7 The Court determines `all the rights of Guatemala against Belize in the land and island areas and in all the maritime areas belonging to those territories`, as well as `the boundaries between their respective territories and territories`. Under Article 40(1) of the STATUTE of the ICJ, a special agreement is to indicate “the subject matter of the dispute”, a requirement which appears to comply with Article 2. Under Article 39(2) of the Rules of Procedure of the ICJ, the parties to the dispute may further specify the exact subject-matter of their dispute in their communication to the Court of Justice`, in so far as this does not already result from the agreement`. Mahkamah kemudian menyatakan bahwa ukuran yang obyektif dalam menentukan kepemilikan pulau-pulau tersebut adalah dengan menerapkan doktrin effective occupation sebagai “pisau analisis” tersebut. Two important aspects of determining actual employment are the decision of the deadline or often referred to as the critical date and the existing legal evidence. The critical date set by the International Court of Justice is 1969. This means that all activities after 1969, such as the construction of stations, are considered legally derailed. The court only considered legal evidence before 1969. In this regard, it should be emphasized that the Federation of Malaysia was not fully established until 16 September 1963 with Sabah as one of its states. It is understandable that almost all the juries involved agreed that P. Sipadan and P.
Ligitan had fallen on the Malaysian side because the two islands were not so far from Malaysia and malaysia had actually built a tourist infrastructure on the islands. Article 60 of the Statute provides that in the event of a dispute concerning the importance or scope of a judgment, the Court shall stretch it at the request of a party. The request for interpretation may be made either by special agreement between the parties or by a request by one or more parties (rules, art. 98) 5.b. Malaysia mengajukan bukti bukti berupa bukti hukum Inggris yakni Turtle Preservation Ordinance 1917; perijinan kapal nelayan kawasan Sipadan Ligitan; regulasi suaka burung tahun 1933 dan pembangunan suar pada tahun 1962 dan 1963. Semuanya adalah produk hukum pemerintah colonial Inggris, bukan Malaysia. “2. States Parties to this Statute may at any time declare that they ipso facto recognize, without special agreement, in respect of any other State accepting the same obligation, the jurisdiction of the Court in all disputes concerning: effective occupation is an international legal doctrine derived from ancient Roman law.
Occupation derives from the Roman concept of Occupatio, which means administrative act and not the act of physical occupation. Effective occupation as an administrative act of control of a territory can only apply to terra nullius or to new territories and no man`s land or territories considered as no man`s land and contested by the State. Effective occupation cannot apply to areas governed by agreements, judge`s decisions, arbitral awards or the registration of property by clear laws. . . .