#sabah #Petronasseize #SabahArbitration #SuluHeirs
The Philippines and Malaysia disputes over Sabah

When understanding the long territorial disputes of Sabah, between the Federal Government of Malaysia and the Philippines, presenting itself as the successor state of the Sultanate of Sulu and how the arbitrary award worth $19.2 billion was awarded to the heirs of the Sultanate, we must go back to its history and its geographical location.

In 1658, the Sultan of Brunei ceded the northern and eastern portion of Borneo to the Sultanate of Sulu in compensation for the latter's help in settling the Brunei Civil War in the Brunei Sultanate. In 1888, North Borneo became a protectorate of the United Kingdom. Administration and control over North Borneo remained in the hands of the Company despite being a protectorate and they effectively ruled until 1942.

Between 1961 to Mid-1963, during the transition of the liberation of Sabah, the Cobbold Commission was set up to determine whether the people of Sabah and Sarawak favored the proposed union. The commission had found that the union was generally favored by the residents but also noted some opposition from the people but decided that such opposition was minor.

On 12 September 1962, during President Diosdado Macapagal's administration, the Philippine government claimed the territory of North Borneo, and the full sovereignty, title, and dominion over it were ceded by the heirs of the sultan of Sulu, Muhammad Esmail E. Kiram I, to the Republic of the Philippines.

So, who is the real owner of Sabah? Apparently, Sabah is technically part of the Federal state of Malaysia currently, when North Borneo was incorporated into the federation in 1963.
But in the future, the thing seems uncertain. Currently, the arbitrary battle is between the heirs of the Sultan, a private Filipino citizen, and the Malaysian Government. The Philippine government could step up, and represent the heirs of the Sultanate of Sulu as the successor of North Borneo.
If ever, the 1878 treaty is still binding and enforceable, the non-payment of Malaysia of an annual rental since 2013 could result in a breach of contract, and as a consequence, the control, and ownership of North Borneo can be taken back by the owner or to the heirs of the Sultanate of Sulu.
This could be the reason, why the arbitrary Court in France awarded $14.9 billion, a bigger amount compared to the unpaid annual cession money for 9 years.
However, the Malaysian Government won’t budge an inch over Sabah and created a task force that has been set up to study all of Malaysia’s overseas assets and protect the security and sovereignty of Sabah.
But the real question is, was the incorporation of Sabah into the Malaysian federation is legal and binding? based on the 1878 Treaty between the Sultanate of Sulu and the British empire.
Or the 1878 concession treaty has a legal basis in the present day’s international law system?
Either way, both countries must respect any authorized arbitrary proceeding issued by the International Court and be able to create a diplomatic concession for a peaceful resolution of the issue.


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