Singapore files declaration to UNCLOS

SINGAPORE: Singapore has filed a declaration under the United Nations Convention on the Law of the Sea (UNCLOS) to ensure that Malaysia does not unilaterally commence third-party arbitration or adjudication against the republic over their maritime boundary dispute.

Singapore, likewise, cannot unilaterally commence third-party arbitration or adjudication against Malaysia as well.

A spokesman for Singapore’s Foreign Ministry, in a statement, said the Singaporean government filed the declaration yesterday under Article 298(1)(a) of UNCLOS. It said Singapore had informed Malaysia that it had filed the declaration.

“This declaration means that other states parties to UNCLOS cannot unilaterally commence third-party arbitration or adjudication against Singapore in respect of maritime boundary disputes. Singapore likewise cannot unilaterally commence third-party arbitration or adjudication against other states parties for such disputes,” the spokesman said.

He said Singapore believed that maritime boundary delimitation disputes were best resolved through negotiations to reach an amicable settlement acceptable to all parties.

However, he said, “if this cannot be achieved, Singapore is prepared to settle such a dispute by recourse to an appropriate international third-party dispute settlement procedure, on terms mutually agreed to by the parties”.

The ministry said “should a dispute arise that cannot be resolved through negotiations, Singapore will work with the other states parties to agree on the choice of forum and the specific issues to be decided, in order that the matter can be submitted to arbitration or adjudication”.

“This is preferable to one party taking another unilaterally to arbitration or adjudication, without prior mutual agreement on these key issues,” it said

The ministry said many states parties to UNCLOS, such as France, Canada, Italy, Spain, Australia and Thailand, had made similar declarations.

“Singapore hopes that by engaging each other, the two governments will reach a swift and amicable resolution, in accordance with international law. Singapore will continue to uphold international law and remains committed to the peaceful settlement of disputes in accordance with international law.”