KUALA LUMPUR: Malaysia must engage in bilateral negotiations with the Philippines to reach a mutual understanding regarding its new maritime laws, which allegedly infringed on Sabah's boundaries.

Universiti Kebangsaan Malaysia's Research Centre for History, Politics and International Affairs expert Dr Aizat Khairi said a diplomatic approach must be prioritised to safeguard Malaysia's territorial integrity.

"Bilateral negotiations with the Philippines could potentially resolve the dispute amicably.

"If these efforts, both bilateral and regional, prove insufficient, Malaysia could consider bringing the dispute before international legal bodies, such as the International Court of Justice, to seek a binding resolution," he said.

Aizat added that Malaysia, as the Asean chairman, could use the platform to act as a neutral mediator to promote dialogue and foster stability in the region, besides ensuring adherence to international law.

"These approaches highlight Malaysia's commitment to resolving territorial disputes through peaceful and diplomatic means.

"This strategy aligns with international norms and regional cooperation frameworks," he said.

Last Thursday, Malaysia sent a protest note to the Philippines regarding its new maritime laws, which were said to encroach on Sabah's maritime boundaries.

Deputy Foreign Minister Datuk Mohamad Alamin recently confirmed that one of the two new Filipino acts had extended beyond Malaysia's 1979 New Map, which was drawn in accordance with international law.

He also said documents related to the act also touched on the Philippines' claim over Sabah.

Defence Minister Datuk Seri Khaled Nordin said Malaysia was committed to defending its territory and sovereignty in response to the passing of the Philippine acts.

He said Malaysia would maintain its presence and implement Maritime Domain Awareness along its maritime borders, in line with international law.

Meanwhile, geostrategist and senior fellow at the Nusantara Academy of Strategic Research, Professor Dr Azmi Hassan, said protest notes like those sent to the Philippines were common in diplomacy, citing similar protests by China against Malaysia's Exclusive Economic Zone (EEZ).

He said while the Philippines' new laws extended into Sabah's waters, they were domestic laws and could not be applied internationally unless ratified by the United Nations Convention on the Law of the Sea (UNCLOS).

He also explained that Malaysia's protest focused on the new baseline the Philippines used to extend its continental shelf beyond its EEZ, which would not likely be accepted under UNCLOS.

"These laws are for the Philippines only and do not apply to us unless recognised by international law," he said.

Azmi, however, said Malaysia could face challenges in finalising the Code of Conduct (CoC) for the South China Sea as Asean chair next year.

He added that the Philippines' new maritime laws could further complicate the situation.

"These overlapping maritime boundary claims can be resolved through diplomatic channels. However, by creating these two new maritime laws, the Philippines has effectively given Beijing an opportunity to delay discussions on the CoC.

"The CoC, which has been under discussion for over 15 years, has been delayed partly due to China's claims, which are not based on international law.

"The Philippines' actions could further hinder progress, even with Malaysia pushing for advancement as Asean chair next year," he said.

https://www.nst.com.my/news/nation/2024/11/1135739/hold-talks-philippines-maritime-disputes-say-experts