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Pedra Branca, Singapore
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Pedra Branca (European Portuguese: [ˈpɛðɾɐ ˈβɾɐ̃kɐ]), also known as Batu Putih (Malay: [batu puteh]), is an outlying island and the easternmost point of Singapore.[1] The name of the island, which is Portuguese for "white rock", refers to whitish guano deposited on the rock. The island consists of a small outcrop of granite rocks with an area of about 8,560 square metres (0.00856 km2) at low tide. During the low water spring tide it measures, at its longest, 137 metres (449 ft) and has an average width of 60 metres (200 ft). Pedra Branca is situated at 1°19′48″N 104°24′27″E / 1.33000°N 104.40750°E / 1.33000; 104.40750, where the Singapore Strait meets the South China Sea, and so is considered a maritime landmark of the eastern entrance of the Singapore Strait.

Key Information

There are two maritime features near Pedra Branca. Middle Rocks, under the sovereignty of Malaysia, consists of two clusters of small rocks about 250 metres (820 ft) apart situated 0.6 nautical miles (1.1 km; 0.7 mi) south of Pedra Branca. South Ledge, which is 2.2 nautical miles (4.1 km; 2.5 mi) to the south-south-west of Pedra Branca, is a rock formation visible only at low-tide.

Pedra Branca was known to sailors for centuries. It was originally within the territory of the Johor Sultanate, which was founded in 1528, and remained under the new Sultanate of Johor while under the British sphere of influence following the signing of the Anglo-Dutch Treaty of 1824 between the United Kingdom and the Netherlands. Between 1850 and 1851, the British built Horsburgh Lighthouse on the island without seeking the consent of the Johor authorities or informing them of the decision. From that time, the Straits Settlements administered the island; Singapore then assumed responsibility in 1946 after the dissolution of the Straits Settlements. On 21 September 1953, the Acting State Secretary of Johor, responding to a query from the Colonial Secretary of Singapore about the status of the island, stated that "the Johore Government does not claim ownership of Pedra Branca".

On 21 December 1979, Malaysia published a map that showed the island to be within its territorial waters. This ignited a 29-year territorial dispute which, together with the issue of sovereignty over the nearby maritime features of Middle Rocks and South Ledge, the disputants presented to the International Court of Justice (ICJ) for resolution. On 23 May 2008, the ICJ ruled that Pedra Branca was under Singapore's sovereignty. At this point, the ICJ also noted Singapore's plans to conduct reclamation at Pedra Branca.[2] Although the island had originally been under the sovereignty of the Johor Sultanate, the United Kingdom and Singapore had carried out various acts of sovereignty in respect of the island. The failure of Malaysia and its predecessors to respond to these acts, and other actions that demonstrated their acknowledgment of Singapore's sovereignty over the island, meant that Singapore had gained sovereignty over Pedra Branca. On the other hand, Middle Rocks remain part of Malaysian territory as Singapore had not manifested any acts of sovereignty in respect to it. The Court did not rule definitively on the remaining outcrop, South Ledge, declaring that it belonged to the state in the territorial waters of which it is located. Malaysia and Singapore have established the Joint Technical Committee to delimit the maritime boundary in the area around Pedra Branca and Middle Rocks, and to determine the ownership of South Ledge.

Singapore also asserts claims to territorial waters and airspace around Pedra Branca, including a slice of the South China Sea, which is discontiguous with the rest of Singapore's territorial waters. This discontiguity is due to Pedra Branca's location 40 kilometers east of the Singapore mainland, through a narrow strait between Malaysian and Indonesian land. The award of sovereignty of Pedra Branca to Singapore has raised concerns in Malaysia if Pulau Pisang, near the west end of the Singapore Strait on which Singapore also operates a lighthouse, may also face territorial claims from Singapore. Thus far both Malaysian and Singapore governments have expressed that there is no question of Malaysia's sovereignty over Pulau Pisang.

Etymology

[edit]

Pedra Branca means "white rock" in Portuguese, and refers to whitish guano (bird droppings) deposited on the rock by the black-naped tern, which used the island as a nesting ground.[3] This name is used by both the English-language and Malay-language press in Singapore.[4] Malaysia formerly referred to the island as Pulau Batu Puteh, which means "white rock island" in Malay, but the Government of Malaysia subsequently decided to drop the word Pulau ("Island"). In August 2008 Foreign Minister Rais Yatim said Malaysia considered that the maritime feature did not meet internationally recognised criteria for an island, that is, land inhabited by humans that had economic activity.[5]

The island is known in Mandarin as Baijiao (Chinese: 白礁; pinyin: báijiāo),[3] which means "white reef".[6] The Tamil name is பெத்ரா பிராங்கா, a transliteration of Pedra Branca.

Geography

[edit]
The approximate location of Pedra Branca in the South China Sea in relation to the countries surrounding it

Pedra Branca, located at 1° 19′ 48″ N and 104° 24′ 27″ E, is an island with an area of about 8,560 square metres (92,100 sq ft) at low tide. During the low water spring tide it measures, at its longest, a mere 137 metres (449 ft) and has an average width of 60 metres (200 ft). It is approximately 24 nautical miles (44 km; 28 mi) to the east of Singapore; 7.7 nautical miles (14.3 km; 8.9 mi) south of Johor, Malaysia; and 7.6 nautical miles (14.1 km; 8.7 mi) north of Bintan, Indonesia.[7][8][9]

There are two maritime features near Pedra Branca. Middle Rocks, which is under the sovereignty of Malaysia, consists of two clusters of small rocks about 250 metres (820 ft) apart situated 0.6 nautical miles (1.1 km; 0.7 mi) south of the island. They stand 0.6 metres (2.0 ft) to 1.2 metres (3.9 ft) permanently above water. South Ledge, on the other hand, is a rock formation visible only at low-tide. It is 2.2 nautical miles (4.1 km; 2.5 mi) to the south-south-west of Pedra Branca.[10] Its ownership has yet to be definitively determined by Malaysia and Singapore.

Rock samples from Pedra Branca, Middle Rocks and South Ledge show they are all composed of a light, coarse-grained biotite granite. Therefore, from a geomorphological standpoint, the three maritime features belong to the same rock body.[11]

History

[edit]
A replica of Long Ya Men at the Labrador Nature Reserve, put up in 2005 as part of the Singapore Zheng He's 600th Anniversary Celebrations
Detail of a 1620 "Map of Sumatra" by Hessel Gerritz, a cartographer with the Hydrographic Service of the Dutch East India Company. The location of the island of "Pedrablanca" (Pedra Branca) is marked

Pedra Branca was known to sailors for centuries. Part of the Chinese sailing instructions for the South China Sea based on information compiled by Admiral Zheng He (1371–1433) advised a navigator that after departing Long Ya Men (Mandarin for "Dragon's Teeth Gate"), a rocky outcrop at the gateway to what is now Keppel Harbour in Singapore, he should steer a course of between 75° and 90° for five watches until his vessel reached Baijiao.[3] Pedra Branca was also mentioned in Dutch voyager Jan Huyghen van Linschoten's Itinerario (Itinerary),[12] an account of his voyages in the Portuguese East Indies. After the publication of the work in 1596, the island began appearing regularly on European maps of the Far East.[13] The 1598 English edition of the work stated:[14]

From the Cape of Singapura to the hook named Sinosura to the east, are 18 miles; 6 or 7 miles from there lies a cliffe in the sea called Pedra Branque, or White Rock, where the shippes that come and goe from China doe oftentymes passe in greate danger and some are left upon it, whereby the Pilots when they come thither are in greate feare for other way than this they have not.[13]

Pedra Branca was originally within the territory of the Johor-Riau Sultanate,[15] which was founded in 1528 by Sultan Alauddin Riayat Shah II, the son of Sultan Mahmud Shah of the Malacca Sultanate. In the mid-17th century, the Dutch Governor of Malacca wrote to the Dutch East India Company, asking it to send two boats to the Straits of Singapore to "cruise to the south of Singapore Straits under the Hook of Barbukit and in the vicinity of Pedra Branca" to stop Chinese traders from entering Johor River. The plan was put into force, and two Chinese junks were captured in the Straits and diverted to Malacca. However, this action provoked a protest from the Sultan of Johor, which showed that the Sultan regarded the junks' seizure as an infringement of his sovereignty in the area. Three letters written in 1824 to the Government of India by the British Resident in Singapore, John Crawfurd, also confirm it was his understanding that all the islands in the region of the Straits of Singapore came under the Johor Sultanate.[16]

Thomas and William Daniell's etching of Pedra Branca before the building of Horsburgh Lighthouse, c. 1820

In addition, other 19th-century documents show that the Sultan of Johor exercised authority over the Orang Laut ("sea people") who inhabited the maritime areas of the Straits of Singapore and visited Pedra Branca. One of these was a letter of November 1850 by John Turnbull Thomson, the Government Surveyor of Singapore, which reported on the need to exclude the Orang Laut from Pedra Branca where Horsburgh Lighthouse was being built. Calling them a "half fishing half piratical sect", Thomson noted that they "frequently visit the rock so their visits should never be encouraged nor any trust put in them ... In the straits and islets of the neighbouring shores and islands many lives are taken by these people."[17]

On 17 March 1824, the United Kingdom and the Netherlands signed the Anglo–Dutch Treaty of 1824. It divided the old Johor Sultanate into two new Sultanates: the new Sultanate of Johor, which would be under the British sphere of influence, and the Sultanate of Riau–Lingga under Dutch influence.[18] Under Article XII of the Treaty, Britain agreed that "no British Establishment shall be made on the Carimon Isles, or on the Island of Bantam, Bintang, Lingin, or on any of the other Islands South of the Straits of Singapore ..." The islands and islets within the Straits fell within the British sphere of influence. This included Pedra Branca, which thus remained part of the territorial domain of the new Johor Sultanate.[19]

1840s to 1851: Construction of Horsburgh Lighthouse

[edit]
Horsburgh Lighthouse, a painting by John Turnbull Thomson (1821–1884) showing the island of Pedra Branca just after the completion of the lighthouse in 1851, which he designed.

Captain James Horsburgh,[20] a Scottish hydrographer to the British East India Company who had prepared many charts and sailing instructions for the East Indies, China, New Holland, the Cape of Good Hope and other intermediate ports,[21] died in May 1836. Merchants and mariners felt that the building of one or more lighthouses would be a fitting tribute to him, and in as early as November 1836 Pedra Branca was proposed as one of the preferred sites.[22] By 1844, preference had been expressed for Romania Outer Island, or Peak Rock.[23] Some time in November 1844, the Governor of the Straits Settlements, William John Butterworth, wrote to the Sultan and the Temenggung of Johor regarding the matter. His letters have not been found, but English translations of the replies, dated 25 November 1844, indicate that the Sultan and Temenggung favoured the proposal. In particular, the Temenggung wrote that "the [East India] company are at full liberty to put up a Light House there, or any spot deemed eligible".[23] Three days later, on 28 November, the Governor wrote to the Secretary of the Government in India to recommend that the lighthouse be sited on Peak Rock. Among other things, he said that "[t]his Rock is part of the Territories of the Rajah of Johore, who with the Tamongong ... have willingly consented to cede it gratuitously to the East India Company", and enclosed the replies received from the Sultan and Temenggung.[23] Although this was apparently the Governor's understanding of the situation, he did not communicate it to the Sultan and Temenggung.[24] It is unclear whether the correspondence was limited to Peak Rock or extended to other potential sites for the lighthouse such as Pedra Branca, and whether the sovereignty of Johor over any place chosen for the lighthouse was ceded to the British Government or only a permission to build, maintain and operate a lighthouse was granted.[25]

A sketch by Thomson showing Chinese stonecutters from the "Kay tribe" (that is, of Hakka origin) at work in a quarry on Pulau Ubin, an island off the northeast coast of Singapore, which supplied granite for the lighthouse on Pedra Branca.[26]

On 22 August 1845, Governor Butterworth wrote again to the Government of India, indicating he trusted that construction of the lighthouse on Peak Rock would begin soon "as a light in that quarters is becoming daily of more paramount importance".[27] Between 1824 and 1851, at least 16 sizeable vessels were wrecked in the vicinity of Pedra Branca and Point Romania (on the Johor coast).[27][28] However, in April 1846, the Lords of the Admiralty in London informed the Court of Directors of the East India Company they were inclined to think that Pedra Branca was the best point for the lighthouse. John Thomson and Captain S. Congalton, commander of the East India Company's steamer called the Hooghly, carried out surveys in May and August. In a report dated 25 August, they said they were "decidedly of opinion that Pedra Branca is the only proper position for a Light to be placed ... for the safety of Shipping whether entering or departing for the Straits of Singapore ..." The following day, Governor Butterworth wrote to the Government of India stating that the Government "will at once perceive that Pedra Branca is the only true position" for the lighthouse. On 30 October 1846, the President in Council in India approved Pedra Branca as the site for the lighthouse. The East India Company gave its approval on 24 February 1847, and on 10 May of that year the Government of India asked Governor Butterworth to take measures for the construction of the lighthouse.[29] There is no evidence that the authorities in Singapore thought it necessary or desirable to inform the Johor authorities of the decision about the siting of the lighthouse or to seek any consent for its erection.[30]

Although the private subscribers wishing to commemorate Horsburgh had raised a sum which, with compound interest, came up to more than 7,400 Spanish dollars when it was paid over to the Singapore authorities,[31] there was still a shortfall of funds for the building works. Thus, the Government of India, in agreement with the East India Company, authorised Governor Butterworth to prepare a law imposing a duty on vessels entering Singapore and asked him to take immediate measures to begin constructing the lighthouse.[32] The Light Dues Act 1852 was duly enacted by the Governor-General of India in Council on 30 January 1852.[33] Thomson, appointed by the Governor as the architect for the project, took charge of planning and supervising the construction of Horsburgh Lighthouse.[32] Construction work began in late March or early April 1850.[34] On Queen Victoria's birthday, 24 May 1850, the foundation stone was laid at a ceremony conducted by members of the newly founded Masonic Lodge Zetland in the East No. 749 and attended by the Governor, the commander of the Singapore garrison, a rear admiral and several foreign consuls.[35] The construction of the lighthouse then continued till 21 October, and resumed after the monsoon in April 1851. Up to 50 workmen were involved, including Chinese carpenters and stonemasons and their Malay assistants, Indian quarrymen and convict labourers, a cook and his assistant, and six lascars to defend the island from attack by pirates. The pirates of the South China Sea were notorious – during the construction of Horsburgh Lighthouse nine Chinese labourers were killed in pirate raids.[26] Building materials and supplies were brought by the Hooghly, supported by two gunboats and two lighters. Unless he was required elsewhere, Thomson stayed on the island to supervise the works.[36] The ceremonial first lighting of the lamp was arranged for 27 September 1851, again attended by the Governor, Masons of the Zetland Lodge, foreign dignitaries, senior residents of Singapore and other notables; the Singapore Free Press reported: "A simultaneous rising [of the guests from the dinner table] announced that the process of illumination had commenced. Three hearty cheers welcomed the light, the meteor-like brilliancy of which will probably serve to guide the midnight path of the mariner for a thousand years to come."[37] On 15 October the lighthouse was permanently turned on, and Thomson finally departed Pedra Branca for Singapore on the Hooghly on 18 November 1851.[38]

1852 to the 1970s

[edit]

The Light Dues Acts of 1852 and 1854 (India) declared that Horsburgh Lighthouse and its appurtenances were the property of and vested in the East India Company. In 1867, the Straits Settlements, of which Singapore was a part, became a Crown Colony, and by the Straits Settlements Light-Houses Ordinance 1912, the lighthouse was vested in Singapore.[39] After 1912, the duties levied on ships passing through the Singapore Strait were abolished; instead, the costs of the lighthouse were shared by the neighbouring states.[40]

In 1946, following World War II, Singapore became a separate Crown Colony. The other Straits Settlements, Malacca and Penang, joined the Malay states (including Johor) to form the Malayan Union. The latter became the Federation of Malaya in 1948, and the Federation of Malaysia in 1963. On 17 June 1953, the Colonial Secretary of Singapore wrote to the British Adviser to the Sultan of Johor to clarify the status of Pedra Branca. He noted that the rock was outside the limits ceded by Sultan Hussein Shah and the Temenggung with the island of Singapore under the Treaty of Friendship and Alliance of 2 August 1824 they had entered into with the East India Company.[41] However, the Colonial Government had been maintaining the lighthouse built on it, and "[t]his by international usage no doubt confers some rights and obligations on the Colony". He therefore asked if "there is any document showing a lease or grant of the rock or whether it has been ceded by the Government of the State of Johore or in any other way disposed of".[42] The Acting State Secretary of Johor replied on 21 September that "the Johore Government does not claim ownership of Pedra Branca".[43] This correspondence indicated that as of 1953 Johor understood it did not have sovereignty over Pedra Branca, which had therefore vested in the United Kingdom.[44]

The Colony of Singapore became a self-governing state in 1959 and left the British Empire to join the Federation of Malaysia in 1963. Two years later, in 1965, Singapore became a fully independent republic. In 1959, in an official publication regarding meteorological information collected on Pedra Branca, Malaya listed Horsburgh Lighthouse as a "Singapore" station together with the Sultan Shoal and Raffles Lighthouses. The lighthouse on Pedra Branca was described in the same way in a joint Malaysian and Singaporean publication in 1966, the year after Singapore left the Federation. In 1967, when the two countries began reporting meteorological information separately, Malaysia ceased referring to Horsburgh Lighthouse.[45] In maps published by the Malayan and Malaysian Surveyor General and Director of General Mapping in 1962, 1965, 1970, 1974 and 1975, the island was indicated with the word "(SINGAPORE)" or "(SINGAPURA)" under it. The same designation was used for an island that was unquestionably under Singapore's sovereignty. On the other hand, the designation was not used for Pulau Pisang, an island under Malaysian sovereignty on which Singapore operated a lighthouse.[46]

Singapore replaced the original kerosene-fired lamp of Horsburgh Lighthouse with automated navigational lights in the 1970s.[37] In 1972, 1973, 1974 and 1978, the Port of Singapore Authority (PSA) considered the feasibility of carrying out reclamation of about 5,000 square metres (54,000 sq ft) of land around Pedra Branca, but did not go ahead with the project.[47] On 30 May 1977, with the permission of the PSA, the Republic of Singapore Navy installed a military rebroadcast station which it shared with the Republic of Singapore Air Force.[48] Subsequently, the PSA installed a helipad on the eastern half of the island, and a communications tower for its Vessel Traffic Information System[47] for the 900-odd ships that pass daily through the south and middle channels which are the main shipping channels of the eastern part of the Singapore Strait.[49]

1980s to present

[edit]

In the 1980s, Malaysian Marine Police boats entered the waters around Pedra Branca on several occasions. However, both Malaysia and Singapore acted with restraint, the Singapore Navy having been given strict instructions not to escalate matters. In 1989, the then Prime Minister of Malaysia Mahathir Mohamad made an unannounced visit to the vicinity of the island. His boat was intercepted by Singapore naval vessels. To avoid an international incident, he directed his boat to leave.[50]

With effect from 27 June 2002, Pedra Branca was declared a protected area within the meaning of the Protected Areas and Protected Places Act.[51] Consequently, a permit from the Maritime and Port Authority of Singapore is required for access to the island,[52] and unauthorised presence there is a criminal offence.[53] On 6 October 2008, a Singaporean man, Roger Lee, was convicted of illegally landing on Pedra Branca. In court documents, he said he had gone to Batam, Indonesia, in 1998. He later married and started a family with an Indonesian woman, but she left him in 2007 due to his unstable income and inability to hold down a job. As he had illegally overstayed in Indonesia and had been cheated of his passport and other personal documents by a friend, Lee hatched a plan to pretend to be a lost fisherman in the hope that the Police Coast Guard would rescue him and take him back to Singapore. On 5 February 2008, he paid a boatman to transport him out to sea in a motorised sampan. As he did not see any coast guard or navy patrols he disembarked on Pedra Branca and was arrested by staff stationed there. Lee pleaded guilty to illegally entering Singapore via an unauthorised landing place. A second charge of being found in a protected place without permission was taken into consideration for sentencing purposes. In mitigation, Lee's pro bono lawyer said that there was no sign on Pedra Branca's warning against trespassing on the island. Lee was sentenced to six weeks' imprisonment.[54]

Speaking at the Singapore Energy Conference on 4 November 2008, Minister Mentor Lee Kuan Yew mentioned that the Singapore Government had considered reclaiming land and building a nuclear power plant on Pedra Branca. Such a plant could not be built on the main island of Singapore as international standards require a safety zone of 30 kilometres (19 mi) around the plant. However, it was recognised that this was probably not feasible as Pedra Branca is less than 30 kilometres from the Malaysian coast.[55]

On 5 July 2021, the Singapore Government announced plans to proceed with reclamation around Pedra Branca to improve maritime safety, and search and rescue (SAR) efforts in the surrounding waters.[2] The works, scheduled to begin at the end of 2021, would expand Pedra Branca to 7 hectares from the existing 0.86 hectares today, and be carried out by the Housing and Development Board, a statutory board of the Ministry of National Development.[56] New facilities planned for the island include berthing areas for ships to dock and logistical, administrative and communications buildings.[57]

Territorial dispute

[edit]
Main article: Pedra Branca dispute

International Court of Justice case

[edit]
The Peace Palace in The Hague, Netherlands, the seat of the International Court of Justice

On 21 December 1979, the Director of National Mapping of Malaysia published a map entitled Territorial Waters and Continental Shelf Boundaries of Malaysia showing Pedra Branca to be within its territorial waters. Singapore rejected this claim in a diplomatic note of 14 February 1980 and asked for the map to be corrected. The dispute was not resolved by an exchange of correspondence and intergovernmental talks in 1993 and 1994. In the first round of talks in February 1993 the issue of sovereignty over Middle Rocks and South Ledge was also raised. Malaysia and Singapore, therefore, agreed to submit the dispute to the International Court of Justice (ICJ), signing a Special Agreement for this purpose in February 2003 and notifying the Court of it in July 2003.[58] The case was heard at the Peace Palace in The Hague between 6 and 23 November 2007.[59]

The ICJ delivered its judgment on 23 May 2008. It held that although Pedra Branca had originally been under the sovereignty of Johor, the conduct of Singapore and its predecessors à titre de souverain (with the title of a sovereign) and the failure of Malaysia and its predecessors to respond to such conduct showed that by 1980, when the dispute between the parties arose, sovereignty over the island had passed to Singapore. The relevant conduct on the part of Singapore and its predecessors included investigating marine accidents in the vicinity of the island, planning land reclamation works, installing naval communications equipment, and requiring Malaysian officials wishing to visit the island to obtain permits. In contrast, Johor and its successors had taken no action with respect to the island from June 1850 for a century or more. In 1953 the Acting Secretary of the State of Johor had stated that Johor did not claim ownership of Pedra Branca. All visits made to the island had been with Singapore's express permission, and maps published by Malaysia in the 1960s and 1970s indicated that it recognised Singapore's sovereignty over Pedra Branca.[60][61]

Like Pedra Branca, the Sultan of Johor held the original ancient title to Middle Rocks. As Singapore had not exercised any rights as a sovereign over Middle Rocks, the ICJ determined that Malaysia retained sovereignty over this maritime feature.[62] As for South Ledge, the ICJ noted that it fell within the apparently overlapping territorial waters of mainland Malaysia, Pedra Branca and Middle Rocks. As the Court had not been mandated to draw the line of delimitation with respect to the territorial waters of Malaysia and Singapore in the area in question, it simply held that sovereignty over South Ledge belonged to the state which owned the territorial waters in which it is located.[63]

Reactions to ICJ decision

[edit]

Although both Malaysia and Singapore had agreed to respect and accept the ICJ's decision,[64] Malaysian Foreign Minister Rais Yatim later said his country had renewed its search for the letters written by Governor Butterworth to the Sultan and Temenggung of Johor seeking permission to build Horsburgh Lighthouse on Pedra Branca. He noted that the rules of the ICJ allowed a case to be reviewed within ten years if new evidence was adduced.[65] In response, Singapore's Law Minister K. Shanmugam said that the city-state would wait to see what new evidence the Malaysian government could come up with.[66]

A week after the delivery of the ICJ's judgment, the Foreign Ministry of Malaysia asked the Malaysian media to cease using the Malay word Pulau ("Island") for Pedra Branca and to refer to it as "Batu Puteh" or "Pedra Branca".[67] On 21 July 2008, in response to questions from Singapore Members of Parliament about Pedra Branca, the Senior Minister of State for Foreign Affairs Balaji Sadasivan stated that the maritime territory around the island included a territorial sea of up to 12 nautical miles (22 km; 14 mi) and an Exclusive Economic Zone. This was condemned by Malaysia's Foreign Minister Rais Yatim as "against the spirit of Asean and the legal structure" as the claim was "unacceptable and unreasonable and contradicts the principles of international law".[68] In response, a Singapore Ministry of Foreign Affairs spokesman said that Singapore first stated its claim to a territorial sea and Exclusive Economic Zone on 15 September 1980, and reiterated this claim on 23 May 2008 following the ICJ's judgment. Both statements had made clear that if the limits of Singapore's territorial sea or Exclusive Economic Zone overlapped with the claims of neighbouring countries, Singapore would negotiate with those countries to arrive at agreed delimitations in accordance with international law.[69] In August 2008, Rais said Malaysia took the view that Singapore was not entitled to claim an Exclusive Economic Zone around Pedra Branca as it considered that the maritime feature did not meet internationally recognised criteria for an island, that is, land inhabited by humans that had economic activity.[5]

At the National Day Awards in August 2008, Singapore announced that awards would be conferred on a number of people and organisations for their special contributions towards the Pedra Branca case. Chief Justice Chan Sek Keong; Tommy Koh, Ambassador-at-Large; and Justice Chao Hick Tin, then Attorney-General of Singapore, who appeared as counsel and advocates for Singapore, would respectively be awarded the Darjah Utama Temasek (Order of Temasek) (Second Class), the Darjah Utama Nila Utama (Order of Nila Utama) (First Class), and the Darjah Utama Bakti Cemerlang (Distinguished Service Order). The Pingat Jasa Gemilang (Meritorius Service Medal) would be conferred on Sivakant Tiwari s/o Thakurprasad Tiwari, Special Consultant to the International Affairs Division of the Attorney-General's Chambers. Twenty-two people from the Attorney-General's Chambers, Maritime and Port Authority of Singapore, Ministry of Defence, Ministry of Foreign Affairs, National Archives of Singapore, National Library Board, National University of Singapore and Supreme Court of Singapore would receive the Pingat Pentadbiran Awam (Public Administration Medal), the Pingat Kepujian (Commendation Medal) and the Pingat Berkebolehan (Efficiency Medal). The President's Certificate of Commendation would be issued to the Coastal Command (COSCOM), Republic of Singapore Navy; the Police Coast Guard, Singapore Police Force; the Centre for Heritage Services, Ministry of Defence; the National Archives of Singapore; and the Hydrographic Department, Maritime and Port Authority of Singapore.[70] The awards were presented on 17 November 2008.[71]

Resolution of outstanding issues

[edit]

Malaysia and Singapore have established what they have named the Joint Technical Committee to delimit the maritime boundary in the area around Pedra Branca and Middle Rocks and to determine the ownership of South Ledge.[72] Following a meeting on 3 June 2008, the Committee agreed that a technical sub-committee would be established to oversee the conduct of joint survey works to prepare the way for talks on maritime issues in and around the area. If any incident occurred in and around the waters of Pedra Branca, Middle Rocks and South Ledge, either side would provide humanitarian assistance to the vessels involved. Finally, both Malaysian and Singaporean fishermen could continue traditional fishing activities in those waters.[73] In September 2008, the Joint Technical Committee reported that its Sub-Committee on Joint Survey Works was finalising technical preparations for a hydrographic survey that would provide data for future delimitation discussions. A Sub-Committee on Maritime and Airspace Management and Fisheries had also been formed, and after a meeting on 20 August 2008 it decided that traditional fishing activities by both countries should continue in waters beyond 0.5 nautical miles (0.9 km; 0.6 mi) off Pedra Branca, Middle Rocks and South Ledge.[74] In October 2023, at the 10th Singapore-Malaysia Leaders' Retreat, Singapore's then-Prime Minister Lee Hsien Loong and Malaysia's Prime Minister Dato’ Seri Anwar Ibrahim released a joint statement saying that they looked forward to the resolution of the outstanding bilateral maritime boundary delimitation issues.[75] The offices have yet to release the results of any follow-ups.

Malaysian application for review and withdrawal

[edit]

On 2 February 2017, Malaysia applied to the ICJ pursuant to Article 61 of the Statute of the ICJ for the revision of the 2008 judgment[76] on the basis of three documents it had obtained from The National Archives of the UK between August 2016 and January 2017. The documents were internal correspondence of Singapore's colonial government in 1958, an incident report submitted by a British naval officer in the same year, and a 1960s map of naval operations bearing annotations. The Malaysian Government said that these documents indicated that "officials at the highest levels in the British colonial and Singaporean administration appreciated that Pedra Branca/Pulau Batu Puteh did not form part of Singapore's sovereign territory" during the relevant period.[77] However, according to Shahriman Lockman, a senior analyst at Malaysia's Institute of Strategic and International Studies, "there's very little precedent for revisions to ICJ judgments". Reports suggest that the timing of the application coincides with the upcoming elections in Malaysia, as the ruling Barisan Nasional Coalition, which is currently under pressure over the IMDb scandal, could "use the renewed legal fight over Pedra Branca as a means to show it was 'best placed to display strong leadership in the country's foreign policy so as to safeguard Malaysia's sovereignty'".[78]

Singapore's Foreign Ministry said that a team including Attorney-General Lucien Wong, and Chan Sek Keong, S. Jayakumar and Tommy Koh (who had represented Singapore at the original ICJ hearing), had been appointed to study and respond to the claim. On 5 February 2017, Law and Home Affairs Minister K. Shanmugam commented that on a cursory examination of the documents without detailed legal advice, he did not see how the documents would make any difference to the ICJ's judgment.[79]

On 30 Jun 2017, Malaysia applied to the ICJ to request an interpretation of the ICJ's 2008 judgment. This application is "separate and autonomous" from the 2 Feb application for the revision of the same judgment. The application invokes Article 60 of the Statute of the Court and Article 98 of the Rules of the Court.[80][81] According to Malaysian Attorney-General Mohamed Apandi Ali, Malaysia and Singapore set up a Joint Technical Committee (JTC) for the implementation of the 2008 ICJ judgment. According to Malaysia, the JTC reached an impasse in November 2013, as both parties had been unable to agree over the meaning of the 2008 judgement as it concerns the South Ledge and the waters surrounding Pedra Branca.[82] Explaining Malaysia's position, Malaysian Attorney-General Apandi said: "Malaysia considers that it is necessary to request an interpretation of the 2008 judgement from the ICJ as it would serve as a basis for the maintenance of orderly and peaceful relations between the parties in the management of their respective maritime zones and airspace in the future".[83]

Singapore's Ministry of Foreign Affairs (MFA) noted in a press statement that ICJ's judgement was "final and without appeal", as well as "clear and unambiguous". As a result, MFA said: "Malaysia's request for the ICJ to interpret the judgement is puzzling. Singapore will therefore oppose Malaysia's application for interpretation, which we consider to be both unnecessary and without merit".[84]

On 28 May 2018, the Malaysian government withdrew both its applications for revision and interpretation of the 2008 judgment, a move which was welcomed by Singapore's MFA, thereby discontinuing both cases before ICJ.[85][86] Furthermore, the Statute of the International Court of Justice only allows an application for revision to be made within 10 years after the 23 May 2008 judgement, which means further applications for revision are no longer possible.[87] On 25 June 2019, Malaysia's Prime Minister Mahathir Mohamad reiterated Malaysia's acceptance of the ruling, citing it as an example of how ASEAN member states have worked together based on mutual respect.[88]

Politics

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In 2019, Pedra Branca was added to the East Coast Group Representation Constituency (GRC) in the Parliament of Singapore for the 2020 general election. At the 2025 general election, it was placed under Pasir Ris–Changi GRC.

See also

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Notes

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References

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Further reading

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Revisions and contributorsEdit on WikipediaRead on Wikipedia

Pedra Branca, Singapore

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Pedra Branca, also known as Pulau Batu Puteh, is a small island situated at the eastern entrance of the , approximately 24 nautical miles east of mainland Singapore, measuring 137 metres in length with an average width of 60 metres for a total area of 0.86 hectares at low tide. The island consists of light grey rock encrusted with corals below sea level and appears white due to . It has served as the site of the Horsburgh Lighthouse since 1851, marking a hazardous navigational point for maritime traffic entering the strait from the . The island's sovereignty was disputed between and , stemming from historical claims tracing back to the Sultanate of , but resolved by the in 2008, which awarded Pedra Branca to Singapore on the basis of Singapore's continuous and exclusive administration, including the construction and maintenance of the lighthouse by British and later Singapore authorities without effective protest from Malaysia until 1980. The ICJ simultaneously granted Middle Rocks to Malaysia and determined that sovereignty over South Ledge would follow the territorial sea of the relevant state. This ruling underscored the principle of effectivités in territorial disputes, where actual exercise of authority prevailed over dormant original title. Today, Pedra Branca remains uninhabited except for lighthouse operations and hosts limited installations maintained by Singapore.

Etymology

Name Origins and Usage

The name "Pedra Branca," translating to "white rock" in Portuguese, derives from the islet's prominent whitish appearance due to guano deposits from seabirds, as noted by early European mariners. This designation first appears in nautical records from Portuguese explorer Emanuel Godinho de Erédia's 1604 surveys and maps of the region, marking one of the earliest documented references to the feature in Western cartography. In Malay, the equivalent name "Pulau Batu Puteh" means "white stone island" and similarly alludes to the guano-covered , reflecting its visibility as a navigational . Historical usage of this term appears in regional maritime descriptions linked to the , with evidence in 18th-century maps and documents depicting the strait. British colonial hydrographers, including James Horsburgh in his early 19th-century surveys of the , retained the "Pedra Branca" for official charts and records, standardizing it for navigational purposes amid increasing European shipping traffic. This adoption persisted in correspondence and lighthouse planning documents from the 1840s onward.

Geography

Location and Physical Description

Pedra Branca is situated at coordinates 1°19′48″N 104°24′27″E, approximately 24 nautical miles (44 km) east of Singapore's mainland coast, marking the eastern entrance to the where it adjoins the . The feature consists of a measuring 137 meters in length, with an average width of 60 meters, encompassing a total area of 0.86 hectares (8,560 square meters) at low tide. Exposed to intense tidal currents and seasonal monsoons in hazardous waters, the islet features steep cliffs and minimal vegetation, with no natural freshwater sources, rendering it unsuitable for habitation without engineered interventions.

Associated Maritime Features

Middle Rocks comprises two clusters of small rocks situated approximately 0.6 nautical miles (1.1 km) south of Pedra Branca. These granite outcrops, separated by about 250 meters of open water, remain permanently above the high tide level. South Ledge is a low-tide elevation located 2.2 nautical miles south-southwest of Pedra Branca. This reef feature, visible only during low tide, becomes fully submerged at high tide. These formations are positioned at the eastern entrance of the Singapore Strait, one of the world's busiest shipping lanes, with over 100,000 vessels transiting annually.

Horsburgh Lighthouse

Construction and Technical Specifications

The Horsburgh Lighthouse was designed by Scottish civil engineer and surveyor John Turnbull Thomson, who served as the Government Surveyor of , and constructed between 1850 and 1851 on Pedra Branca island at the eastern entrance to the . The project was commissioned under the auspices of the Straits Settlements government, affiliated with the , to enhance navigational safety amid frequent shipwrecks in the area. Construction relied heavily on convict labor transported from , including Indian convicts employed as stone cutters, blasters, and general laborers to quarry locally and assemble the structure on the exposed outcrop. The lighthouse features a robust masonry tower built from dressed granite blocks, rising approximately 34 meters in height, with its light elevated to provide visibility over 20 nautical miles under clear conditions. Initially equipped with a fixed white catadioptric light system using parabolic reflectors and oil lamps, the apparatus was later upgraded in 1887 with a holophotal lens manufactured by Chance Brothers of Birmingham, England, improving efficiency and range to 18-26 nautical miles. The total construction cost amounted to about 23,665 Spanish dollars, funded in part by contributions from merchants, ship captains, and officers concerned with maritime trade safety. Technical enhancements in the late included in 1988, converting to solar-powered operation with low-power LED lamps controlled by photocells, eliminating the need for on-site keepers while maintaining reliability in the structure's durable form capable of withstanding severe tropical storms.

Operational History and Maintenance

The Horsburgh Lighthouse has operated continuously since its activation on 15 September 1851, initially staffed by British lighthouse keepers who resided on Pedra Branca to maintain the oil-fired lamp and monitor its fixed white light visible for up to 22 nautical miles. Responsibility for operations transferred to Singapore upon independence in 1965, with the Singapore Light Dues Board overseeing upkeep as documented in its 1966 historical publication on the lighthouse. Keepers continued manning the station until automation in the 1970s, after which remote monitoring systems were introduced to track light performance and structural integrity. Maintenance has involved periodic upgrades to enhance reliability, including the installation of a new optic in 1887 that enabled a flashing light every ten seconds and a shift to vaporized burners in 1930, boosting intensity from 103,000 to over 500,000 candelas. The Maritime and Port Authority of Singapore (MPA), established in 1996, now handles routine inspections, repairs to and metalwork, and preservation efforts against environmental degradation such as corrosion from saltwater exposure. Operational incidents remain rare, with the lighthouse's beam credited for preventing wrecks in the vicinity where at least 16 vessels grounded between 1824 and 1851 prior to its construction; post-activation records show no major failures or prolonged outages in maritime logs maintained by authorities. The MPA employs remote diagnostics and periodic on-site visits to ensure uninterrupted service, reflecting consistent administrative oversight without documented lapses in functionality. The Horsburgh Lighthouse functions as a vital navigational marking the eastern entrance to the , alerting vessels to submerged rocks and reefs that pose significant hazards. Its fixed white light, with a range of up to 37 kilometers, provides a reliable visual for mariners, enabling safer transit through narrow channels and reducing the incidence of groundings and collisions in this congested waterway. This accommodates roughly 30% of global maritime trade, underscoring the lighthouse's indispensable role in supporting the flow of commercial shipping amid dense traffic volumes that include thousands of vessels annually. By delineating safe eastern approach routes, it bolsters the operational security of Singapore's facilities, which achieved a record throughput exceeding 40 million twenty-foot equivalent units (TEUs) in 2024. Beyond its practical utility, the lighthouse embodies the prowess of British colonial infrastructure and Singapore's foundational maritime legacy as Southeast Asia's inaugural modern lighthouse. Singapore Post featured it on definitive stamps in 1982 as part of a lighthouses series, affirming its status as a of navigational heritage and resilience.

Historical Background

Pre-19th Century Context

Pedra Branca, a small granite outcrop rising to about 10 meters above sea level, remained entirely uninhabited prior to the 19th century, lacking any evidence of settlements, agriculture, or resource extraction. The feature's barren and exposed nature, surrounded by hazardous reefs, rendered it unsuitable for sustained human activity, with historical accounts noting shipwrecks dating to Portuguese mariners in the 1500s but no indigenous use. The rock fell within the loose maritime sphere of the , which formed in the early after the 1511 conquest of , controlling straits trade routes but exerting primarily nominal influence over peripheral islets. No archival documents from records detail patrols, toll collections, or other administrative measures specifically targeting Pedra Branca, indicating an absence of effective control despite broader regional claims. Portuguese and Dutch nautical charts from the , such as those by Hessel Gerritsz around , depicted Pedra Branca as an isolated navigational hazard without territorial markings or attributions to local polities, reflecting its practical status as unclaimed amid contested seas. This cartographic treatment, prioritizing maritime dangers over , aligns with the empirical reality of non-exercised , where the rock's remoteness precluded the causal exercise of necessary for substantiated title.

British Colonial Period and Lighthouse Establishment

In 1844, British colonial authorities in Singapore, responding to navigational surveys that underscored the hazards posed by Pedra Branca to shipping in the Singapore Strait, inquired of the Johor authorities whether the islet fell within their sovereignty; the Temenggong of Johor replied that it did not. Captain James Horsburgh, the East India Company's hydrographer, had earlier advocated for a lighthouse there based on his charting of regional waters, noting its strategic position amid frequent wrecks. This assessment aligned with broader British efforts to secure maritime routes following the establishment of Singapore as a free port in 1819. In March 1850, the British sought and obtained explicit permission from the to construct and maintain a lighthouse on Pedra Branca, with no indication of prior exclusive territorial claim by Johor beyond this grant. Construction commenced in 1847 under the direction of engineer John Turnbull Thomson, utilizing granite masonry shipped from granite quarries, and proceeded without objection from Johor despite the islet's visibility from the mainland; the structure reached 108 feet in height with a fixed white light visible for 18-20 nautical miles, becoming operational on 15 October 1851. The , named in honor of Horsburgh, marked the first such facility in and was administered directly from . From the 1850s onward, British Admiralty charts and official maps consistently depicted Pedra Branca with the Horsburgh under colonial jurisdiction, reflecting de facto control through routine maintenance, supply patrols by colonial vessels, and enforcement against unauthorized activities. Following the 1867 transfer of administrative responsibilities to the Straits Settlements government in , this oversight continued uninterrupted, with lighthouse keepers appointed and funded by colonial authorities, solidifying practical authority over the . No Johor assertions of control or protests were recorded during this period of exclusive British operation.

Post-Independence Era up to 1970s

Upon Singapore's attainment of independence from on 9 1965, the new republic continued the exclusive administration of Pedra Branca and the Horsburgh Lighthouse, inheriting responsibilities previously held by colonial authorities without Malaysian objection or interference. Singapore's Maritime and Port Authority predecessor entities managed operational upkeep, including routine inspections, repairs to the lighthouse structure, and supply provisioning for keepers, asserting effective control as a core state function for maritime navigation in the . In 1969, Malaysia's and Act extended its territorial sea to 12 nautical miles, a limit that would have included Pedra Branca (located approximately 7.7 nautical miles from Malaysia's coast) had resided there; yet Malaysia lodged no against Singapore's ongoing presence and instead maintained official maps labeling the island and as under Singaporean jurisdiction, thereby affirming the status quo through . This legislative development prompted no Malaysian assertion of title, underscoring the absence of competing occupation during the period. Throughout the 1960s and 1970s, Singapore invested in navigational enhancements on Pedra Branca, such as reinforcing equipment and integrating it into national vessel traffic systems, while conducting unchallenged hydrographic surveys and enforcement patrols in surrounding waters; these actions demonstrated causal continuity in via tangible state authority, unmarred by Malaysian countermeasures. exercised no administrative acts, patrols, or resource extraction on the island, evidencing a lack of effective control and reinforcing Singapore's governance as the operative reality.

Sovereignty Claims and Dispute

Pre-Dispute Claims: Malaysian Historical Title vs. Singaporean Effective Control

Malaysia asserted original title to Pedra Branca (known as Pulau Batu Puteh in Malay) deriving from the Johor Sultanate, which exercised sovereignty over the islands and waters of the eastern Singapore Strait since its founding around 1528 as successor to the Malacca Sultanate. This historical title was said to persist through colonial arrangements, including the 1824 Anglo-Dutch Treaty, which delineated British and Dutch spheres of influence in the region without altering Johor's underlying territorial rights over Pedra Branca, located within the British sphere. In November 1844, responding to British Governor Butterworth's inquiry about constructing a lighthouse near Pedra Branca, the Sultan and Temenggong of Johor stated they possessed no knowledge of the islet but lodged no objection to British plans, interpreting this as acquiescence to colonial administrative acts without ceding sovereignty. Singapore's counter-claim emphasized continuous and exclusive effective control (effectivités) established by the British colonial authorities of Settlements, beginning with the construction of Horsburgh on Pedra Branca from March 1850 to September 1851 to aid navigation through hazardous reefs. Singapore inherited and maintained this administration post-independence, including routine surveys, maintenance visits, installation of meteorological and communications equipment, and regulatory measures such as restricting access and enforcing lighthouse operations under its . Over 130 years from 1851 to the late 1970s, neither Johor nor its successor registered any formal protest against these acts, with Malaysian correspondence in the even deferring to British on the islet's status; this prolonged silence was presented as tacit recognition of Singapore's , crystallized by the absence of competing claims prior to Malaysia's 1979 map enclosure.

Emergence of Modern Dispute in 1980

In December 1979, Malaysia published a map entitled Peta Menunjukkan Sempadan Air Teritorial dan Batas Galangan Benua depicting Pedra Branca (known as Pulau Batu Puteh to Malaysia) as lying within its territorial waters. On 14 February 1980, Singapore delivered a diplomatic note to Malaysia protesting the map's inclusion of the island, rejecting the claim to sovereignty, and requesting its correction to reflect Singapore's position. This exchange formalized the onset of the contemporary dispute, with Singapore asserting title based on its administration of the Horsburgh Lighthouse on the island since its construction in 1851. Throughout the 1980s and 1990s, diplomatic correspondence between the two governments continued, with upholding its sovereignty claim on grounds of historical title derived from the pre-colonial Sultanate of and subsequent inheritance. countered by emphasizing its continuous effective control over Pedra Branca, including maintenance of and issuance of navigational notices, and invoked a 21 1953 letter from Acting State Secretary to Colonial Secretary stating that "this Government [Johor] has no intention of raising any objection" to British plans for the lighthouse site, implying no prior claim by Johor. Efforts at bilateral resolution, including talks initiated in the , yielded no agreement, as the parties maintained divergent interpretations of historical evidence and administrative acts. The impasse persisted until 6 February 2003, when and signed a Special Agreement to submit the sovereignty question—encompassing Pedra Branca, Middle Rocks, and South Ledge—to the for adjudication.

International Court of Justice Proceedings and Arguments

Malaysia and Singapore signed a special agreement on 23 February 2003 submitting their territorial dispute over Pedra Branca/Pulau Batu Puteh, Middle Rocks, and South Ledge to the International Court of Justice for adjudication. The agreement stipulated that the ICJ would determine sovereignty over Pedra Branca/Pulau Batu Puteh and, if necessary, address related rights or interests in Middle Rocks and South Ledge. Written pleadings were filed by both parties between 2004 and 2006, followed by public oral hearings held at the Peace Palace in The Hague from 6 to 29 November 2007. During the proceedings, both sides presented extensive historical evidence, including colonial-era maps, , and navigational records. Key documents included 19th-century British surveys and the 1953 exchange of letters between Singapore's colonial authorities and Johor's Acting State Secretary, in which Johor disclaimed sovereignty over Pedra Branca. Witness testimonies from former officials and experts were also submitted to elucidate the exercise of authority and historical titles. Singapore argued that sovereignty resided with it due to a continuous and peaceful display of State authority over Pedra Branca since the British established the Horsburgh Lighthouse in 1851, encompassing regulatory control over visits, maintenance, and search-and-rescue operations. It contended that , as Johor's successor, had knowledge of these acts but failed to protest, thereby acquiescing to Singapore's sovereignty through prolonged inaction. Malaysia maintained that it held original title to Pedra Branca as the successor to the Sultanate of , which had never ceded the island to Britain or any other entity. It asserted that the lighthouse's construction was a licensed administrative act permitted by for navigational purposes, not an assertion of territorial , and criticized British efforts as an illegitimate "creeping " unsupported by valid title. Malaysia further highlighted its own historical activities, such as fishing rights and naval patrols in surrounding waters, to reinforce its claim to original .

International Court of Justice Judgment

Key Findings on Sovereignty

The (ICJ) determined in its 23 May 2008 judgment that sovereignty over Pedra Branca/Pulau Batu Puteh belongs to . The Court recognized that the Sultanate of Johor, predecessor to , held an original title to the islet, traceable to historical control over the surrounding region prior to British colonial involvement. However, this title was inchoate and progressively displaced by Singapore's continuous and uncontested displays of authority (effectivités), commencing with the construction of Horsburgh Lighthouse in 1850 under British administration and extending through Singapore's post-independence management. The identified 14 February 1980 as the critical date for evaluating claims, marking the of the dispute via Singapore's diplomatic against Malaysia's 1979 enclosing the . From the lighthouse's establishment onward, (and previously the on its behalf) exercised sovereign functions, including navigational regulation, meteorological observations, marine investigations (such as the 1977 oil spill response and 1978 shipwreck inquiries), and restriction of access, without meaningful from Johor or until 1980. Post-critical date, Malaysia performed no acts of on Pedra Branca, while maintained administrative control, including installation of equipment and of permits. These effectivités, conducted à titre de souverain, outweighed Malaysia's historical title, as the emphasized that "long-continued and avowed" possession can generate even absent formal title transfer. Supporting evidence included the 1844 correspondence, in which Johor authorities disavowed territorial interest in Pedra Branca amid British inquiries for lighthouse construction, signaling no active claim. The 1953 exchange further underscored Johor's disinterest, with its state secretary affirming that "the Johore Government has never laid claim to these rocks," interpreted by the as a renunciation of rather than mere . Singapore's official maps from 1925 onward depicted the under its jurisdiction, often without protest from Malaysian counterparts, reinforcing the effectivités. The ICJ rejected Malaysia's theory that Singapore's occupation was premised on Johor's revocable permission for the lighthouse, finding it inconsistent with the : no explicit grant of mere usage was documented, and Johor's repeated non-claims precluded any ongoing superior title. Malaysia failed to demonstrate post-1850 acts preserving its , such as patrols or assertions, allowing Singapore's administration to consolidate title by 1980. Thus, the concluded that had passed to through these unchallenged sovereign acts, independent of geographical proximity or pre-colonial maps.

Rulings on Middle Rocks and South Ledge

In its judgment dated 23 May 2008, the awarded sovereignty over Middle Rocks to . The Court determined that Singapore had not exercised any administrative control or authority over Middle Rocks, distinguishing it from Pedra Branca where Singapore's long-term maintenance of Horsburgh Lighthouse and related installations demonstrated effective occupation. thus retained sovereignty based on its historical title as the successor to the Sultanate of Johore, with no evidence of or transfer to through conduct. The evidentiary record showed no Singaporean structures, protests against Malaysian assertions, or navigational aids on Middle Rocks, underscoring the feature's separation from Pedra Branca by approximately 0.65 nautical miles and the localized nature of Singapore's activities. For South Ledge, the ruled that would belong to the state entitled to the territorial sea enclosing it, to be resolved through future maritime delimitation between and . As a low-tide elevation visible only at low water and incapable of generating its own territorial sea under Article 60(8) of the United Nations Convention on the Law of the Sea, South Ledge lacked independent claims or historical administration by either party. The absence of above-water features or effective control further meant its status depended on the overlapping maritime zones rather than terrestrial title. The (ICJ) applied a methodological framework rooted in the principle that over territory is established through the continuous and peaceful display of state authority, as articulated in the Island of Palmas , where actual effectivités prevail over an abstract or inchoate title unless the title-holding state actively protests or asserts control. In the Pedra Branca case, the Court weighed Malaysia's claimed historical title—derived from the Sultanate of —against Singapore's extensive effectivités spanning over 150 years, concluding that the latter displaced the former due to Johor's prolonged and lack of sovereign acts on the island. This approach prioritized of administration over historical assertions, requiring proof of "public, continuous, and peaceful" conduct sufficient to demonstrate intent to act as sovereign. The Court examined the 1824 Crawfurd Treaty, which ceded certain territories from to the but ambiguously omitted explicit reference to Pedra Branca/Pulau Batu Puteh; however, contemporaneous correspondence from 1844 revealed Johor's explicit disclaimer of over the island, indicating that Johor itself did not view it as within its domain at the time. From 1851 to 1980, British colonial authorities (later ) constructed and maintained Horsburgh Lighthouse on Pedra Branca without objection from Johor or its successors, including routine inspections, supply missions, and regulatory control over the site, which constituted unchallenged effectivités. Malaysia's failure to protest these acts until 1980—despite awareness through maps, publications, and diplomatic channels—amounted to implicit recognition of 's , as non-opposition over such an extended period undermines any residual title. Malaysia's arguments for retaining title were rebutted by the absence of verifiable sovereign acts on Pedra Branca itself; incidental visits by Malaysian fishermen or naval vessels were deemed insufficient, as they lacked the exclusivity and permanence required to counter Singapore's possession, per precedents like the Minquiers and Ecrehos case. The ICJ dismissed claims of continuous title as abstract, emphasizing that effectivités must be weighed against any title, and here Singapore's administrative monopoly—evidenced by lighthouse operations, search-and-rescue coordination, and exclusion of unauthorized access—demonstrated animus dominandi (intention to possess as ) that Johor never matched or contested effectively. This reasoning underscored that crystallizes through factual control rather than mere inheritance, absent timely assertion.

Post-Judgment Developments

Reactions from Singapore and Malaysia

Singapore's Ministry of Foreign Affairs issued a statement on 23 May 2008 accepting the International Court of Justice's judgment, which awarded sovereignty over Pedra Branca/Pulau Batu Puteh to Singapore while granting Middle Rocks to Malaysia and leaving South Ledge's status dependent on surrounding territorial waters. Although the ruling did not fully align with Singapore's claims over Middle Rocks and South Ledge, the government underscored its respect for the decision as a demonstration of both nations' commitment to international law and judicial resolution of disputes. Singapore affirmed its intention to coordinate implementation measures with Malaysia, maintaining its longstanding effective administration of Pedra Branca, including the presence of the Singapore flag atop Horsburgh Lighthouse. Malaysia's Foreign Minister responded on 23 May 2008 by characterizing the judgment as a "win-win" outcome, noting partial victories for both parties—Malaysia retaining sovereignty over Middle Rocks—and committing to abide by the ruling despite the loss of Pedra Branca/Pulau Batu Puteh. The government formally accepted the decision, aligning with its prior pledge to honor ICJ outcomes under , though Yatim indicated ongoing efforts to locate historical documents potentially clarifying Johor's original title. Domestically, the ruling drew criticism from some quarters, including fishing communities affected by restricted access and opposition figures questioning the government's strategy in submitting the dispute to the ICJ, viewing the partial loss as a strategic misstep. Both governments reaffirmed their dedication to implementing the judgment without delay or enforcement challenges, establishing mechanisms for compliance while preserving bilateral relations. In a joint statement on 25 May 2008, Yatim and his Singaporean counterpart reiterated mutual respect for the ICJ's final and binding authority, emphasizing peaceful adherence as a for regional dispute resolution. No immediate territorial enforcement issues arose, reflecting the absence of prior physical contestation over the features.

Resolution Attempts for Maritime Boundaries

Following the International Court of Justice's 23 May 2008 judgment, Singapore and Malaysia established the Malaysia-Singapore Joint Technical Committee (MSJTC) to implement its rulings, including preparations for maritime boundary delimitation around Pedra Branca, Middle Rocks, and South Ledge. In June 2008, both nations agreed to form a technical sub-committee to conduct joint hydrographic survey works, aimed at verifying the positions and natures of the features to facilitate subsequent boundary talks. The MSJTC held its first meeting in March 2009 and subsequent sessions through the , completing joint surveys that empirically confirmed the geographic coordinates and low-tide elevations of Pedra Branca, Middle Rocks, and South Ledge by around 2010. These surveys provided baseline data for delimitation but did not resolve interpretive disputes, particularly over South Ledge's status as a low-tide elevation whose sovereignty depends on whether it lies within measured from baselines. Negotiations via an sub-committee on boundary delimitation stalled during the , primarily due to disagreements on South Ledge's entitlements and Singapore's proposed use of low-tide baselines for calculating its territorial sea, which Malaysia contested as incompatible with the UN Convention on the . In December 2016, during a leaders' retreat in , both sides committed to accelerating implementation, leading to a framework for pursuing a single encompassing the overlapping claims around the awarded features. Despite this, technical disputes persisted into the late 2010s, with the sub-committee on maritime boundary delimitation only commencing formal negotiations in January 2020, as agreed at the MSJTC's eighth meeting. Progress remained limited, centered on reconciling survey data with differing legal interpretations of baselines and South Ledge's position relative to territorial sea limits.

Malaysian Application for Review and Subsequent Withdrawal

On 2 February 2017, Malaysia filed an application with the (ICJ) seeking revision of its 23 May 2008 judgment on sovereignty over Pedra Branca/Pulau Batu Puteh, pursuant to Article 61 of the ICJ Statute, which permits revision on the basis of a new decisive fact unknown and undiscoverable earlier through . The application centered on declassified British archival documents from 1953, including correspondence where British colonial authorities in internally assessed that sovereignty over Pedra Branca rested with prior to inquiries about installing navigational aids there. Malaysia argued these materials constituted a "new fact" capable of upsetting the 2008 findings on effectivités and title, as they predated Johor's 1953 disclaimer letter to and suggested Johor's original title had not been relinquished. Singapore contested the application's admissibility, asserting the 1953 correspondence was not genuinely new, as key elements—including the Acting State Secretary's 21 September 1953 letter—had been publicly available and referenced during the original proceedings, failing Article 61's strict criteria for novelty and decisiveness. The ICJ had not yet ruled on admissibility when proceedings halted, but legal analyses noted the high bar for revision in territorial disputes, where must demonstrably alter the balance of evidence beyond what was previously adduced. In parallel, on 30 June 2017, requested ICJ interpretation of the judgment's delimitation of South Ledge, seeking clarification on its status beyond . notified the ICJ on 28 May 2018 of its intent to discontinue both the revision application and interpretation request, shortly after Mahathir Mohamad's coalition assumed power following the 9 May general election. The withdrawal was attributed to the substantial costs of prolonged ICJ litigation—estimated in the millions—and a strategic shift toward bilateral talks with for resolution, avoiding further judicial entanglement. , informed in advance, expressed no opposition to the discontinuance, viewing it as consistent with respecting the outcome. The ICJ recorded the discontinuance by mutual agreement on 29 May 2018 via order, closing the cases without substantive review or alteration to the 2008 . This preserved Singapore's sovereignty over Pedra Branca and precluded future revision applications under Article 61's ten-year limit from the original date.

Recent Developments and Current Status

2018-2022: Suspension of Claims and Development Halts

On 30 May 2018, the Malaysian government under discontinued its applications to the for revision and interpretation of the 2008 judgment on Pedra Branca , effectively suspending active territorial claims over the . Singapore welcomed the discontinuance, noting it allowed focus on bilateral cooperation without legal escalation, and reaffirmed its commitment to resolving any outstanding issues through diplomatic channels rather than unilateral actions. This mutual de-escalation fostered interim stability in the , with no reported incidents of interference in Singapore's administration of Pedra Branca during the period. Singapore maintained uninterrupted operations of the Horsburgh Lighthouse on Pedra Branca, staffed by its personnel for maritime navigation and safety, as per its longstanding role since British colonial times and post-ICJ affirmation of . In October 2022, amid Malaysian domestic discussions on the 2018 withdrawal, Singapore's reiterated its readiness to defend over Pedra Branca robustly while emphasizing adherence to and bilateral dialogue. In July 2021, announced plans for targeted —approximately seven hectares within its and 0.5 nautical miles of Pedra Branca—to construct facilities enhancing , search-and-rescue operations, and defenses against sea-level rise, with works commencing in September 2021 under the Ministry of National Development. These infrastructural upgrades for agencies like the Maritime and Port Authority proceeded amid the post-2018 calm but reflected measured restraint to avoid provoking sensitivities, prioritizing functional maritime needs over expansive development.

2023-2025: Royal Commission Inquiry and Joint Technical Committee

In February 2023, Singapore suspended its development plans and activities at Pedra Branca following bilateral discussions prompted by Malaysian protests, while continuing maintenance of the Horsburgh by the Maritime and Port Authority (MPA). This halt was described as temporary by , preserving its administrative rights under the 2008 ICJ judgment without conceding sovereignty. In January 2024, the directed the establishment of a of Inquiry (RCI) to examine Malaysia's handling of the , including the 2017 decision under former Prime Minister to withdraw claims over South Ledge and parts of Middle Rocks during ICJ review proceedings. The RCI, declassified in December 2024, recommended criminal investigations against Mahathir for potential cheating under Malaysia's Penal Code, citing the alleged unauthorized abandonment of territorial claims as a betrayal of national interests. 's characterized the RCI as an internal Malaysian process with no bearing on the finality of the ICJ ruling or bilateral negotiations. The Malaysia-Singapore Joint Technical Committee (MSJTC), formed post-2008 to implement the ICJ judgment and delimit boundaries around Pedra Branca, Middle Rocks, and South Ledge, advanced discussions through 2023-2025 without altering sovereignty determinations. In January , Singapore's Foreign Minister confirmed ongoing progress in boundary talks, emphasizing Singapore's continued defense readiness for Pedra Branca while affirming no Malaysian challenges to its . MPA operations, including navigational aids and incident response near Pedra Branca, persisted uninterrupted, underscoring Singapore's control.

Ongoing Administration and Future Prospects

Singapore exercises sovereignty over Pedra Branca, maintaining the Horsburgh Lighthouse as a key at the eastern entrance to the . The Maritime and Port Authority of Singapore (MPA) oversees the lighthouse's operations, ensuring its functionality for maritime traffic management through associated communication facilities. The island hosts a installation and residences for lighthouse keepers, but supports no civilian settlement or permanent population beyond operational personnel. Pedra Branca's administration bolsters Singapore's , providing strategic oversight of shipping lanes vital for global trade routes connecting the to the . This positioning enhances surveillance and response capabilities amid regional maritime challenges, including tensions in adjacent waters. In 2021, Singapore initiated development works on the island to further improve , , and search-and-rescue operations in the vicinity. Future prospects hinge on bilateral efforts to delimit maritime boundaries surrounding Pedra Branca, Middle Rocks, and South Ledge via the Joint Technical Committee established by and . Both nations reaffirmed commitment to resolving these issues during the 11th Leaders' Retreat on January 8, 2025, prioritizing diplomatic channels over judicial revisitation. has critiqued Malaysia's internal inquiries, such as the 2023 , as internal matters that risk undermining the finality of the 2008 ICJ judgment, advocating adherence to established precedents for stable bilateral relations. Finalization of boundaries is anticipated through ongoing technical negotiations, fostering cooperative maritime governance without altering sovereignty determinations.

References

  1. https://www.nlb.gov.sg/main/article-detail?cmsuuid=d2d79b2d-5280-4d55-9cd8-613e3dcb2d09
  2. https://www.mfa.gov.sg/SINGAPORES-FOREIGN-POLICY/Key-Issues/Pedra-Branca
  3. https://www.nlb.gov.sg/main/article-detail?cmsuuid=1905b652-81b5-4a41-accf-609667a1bb16
  4. https://www.icj-cij.org/case/130
  5. https://www.icj-cij.org/node/104752
  6. https://epress.nus.edu.sg/sitereports/samis/content/14.The-Eredia-Maps/
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