Malaysia Loses Claim to Horsburgh Lighthouse

The United Nations International Court of Justice at The Hague, Netherlands, today announced its decision in the 30 year dispute between Malaysia and Singapore over the island called Pedra Blanca (or Pulau Batu Puteh in Malaysia) and awarded the island to Singapore. The island is home to Horsburg Lighthouse, built in 1851, and is an important navigational aid at the busy entrance to the Singapore Straits.

Malaysia didn’t come away empty-handed, though, as the World Court gave them rights over a smaller, uninhabited rock outcropping. A third disputed cluster of rocks was left to be determined later between the countries when they sort our their territorial waters, the ruling said. The sixteen member court said that although it agreed that Johor (a Malaysian state) had historical ownership, but it was unclear whether sovereignty had ever been transferred. It nonetheless agreed with Singapore that it had exercised sovereign powers over the rock since 1851, with no protest from Malaysia until 30 years ago.

The Background on the Story

Lighthouse News posted this story in November of 2007, and the following is a repost of that article. Apologies to those who may have already seen it.

You’re Just a Lighthouse Operator

Pedra Branca, which means White Rock in Portugese, is located 24 nautical miles east of Singapore at the entrance to the Straits of Singapore. It is home to the Horsburgh Lighthouse, built by the British between 1847 and 1851. The island also encompasses two clusters of rocks, the Middle Rocks, and the South Ledge, and is called Pulau Batu Puteh (PBP) by the Malaysians.

The Dispute

In 1979, Malaysia published a map claiming the island. In response, Singapore lodged a formal protest with Malaysia in early 1980. The issue of ownership has been a sore point in the two country’s relations, so both Singapore and Malaysia finally decided to put the dispute before the International Court of Justice in the Hague. This suggestion was first made by Singapore in 1989 and agreed to in 1994 by Malaysia. The two countries then agreed in 1998 on a Special Agreement that was needed to submit the dispute to the ICJ. The Special Agreement was signed in February 2003 before the ICJ was formally notified in July. A judgment isn’t expected until next September, 2008 and it will be final and binding and without appeal.

The Case Before the Court

Singapore claims that Pedra Branca was a “no man’s land” when Britain took possession of it in 1847. And since no one owned it, Britain didn’t need permission to erect the lighthouse. Malaysia, on the other hand, claims that the British were “just lighthouse operators” and were only given permission to build a lighthouse on the islands, not to claim sovereignty over it. Malaysia’s stand is that the features are part of the Johor sultanate and the British sought permission of the rulers to build and administer a lighthouse for navigational safety on PBP. Singapore has sought to dismiss the claim, citing that Pulau Batu Puteh was an uninhabited island with no people to pledge allegiance to the ruler.

The Lighthouse

James Crawford, Foreign Counsel for Malaysia, said in the story:

Mr James Crawford, Foreign Counsel for Malaysia, said: “Singapore is the administrator of Horsburgh Lighthouse and nothing more. Britain’s and Singapore’s activities in respect of the lighthouse do not amount to conduct a titre de souverain (acts consistent with sovereignty).

“Singapore’s claim that its conduct on the island went completely unopposed by Malaysia is not to the point. There was no open conduct a titre de souverain to be opposed.

“Singapore’s conduct was at all times consistent with that of a lighthouse administrator littoral state of the Singapore Straits.”

But Singapore said it had done many activities and constructed many other structures, besides the lighthouse on Pedra Branca, because it knew it owned the island. Non-lighthouse related activities include having reclamation plans for the island and installing military communications equipment. Singapore argued that it would never have done all these if the island belonged to someone else. Singapore also claims it has a letter dated in 1953 from the Sultanate of Johar stating that the island was not owned by them (Johar). Malaysia disputes that, saying the letter has no legal standing as it was sent by a minor official who had no authority to disown the islands.

In the midst of this controversy sits the lighthouse, Singapore’s oldest, silently standing guard over the Straits of Singapore as she has since she was built on these small outcroppings of rock. Whatever the International Court of Justice decides, it will continue to flash a white light every ten seconds from its 102 foot height to warn mariners of these notorious outcroppings of rock.

Final Thoughts

It seems like the World Court applied the common law of Adverse Possession to their ruling. The judgment is binding and without appeal, so one hopes that Malaysia will take it in stride. But once again, whoever owns this rock, the important thing is that Horsburgh Lighthouse will continue to be a beacon of safety for the hundreds of ships that pass through the straits every year.

Other blogs discussing this ruling can be found through a search at Google.

Photo credit: Horsburgh Lighthouse by m00nman26.

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