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{{Short description|1885 colonial treaty between the UK, Germany and Spain}}
⚫
The '''Madrid Protocol of 1885''' is an agreement between [[Great Britain]], [[Germany]] and [[Spain]] to recognize the sovereignty of Spain over the [[Sulu Archipelago]] as well as the limit of Spanish influence in the region. Under the agreement, Spain relinquishes all claim to [[Borneo]].
{{Use British English|date=January 2022}}
⚫
{{quote|text=The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the
{{Use dmy dates|date=September 2014}}
[[File:1848-1899 sulu ph.jpg|thumb|250px|The Madrid Protocol in 1885 making [[North Borneo]] under the control of [[British North Borneo Company]] while the [[Sulu Archipelago]] and the rest of the Philippines islands were under the control of [[Spanish East Indies]].]]

⚫
The '''Madrid Protocol of 1885''' was an agreement between the [[United Kingdom of Great Britain and Ireland|United Kingdom]], [[German Empire|Germany]], and [[Restoration (Spain)|Spain]] to recognize the sovereignty of Spain over the [[Sulu Archipelago]] as well as the limit of Spanish influence in the region.<ref name="RJWilkinson">{{cite book|last = Tregonning| first = H.G. | year = 1970 | title = The Philippine Claim to Sabah | publisher = The Malayan Branch of the Royal Asiatic Society | url = http://www.mbras.org.my/file/KGTreg.pdf }}</ref> Under the agreement, Spain relinquished all claim to [[Borneo]].
⚫
{{blockquote|text=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
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
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.”|sign=Article III|source=Madrid Protocol of 1885}}
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".|sign=Article III|source=Madrid Protocol of 1885}}


Another important point regarding the agreement relates to Article IV which guarantees of no restriction on trade to the parties of the protocol within the Archipelago and North Borneo.
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.<ref>{{Cite web |title=BRITISH NORTH BORNEO TREATIES. |url=http://www.lawnet.sabah.gov.my/Lawnet/SabahLaws/Treaties/Protocol%28Madrid%29.pdf |url-status=dead |archive-url=https://web.archive.org/web/20131029195606/http://www.lawnet.sabah.gov.my/Lawnet/SabahLaws/Treaties/Protocol%28Madrid%29.pdf |archive-date=29 October 2013}}</ref>

==North Borneo dispute==
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 [[Malaysia Agreement|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 [[Concession (territory)|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.<ref>{{cite web|title=East and Southeast Asia: the Philippines |url=https://www.cia.gov/the-world-factbook/countries/philippines/ |work=CIA Factbook |publisher=Central Intelligence Agency |access-date=7 March 2013 |df=dmy }}</ref> However, Malaysia considers this dispute as a "non-issue" as it interprets the 1878 agreement as that of [[cession]]<ref>{{cite magazine|url=http://world.time.com/2013/02/26/sabah-standoff-diplomatic-drama-after-sulu-militants-storm-malaysia/|title=Sabah Standoff: Diplomatic Drama After Filipino Militants Storm Malaysia|magazine=[[Time (magazine)|TIME]]|date=26 February 2013|access-date=16 March 2013|author=Campbell, Charlie}}</ref> 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.<ref>{{cite book|author=James W. Gould|title=The United States and Malaysia|url=https://archive.org/details/unitedstatesmala0000goul|url-access=registration|year=1969|publisher=Harvard University Press|isbn=978-0-674-92615-8|pages=[https://archive.org/details/unitedstatesmala0000goul/page/106 106]–}}</ref>

===Sulu heirs===
Besides the Philippines, the Sabah region has also been claimed by the purported heirs of the last Sultan of Sulu.<ref>{{Cite web |title=Explaining the Sulu claim |url=https://www.thestar.com.my/news/nation/2022/07/27/explaining-the-sulu-claim |access-date=2024-02-21 |website=The Star |language=en}}</ref> In 2019, the self-proclaimed heirs of the Sulu empire filed an arbitration appeal in Spain based on the 1878 agreement.<ref>{{Cite web |last=Byrnes |first=Sholto |date=2022-07-20 |title=The heirs of a sultanate are using international law to make Malaysia pay |url=https://www.thenationalnews.com/opinion/comment/2022/07/20/the-heirs-of-a-sultanate-are-using-international-law-to-make-malaysia-pay/ |access-date=2024-02-21 |website=The National |language=en}}</ref> 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.<ref>{{Cite web |last=Alerion_03 |date=2022-07-26 |title=UPDATE - Paris Court of Appeal granted Malaysia a stay of the enforcement of multi-billion award in France while its enforcement is pursued in Luxembourg |url=https://www.alerionavocats.com/en/update-paris-court-appeal-granted-malaysia-stay-enforcement-multi-billion-award-in-france-enforcement-pursued-luxembourg/ |access-date=2024-02-21 |website=Alerion Avocats Paris |language=en-US}}</ref> 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.<ref>{{Cite web |last=Vidal |first=Desiré |date=2022-02-16 |title=Sultan of Sulu: the story of Spain´s largest arbitration |url=https://legaldealmaker.com/sultan-of-sulu-the-story-of-spains-largest-arbitration/ |access-date=2024-02-21 |website=Legal Dealmaker |language=en-GB}}</ref> The award was eventually struck down by the [[International Court of Justice|Hague Court of Appeal]] on June 27, 2023.<ref>{{Cite web|date=2023-06-27 |title=Hague Court Dismisses Sulu Heirs US$15 Billon Claim, A Landmark Victory For Malaysia |url=https://www.businesstoday.com.my/2023/06/27/hague-court-dismisses-sulu-heirs-us15-billon-claim-a-landmark-victory-for-malaysia/ |access-date=2024-02-21 |website=Business Today |language=en-US}}</ref>


==See also==
==See also==
* [[Territories claimed by the Philippines]]


==References==
* [[Sabah dispute]]
{{reflist}}


==Further reading==
==Further reading==
⚫
* Leigh R. Wright. Historical Notes on the North Borneo Dispute. The Journal of Asian Studies, Vol. 25, No. 3 (May 1966), pp. 471–484.

⚫
* Leigh R. Wright. Historical Notes on the North Borneo Dispute. The Journal of Asian Studies, Vol. 25, No. 3 (May, 1966), pp. 471–484.
* Leigh R. Wright. The Origins of British Borneo. Modern Asian Studies, Vol. 10, No. 1 (1976), pp. 149–154
* Leigh R. Wright. The Origins of British Borneo. Modern Asian Studies, Vol. 10, No. 1 (1976), pp. 149–154
* Leigh R. Wright. The Anglo-Spanish-German Treaty of 1885: A Step in the Development of British Hegemony in North Borneo. Australian Journal of Politics & History 18 (1), 62–75
* Leigh R. Wright. The Anglo-Spanish-German Treaty of 1885: A Step in the Development of British Hegemony in North Borneo. Australian Journal of Politics & History 18 (1), 62–75


==External links==
==External links==
* [http://www.lawnet.sabah.gov.my/Lawnet/SabahLaws/Treaties/Protocol%28Madrid%29.pdf British North Borneo, 1885 Sabah Law]
* [https://web.archive.org/web/20131029195606/http://www.lawnet.sabah.gov.my/Lawnet/SabahLaws/Treaties/Protocol%28Madrid%29.pdf British North Borneo, 1885 Sabah Law]

{{History of East Malaysia}}


[[Category:History of Sabah]]
[[Category:History of Sabah]]
[[Category:1885 in the United Kingdom]]
[[Category:1885 in the United Kingdom]]
[[Category:Treaties of the United Kingdom]]
[[Category:Treaties of the United Kingdom (1801–1922)]]
[[Category:Treaties involving territorial changes]]
[[Category:Treaties involving territorial changes]]
[[Category:Boundary treaties]]
[[Category:Boundary treaties]]
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[[Category:Treaties of the German Empire]]
[[Category:Treaties of the German Empire]]
[[Category:Treaties of Spain under the Restoration]]
[[Category:Treaties of Spain under the Restoration]]


{{Malaysia-stub}}
{{Philippines-stub}}
{{SAsia-hist-stub}}

Latest revision as of 21:27, 30 July 2024

The Madrid Protocol in 1885 making North Borneo under the control of British North Borneo Company while the Sulu Archipelago and the rest of the Philippines islands were under the control of Spanish East Indies.

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]

North Borneo dispute

[edit]

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]

Sulu heirs

[edit]

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]

See also

[edit]

References

[edit]
  1. ^ Tregonning, H.G. (1970). The Philippine Claim to Sabah (PDF). The Malayan Branch of the Royal Asiatic Society.
  2. ^ "BRITISH NORTH BORNEO TREATIES" (PDF). Archived from the original (PDF) on 29 October 2013.
  3. ^ "East and Southeast Asia: the Philippines". CIA Factbook. Central Intelligence Agency. Retrieved 7 March 2013.
  4. ^ Campbell, Charlie (26 February 2013). "Sabah Standoff: Diplomatic Drama After Filipino Militants Storm Malaysia". TIME. Retrieved 16 March 2013.
  5. ^ James W. Gould (1969). The United States and Malaysia. Harvard University Press. pp. 106–. ISBN 978-0-674-92615-8.
  6. ^ "Explaining the Sulu claim". The Star. Retrieved 21 February 2024.
  7. ^ Byrnes, Sholto (20 July 2022). "The heirs of a sultanate are using international law to make Malaysia pay". The National. Retrieved 21 February 2024.
  8. ^ Alerion_03 (26 July 2022). "UPDATE - Paris Court of Appeal granted Malaysia a stay of the enforcement of multi-billion award in France while its enforcement is pursued in Luxembourg". Alerion Avocats Paris. Retrieved 21 February 2024.{{cite web}}: CS1 maint: numeric names: authors list (link)
  9. ^ Vidal, Desiré (16 February 2022). "Sultan of Sulu: the story of Spain´s largest arbitration". Legal Dealmaker. Retrieved 21 February 2024.
  10. ^ "Hague Court Dismisses Sulu Heirs US$15 Billon Claim, A Landmark Victory For Malaysia". Business Today. 27 June 2023. Retrieved 21 February 2024.

Further reading

[edit]
  • Leigh R. Wright. Historical Notes on the North Borneo Dispute. The Journal of Asian Studies, Vol. 25, No. 3 (May 1966), pp. 471–484.
  • Leigh R. Wright. The Origins of British Borneo. Modern Asian Studies, Vol. 10, No. 1 (1976), pp. 149–154
  • Leigh R. Wright. The Anglo-Spanish-German Treaty of 1885: A Step in the Development of British Hegemony in North Borneo. Australian Journal of Politics & History 18 (1), 62–75
[edit]
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