KOTA KINABALU: The Paris Court decision to annul the "final award" of US$14.9bil issued in favour of the self-proclaimed heirs of the defunct Sulu Sultanate is a clarification of legal position and safeguards Sabah's territorial integrity, says the Sabah Law Society (SLS).
SLS president Datuk Mohamed Nazim Maduarin said it views this ruling as an important clarification of the legal position.
Although the dispute was framed within a commercial arbitration context, its implications touched directly on matters central to Sabah's territorial integrity, he said in a statement on Thursday (Dec 11).
He said Sabah's status within the Federation is anchored in the Federal Constitution and the constitutional arrangements flowing from the Malaysia Agreement 1963.
"It cannot be altered, challenged, or subjected to extraterritorial arbitral processes that lack lawful foundation," said Mohamed Nazim.
He said the Paris Court's finding that the arbitrator lacked jurisdiction due to the absence of any valid arbitration agreement, reinforced a fundamental rule-of-law safeguard: disputes involving sovereign rights and constitutional arrangements cannot be privatised, outsourced; or adjudicated through unauthorised mechanisms.
He said the SLS noted the work undertaken by the Malaysian legal teams in the French proceedings, which touch upon matters relating to Sabah's constitutional and territorial position.
The Society reiterates that matters involving Sabah's constitutional rights must continue to be
addressed with the same clarity and respect for the rule of law, Mohamed Nazim said.
"As an independent statutory body, the Sabah Law Society remains committed to upholding the rule of law, safeguarding matters affecting Sabah's legal and constitutional position, and ensuring that issues touching on Sabah's rights are approached with clarity, discipline, and a firm grounding in law," he stressed.
