Thinking of those possible controversial issues from the past that were not widely known regarding our country, we chose to focus on territorial matters; territorial disputes. Territorial dispute often refers to an opposition or contrasting of countries over a state of ownership in the land. Countries become as rivals for the sake of having a piece of land and contain the rights and power over it. This territorial issue is what our country had faced over a long period of time up to now. One of this is the Claim of Sabah between the Philippines and Malaysia which is what we are going to tackle onto our “Mystery in History”.
Long ago, it is said that the Philippines and the island of Borneo, formed a land mass by means of the land bridges connecting the two areas. The North Borneo, now known as Sabah is confined to the Philippines. The Sulu inhabitants regarded it as “land below the wind” for it is located below the typhoon belt.
Time came that the Borneo was separated from the Philippines due to lost of its land bridge. The two countries then fell under separate kingdoms usually called as sultanates. When the Spanish navy reached our shores, it influenced all the invaders to engage into different treaties with various sultans. One invader is the Malaysia.
The main basis of the territorial dispute between the Philippines and Malaysia over Sabah is the different understanding and interpretation of the treaty they have signed; the Treaty of Pajak. Since it is an Arabic word, the Filipino people or the Sultan claims that the term “Pajak” means “a lease”- a contract by which a rightful possessor of real property has the right to use and occupy the property of consideration, usually rent. This means the Malaysia can only regard Sabah as for rent. On the other hand, according to Malaysia the Arabic term refers to “cession” – a transfer of land from one state to another giving them the full right of ownership of Sabah.
For a long time, this has been an issue which underwent a lot of processes to finally state who’s really has the right for the claim of Sabah. Is it the Philippines? Or Malaysia?
Statement of the Problem: Our curiosity brought us many questions in mind that only through such researches and gathering of information about the said topic may answer. In this study, we are to reason out and strongly prove the answer to those questions based on the information acquired. Stated problems are as follows;
1. Why is that Sabah a big issue to Malaysia and Philippines in terms of ownership? 2. What are at stake in this territorial dispute? 3. What is the relevance of the International Law in the given study? 4. Between the Philippines and Malaysia, which possesses the right for the ownership of Sabah?
Bibliography:
Manila Bulletin (23rd April 2013) p.12
Filipiniana Fil. – Serials (3rd flr.)
National Library of the Philippines
Philippine Daily Inquirer (Released: 23rd March 2013)
Article: Sabah issue in International Law by Sen. Miriam Defensor- Santiago
Filipiniana Fil. – Serials (3rd flr.)
National Library of the Philippines
Philippine Daily Inquirer (Released: 22nd March 2013) p.A1-A2 L
Filipiniana Fil. – Serials (3rd flr.)
National Library of the Philippines
Reference Asia and Oceania (2nd flr.) – General Book Asia 991.152 T716h 1965
p. {249}-262
National Library of the Philippines
