Chapter 3: Archival Research to Enhance Territorial and Sovereignty Claims

In an endeavor to establish certainty over territorial and sovereignty claims, research at National Archives could prove invaluable. A period of research, whether in your nation’s capital city or elsewhere, at home or in other countries, that may or may not have trading relations or administrative linkages, could uncover a wealth of information contained in the original documents such as agreements, Memoranda of Understanding, treaties, and particularly, in files maintained by the relevant departments and ministries such as foreign and home affairs and trade. Examples of where such research has produced documents that were presented at international courts and arbitration tribunals to prove sovereignty claims include the cases in which Malaysia was party to disputes with Indonesia and Singapore at the International Court of Justice, in 2002 and 2008, respectively. In January 2017, reports emerged that Malaysia had “discovered” three important documents at the UK National Archives that had become available to the public. Such a discovery may go some way forward to turn a decision set by the ICJ in 2008 in Malaysia’s favor. This chapter demonstrates, illustrates, and discusses the manner in which research at national archives, public and private libraries, and other institutions that are depositaries of primary documents, and by inference also secondary, may support claims to territory may be conducted.