North Borneo dispute

645:, a former American governor-general of the Philippines, urged the Philippine government to protest this proclamation. The United States posited the claim on the premise that Spain had never acquired sovereignty over North Borneo, and thus did not have the right to transfer claims of sovereignty over North Borneo to the United Kingdom in the Madrid Protocol of 1885. This argument however, contradicts the treaty made between Spain and the Sultanate of Sulu in 1878, which expressly states that all of the territory of the Sultanate of Sulu is relinquished to Spain. Furthermore, the American view may be based on an erroneous interpretation of that part of the 1878 and the earlier 1836 treaties, that excluded North Borneo from the Sulu transfer to Spanish sovereignty (when in fact the exclusion merely referred to Spanish protection offered to the Sultan of Sulu in case he was attacked). The United States-based government also refused to intervene in the dispute, officially maintaining a neutral stance on the matter and continuing to recognise Sabah as part of Malaysia. 217: 4252:

new –and fictitious-claim that the dispute is somehow a proxy for Claimants' true aim, to «reclaim» the State of Sabah for themselves, at the cost of the Malaysian Federation's integrity. ... Although there appears to be no evidence of any link between the Sulu descendants who were receiving the annual fees from Malaysia, under the 1878 Agreements , and the armed invaders into Lahad Datu, the Malaysian government ceased payments from 2013. ... There were no legal grounds for Malaysia's refusal to pay annually since 2013. It resulted in Malaysia being in breach of the 1878 Agreement. Mr. Thomas took the same position in his correspondence of 19 September 2019 ... Item 157: ... Respondent refused to participate, nor intervene –directly or by proxy- in the arbitration, except for the period from October 25, 2019 until November 18, 2019 and Mr. Capiel's Motion.

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diplomatic premises in Paris. On 10 November, the Madrid Court filed criminal charges against Stampa over his role in handing the US$ 14.92 billion arbitration award to the eight Sultanate claimants. He was sentenced to six months in prison and banned from acting as an arbitrator for one year for “knowingly disobeying rulings and orders from the Madrid High Court of Justice”. According to Law360, the Spanish courts’ decision to move ahead with criminal proceedings against Stampa marked a significant victory for the Malaysian government. On 17 May 2024, the Madrid Court of Appeal upheld the Madrid Criminal Court's 2023 judgement finding Stampa guilty of contempt of court.

782:, along with two representatives of Malaya and Britain (but neither of the territories under investigation). The Commission found that 'About one third of the population of each territory strongly favours early realisation of Malaysia without too much concern over terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards. The remaining third is divided between those who insist upon independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come'. 6143: 6094: 6045: 6008: 5994: 5973: 5932: 5883: 5841: 5820: 5709: 5667: 5611: 5565: 5544: 5370: 5298: 5245: 649: 797:. Notably, the "referendum" did not involve the entire population of North Borneo and Sarawak at that time, but only representative consultations. The UN mission report stated that "here was no reference to a referendum or plebiscite in the request..." and that "he Mission accordingly arranged for consultations with the population through the elected representatives of the people, leaders of political parties and other groups and organisations, and with all persons who were willing to express their views". Indonesia and the Philippines rejected the findings of the Cobbold Commission. 890: 1285:, admitted that Malaysia had no legal grounds to refuse payments to the heirs of the Sultanate of Sulu and offered the resumption of payments in exchange for discontinuation of the commercial arbitration process. Thomas also agreed that the arbitration did not put Malaysian national sovereignty at stake. A preliminary award was given to the heirs of the Sultanate of Sulu in May 2020. Malaysia then filed a suit at the Civil and Criminal Chamber of the Superior Court of Justice of Madrid; where the court later decided on 29 June 2021 to nullify the appointment of Dr. 1067: 386: 806: 3521:

an autonomous Muslim region in Mindanao, the ARMM. Although the Philippines has no extradition treaty with Malaysia, the authorities have already made clear that they intend to hand Mr Misuari over to the authorities in Manila as soon as possible. Malaysian Prime Minister Mahathir Mohamad had said before the arrest that, although his country had provided support to the rebel group in the past in its bid for independence, Mr Misuari had not used his powers correctly. "Therefore, we no longer feel responsible to provide him with any assistance," he said.

413: 6136: 6101: 6052: 6022: 5987: 5946: 5897: 5848: 5771: 5723: 5674: 5646: 5625: 5572: 5551: 5398: 5377: 5356: 5312: 5259: 508: 614: 1262:, one of the claimants of the Sulu throne, launched the attack in 2013. The Malaysian government initiated a suit against the supposed descendants of the Sulu Sultanate in March 2017 at the Kota Kinabalu High Court. In March 2020, the court ruled that Malaysia was the proper venue to resolve the dispute on the non-payment of cession money and the 1878 Deeds of Cession as there was no binding agreement between the Malaysian government and the heirs of the Sulu Sultanate that compels either party to submit an 860:

Accord" (where Malaysia agreed that the inclusion of North Borneo in the Federation of Malaysia would not prejudice either the claim or any right of the Philippines to the territory) and "paragraph 8 of the Joint Statement" (where all parties agreed to seek a just and expeditious solution to the dispute by means of negotiation, conciliation and arbitration, judicial settlement, or other peaceful means of the parties' own choice in conformity with the Charter of the United Nations). In other words, this

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asked to rule". Malaysia further contended that "the issue of sovereignty over Ligitan and Sipadan is completely independent of that of the status of North Borneo" and that "the territorial titles are different in the two cases". The application was ultimately rejected by the ICJ because of the non-existence of an "interest of legal nature" such that the court did not find how the decision on the case concerning the two islands would affect the Philippines' territorial claim to North Borneo.

6171: 5799: 5454: 6164: 5966: 5918: 5813: 5785: 5461: 1138: 1080: 5743: 336: 6108: 5834: 5750: 5590: 5523: 5440: 3952: 1130: 6073: 5509: 5481: 5433: 5333: 5284: 5391: 5326: 6122: 5939: 5764: 6087: 5530: 5305: 672:, in which the Philippines made it clear that its position on the inclusion of North Borneo in the Federation of Malaysia was subject to the outcome of the Philippine claim to North Borneo. The representatives of Indonesia and the Federation of Malaya seconded that the inclusion of North Borneo into the aforementioned Federation "would not prejudice either the claim or any right thereunder". It was revealed later in 1968 that President 27: 5688: 5419: 5911: 5862: 5639: 5349: 1118: 6157: 6066: 6038: 5869: 5792: 5716: 5695: 5660: 5618: 5502: 5488: 5412: 5277: 5252: 771:, two commissions of enquiry visited North Borneo, along with neighbouring Sarawak, to establish the state of public opinion there regarding merger with Malaya (and Singapore). The commission was mandated to address self-determination of the people of Sabah, i.e., the right of the people of Sabah to freely determine their own political status and freely pursue their own economic, social and cultural development. 1301:

award over claims by the sultan of Sulu's heirs since the appointment of arbitrator Dr Gonzalo Stampa was itself annulled by the Madrid High Court in June 2021, rendering any decisions by him to be invalid, including the 2022 award. Lawyers for the heirs indicated that they would seek the award’s recognition and execution, citing a 1958 U.N. Convention on Recognition and Enforcement of Foreign Arbitral Awards.

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United Nations General Assembly, the Malaysian delegation reportedly declared during such talks that "this exercise under the Joint Communique is over and done with" and that they "stalked out of the conference room, thus bringing the talks to an abrupt end," despite publicly announcing a few days earlier that they would discuss with their Philippine counterparts the modes of settlement for the issue.

442: 2685: 2650: 2614: 2524: 2375: 2342: 1637: 668:, the Philippine government claimed the territory of North Borneo, and full sovereignty, title and dominion over it were "ceded" by the heirs of the sultan of Sulu, Muhammad Esmail E. Kiram I, to the Philippines. The Philippines broke off diplomatic relations with Malaysia after the federation was formed with Sabah in 1963, but probably resumed relations unofficially through the 4973: 1310:

against enforcement of the French arbitration court, since the enforcement of the award would infringe on Malaysia's sovereignty. The award, however, remains enforceable outside France under United Nations treaty on international arbitration. In September 2022, the heirs applied to seize Malaysian assets in the Netherlands. In December 2022, French

4234: 1323:. Stampa also faced legal proceedings in Spain for ignoring the decisions of earlier Spanish courts. At the time, Stampa's award was enforceable outside of France due to a United Nations treaty on international arbitration. The Malaysian Government also faced claims by the Sulu claimants to seize Malaysian assets in the Netherlands and Luxembourg. 124: 630:, after the United Kingdom and Germany recognised its presence in the Philippine archipelago in return for the Spanish stopping their interference with British affairs in northern Borneo. Once the protocol had been ratified, the British North Borneo Chartered Company administered North Borneo, and in 1888, North Borneo became a 4978: 1289:, the arbitrator of the case, and to stop all the proceedings of the case, because the purported intentions of the heirs of the Sulu Sultanate were to reclaim the state of Sabah from Malaysia, thus threatening the integrity of Malaysian sovereignty. The venue of arbitration was later moved to Paris because the 4238: 4251:

Preliminary Award Decision of the Tribunal de Grande Instance de Paris of September 17, 2021, ordering exequatur of the Preliminary Award. Item 45: It ended with the issuance of the Preliminary Award. Item 153: In the course of the French proceedings, however, Mr. Portwood and company have invented a

1309:

said it would defend its legal position, and further clarified that the entire assets had been divested in 2021 and all the proceeds had been repatriated, rendering the actions baseless. In the same month, the Paris Court of Appeal allowed the Malaysian government's application to obtain a stay order

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where Indonesia and the Philippines stated that they would welcome the formation of Malaysia "provided the support of the people of the Borneo territories is ascertained by an independent and impartial authority, the Secretary-General of the United Nations or his representative," and provided further

625:

was granted the north-eastern part of the territory as a prize for helping the Sultan of Brunei against his enemies in 1658. However, on 22 July 1878, the sultan of Sulu relinquished sovereign rights over all his possessions in favour of Spain, based on the "Bases of Peace and Capitulation" signed by

425:

In addition to the grant by the Sultan of Sulu of territories on the mainland of Borneo, another agreement signed on the same day commissioned Baron de Overbeck as the supreme and independent ruler of the territories with the title of Datu Bandahara and Rajah of Sandakan, with absolute power over the

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Malaysia's Inspector-General of Police Norian Mai said Mr Misuari and six of his followers were arrested at 3.30 am on Saturday (1930 GMT Friday) on Jampiras island off Sabah state. Manila had ordered his arrest on charges of instigating a rebellion after the government suspended his governorship of

1300:

In February 2022, the Paris Court ruled that Malaysia had violated the treaty signed in 1878 of annual cession payment and would have to pay at least US$ 14.92 billion (RM62.59 billion) to the descendants of the sultanate of Sulu. In March 2022, Malaysia again filed an application to annul the final

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In late June 2023, a Dutch court of appeal dismissed a bid by the eight claimants to the Sultanate to enforce the US$ 15 billion arbitration award against the Malaysian Government. On 9 November 2023, the Paris Court of Appeal dismissed legal attempts by the Sultanate's claimants to seize Malaysian

1198:

rejected the Philippine claim, suggesting that the issues "should be resolved once and for all" with both the governments of Malaysia and the Philippines to officially have a "government-to-government talk" through the ASEAN platform. He earlier stated that the proposal by the central government of

880:

To date, Malaysia maintains that the Sabah claim is a non-issue and non-negotiable, thereby rejecting any calls from the Philippines to resolve the matter in ICJ. Sabah authorities stated in 2009 that they see the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International

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In 1968, the governments of Malaysia and the Philippines agreed to hold talks in Bangkok for the purpose of clarifying the territorial dispute and discussing the modes of settling it, as provided under the terms of the Manila Accord. As reflected in the official records of a plenary meeting of the

554:

The confirmatory deed of 1903 makes it known and understood between the two parties that the islands mentioned were included in the cession of the districts and islands mentioned on 22 January 1878 agreement. The originally agreed 5,000 dollars increased to 5,300 dollars per year payable annually.

486:

The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the territories of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu (Jolo), and which comprise the neighbouring islands of Balambangan, Banguey,

1203:

was nothing short of provocation and that the federal government of Malaysia had to make an immediate response. Shafie added that Sabah was a "sovereign state" and that this had been settled a long time ago where the residents of Sabah had been assured by the Malaysian federal government of "full

343:

Throughout the British administration of North Borneo, the British government continued to make the annual "cession money" payment to the sultan and his heirs, and these payments were expressly shown in the receipts as "cession money". In a 1961 conference in London, during which a Philippine and

3594:

More recent reports have confirmed that the Malaysian government had provided training for Muslim "rebels", first in 1969 on Palau Pangkor, off West Malaysia, and later in Sabah. The MNLF was formally organized on Palau Pangkor, and Nur Misuari, who was in the first in the first group, was named

1020:

The Philippines applied to intervene in the case based on its territorial claim to North Borneo. Indonesia objected to the application and stated that the "Philippines raises no claim with respect to and maintains that the legal status of North Borneo is not a matter on which the Court has been

746:

in 1987. The bill was widely criticised for effectively dropping the country's claim over the territory. Muslim members of Congress also voiced their strong opposition to the measure for fears it would "endanger" the proprietary rights of the Sultanate of Sulu. This eventually led Shahani to not

691:

Republic Act No. 5446 of the Philippines, passed by the legislature on 26 August 1968 and signed by Marcos on 18 September, regards Sabah as a territory "over which the Republic of the Philippines has acquired dominion and sovereignty". The Malaysian government responded by suspending diplomatic

246:

dengan keredhaan dan kesukaan kita sendiri kepada tuan Gustavus Baron von Overbeck yang tinggal dalam negeri Hong Kong dan kepada Alfred Dent Esquire yang tinggal dalam negeri London... sampai selama-lamanya sekalian perintah dan kuasa yang kita punya yang takluk kepada kita di tanah besar Pulau

1314:

granted seizure orders on three Paris properties owned by the Malaysian government. In April 2023, Malaysia classified one of the Sulu arbitration claimants, Fuad A Kiram as a terrorist because the latter has founded "Royal Sulu Force" which is also classified as a terrorist organisation by the

867:

A joint communique by Malaysia and the Philippines dated 3 June 1966 also provided that both parties have agreed to abide by the Manila Accord for the peaceful settlement of the Philippine claim to North Borneo (now called "Sabah") by " the need of sitting together, as soon as possible, for the

859:

dated 7 February 1966, the government of Malaysia put itself on record: "that it has never moved away from the Manila Accord of 31 July 1963 and the Joint Statement accompanying it and reiterates its assurance that it will abide by these agreements, particularly paragraph 12 of the said Manila

432:

While the Sulu claim rests on the treaty signed by Sultan Jamalul Alam of Sulu appointing Baron de Overbeck as Dato Bendahara and Raja Sandakan on 22 January 1878, a further, earlier treaty signed by Sultan Abdul Momin of Brunei appointed Baron de Overbeck as the Maharaja Sabah, Rajah Gaya and

1273:

in Spain. When the heirs of the Sultanate of Sulu filed claims in February 2018, Malaysia did not send any representatives there to dispute the claim. Malaysia did not participate or intervene in any of the proceedings except between 25 October 2019 and 18 November 2019 and 5 July 2021. Najib

945:. The Moros' bid for independence was publicly supported by Malaysia, in retaliation for Filipino attempts to reconquer Sabah. Malaysia stopped the support after power was misused by Moro leaders. In addition, the Marcos government committed massacres and waged anti-Moro war and abuse under 1318:

In June 2023, the Paris Court of Appeal ruled in favour of the Malaysian Government's appeal against the French arbitration court's 2022 decision to award US$ 15 billion to the Sultanate of Sulu's descendants. The Court of Appeal also ruled that Stampa and arbitration tribunal did not have

1253:

Malaysia stopped the annual payment of RM 5,300 cession money to the heirs of the Sulu Sultanate after the 2013 Lahad Datu standoff, despite being unable to prove a link between the 2013 Lahad Datu militants and the descendants of the Sultanate of Sulu. Former prime minister of Malaysia

4963: 2631: 588:

This ruling has often been quoted by proponents of the Sulu Sultanate's claim as proof of North Borneo's acknowledgment of the sultan's ownership of the territory, although it was made solely to determine who as heir was entitled to the "cession money" of 5,300 Malaysian

1051:, one of the claimants to the throne of the Sultanate of Sulu. Their objective was to assert their unresolved territorial claim to North Borneo. During the ensuing standoff, 56 of his followers were killed, along with 6 civilians and 10 Malaysian soldiers. 1233:

province organised a meeting on December 2021, attended by mayors of Sulu; it was alleged that there was a plan to organise a 600-personnel "Royal Sulu Army" to organise an armed takeover of the contested area in North Borneo. Philippine Defense Secretary

329:) holds exclusive power on the transfer of the said territory and any arbitration will solely be decided by the Britannic Majesty’s Consul-General for Borneo, but this translation is replaced as "Their Majesties Government" in the Tausug translation. 949:, further exacerbating the situation in Mindanao. Due to this, until 2001, Malaysia supported the Bangsamoro in the Southern Philippines by providing funding, weapons, training, and manpower to respond to the atrocities committed by the Philippines. 832:

Pursuant to the accord, a United Nations mission to Borneo was established that same year, comprising members of the UN Secretariat from Argentina, Brazil, Ceylon, Czechoslovakia, Ghana, Pakistan, Japan and Jordan. The Mission's report, authored by

936:

laid out the plan to reclaim Sabah. The trainees refused to continue their training and demanded to be returned home. One batch of recruits were disarmed, with some of the trainees returned home and others transferred to a regular military camp in

580:

In 1939, claimants Dayang Dayang Hadji Piandao and eight other heirs filed a civil suit regarding the "cession money" payable to the heirs of the sultan of Sulu—the then-incumbent Jamalul Kiram II having died childless in June 1936. Chief Justice

465:

As attested to by the International Court of Justice in 2002, the Sultan of Sulu relinquished the sovereign rights over all his possessions in favour of Spain, based on the "Bases of Peace and Capitulation" signed by the Sultan of Sulu and the

1191:, rebuked the Philippine foreign secretary's tweet as an irresponsible statement that affected bilateral ties, and on 30 July 2020 summoned the Philippine ambassador. Locsin then summoned the Malaysian ambassador in a tit-for-tat move. 1238:

dismissed the alleged plot as fake news. The Philippine military in Sulu said that the allegation was without basis but confirmed that local officials organised a meeting where they discussed bolstering maritime security in the area.

4944:

The Confirmatory Deed of 1903 must be viewed in the light of the 1878 Agreement. The British North Borneo Company entered into a Confirmatory Deed with the Sultanate of Sulu in 1903, thereby confirming and ratifying what was done in

4905: 2632:"Cession and transfer of the territory of North Borneo by His Highness, Sultan Mohammad Esmail Kiram, Sultan of Sulu, acting with the consent and approval of the Ruma Bechara, in council assembled, to the Republic of the Philippines" 6932: 5033: 1570: 758:

was similarly unable to gain consensus on the matter. The 2009 Philippine baseline law does not include Sabah within Philippine territory, although the Philippine Government at the time stated that this did not affect the claim.

524:, signed a document known as the "Confirmation of cession of certain islands", under which he grant and ceded additional islands, in addition to the land agreed upon in 1878, in the vicinity of the mainland of North Borneo from 4787: 199:

in 1878, and the sovereignty of the sultanate (and subsequently the republic) over the territory was never relinquished. However, Malaysia considers this dispute a "non-issue", as it interprets the 1878 agreement as that of

313:

in Tausug and Malay, which essentially means that the land is pawned in perpetuity for the annual cession money, and the sultanate would need to repay the entire value of the loan to redeem it back. Furthermore, the term

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to cement Spanish influence over the islands of the Philippines. In the same agreement, Spain relinquished all claims to North Borneo which had belonged to the sultanate in the past in favour of the United Kingdom.

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and Malawali, as well as all those comprised within a zone of three maritime leagues from the coast, and which form part of the territories administered by the Company styled the "British North Borneo Company".

2421:"Malaysia's territorial disputes – two cases at the ICJ : Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore), Ligitan and Sipadan [and the Sabah claim] (Malaysia/Indonesia/Philippines)" 918:

secretly authorised Major Eduardo "Abdul Latif" Martelino, a Muslim convert, to take charge of the operations of a secret commando unit code-named "Jabidah" and embark on an operation called "Project Merdeka"

511:

1903 Confirmation by Sultan of Sulu of cession of certain islands, transcription of first paragraph in Arabic Malay script Jawi and romanized Malay script. Red text is translated as "we hereby have willingly

4322: 2787:"An Act to Amend Section One of Republic Act Numbered Thirty Hundred and forty-six, Entitled "An Act to Define the Baselines of the Territorial Sea of the Philippines" [Approved: 18 September 1968]" 1744: 723:(ASEAN) — the claim of the Philippine Republic to Sabah". The statement, however was not followed through, despite negotiations and reassurances made by Marcos again in 1984 with Malaysian Prime Minister 1304:

In July 2022, court bailiffs in Luxembourg served Petronas Azerbaijan (Shah Denis) and Petronas South Caucus with a "saiseie-arret" or a "seize order" on behalf of the descendants of the sultan of Sulu.

260:

tiadalah boleh sekali-sekali kuasa dan perintah yang dikeredhai dalam pajakan ini diberi atau ditukarkan kepada lain bangsa atau kompeni daripada bangsa asing kalau tiada dengan keredhaan perintah bawah

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found "a sizeable majority of the people" in favour of joining Malaysia. Indonesia and the Philippines subsequently rejected the report's findings – and Indonesia continued its semi-military policy of

4601: 4819: 1017:(evidence of possession and use by a particular state that is effective to claim title) on the two islands as both Indonesia and Malaysia did not possess treaty-based titles on Ligitan and Sipadan. 4178: 4474: 4295: 2443:

Map of British North Borneo, highlighting in yellow colour the area covered by the Philippine claim, presented to the Court by the Philippines during the Oral Hearings at the ICJ on 25 June 2001

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relations and ceasing cooperation regarding smuggling. Perceived British support for Malaysia led to the British Embassy in Manila being broken into by a crowd. Philippine Foreign Secretary

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chairman. The Malaysian government also provided transportation, weapons, and ammunition, and before 1975 it did not actively intervene to limit Mustapha's substantially greater assistance.

1546:"Tuntutan Kesultanan Sulu terhadap Sabah: Soroton dari Perspektif Sejarah dan Perundangan (The Claim Over Sabah by the Sultanate of Sulu: A Revision from Historical and Legal Perspective)" 1520:"Tuntutan Kesultanan Sulu terhadap Sabah: Soroton dari Perspektif Sejarah dan Perundangan (The Claim Over Sabah by the Sultanate of Sulu: A Revision from Historical and Legal Perspective)" 1211:

told the Philippines to back off from continuing its claim over the state and to cease any agendas relating to Sabah and its internal politics. Similarly, former Malaysia foreign minister

1596: 3958:"This is an irresponsible statement that affects bilateral ties. @MalaysiaMFA will summon the Philippines Ambassador on Monday to explain. Sabah is, and will always be, part of Malaysia" 1157:

This is an irresponsible statement that affects bilateral ties. @MalaysiaMFA will summon the Philippines Ambassador on Monday to explain. Sabah is, and will always be, part of Malaysia.

6540: 941:. But another batch of recruits were killed by army troops, with only one survivor, Jibin Arula, managing to escape. This event is acknowledged as a major flashpoint that ignited the 551:

to the Government of British North Borneo", was used in the agreement, asserting the understanding of the Sulu Sultanate of that time of the meaning of the earlier agreement in 1878.

433:

Sandakan. This was signed on 29 December 1877, and granted the territories of Paitan as far as the Sibuco River, which overlaps the Sulu Sultanate's claim of their dominion in Sabah.

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between the Philippine, Malayan and Indonesian governments in 1963, the Philippine government said the sultan of Sulu wanted the payment of 5,000 from the Malaysian government. The

4765: 5179: 4732: 3552: 868:

purpose of clarifying the claim and discussing the means of settling it to the satisfaction of both parties" in consonance with said Accord and its accompanying Joint Statement.

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defended the Malaysian government's move of not sending any representatives there because Malaysia did not recognise the Spanish court as a venue to resolve arbitration issues.

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After that, the daughter of Jamalul Kiram III, Sheramar Kiram, initiated proceedings of a commercial arbitration in November 2017 against the government of Malaysia at the

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affirmed Malaysia's recognition of the still unresolved territorial dispute as regards North Borneo despite the findings of the Cobbold Commission or the 1963 UN Mission.

4296:"Tommy sudah pastikah bukan waris Kesultanan Sulu serang Malaysia, tanya Najib (Najib: Tommy, are you sure Sulu descendents did not launch an attack against Malaysia?)" 3368: 3083: 1662: 2513: 4405: 2090: 5060: 4330: 4627: 4576: 1619:"Brief memorandum on the government of the Sultanate of Sulu and powers of the Sultan during the 19th century (The Philippine Claim to a Portion of North Borneo)" 6907: 5028: 1319:

jurisdiction over the case. In addition, the Court of Appeal annulled the US$ 15.9 billion award. The decision was welcomed by Malaysian law minister Datuk Seri

626:

the sultan of Sulu and representatives of the Spanish government in Jolo. The Spanish then claimed the area in northern Borneo, but ended their claim under the

418:

The second concession treaty was signed by Sultan Jamal ul-Azam of Sulu on 22 January 1878 also appointing Baron de Overbeck as Dato Bendahara and Raja Sandakan

2210: 2124: 3430:

Terrorism and Violence in Southeast Asia: Transnational Challenges to States and Regional Stability: Transnational Challenges to States and Regional Stability

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that "the inclusion of North Borneo as part of Malaysia would not prejudice either the claim or any right thereunder" by the Philippines to the territory.

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was similarly unable to obtain consensus to drop the claim, he officially put the dispute aside in order to improve ties with Malaysia. Later, President

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in Jolo on 22 July 1878. The Sultan declared beyond discussion the sovereignty of Spain over all the Archipelago of Sulu and the dependencies thereof.

321:

Another contentious translation is in the exclusive authority of the said territory. In the original Jawi text (in Malay) and the British translation,

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Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore

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on 4 August 1977, Philippine President Ferdinand Marcos announced that the Philippines would take "definite steps to eliminate one of the burdens of

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and get on the request. Malaysia considers the amount an annual "cession" payment for the land, while the sultan's descendants consider it "rent".

2871: 2840: 2360: 1571:"Translation by Professor Conklin of the Deed of 1878 in Arabic characters found by Mr. Quintero in Washington (Philippine Claim to North Borneo)" 3979: 2702: 332:

This ambiguity led to different interpretations of the original Malay text, specifically the language concerning leasing or ceding of the land.

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on the "US donation of hygiene kits to Filipinos from Sabah, Malaysia" by saying that "Sabah does not belong to Malaysia". In response, the

637:

On 15 July 1946, the North Borneo Cession Order in Council, 1946, declared the State of North Borneo annexed to the British Crown, hence a

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Map of British North Borneo with the yellow area covering the Philippine claim to eastern Sabah, presented by the Philippine Government to

4353: 3454: 6975: 5103: 4755: 4019: 1169: 247:

Borneo dari Sungai Pandasan di sebelah barat sampai sepanjang semua tanah di pantai sebelah timur sejauh Sungai Sibuku di sebelah selatan

4722: 3634: 1458: 3607: 1797: 5925: 4880: 3398: 6965: 6786: 5046: 2733: 2091:

https://sagc.sabah.gov.my/?q=en/content/commission-sultan-sulu-appointing-baron-de-overbeck-datu-bandahara-and-rajah-sandakan-dated

1988: 91: 3994: 6222: 3802: 3499: 3376: 925:

means "freedom" in Malay) to destabilise and take over Sabah. The alleged masterminds, however, included leading generals in the

63: 4979:

Cabinet Memorandum. Policy in regard to Malaya and Borneo. Memorandum by the Secretary of State for the Colonies. 29 August 1945

4430: 2958: 1297:

of preliminary award in September 2021. Stampa disregarded the order from the criminal court of Spain to cease all proceedings.

5069: 4909: 1745:"1878 Grant of Lease by the Sultan of Sulu to Britain: Profession Conklin Translation vis a vis Maxwell and Gibson Translation" 1693:. Ethnological Survey for Philippine Islands (Illustrated ed.). Bureau of Printing, Harvard University. pp. 225–233. 1184: 720: 3854: 3829: 3770: 3738: 896:. Addition of a ninth ray to represent the Muslim and indigenous people and a fourth star for the Philippine-claimed parts of 6780: 6245: 5632: 5010: 4631: 3903: 3483: 3438: 3338: 3311: 3284: 3257: 3230: 3178: 3151: 3124: 3091: 2552: 2497: 2470: 2403: 2307: 2253: 2190: 2163: 2061: 2031: 1780: 1502: 786: 582: 567: 429:

In the original treaty written in Malay, the term "anugerahi dan serahkan" was used, which is translated as grant and ceded.

44: 6933:"Translation by Professor Conklin of the Deed of 1878 in Arabic characters found by Mr. Quintero in Washington | GOVPH" 1923: 70: 6846: 1290: 1180: 601: 3771:"Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia), Application for Permission to Intervene, Judgment" 3194: 2592: 6360: 5266: 5133: 344:

British panel met to discuss the Philippine claim to North Borneo, the British panel informed the Philippine congressman

2426:. Institute of Diplomacy and Foreign Relations (IDFR), Ministry of Foreign Affairs, Malaysia. p. 46. Archived from 6129: 3739:"Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia) (Permission to Intervene by the Philippines)" 3054: 2815: 942: 779: 5291: 77: 6743: 2999: 2280: 110: 2217: 2078:"Commission from the Sultan of Sulu appointing Baron de Overbeck Datu Bandahara and Rajah of Sandakan. | GOVPH" 2844: 2668:"Treaties and international agreements registered or filed and recorded with the Secretariat of the United Nations" 704: 665: 4449:"United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)" 3016: 6960: 6562: 6250: 6150: 4958: 4534: 1361: 926: 59: 5202: 6815: 6695: 6319: 4964:

Exchange of notes constituting an agreement relating to the implementation of the Manila Accord of 31 July 1963

1270: 1002: 606: 48: 3947: 3716: 3691: 6866: 6830: 6825: 6737: 6325: 5426: 5319: 4179:"Plot to invade Sabah with 600 fighters involves '19 mayors' from southern Philippines, says security source" 1962: 893: 318:

which means "forever" or "in perpetuity", indicates a binding effect beyond the lifetime of the then-sultan.

3553:"Writing Malaysia and the Moro Identity: An Analysis of the Moro National Liberation Front’s Foreign Policy" 2150: 1545: 1519: 6810: 6805: 6725: 6683: 6331: 1282: 529: 450: 196: 5171: 4381:"International Court Ruled That Malaysia Must Pay RM62 Billion To Sulu Sultan's Descendents [sic]" 1035:

On 11 February 2013, a group of approximately 100–200 individuals, some of them armed, arrived by boat in

6886: 6820: 6215: 6001: 5113: 988: 188: 2848: 2427: 6774: 6366: 6255: 5653: 2904: 2299:

International Court of Justice: Digest of Judgments and Advisory Opinions, Canon and Case Law 1946–2011

971:

landed in Lahad Datu, and killed at least 21 people and injured 11 others in a series of robberies and

5757: 4788:"Sulu case: French court ends so-called heirs' claims over Malaysia's diplomatic assets, says Azalina" 3139: 2569: 2152:

Summaries of Judgments, Advisory Opinions, and Orders of the International Court of Justice, 1997–2002

2023:

Summaries of Judgments, Advisory Opinions, and Orders of the International Court of Justice, 1997–2002

1688: 6955: 6713: 6354: 6260: 5342: 3638: 1928: 743: 2927: 2667: 286:

in 1946 as "arrendamiento" or "to lease". However, the British used the interpretation of historian

6754: 6659: 6592: 6574: 4906:"MADRID COURT OF APPEAL CONFIRMS SULU ARBITRATOR GONZALO STAMPA'S CONVICTION FOR CONTEMPT OF COURT" 4695: 2790: 1278: 1225: 1030: 356: 4504: 2764: 84: 6719: 6544: 6471: 6080: 6029: 5778: 5128: 1772:

The Muslim Private Sector in Southeast Asia: Islam and the Economic Development of Southeast Asia

812:

between the Philippines, the Federation of Malaya, and Indonesia signed in Manila on 31 July 1963

794: 755: 642: 631: 627: 493: 478: 278:, a Malay term which was translated by Spanish linguists in 1878 and by American anthropologists 37: 1494: 1431: 6851: 6762: 6701: 6671: 6647: 6568: 6550: 6272: 6208: 4357: 2297: 2272:

The Contested Maritime and Territorial Boundaries of Malaysia: An International Law Perspective

2245:

The Contested Maritime and Territorial Boundaries of Malaysia: An International Law Perspective

2051: 1380: 958: 847: 291: 204:, and it deems that the residents of Sabah (including Eastern Sabah) exercised their right to 4047:"Philippines' claim on Sabah needs to be solved once and for all by Federal Govt, says Shafie" 3688:"The Court finds that sovereignty over the islands of Ligitan and Sipadan belongs to Malaysia" 3301: 3168: 3141: 3114: 3044: 2987: 2487: 2462: 2021: 6580: 6516: 6477: 6465: 5855: 5702: 5158: 4820:"Sulu case: Spanish arbitrator Stampa to face criminal charges in Madrid on Dec 11 - Azalina" 3328: 3274: 3247: 3220: 2542: 2393: 2180: 1770: 946: 739: 613: 3428: 6881: 6707: 6653: 6528: 4968: 4100:"Shafie demands Wisma Putra protest Manila's plan to include Sabah in map on its passports" 3961: 3957: 3930: 3330:

Public Papers of the Secretaries General of the United Nations: Volume 7 U. Thant 1965-1967

2102: 1188: 834: 287: 4602:"Exclusive: After $ 15 billion award, sultan's heirs target Malaysian properties in Paris" 3926: 889: 8: 6861: 6628: 6604: 6586: 5108: 5038: 4792: 4659: 4478: 3665: 3538: 1356: 1351: 1341: 1200: 707:

ruled that the Philippine claim over Sabah is retained and may be pursued in the future.

697: 617:

Annual "Cession Money" payment by Malaysian Embassy to the heirs of the Sultanate of Sulu

458: 153: 3276:

Economists with Guns: Authoritarian Development and U.S.-Indonesian Relations, 1960-1968

2729: 1998: 6731: 6665: 6616: 6610: 6534: 6435: 6295: 5405: 5003:

A collection of treaties and other documents affecting the states of Malaysia 1761–1963

4727: 3585: 1869: 1487: 1248: 1172: 1066: 1040: 821: 785:

The Commission published its report on 1 August 1962 and made several recommendations.

775: 768: 661: 648: 396: 360: 205: 173: 5024:

Contentious translations by both Sulu and British counterparts of the 1878 are below:

4691:"Malaysia hails 'decisive victory' over Sulu sultan's heirs after French court ruling" 3507: 6441: 5876: 5118: 5006: 4994: 4824: 4323:"French arbitration court rules Malaysia owes US$ 14.92bil to sultan of Sulu's heirs" 3973: 3611: 3479: 3434: 3334: 3307: 3280: 3253: 3226: 3174: 3147: 3120: 3050: 2995: 2548: 2493: 2466: 2399: 2303: 2276: 2249: 2186: 2159: 2057: 2027: 1900: 1776: 1694: 1498: 1336: 1259: 1048: 976: 681: 622: 348:

that the wording of the receipts had not been challenged by the sultan or his heirs.

322: 184: 4406:"Malaysia files application to annul final award over claims by Sulu sultan's heirs" 975:. In addition, some $ 200,000 from a local bank as well as another $ 5,000 from the 385: 6689: 6677: 6598: 6522: 6510: 6459: 6277: 5516: 5474: 3777: 3745: 3577: 3046:

International Relations in Southeast Asia: Between Bilateralism and Multilateralism

2992:

International Relations in Southeast Asia: Between Bilateralism and Multilateralism

2932: 1993: 1957: 1411: 1346: 1235: 1199:

the Philippines to include Sabah territory as part of the Philippines territory in

915: 909: 724: 685: 673: 585:

of the High Court of North Borneo ruled on the share entitlement of each claimant.

521: 454: 3927:"Sabah is not in Malaysia if you want to have anything to do with the Philippines" 1099:

Sabah is not in Malaysia if you want to have anything to do with the Philippines.

652:

Exchange of notes constituting an agreement relating to the implementation of the

507: 412: 6622: 6429: 6283: 5681: 5123: 4127:"Shafie tells Wisma Putra to issue stern warning to Philippines over Sabah claim" 3473: 3140:

A. J. Stockwell; University of London. Institute of Commonwealth Studies (2004).

2456: 2243: 1844: 1822: 1720: 1463: 180: 123: 1403: 805: 6489: 6289: 5604: 5558: 5214: 4475:"Petronas says seized Luxembourg units have already divested Azerbaijan assets" 3116:

A History of the United Nations: Volume 2: The Age of Decolonization, 1955–1965

1320: 1286: 751: 731: 467: 345: 283: 279: 221: 132: 3881:"Dakwaan anggota tentera terbunuh hanya taktik musuh – Panglima Tentera Darat" 3776:. International Court of Justice. 23 October 2001. p. 575. Archived from 700:

on 15 October, calling for the dispute to be settled in international courts.

6949: 6768: 6447: 6412: 6231: 5980: 3354: 2689: 2654: 2618: 2571:

Co-producing the Postcolonial: U.S.-Philippine Cinematic Relations, 1946—1986

2528: 2379: 2346: 1718: 1641: 972: 825: 816:

In July 1963, at a tripartite meeting in Manila between Indonesian president

809: 693: 669: 653: 525: 474: 4448: 3455:""Sabah! A Game of Diversion" by Senator Benigno S. Aquino Jr. | GOVPH" 2216:. Sabah State Government (State Attorney-General's Chambers). Archived from 2123:. Sabah State Government (State Attorney-General's Chambers). Archived from 1803:. SUMMER INSTITUTE OF LINGUISTICS-Philippines, Inc., TRANSLATORS. p. 59 1661:. Sabah State Government (State Attorney-General's Chambers). Archived from 1204:

security and protection" when it formed the Federation of Malaysia in 1963.

5806: 5270: 5201: 5091: 4558:"Malaysia obtains stay order against $ 15 BLN award to late sultan's heirs" 3355:"Official Records, 1696th Plenary Meeting, United Nations General Assembly" 2047: 1698: 1195: 964: 933: 855: 778:, was established by the Malayan and British governments and was headed by 735: 716: 638: 446: 370: 364: 225: 169: 136: 4265:"'Malaysia has stopped paying cession money to Sulu Sultanate since 2013'" 2358: 1459:"Sabah Standoff: Diplomatic Drama After Filipino Militants Storm Malaysia" 274: 6876: 6400: 6372: 6170: 6163: 6114: 6014: 5965: 5917: 5889: 5827: 5812: 5798: 5784: 5596: 5460: 5453: 5073: 4205:"Philippines denies reports of secret plot to invade Malaysian territory" 3858: 3534:"No moving on from Marcos-era massacres and abuse, Bangsamoro group says" 3021: 1416: 1263: 1255: 1212: 1006: 968: 842: 392: 234: 161: 4881:"Arbitrator Who Issued $ 14.9B Award Against Malaysia Indicted - Law360" 4505:"Petronas subsidiaries seized as lawyers press $ 15bn claim on Malaysia" 2053:

Southeast Asia: A Historical Encyclopedia, from Angkor Wat to East Timor

1404:"The Name of Sabah and the Sustaining of a New Identity in a New Nation" 6856: 6483: 6453: 6348: 5384: 5238: 5210: 3717:"Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia)" 3589: 3565: 2544:

Where in the World is the Philippines?: Debating Its National Territory

2395:

Where in the World is the Philippines?: Debating Its National Territory

1036: 881:

Court of Justice (ICJ) as a non-issue and that they dismiss the claim.

790: 677: 352: 335: 306: 1005:(ICJ) ruled in favour of Malaysia. The two islands are located in the 820:, Philippines president Diosdado Macapagal and Malayan Prime Minister 6059: 5959: 5742: 5363: 5206: 4577:"Malaysia vows to fight move by sultan's heirs to seize Dutch assets" 1597:"Contrato de Arrendo de Sandacan en Borneo, con el Baron de Overbeck" 1294: 1208: 1044: 3992: 3581: 2988:"Bilateralism and Multilateralism in Malaysia-Philippines Relations" 2178: 1599:(in Spanish). Philippine Claim to North Borneo, Vol. I. 13 July 1878 982: 457:

and the rest of the Philippine islands was under the control of the

441: 26: 6406: 6107: 6072: 5904: 5833: 5749: 5589: 5522: 5508: 5480: 5439: 5432: 5332: 5283: 4723:"Malaysia hails 'victory' in row with Sulu sultan's Filipino heirs" 3951: 3070:

Report of the Commission of Enquiry: North Borneo and Sarawak, 1962

2574:(PhD thesis). University of California, Los Angeles. pp. 350–. 1306: 1129: 563: 404: 400: 157: 4431:"An old sultanate, oil and $ 14.9 million ruling against Malaysia" 4074:"Sabah chief looks to ASEAN to quash Philippine territorial claim" 3995:"'Sabah is not in Malaysia': When Locsin awakens a sleeping giant" 3690:. International Court of Justice. 17 December 2002. Archived from 1117: 500: 6121: 5938: 5763: 5736: 5390: 5325: 5153: 4856:"Arbitrator's Guilty Verdict Puts UK Funder's Investment at Risk" 4829: 4760: 3965: 3934: 3744:. International Court of Justice. 23 October 2001. Archived from 2876: 2688: