MFA Spokesman's Comments on Judgement by the International Tribunal for the Law of the Sea

In response to media queries on the ITLOS judgement, the MFA Spokesman said:

"The ITLOS decision supports Singapore's position that there was no need for Singapore to stop its reclamation works either at Tuas or Tekong.

It upholds the position which Singapore has maintained all along ie that Singapore's reclamation works, which are carried out strictly within its territorial waters, are in full compliance with international law.

The provisional measures requested by Malaysia were:

(a) That Singapore shall, pending the decision of the Arbitral Tribunal, suspend all current land reclamation activities in the vicinity of the maritime boundary between the two States or of areas claimed as territorial waters by Malaysia (and specifically around Pulau Tekong and Tuas);

(b) to the extent it has not already done so, provide Malaysia with full information as to the current and projected works, including in particular their proposed extent, their method of construction, the origin and kind of materials used, and designs for coastal protection and remediation (if any);

(c) afford Malaysia a full opportunity to comment upon the works and their potential impacts having regard, inter alia, to the information provided; and

(d) agree to negotiate with Malaysia concerning any remaining unresolved issues.

ITLOS has not granted Malaysia's application to order Singapore to stop its reclamation works, either at Tuas or Pulau Tekong.

ITLOS also found no basis whatsoever for Malaysia's request for provisional measures based on their territorial claim to "Point 20" at Tuas.

Singapore welcomes the Tribunal's decision that both countries promptly establish a group of independent experts to conduct a joint study. This is something we had already agreed to after the August meeting and before the case at ITLOS. The Tribunal also noted Singapore's offers to exchange information, consult and negotiate with Malaysia, which we had made to Malaysia as far back as July.

Singapore is pleased that the Tribunal has ruled in line with Singapore's offers and assurances, while allowing all our reclamation works to continue.

Malaysia had decided to take us to international adjudication for provisional measures on grounds which clearly lacked merit."

Asked about the next step, the MFA Spokesman said:

"We have crossed the initial stage. We have to argue the merits of Malaysia's claim before the arbitration tribunal, which will be established on 9th October. So we will continue with our preparation for this hearing in order to convince the arbitral tribunal to find in favour of Singapore and reject Malaysia's claims."

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MINISTRY OF FOREIGN AFFAIRS
SINGAPORE
8 OCTOBER 2003