Sarawak's Claim on the State's Jurisdiction over Oil and Gas on the Continental Shelf: A Legal Historical Perspective

Abstract

This paper aims to conduct a preliminary re-evaluation of the claim made by the Government of Sarawak regarding its jurisdiction over oil and gas on the continental shelf. The basis of Sarawak’s claim is rooted in the pre-Malaysia status quo of state territory, which was established through the Alteration of Boundaries of 1954. This proclamation extended the borders of the state to include the continental shelf adjacent to its coast, ensuring the state’s rights to natural resources, including oil and natural gas. However, this research questions the legality of the 1954 law based on the context of legal history. It appears to be incompatible with the 1958 Geneva Convention on the High Seas and the 1982 United Nations Convention on the Law of the Sea. These conventions provide the statutory basis for incorporating sea territorial waters beyond three nautical miles and designating Exclusive Economic Zones for specific nations. As such, obtaining jurisdiction over sea territorial waters was the responsibility of the federal government of Malaysia, which acted as the deemed signatory. The research will employ content analysis of relevant secondary sources, as well as selected historical and legal documents. By doing so, it hopes to bring clarity to the legal complexities in the historical context surrounding Sarawak’s claim. The ultimate goal is to redefine the current dimension of the issue and seek an amicable solution to address the jurisdictional matter.
 Keywords: Sarawak’s claim, state jurisdiction, state autonomy, oil and gas, continental shelf