Malaysia-Philippines border
Encyclopedia
The Malaysia-Philippines
border is a maritime boundary
located in the South China
, Sulu
and Celebes Sea
s. It separates the Malaysian state of Sabah
, which is on the island of Borneo
, and the Sulu Islands of the southern Philippines.
The boundary
is the result of the division of the Sulu Sultanate
through the cession of its territories to colonial powers. The British gained control of the northeast shores of Borneo, which became known as North Borneo
and subsequently Sabah, while the rest of the Sulu Islands fell under Spanish control and later United States rule. The Philippines still officially claim Sabah
as part of its territory, arguing the validity of the cession by the Sultan of Sulu.
Malaysia and the Philippines are also parties to the multinational claims over the Spratly Islands
and both countries have overlapping claims over some islands of the archipelago.
The historical connections of the people living on both sides of the border has resulted in the border being extremely porous, with a lot of illegal immigration from the Philippines occurring. The porous border has also resulted in several incidents of cross-border raids and kidnapping by armed groups from the Philippines on Malaysian towns and resorts on the east coast of Sabah.
segment has yet to be delimited because it is in the Spratly Islands
area in the South China Sea where the two countries have overlapping claims over the continental shelf and islands.
The Treaty of Paris of 1898
between Spain and the United States defined the territorial waters of the Philippines. Only one portion of the boundary delimited by this treaty is relevant to the common border between the two countries. The relevant stretch lies between the Philippine island of Palawan
and the northern tip of the Malaysian state of Sabah
between turning points 7° 40' N 116° 0' E and 7° 40' N 117° 0' E. Although the British were not parties to this treaty, it has never challenged the extent of Philippine territorial waters after occupying North Borneo
(Sabah today). Malaysia too has not challenged the boundary and had in fact recognised it via its 1979 map which follows this portion of the boundary as the extent of its territorial waters.
The second treaty is the Convention regarding the Boundary between the Philippine Archipelago and the State of North Borneo between the United States and the United Kingdom which was signed at Washington, D.C. on January 2, 1930. The treaty subsequently came into force with the Exchange of Notes on July 6, 1932. The United States was the sovereign ruler of the Philippines at that time after acquiring it from Spain under the 1898 treaty between the US and Spain while the UK was the colonial ruler of North Borneo. The modern states of the Philippines and Malaysia became the successor states of the said treaties. Article I of this treaty establishes the turning points for the defined portion of the maritime border between Malaysia and the Philippines. The convention amended portions of the limits defined by the 1898 treaty to the current alignment of the Malaysia–Philippines border in the Sulu Sea, between point 7° 40' N 117° 0' E and 4° 45' N 120° 0' E.
No common tri-point for Indonesia, Malaysia and the Philippines in the Celebes Sea was established as this treaty did not involve the Netherlands, being the colonial ruler of what is today Indonesia, as a signatory. The three countries have also not negotiated for a common tri-point after their independence. In fact, Indonesia and Malaysia are currently involved in a dispute
resulting from overlapping claims of the continental shelf in the Celebes Sea and negotiations to establish the tripoint seem unlikely for the near future.
area of the South China Sea. China/Taiwan and Vietnam also claim the entire Spratly Islands area as part of their territory and territorial waters while a small portion of the area of overlapping claim by Malaysia and the Philippines is also claimed by Brunei.
's 200 nautical miles (370.4 km) rule. In 1979, it published a territorial sea and continental shelf map depicting its claim over the area.
The Philippines claim results in the boundary claimed by Malaysia above being disputed from midway between Point 53 and Point 54 onwards until Point 66 which is the western starting point of the treaty defined, and thus agreed to, boundary between the two countries.
, is based on discovery and geographical continuity. The territorial waters of the claim was declared by President Ferdinand Marcos in Presidential Decree 1596 on June 11, 1978. The claim was further reinforced in the Philippines Archipelagic Baselines Act (Republic Act No. 9522) signed by President Gloria Macapagal-Arroyo on March 11, 2009.
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
border is a maritime boundary
Maritime boundary
Maritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...
located in the South China
South China Sea
The South China Sea is a marginal sea that is part of the Pacific Ocean, encompassing an area from the Singapore and Malacca Straits to the Strait of Taiwan of around...
, Sulu
Sulu Sea
The Sulu Sea is a body of water in the southwestern area of the Philippines, separated from the South China Sea in the northwest by Palawan and from the Celebes Sea in the southeast by the Sulu Archipelago. Borneo is found to the southwest and Visayas to the northeast.Sulu Sea contains a number of...
and Celebes Sea
Celebes Sea
The Celebes Sea of the western Pacific Ocean is bordered on the north by the Sulu Archipelago and Sulu Sea and Mindanao Island of the Philippines, on the east by the Sangihe Islands chain, on the south by Sulawesi, and on the west by Kalimantan in Indonesia...
s. It separates the Malaysian state of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
, which is on the island of Borneo
Borneo
Borneo is the third largest island in the world and is located north of Java Island, Indonesia, at the geographic centre of Maritime Southeast Asia....
, and the Sulu Islands of the southern Philippines.
The boundary
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
is the result of the division of the Sulu Sultanate
Sulu Sultanate
The Sultanate of Sulu Dar al-IslamSometimes known as the Royal Sultanate of Sulu or Sultanate of Sulu Darul Islam. was an Islamic Tausūgstate that ruled over many of the islands of the Sulu Sea, in the southern Philippines and several places in northern Borneo. The sultanate was founded in 1457...
through the cession of its territories to colonial powers. The British gained control of the northeast shores of Borneo, which became known as North Borneo
North Borneo
North Borneo was a British protectorate under the sovereign North Borneo Chartered Company from 1882 to 1946. After the war it became a crown colony of Great Britain from 1946 to 1963, known in this time as British North Borneo. It is located on the northeastern end of the island of Borneo. It is...
and subsequently Sabah, while the rest of the Sulu Islands fell under Spanish control and later United States rule. The Philippines still officially claim Sabah
Sabah dispute
North Borneo dispute refers to the status of northeastern part of the state of Sabah in Malaysia. Sabah was previously known as North Borneo prior to the formation of the Malaysian federation in 1963...
as part of its territory, arguing the validity of the cession by the Sultan of Sulu.
Malaysia and the Philippines are also parties to the multinational claims over the Spratly Islands
Spratly Islands
The Spratly Islands are a group of more than 750 reefs, islets, atolls, cays and islands in the South China Sea. The archipelago lies off the coasts of the Philippines and Malaysia , about one third of the way from there to southern Vietnam. They comprise less than four square kilometers of land...
and both countries have overlapping claims over some islands of the archipelago.
The historical connections of the people living on both sides of the border has resulted in the border being extremely porous, with a lot of illegal immigration from the Philippines occurring. The porous border has also resulted in several incidents of cross-border raids and kidnapping by armed groups from the Philippines on Malaysian towns and resorts on the east coast of Sabah.
The border and disputes
The Malaysian-Philippine border consists of two segments. The first segment is the portion that has already been delimited through treaty. The second maritimeOcean
An ocean is a major body of saline water, and a principal component of the hydrosphere. Approximately 71% of the Earth's surface is covered by ocean, a continuous body of water that is customarily divided into several principal oceans and smaller seas.More than half of this area is over 3,000...
segment has yet to be delimited because it is in the Spratly Islands
Spratly Islands
The Spratly Islands are a group of more than 750 reefs, islets, atolls, cays and islands in the South China Sea. The archipelago lies off the coasts of the Philippines and Malaysia , about one third of the way from there to southern Vietnam. They comprise less than four square kilometers of land...
area in the South China Sea where the two countries have overlapping claims over the continental shelf and islands.
Treaty defined border
Three treaties defined the territorial extent of the Philippine archipelago, of which two are relevant in terms of determining the boundary between Malaysia and the Philippines. The third treaty concerns the cession of some islands in the Sulu Sea but does not include any boundary determination clauses.The Treaty of Paris of 1898
Treaty of Paris (1898)
The Treaty of Paris of 1898 was signed on December 10, 1898, at the end of the Spanish-American War, and came into effect on April 11, 1899, when the ratifications were exchanged....
between Spain and the United States defined the territorial waters of the Philippines. Only one portion of the boundary delimited by this treaty is relevant to the common border between the two countries. The relevant stretch lies between the Philippine island of Palawan
Palawan
Palawan is an island province of the Philippines located in the MIMAROPA region or Region 4. Its capital is Puerto Princesa City, and it is the largest province in the country in terms of total area of jurisdiction. The islands of Palawan stretch from Mindoro in the northeast to Borneo in the...
and the northern tip of the Malaysian state of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
between turning points 7° 40' N 116° 0' E and 7° 40' N 117° 0' E. Although the British were not parties to this treaty, it has never challenged the extent of Philippine territorial waters after occupying North Borneo
North Borneo
North Borneo was a British protectorate under the sovereign North Borneo Chartered Company from 1882 to 1946. After the war it became a crown colony of Great Britain from 1946 to 1963, known in this time as British North Borneo. It is located on the northeastern end of the island of Borneo. It is...
(Sabah today). Malaysia too has not challenged the boundary and had in fact recognised it via its 1979 map which follows this portion of the boundary as the extent of its territorial waters.
The second treaty is the Convention regarding the Boundary between the Philippine Archipelago and the State of North Borneo between the United States and the United Kingdom which was signed at Washington, D.C. on January 2, 1930. The treaty subsequently came into force with the Exchange of Notes on July 6, 1932. The United States was the sovereign ruler of the Philippines at that time after acquiring it from Spain under the 1898 treaty between the US and Spain while the UK was the colonial ruler of North Borneo. The modern states of the Philippines and Malaysia became the successor states of the said treaties. Article I of this treaty establishes the turning points for the defined portion of the maritime border between Malaysia and the Philippines. The convention amended portions of the limits defined by the 1898 treaty to the current alignment of the Malaysia–Philippines border in the Sulu Sea, between point 7° 40' N 117° 0' E and 4° 45' N 120° 0' E.
No common tri-point for Indonesia, Malaysia and the Philippines in the Celebes Sea was established as this treaty did not involve the Netherlands, being the colonial ruler of what is today Indonesia, as a signatory. The three countries have also not negotiated for a common tri-point after their independence. In fact, Indonesia and Malaysia are currently involved in a dispute
Indonesia-Malaysia border
The border between the Southeast Asian countries of Indonesia and Malaysia consist of both a land border separating the two countries' territories on the island of Borneo as well as maritime boundaries along the length of the Straits of Malacca, in the South China Sea and in the Celebes Sea.The...
resulting from overlapping claims of the continental shelf in the Celebes Sea and negotiations to establish the tripoint seem unlikely for the near future.
| Point | Latitude (N) | Longitude (E) | Remarks | |
|---|---|---|---|---|
| Malaysia-Philippines boundary end and turning points according to 1930 treaty | ||||
| 1 | 4° 45' | 120° 0' | Eastern terminus of boundary defined by 1930 treaty where the amended territorial limits rejoins the limits defined by the 1898 treaty. Malaysia regards this point as outside its jurisdiction | |
| 2 | 4° 23' | 120° 0' | Malaysia's 1979 map regards this as the Indonesia-Malaysia-Philippines tri-point and the actual eastern terminus of the Malaysia–Philippines border | |
| 3 | 4° 23' | 119° 0' | ||
| 4 | 4° 42' | 119° 0' | ||
| 5 | 5° 16' | 119° 35' | ||
| 6 | 6° 0' | 118° 50' | ||
| 7 | 6° 0' | 118° 20' | ||
| 8 | 6° 17' | 117° 58' | ||
| 9 | 6° 52' | 117° 58' | ||
| 10 | 7° 24' 45" | 117° 25' 30" | ||
| 11 | 7° 40' | 117° 0' | The western terminus of the Malaysia-Philippines boundary as per 1930 treaty. Border rejoins the limits defined by 1898 treaty. | |
| Malaysia-Philippines boundary end and turning points according to the 1898 treaty | ||||
| 1 | 7° 40' | 117° 0' | This point is also the western terminus of the Malaysia-Philippines boundary as per 1930 treaty. | |
| 2 | 7° 40' | 116° 0' | Deemed western terminus of delimited Malaysia-Philippines boundary | |
Disputed boundary
Both Malaysia and the Philippines also have overlapping claims over the continental shelf and islands in the Spratly IslandsSpratly Islands
The Spratly Islands are a group of more than 750 reefs, islets, atolls, cays and islands in the South China Sea. The archipelago lies off the coasts of the Philippines and Malaysia , about one third of the way from there to southern Vietnam. They comprise less than four square kilometers of land...
area of the South China Sea. China/Taiwan and Vietnam also claim the entire Spratly Islands area as part of their territory and territorial waters while a small portion of the area of overlapping claim by Malaysia and the Philippines is also claimed by Brunei.
Malaysian claim
Malaysia bases its claim on the United Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
's 200 nautical miles (370.4 km) rule. In 1979, it published a territorial sea and continental shelf map depicting its claim over the area.
| Point | Longtitude (E) | Latitude (N) | Remarks | |
|---|---|---|---|---|
| Malaysia's continental shelf claim in the South China Sea according to the 1979 map | ||||
| 52 | 109° 38'.6 | 6° 18'.2 | Northern terminus of the Indonesia–Malaysia border and eastern terminus of the Indonesia–Vietnam border | |
| 53 | 111° 34' | 7° 027'.75 | ||
| 54 | 112° 30'.75 | 8° 23'.75 | Disputed by the Philippines | |
| 55 | 113° 16'.25 | 8° 44'.42 | Disputed by the Philippines | |
| 56 | 113° 39' | 8° 33'.92 | Disputed by the Philippines | |
| 57 | 113° 47'.75 | 8° 24'.42 | Disputed by the Philippines | |
| 58 | 113° 52'.42 | 8° 24'.43 | Disputed by the Philippines | |
| 59 | 114° 19'.83 | 8° 23'.75 | Disputed by the Philippines | |
| 60 | 114° 29'.17 | 8° 30'.25 | Disputed by the Philippines | |
| 61 | 114° 50'.12 | 8° 28'.17 | Disputed by the Philippines | |
| 62 | 115° 10'.58 | 8° 55' | Disputed by the Philippines | |
| 63 | 115° 8'.75 | 8° 49'.08 | Disputed by the Philippines | |
| 64 | 115° 54'.08 | 8° 19'.92 | Disputed by the Philippines | |
| 65 | 116° 03'.5 | 8° 01'.5 | Disputed by the Philippines | |
| 66 | 116° 00' | 7° 40' | This is the western starting point of the treaty defined boundary between Malaysia and the Philippines | |
The Philippines claim results in the boundary claimed by Malaysia above being disputed from midway between Point 53 and Point 54 onwards until Point 66 which is the western starting point of the treaty defined, and thus agreed to, boundary between the two countries.
Philippines claim
The Philippines' claim in the Spratly Islands area, known as the Kalayaan IslandsKalayaan, Palawan
Kalayaan is a 6th class municipality in the province of Palawan, Philippines. According to the latest census, it has a population of 114 people in 12 households....
, is based on discovery and geographical continuity. The territorial waters of the claim was declared by President Ferdinand Marcos in Presidential Decree 1596 on June 11, 1978. The claim was further reinforced in the Philippines Archipelagic Baselines Act (Republic Act No. 9522) signed by President Gloria Macapagal-Arroyo on March 11, 2009.
| Point | Longtitude (E) | Latitude (N) | Remarks | |
|---|---|---|---|---|
| The Philippines' Kalayaan Islands claim | ||||
| 1 | 118° 00' | 12° 00' | ||
| 2 | 114° 30' | 12° 00' | ||
| 3 | 112° 10' | 8° 00' | ||
| 4 | 112° 10' | 7° 00' | Disputed by Malaysia | |
| 5 | 116° 00' | 7° 40' | Same as the westernmost terminus of treaty defined border between Malaysia and the Philippines; same as Point 66 of Malaysia's 1979 map | |