Dispute settlement of the Exclusive Economic Zone delimitation between Indonesia and Malaysia in the North Natuna Sea

Abstract

The delimitation of the EEZ in the North Natuna Sea is very important for Indonesia and Malaysia to enable effective maritime management and enhance legal certainty in the area. The dispute over the determination of the EEZ boundary between Indonesia and Malaysia in the North Natuna Sea is one of the legal issues that has not been resolved until now, regardless of whether both countries have ratified UNCLOS. This study aims to investigate the legal basis of the claims made by both countries and evaluate the suitable dispute resolution process in accordance with UNCLOS. Using a doctrinal approach, supported by primary sources such as international conventions and national regimes, in addition to secondary sources, including books, articles, and reports. This study found that the differences in principles and norms between the two countries caused an ongoing dispute, as each country pursues an equitable settlement from its viewpoint. Malaysia's claim is founded on the principle of the continental shelf and the coastline's configuration, which is considered to provide rights to specific areas in the North Natuna Sea. In contrast, Indonesia used the principle of equidistant lines to establish the EEZ boundary, measured from the archipelago's baseline in accordance with UNCLOS. This study emphasises that, from a legal perspective, Indonesia and Malaysia might consider settlement options through the Non-Binding decisions mechanism, including through settlement by agreement or mediation and good offices. If the dispute cannot be resolved through negotiation, subsequently both countries may consider an alternative settlement option through binding decisions,