The maritime boundaries of Malaysia and Indonesia in the Malacca strait: An appraisal

Abstract

This article examines the seabed boundary agreement between Malaysia and Indonesia in the Straits of Malacca. Malaysia and Indonesia signed seabed treaties in 1969 covering part of the Straits of Malacca, the eastern side of the Peninsular Malaysia and off Tg Datu in Sarawak. There was also an agreement on the territorial sea in a narrow section in the Strait of Malacca in 1970. The signing of these treaties was made possible because of excellent political relations between Malaysia and Indonesia following the Konfrontasi episode (1963–1965). For Indonesia, the treaties were important to pave the way to become an archipelagic state as required under the United Nations Convention on the Law of the Sea. Malaysia was willing to facilitate Indonesia's quest for an archipelagic state on the understanding that the agreed seabed boundary in the Strait of Malacca, as well as the boundary on the eastern side of the Malay Peninsula and the section that starts at Tg Datu, Sarawak, would be a single maritime boundary. However, soon after UNCLOS came into force in 1996 and Indonesia had secured the archipelagic state status, the Government of Indonesia stated its intention to open discussions with a reluctant Malaysia for a new boundary on the exclusive economic zone (EEZ) in the Strait of Malacca and off Tg Datu. The negotiations are ongoing.