Maritime delimitation: The Malaysian practice with selected neighbouring countries

Maritime delimitation is a complicated subject under the law of the sea. Until now, the applicable law in maritime delimitation is not clearly established. This paper attempts to analyse and examine the law governing maritime delimitation based on the International Law of the Sea Conventions, judicial decisions, and maritime delimitation treaties. The research methodology used is mainly doctrinal. Special reference is placed on Malaysia's delimitation practice with a few of its neighbours namely, Indonesia, Thailand and Brunei. It is submitted that the practicable adopted delimitation methodology is to be based on the "equidistance principle" to achieve an equitable result taking into account relevant circumstances. Malaysia, being a state party to the 1982 United Nations Convention on the Law of the Sea, has demonstrated a flexible and conciliatory approach toward maritime delimitation. To be certain extent, Malaysia has been successful in the conclusion of both maritime delimitation agreements and provisional arrangements pending final delimitation. The most significant characteristic of delimitation agreements between Malaysia and its neighbouring countries is the application of the "equidistance" method which is modified under relevant circumstances to arrive at an equitable result. With regard to outstanding maritime delimitation issues, it can reasonably be expected that Malaysia will continue with the adoption of the same method in its bilateral negotiations.