The Madrid Protocol of 1885 was an agreement between the United Kingdom, Germany, and Spain to recognize the sovereignty of Spain over the Sulu Archipelago as well as the limit of Spanish influence in the region. [1] Under the agreement, Spain relinquished all claim to Borneo.
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, 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".
— Article III, Madrid Protocol of 1885
Another important point regarding the agreement relates to Article IV, which guarantees no restriction on trade to the parties of the protocol within the Sulu Archipelago and North Borneo. [2]
The North Borneo dispute is the territorial dispute between Malaysia and the Philippines over much of the eastern part of the state of Sabah, a territory known as North Borneo prior to the formation of the Malaysian federation. The Philippines, presenting itself as the successor state of the Sultanate of Sulu, retains a "dormant claim" on Sabah on the basis that the territory was only leased to the British North Borneo Company in 1878, with the sovereignty of the Sultanate (and subsequently the Republic) over the territory having never been relinquished. [3] However, Malaysia considers this dispute as a "non-issue" as it interprets the 1878 agreement as that of cession [4] and that it deems that the residents of Sabah had exercised their right to self-determination when they joined to form the Malaysian federation in 1963. [5]
Besides the Philippines, the Sabah region has also been claimed by the purported heirs of the last Sultan of Sulu. [6] In 2019, the self-proclaimed heirs of the Sulu empire filed an arbitration appeal in Spain based on the 1878 agreement. [7] Malaysia refused to be part of the arbitration process insisting that the proper venue to resolve the dispute was within its own legal system.
The Madrid High Court appointed Gonzalo Stampa the sole commercial arbitrator on the matter, a move which Malaysia challenged in the Civil and Criminal Chamber of the Superior Court of Justice of Madrid. The appointment was annulled, however, Stampa moved the case to the High Court of Paris. [8] On 28 February 2022, Stampa ruled in favor of the alleged descendants of the sultan and ordered Malaysia to pay US$14.92 billion in settlement to the litigants. [9] The award was eventually struck down by the Hague Court of Appeal on June 27, 2023. [10]
The Sultanate of Sulu was a Sunni Muslim state that ruled the Sulu Archipelago, coastal areas of Zamboanga City and certain portions of Palawan in the today's Philippines, alongside parts of present-day Sabah and North Kalimantan in north-eastern Borneo.
The North Borneo Chartered Company (NBCC), also known as the British North Borneo Company (BNBC) was a British chartered company formed on 1 November 1881 to administer and exploit the resources of North Borneo. The territory became a protectorate of the British Empire in 1888 but the company remained involved with the territory until 1946 (1941), when administration was fully assumed by the Crown colony government.
The North Borneo Federation, also known as North Kalimantan, was a proposed political entity which would have comprised the British colonies of Sarawak, British North Borneo and the protectorate of Brunei.
The North Borneo dispute, also known as the Sabah dispute, is the territorial dispute between Malaysia and the Philippines over much of the eastern part of the state of Sabah. Sabah was previously known as North Borneo prior to the formation of the Malaysian federation.
The Philippines has claims on territories which include the Spratly Islands, portions of North Borneo, and the Scarborough Shoal.
Jamalul ibni Punjungan Kiram III was a former self-proclaimed Sultan of the Sulu Sultanate who claimed to be "the poorest sultan in the world". He was known as an unsuccessful candidate for senator in the Philippine general elections in 2007. In 2013, Kiram III sparked a controversy when he revived a dispute between the Philippines and Malaysia by leading an intrusion into the eastern part of Sabah. His daughter is Princess Jacel Kiram, a proponent of the Sabah claim of the Philippines in 2016.
The Malaysia–Philippines border is a maritime boundary located in the South China, Sulu and Celebes Seas. It separates the Malaysian state of Sabah, which is on the island of Borneo, and the Sulu Islands of the southern Philippines.
The history of Sabah can be traced back to about 23–30,000 years ago when evidence suggests the earliest human settlement in the region existed. The history is interwoven with the history of Brunei and the history of Malaysia, which Sabah was previously part of and is currently part of respectively. The earliest recorded history of Sabah being part of any organised civilisation began in the early 15th century during the thriving era of the Sultanate of Brunei. Prior to this, early inhabitants of the land lived in predominantly tribal societies, although such tribal societies had continued to exist until the 1900s. The eastern part of Sabah was ceded to the Sultan of Sulu by the Sultan of Brunei in 1658 for the former helping a victory over Brunei enemies, but many sources stated it had not been ceded at all. By the late 19th century, both territories previously owned by Sultan of Brunei and Sultan of Sulu was granted to British syndicate and later emerged as British North Borneo under the management of the North Borneo Chartered Company. Sabah became a protectorate of the United Kingdom in 1888 and subsequently became a Crown colony from 1946 until 1963, during which time it was known as Crown Colony of North Borneo. On 16 September 1963, Sabah merged with Malaya, Sarawak and Singapore to form Malaysia.
Sharif ul-Hashim was the regal name of Sharif Abubakar Abirin Al-Hashmi. He was an Arab-Muslim explorer and the founder of the Sultanate of Sulu. He assumed the political and spiritual leadership of the realm, and was given the title Sultan, and was also the first Sultan of Sulu.
The Court of Appeal of Paris is the largest appeals court in France in terms of the number of cases brought before it. Its jurisdiction covers the departments of Paris, Essonne, Yonne, Seine-et-Marne, Seine-Saint-Denis, and the Val de Marne.
Gustav Overbeck from 1867 von Overbeck, in 1873 Baron von Overbeck, in 1877 Maharaja of Sabah and Rajah of Gaya and Sandakan, was a German businessman, adventurer and diplomat.
The Crown Colony of North Borneo was a Crown colony on the island of Borneo established in 1946 shortly after the dissolution of the British Military Administration. The Crown Colony of Labuan joined the new Crown Colony during its formation. It was succeeded as the state of Sabah through the formation of the Federation of Malaysia on 16 September 1963.
William Clark Cowie was a Scottish engineer, mariner, and businessman who helped establish British North Borneo and was Chairman of the British North Borneo Company.
The Ligitan and Sipadan dispute [2002] ICJ 3 was a territorial dispute between Indonesia and Malaysia over two islands in the Celebes Sea, namely Ligitan and Sipadan. The dispute began in 1969 and was largely resolved by the International Court of Justice (ICJ) in 2002, which opined that both of the islands belonged to Malaysia.
Jamalul Kiram II was the sultan of Sulu from 1894 to 1915. During his long reign, he signed treaties with several nations. He served under both Spain and America.
The American Trading Company of Borneo was a chartered company formed by Joseph William Torrey, Thomas Bradley Harris together with several Chinese investors shortly after the acquisition over a parcel of land in northern Borneo from the Sultanate of Brunei. The first American settlement in the area soon was named "Ellena", although it was abandoned later due to financial difficulties, diseases and riots among the workers.
The Lahad Datu District is an administrative district in the Malaysian state of Sabah, part of the Tawau Division which includes the districts of Kunak, Lahad Datu, Semporna and Tawau. The capital of the district is in Lahad Datu Town.
The Malaysia Sulu case refers to an arbitration case which involving the heirs of the Sultanate of Sulu and the government of Malaysia in the Spanish and later French court system.
Gonzalo Stampa, is a Spanish lawyer, author and arbitration judge best known for his arbitration role in the Malaysia-Sulu Case. He is the founding partner of law firm Stampa Abogados in Madrid. According to ICLG, Stampa has over 30 years of legal practicing experience and has served as the arbitrator in more than 172 international arbitrations. He is a Corresponding Academician at the Royal European Academy of Doctors (RAED).
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