WAS MALAYSIA LEGITIMATE AS IT WAS SET UP UNDER UNDER EMERGENCY CONDITIONS WHICH REMAINED IN FORCE TILL 2011? WAS MALAYSIA FORMED IN ACCORDANCE WITH THE FREE WILL & CONSENT OF THE SABAH & SARAWAK PEOPLE FREE FROM EXTERNAL COERCION?
Prof James Chin's analysis
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OUR COMMENTS:
The general view of analysts has been that the governments of 5 countries came together to negotiate and set up Malaysia in 1962-1963.
This uncritical narration of the events rests on the assumption that Malaysia was a legitimate creation. In doing so, this approach fails to examine whether the whole process of "Malaysia formation" was legitimate.
All international treaties or agreements are governed by international law and must be made in compliance with its principles and rules.
It is an established principle of international law that only sovereign independent states have the capacity or power to make treaties. This rule is codified by Articles 1 and 6 pf the Vienna Conventions on the Law of Treaties 1969 (VCLT).
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