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Case concerning land reclamation by Singapore in and around Straits of
Johor
CASE CONCERNING
LAND RECLAMATION BY SINGAPORE IN AND AROUND THE STRAITS OF JOHOR
(MALAYSIA v SINGAPORE)
SETTLEMENT AGREEMENT
JOINT PRESS STATEMENT
1.
The Governments of Malaysia and Singapore signed a Settlement Agreement in
the Case Concerning Land Reclamation by Singapore In and Around the
Straits of Johor, in a ceremony on 26 April 2005 hosted by Singapore.
The Agreement was signed by Tan Sri Ahmad Fuzi Hj Abdul Razak and
Professor Tommy Koh, the respective Agents of the Malaysian and Singapore
Governments. The signing was witnessed by HE Dato' Seri Syed Hamid
Albar, Minister of Foreign Affairs of Malaysia, and HE George Yeo,
Minister for Foreign Affairs of Singapore.
2.
The Settlement Agreement represents a full and final resolution of the
bilateral dispute between Malaysia and Singapore over the latter's
reclamation works. The Agreement, which has been approved by the
Malaysian and Singapore Governments, is a fair and balanced outcome
reached amicably through a series of negotiations.
3.
Under the Agreement, both Governments undertake to carry out various
mitigating measures, pursuant to the recommendations of a group of
independent experts (GOE) appointed by both Governments to study the
impact of Singapore's reclamation works.
4.
The signing of the Settlement Agreement brings the dispute to a close.
Malaysia and Singapore will jointly apply to the arbitration tribunal for
the terms of the Agreement to constitute the final Award of the tribunal
in the arbitration.
Government of Malaysia
Government of Singapore
26 April 2005
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CASE CONCERNING LAND
RECLAMATION BY SINGAPORE IN AND AROUND THE STRAITS OF JOHOR
(MALAYSIA v SINGAPORE)
JOINT PRESS
STATEMENT
1. The
Governments of Malaysia and Singapore met on 22-23
December 2004
and on 7-9 January 2005 to consult on how to implement the
recommendations made by the Group of Experts (GOE) contained in the
report entitled "Report of the Group of Independent Experts (GOE) in
the matter of the ITLOS Order of 8 October 2003" ("GOE Report"),
which was submitted to the two Governments on 5 November 2004. The
delegations were led by the respective Agent of each Government, and
consultations and discussions were very friendly and productive. It
will be recalled that the GOE was set up by the two Governments
pursuant to an Order by ITLOS to conduct a one year study on the
reclamation activities and to recommend, where appropriate, measures
to deal with any adverse effects.
2.
The GOE made a presentation to the Governments on 22 December 2004 on the
GOE Report, and this marked the formal completion of the
GOE's work. Both Agents reiterated their
Governments’ appreciation for the capable and professional manner in which
the study was undertaken. The two Governments were gratified that the GOE
Report was a unanimous one. In turn, the experts expressed their
appreciation to the two Governments for their cooperation and confidence
in them.
3.
Both Governments accepted the recommendations of the GOE and agreed to use
these recommendations as the basis of a mutually acceptable and beneficial
solution. Very good progress was made during these two meetings, and the
two delegations concluded an ad referendum agreement. Malaysia will
be submitting the draft Settlement Agreement to its Government for
approval and signature.
4
The two Governments agreed that the waters in the Straits of
Johor constitute a shared water body. They
recognised that they have a common interest in cooperating to ensure the
safety of navigation in the Straits of Johor.
The two Governments also recognised that they have a common interest in
cooperating to protect the environment, including the monitoring of water
quality to protect the marine and estuarine environment, and monitoring
ecology and morphology in the Straits of Johor
and to address any adverse impacts, if necessary.
5. In
this regard, the two Governments agreed that monitoring and exchange of
information in these two areas will be done through existing mechanisms,
namely, the Maritime and Port Authority of Singapore-Johor
Port Authority (MPA-JPA) Operational Meeting of which, for the Government
of Malaysia, a representative of the Marine Department, Peninsular
Malaysia shall be designated to co-chair the said Meeting, and the
Malaysia-Singapore Joint Committee on the Environment (MSJCE).
6.
The meeting ended on 9 January 2005 with the Parties agreeing ad
referendum on the text of a draft Settlement Agreement. The two
Governments then appeared before the Annex VII Tribunal in The Hague on 10
January 2005 to provide a briefing on the progress of the consultations.
The two delegations will submit the draft Settlement Agreement to their
respective Governments for approval before signing on a date and venue to
be agreed upon.
7. The Singapore side has proposed for
the Settlement Agreement to be submitted to the Annex VII Tribunal for
their adoption to constitute the basis for an award. The Malaysian side
has agreed in principle to an award by the Annex VII Tribunal subject to
the approval by the Government of Malaysia.
8. The positive outcome of the Meeting
between the Malaysia and Singapore delegations reflects the goodwill and
cooperation which exist between them and their respective Governments.
This augurs well for the further strengthening of good relations between
these two friendly and close neighbours.
Government of
Malaysia
Government of
Singapore
9 January
2005
Source:
Singapore Government Press Release 15 Jan
2005
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