Hak Negeri Melayu ke Atas Pelantar Benua: Kajian Kes Malaysia Mengikut Analisis Jurisprudens Watan

Abstract

The sovereign rights of a country over territorial waters are not a new issue. As an independent State, it has sovereignty within its territory and external sovereignty in the form of international recognition. Disputes over territorial rights remain between one State and another today, resulting in tensions in political relations. A local issue close to this subject that still arises is the right of a state in the Federation over petroleum production.  Hence, this paper aims to analyse the rights of a Malay State over the territory of the Continental shelf of Malaysia, as it is there that petroleum resources are explored. This study is a legal analysis using a case study design promoting the method of watanic jurisprudence to analyse a few primary legislation, including UNCLOS, the Continental Shelf Act 1966, and the Territorial Sea Act 2012. This paper found that the territorial waters of the Malay State in the Federation cannot be limited to 3 nautical miles from the low tide line in pursuance of the Territorial Sea Act 2012 without strict compliance with Article 2 of the Federal Constitution. The legitimacy of the territorial limits of the State’s waters is essential as it determines the State’s rights to the Continental shelf and its petroleum production recognised for a coastal state by International Law.