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Yong Teck Lee: "This is my promise to you, that our struggle continues and I will always be by your side"...."Trust and integrity of the leaders are fundamental to the future of a country or a government or, in our case, SAPP as a serious political party of the future"

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2016 July 12 - SAPP: Does South China Sea ruling have any bearing on Sabah Claim?

Does South China Sea ruling have any bearing on "Sabah Claim"?

KOTA KINABALU, July 12, 2013: An international tribunal at Holland is expected to rule on an arbitration case brought by the Philippines against China concerning the South China Sea Tuesday 5pm today.

Sabah Progressive Party (SAPP) president Datuk Yong Teck Lee cited that the decision of the Permanent Court of Arbitration might shed some light on Malaysia`s maritime territorial limits in one or more of three ways:

1. To what extent is the maritime territorial limits of the Philippines bordering Sabah;

2. Specifically, how will the "court" rule on the Philippines claim to the sea at Sabah`s north-west which belongs to Malaysia, and

3. The consequential implication on the Philippines Claim to Sabah.

It is a relief that whatever ruling coming out of Holland in not binding on Malaysia because Malaysia is not a party to the arbitration case. Indeed, the ruling binds ONLY the Philippines because only the Philippines, and nobody else, is a party to the proceedings. China, in spite of being widely predicted to "lose the case" will similarly not be bound by the ruling for the simple reason that China did not agree to submit China`s claim to South China Sea to the tribunal.

This is because the rules of this tribunal are that all the parties in the dispute must agree to submit to their dispute to the tribunal for a decision.

This rule (that all parties to the dispute must agree to submit their dispute to the tribunal) is not unlike that of the United Nation-established International Court of Justice (IJC). For instance, Indonesia and Malaysia in 1998 had to mutually agree to submit the Sipadan/Ligitan island dispute to the ICJ before the case could proceed. Final judgement in favour of Malaysia was made in 2002. Similarly, the Batu Puteh island case with Singapore which Malaysia lost in 2008.

Unlike the ICJ, this PCA is not a court, much less a "UN Court" as misreported by The Manila Times. Contrary to some misperception, the PCA is not the ICJ. The PCA is only an administrative arrangement for government, government agencies and private entities to settle a dispute arising out of an international contract or treaty.

Nevertheless, since this case was brought unilaterally by the Philippines, the Philippines would find it difficult to depart from any detrimental implication arising out of this case, including setting its territorial limits with Malaysia (Sabah).
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SAPP Policies

SAPP's 17 point Manifesto - Sabah deserves better in terms of more equitable distribution of opportunities, in social, economic and infrastructural development and a better quality of life. [BM][Chinese]

SAPP's Economic Plan for Sabah - SAPP aims to achieve economic prosperity and financial self-reliance for Sabah. Version in [BM] [Chinese]

SAPP's Land Reform Policy - To promote and protect the rights and interests of local natives and other citizens in Sabah [BM][Chinese]

On Oil Royalty - SAPP is not giving up its struggle for more oil royalty payment for Sabah.

SAPP's Eight (8) Points Declaration - Whereas our mission is to establish a trustworthy govt and a progressive ...

SAPP's 14 point memo in 2006 - Time for Direct Preventive Actions

SAPP Constitution (booklet)

Our Sabah..

Books on ....
RCI Report on Immigrants in Sabah
The Birth of Malaysia
Malaysia Agreement Article 1-11
The Original Agreement of Malaysia
Heroes of Kinabalu 神山美烈誌
Schedule 9 of the Federal Constitution

more on ...
Twenty points safeguard
20 Perkara
Illegals & IC issues
Bernas Monopoly
No to coal-fired plant
Sabah Gas pipeline
3 million acres oil blocks ceded
The Formation of Msia & Devt in Sabah
Proclamation of Msia 1963...details
Restore Sabah's right to appoint JCs,
Ex-minister: Review 20-point
Supply Sarawak power to Sabah...
Sedition Act 1948
Continental Shelf Act 83 (1966)
Petroleum Development Act 144 (1974)
Petroleum Oil Agreement (1976)

More....


SAPP bid to discuss Sabah claim rejected
Take action against anti-Malaysia elements
Call for Philippines Consulate in Sabah
Get the RM1 billion and solve the QEH debacle
SAPP's objection of coal-fired plants in Sabah
SAPP: Explain the RM 601 loan to KL company
The missing billion ringgit "special grant"
SAPP on SEDIA Bill 2009
SAPP supports the call for the abolishment of Cabotage Policy
Probe illegals having Mykad also
Political Autonomy for Sabah
Sabah Schools still awaiting share of RM30 million
Special fund: Eric wants ACA probe
Oil royalty: SAPP not giving up
Scrap Bernas monopoly on rice
More News in Search Archive.....

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