Effective Occupation as Method of Territorial Acquisition: Analysis of Sipadan - Ligitan Case

Abstract

Various ways, such as cession, prescription, discovery to acquire a title to a part of territory can be conducted by any state, provided this state can exercise effective occupation of the territory. Occupation (or taking of possession) which has already been going for a long time, continuous and peaceful followed with recognition is not of physical character merely, but particularly relates to a display of state functions constituting a manifestation of territorial sovereignty, as it can be discovered through many judicial and arbitrarily decisions, like the Sipadan - Ligitan Case. Creation of Malaysia’s title to the two islets is related not only with principle of effective occupation, but also with an existing great difficulty to do avoidance of external influence behind the International Court of Justice (ICJ) decision. Any arguments and considerations of the court densely contain alibi or artificial play of tongue aimed at protecting economic interest of certain state in Malaysia in such a way that dissenting opinion and separate opinion emerge of which the resource is any unworthiness or injustice.

Keywords

• Effective Occupation
• International Court of Justice
• Territorial Sovereignty