The Effect of Irrelevance of Pisang Island Lighthouse to the 1900 Agreement Between Sultan of Johor and Straits Settlement Government

Main Article Content

Dr. Ahmad Faizal
Mr. Mohd Sharifuddin
Professor Dr. Zuhairah Ariff

Abstract

The agreement on the establishment of lighthouse on Pisang Island by British was initiated subsequent to the agreement between Sultan of Johor and Strait Settlement Government in February 1885. The agreement gives right and possession to the Strait Settlement Government to operate the lighthouse perpetuity. The agreement inherited by Singapore. Malaysia has full sovereignty over Pisang Island and was acknowledged by the Parliament of Singapore in 2003. GNSS carriage onboard commercial vessels has turned the lighthouse as irrelevant for the current navigational needs. Furthermore, radar tower is required to support the VTIS operation in the Strait of Malacca. The objective of research is to identify whether the irrelevancy of existing lighthouse will affect the contract between Malaysia and Singapore by looking into the principle of contract law. In addition, the research aims to identify the available solutions for Malaysia to gain possession on the lighthouse’s site without jeopardizing the right of Singapore. In achieving the objective and solution of research, the paper discusses and examines the situation by referring to the main sources of law such as statues, cases, and principles under the law of contract and other related laws. It is doctrinal research that descriptive in nature.

Article Details

Section
Articles
Author Biographies

Dr. Ahmad Faizal, Universiti Malaysia Terengganu

Senior Lecturer of Safety of Navigation, Nautical Science and Maritime Transportation Program, Faculty of Maritime Studies, Universiti Malaysia Terengganu (UMT). Has joined UMT as lecturer since 2009. Has been working in the maritime industry since 1999, as Oceanographer (1999-2002), and Marine Officer of Marine Department Malaysia (2002-2009). As Marine Officer, involved in Hydrographic Survey and Marine Chart production, maintenance  and establishment of Marine Aids to Navigation in the state of Sarawak Malaysia that responsible of 7 major lighthouses, 100 beacons, 30 pair leading lights, 100 navigation buoys, 1 DGPS broadcasting station, and 2 buoy tender vessels. 

Mr. Mohd Sharifuddin , Universiti Malaysia Terengganu

Senior Lecturer of Maritime Law of Maritime Management Program, Faculty of Maritime Studies, UMT. Had been practiced law before joined UMT as senior lecturer.

Professor Dr. Zuhairah Ariff , Universiti Sultan Zainal Abidin

Professor of Law and Dean of Faculty of Law and International Relation Universiti Sultan Zainal Abidin.