Avergonzado, Lucio C.
The Sabah issue : examining the Philippines' historical and legal claim versus Malaysia's claim of Sabah's right to self-determination in international law perspective / Lucio C. Avergonzado - Cebu City : University of Cebu, 2019. - 100 pages leaves : colored illustrations ;
Thesis(Degree of Juris Doctor)-- University of Cebu Banilad, 2019.
Includes bibliography (leaves 92-98).
Summary: The territorial dispute over Sabah remains a sensitive and contentious issue between the Philippines and Malaysia. The Philippines claims that it has strong historical and legal claim over Sabah while Malaysia contends that under modern international law, Sabah's right to self-determination prevails over any claim of historic title. There is therefore a dispute of whose argument among these two claimants has strong legal foundation in International Law, and therefore, valid. Hence, this study seeks to examine, evaluate, and analyze relevant case laws, jurisprudence, and pertinent United Nations resolution to determine the validity of the historical title claim of the Philippines and Malaysia's claim of Sabah's right of self-determination.
In so doing, the study utilized the qualitative-evaluative research design. A doctrinal legal research method is employed to evaluate, examine and analyze the relevant ICJ case laws and jurisprudence and UN Resolutions in relation to the arguments of the two claimants. In making a conclusion with regard to the conflicting claims, the Theory of Liberal Internationalism in relation to self- determination and historic title claim is employed. The study concludes that Malaysia's argument of Sabah's right to self-determination has a strong legal foundation in modern international law.
English
The Sabah issue : examining the Philippines' historical and legal claim versus Malaysia's claim of Sabah's right to self-determination in international law perspective / Lucio C. Avergonzado - Cebu City : University of Cebu, 2019. - 100 pages leaves : colored illustrations ;
Thesis(Degree of Juris Doctor)-- University of Cebu Banilad, 2019.
Includes bibliography (leaves 92-98).
Summary: The territorial dispute over Sabah remains a sensitive and contentious issue between the Philippines and Malaysia. The Philippines claims that it has strong historical and legal claim over Sabah while Malaysia contends that under modern international law, Sabah's right to self-determination prevails over any claim of historic title. There is therefore a dispute of whose argument among these two claimants has strong legal foundation in International Law, and therefore, valid. Hence, this study seeks to examine, evaluate, and analyze relevant case laws, jurisprudence, and pertinent United Nations resolution to determine the validity of the historical title claim of the Philippines and Malaysia's claim of Sabah's right of self-determination.
In so doing, the study utilized the qualitative-evaluative research design. A doctrinal legal research method is employed to evaluate, examine and analyze the relevant ICJ case laws and jurisprudence and UN Resolutions in relation to the arguments of the two claimants. In making a conclusion with regard to the conflicting claims, the Theory of Liberal Internationalism in relation to self- determination and historic title claim is employed. The study concludes that Malaysia's argument of Sabah's right to self-determination has a strong legal foundation in modern international law.
English