Tribunal directs Singapore not to harm environs with reclamation work

BY K.Y. PUNG in Hamburg

HAMBURG (Germany): The International Tribunal for the Law of the Sea (ITLOS) here has directed Singapore not to conduct its land reclamation which may cause irreparable damage to Malaysia’s interests or serious harm to the marine environment. 

Tribunal president Judge Dolliver Nelson said the bench unanimously decided to order both parties to co-operate and consult in establishing a group of independent experts with terms of reference agreed upon by both sides.  

He said the group would have to conduct a study to determine the effects of Singapore’s land reclamation and to propose measures to deal with the adverse effects.  

Nelson said the group would have to prepare an interim report on infilling work in Area D at Pulau Tekong and to exchange on a regular basis information and to assess risks or the effects of the reclamation work.  

He also told both parties “to implement the commitments noted in this Order and avoid any action incompatible with their effective implementation and without prejudice to their positions on any issue” before the arbitral tribunal.  

Nelson also ordered that each party submit initial report to the tribunal or the arbitral tribunal before Jan 9.  

The provisional measures the tribunal prescribed would take effect immediately, the judge said, adding that each party would have to bear its own costs.  

Nelson heads a 23-member bench comprising 20 other permanent members of the tribunal and two ad hoc judges; one nominated by Malaysia (Dr Kamal Hossain from Bangladesh) and the other, Prof Bernard H. Oxman, by Singapore.  

Earlier, Malaysian Ambassador to Germany Datuk Kamal Ismaun, as co-agent representing Malaysia in the case, in his remarks before the verdict was read out thanked the ITLOS for the arrangements and facilitation in the case.  

Foreign Ministry secretary-general Tan Sri Ahmad Fuzi Abdul Razak, who is leading the team, was unable to attend because of commitments back home. 

Also present were Attorney-General Tan Sri Abdul Gani Patail, counsel Prof James Crawford and Prof Nico Schrijver, Territorial and Maritime Affairs Division undersecretary Wan Napsiah Salleh.  

Since January last year, Malaysia had protested against Singapore’s unilateral reclamation activities along the straits that they share and had resorted to filing a case with the tribunal after negotiations between the two countries broke down two months ago.  

Underlying Malaysia’s concerns are the harm done to the marine environment along the straits, navigational difficulties brought about by a narrower channel at Pulau Tekong and infringement of her territorial waters at the area called Point 20 by reclamation work at Tuas.  

The republic’s reclamation works, involving 5,214ha of sea area and expected to be completed in 2010, will lengthen the headland in Tuas by 7km and double the size of Pulau Tekong.  

Because of the reclamation work in Pulau Tekong, the distance between the island and Malaysia’s Pularek naval training base at Tanjong Pengelih has been reduced to 0.75km from 1.8km.  

Fuzi said he was delighted with the outcome while his Singaporean opposite number Tommy Koh described the decision as “good news.”  

Foreign Ministry secretary-general Tan Sri Ahmad Fuzi Abdul Razak, who is leading the team, was unable to attend because of commitments back home. 

Also present were Attorney-General Tan Sri Abdul Gani Patail, counsel Prof James Crawford and Prof Nico Schrijver, Territorial and Maritime Affairs Division undersecretary Wan Napsiah Salleh.  

Since January last year, Malaysia had protested against Singapore’s unilateral reclamation activities along the straits that they share and had resorted to filing a case with the tribunal after negotiations between the two countries broke down two months ago.  

Underlying Malaysia’s concerns are the harm done to the marine environment along the straits, navigational difficulties brought about by a narrower channel at Pulau Tekong and infringement of her territorial waters at the area called Point 20 by reclamation work at Tuas.  

The republic’s reclamation works, involving 5,214ha of sea area and expected to be completed in 2010, will lengthen the headland in Tuas by 7km and double the size of Pulau Tekong.  

Because of the reclamation work in Pulau Tekong, the distance between the island and Malaysia’s Pularek naval training base at Tanjong Pengelih has been reduced to 0.75km from 1.8km.  

Fuzi said he was delighted with the outcome while his Singaporean opposite number Tommy Koh described the decision as “good news.”  

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