Project : Sabah
Objective: International Law
Contesting Party:
British North Borneo Company
British Government
Malaysia

Historical Background:

North Borneo is the original name of Sabah. Malaysia changed it to Sabah to probably elude the issue of the original name. Sabah is originally part of Brunei.  Brunei has given Sabah Island to the Sultan of Sulu in aid to quell the war with Indonesia. The British rule Peninsular Malaysia. The Private British Company rented Sabah in 1878 . The Private British Company has transferred the Lease to British Government upon dissolution. In 1939, the High Court of North Borneo has ruled that Sabah belongs to the Sultanate of Sulu Kiingdom and a “Letter of Administration was given to Datu Punjungan Kiram, the son of Sultan Mawalil Wasit, authorizing to audit and to inventory all the proprietary properties of Sabah. The high Court of North Borneo stipulates the nine principal heirs to share the monetary rental of Sabah. Malaysia become independent in 1963 and absorbed Sabah and continue the rental payment of 5,000 ringgit.  Malaysia changes the name of North Borneo to Sabah later and presently arguing that it was sold as to whom is not clear. Subsequently, Malaysia claims the island due to the decision of Cobbold Comission. One purpose of the case study is to find out if Malaysia is the legal entity to keep Sabah or the heir  to the Sultanate of Sulu  kingdom.

While the whole world goes in to the high technology race, all countries of the world does not realized the erosion of moral society; new laws are made and being implemented which seems to deviate and yet confusing compared to the written laws of the Holy Books of Qur’an and the Bible. Men have seemingly lost the essence of human reality. Countries who implement modernity are the prime violators of human sanctity to equally live in this world in harmony. The political interest is the only menu that they can see regardless of how many human lives could perish.

The institution of the United Nation is formed in good principle and foundation of human morale, if not from those Holy books but seems also polluted today. Nowadays, only the biggest countries prevailed and the small are just spectators with no choice but to sign the dictum of the superpowers. The Iraq war was disapproved by UN but still violated by the USA. The Copenhagen Convention is also disapproved by many nations but still got the green signal; the protest of the Palestinians go to the deaf ears of UN and even took their land and gave it to Israel. Atrocities of the superpower cannot be controlled by UN. UN may in fact serve as their conduit to make it appear that the decision of the superpower is the decision of UN. Small nations seem at the mercy of the superpower and dispose what they wish in the mask of political design to aggravate small nation and make it looks just and righteous.

The current squabbles and competition among relatives of Kirams to the throne to claim the hierarchy could be the most candid situation today. The more they squabble and compete, the better for those who hold the property of the kingdom. Relatives to the throne must convene altogether and forget the selfish motivation dictated by their pride to stand all at once as the Sultan of the kingdom. The relatives must realize that the more they squabble, the more corrupt organizations who have interest to the business will try to muddle the issue. The relatives to the throne must create a strong concession within the family to create sane internal rules so that hierarchy cannot be muddled.

The history of man, dates back when people has no established system. This evolves into civilized manner and thus a system of understanding is developed. People in the olden days erect a mark or monument to prove that they agree in one thing; this has developed further when writing was developed. Education start to flourish when man has started to write and record even without writing medium; they draw in the form of hierogliphiics and pictures where they live to denote the culture, their tradition and way of life. Later, a written method was developed and kingdom of nations used the Decree to create laws to follow;  the system of writing further evolves among men , later made agreements  in writings when they want to convey anything. At the start of 15th centurty, people and country agree and bind their agreement with "Treaty"; this serves as the distinctive mark that an agreement has reached by two parties even to an individual people or countries.