The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands Book contents
- Frontmatter
- Dedication
- Contents
- List of Figures
- List of Abbreviations
- Acknowledgements
- Preface
- 1 Introduction
- 2 Historical Background: The Partitioning of the Malay Archipelago
- 3 The Resolution of Anglo-Spanish Claims and the Anglo-Dutch Boundary in North Borneo, 1878–1915
- 4 Delimitation of the North Borneo–Philippines Sea Boundary and the Transfer of Sovereignty over Certain Islands to North Borneo, 1903–30
- 5 The Emergence of Successor States to Colonial Regimes and the Phenomena of Expansionist Nationalisms in Maritime Southeast Asia
- 6 The Bases of Indonesia's Claim
- 7 The Bases of Malaysia's Claim
- 8 The ICJ's Judgment
- 9 Conclusion
- Appendixes
- Appendix A The Madrid Protocol, 1885. Protocol between Great Britain, Germany and Spain, signed at Madrid, 7 March 1885
- Appendix B Convention between Great Britain and the Netherlands Defining Boundaries in Borneo. Signed at London, 20 June 1891
- Appendix C Agreement between the United Kingdom and the Netherlands Relating to the Boundary between the State of North Borneo and the Netherland Possessions in Borneo. Signed at London, 28 September 1915
- Appendix D H.M. Durand's Memorandum 1906. Memorandum, H.M. Durand, British Ambassador to the United States, to the Secretary of State, U.S.A., 23 June 1906
- Appendix E The Secretary of State (U.S.A.) to the British Ambassador, 19 December 1906
- Appendix F Exchange of Note of 3 July 1907 between Britain and the United States
- Appendix G Exchange of Note of 10 July 1907 between Britain and the United States
- Appendix H Boundary Convention between Great Britain and the United States, 2 January 1930, and Exchange of Notes, 2 January 1930 and 6 July 1932
- Bibliography
- Index
- About the Author
Appendix E - The Secretary of State (U.S.A.) to the British Ambassador, 19 December 1906
from Appendixes
Published online by Cambridge University Press: 25 January 2020
- Frontmatter
- Dedication
- Contents
- List of Figures
- List of Abbreviations
- Acknowledgements
- Preface
- 1 Introduction
- 2 Historical Background: The Partitioning of the Malay Archipelago
- 3 The Resolution of Anglo-Spanish Claims and the Anglo-Dutch Boundary in North Borneo, 1878–1915
- 4 Delimitation of the North Borneo–Philippines Sea Boundary and the Transfer of Sovereignty over Certain Islands to North Borneo, 1903–30
- 5 The Emergence of Successor States to Colonial Regimes and the Phenomena of Expansionist Nationalisms in Maritime Southeast Asia
- 6 The Bases of Indonesia's Claim
- 7 The Bases of Malaysia's Claim
- 8 The ICJ's Judgment
- 9 Conclusion
- Appendixes
- Appendix A The Madrid Protocol, 1885. Protocol between Great Britain, Germany and Spain, signed at Madrid, 7 March 1885
- Appendix B Convention between Great Britain and the Netherlands Defining Boundaries in Borneo. Signed at London, 20 June 1891
- Appendix C Agreement between the United Kingdom and the Netherlands Relating to the Boundary between the State of North Borneo and the Netherland Possessions in Borneo. Signed at London, 28 September 1915
- Appendix D H.M. Durand's Memorandum 1906. Memorandum, H.M. Durand, British Ambassador to the United States, to the Secretary of State, U.S.A., 23 June 1906
- Appendix E The Secretary of State (U.S.A.) to the British Ambassador, 19 December 1906
- Appendix F Exchange of Note of 3 July 1907 between Britain and the United States
- Appendix G Exchange of Note of 10 July 1907 between Britain and the United States
- Appendix H Boundary Convention between Great Britain and the United States, 2 January 1930, and Exchange of Notes, 2 January 1930 and 6 July 1932
- Bibliography
- Index
- About the Author
Summary
DEAR MR. AMBASSADOR: Your note of November 6 reminded me that a respond has not yet been forthcoming to the memorandum which you left with me on the 23rd June last in relation to the administration or leasing of certain small islands on the North Bornean coast by the British North Borneo Company.
The matter has required much consideration and involved delay which I regret, and even at this late day I am not at all clear as to the most practical way to give effect to the desire of your Government by a formal agreement.
I apprehend that the difficulty in the way of a conventional delimitation of the boundary between the former possessions of Spain in the Sulu Archipelago, now belonging to the United States, and the North Bornean territories on or adjacent to the mainland of Borneo, may lie in the circumstance that the North Bornean domain is not an imperial possession of Great Britain, but is held by a British Chartered Company under grant of the native Sultans and under the protection of the Crown in virtue of such grant. If this be so, I can discern impediments to an international convention between our two countries for establishing a boundary line between their respective sovereignties—and I can equally see that objections might be raised to undertaking to fix that boundary by agreement between this Government and a chartered corporation having per se no national status.
Something of the same difficulty might arise in the case of the United States undertaking to lease the islands to a chartered company not having the standing of a government. The third condition of your memorandum illustrates this point, suggesting, as it does in effect, that such a lease should carry with it power to the company to grant titles and concessions binding upon the United States and to make valuable improvements, which would be an eventual charge upon this Government should the United States terminate the lease and reenter upon the property.
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- The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan IslandsHistorical Antecedents and the International Court of Justice Judgment, pp. 208 - 209Publisher: ISEAS–Yusof Ishak InstitutePrint publication year: 2019