Malaysia

Reservations:

“(a) Pursuant to Article 66, paragraph 3 of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 66, paragraph 2 of the Convention; and
(b) The Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 66, paragraph 2 of the Convention or any other procedure for arbitration.”

Reservation

“1. (a) Pursuant to Article 15, paragraph 3 of the Protocol, the Government of Malaysia declares that it does not consider itself bound by Article 15, paragraph 2 of the Protocol ; and
(b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 15, paragraph 2 of the Protocol or any other procedure for arbitration.”

Declarations:

"(a) Pursuant to Article 35, paragraph 3 of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 35, paragraph 2 of the Convention, and
(b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 35, paragraph 2 of the Convention or any other procedure for arbitration."

“1. The Government of Malaysia declares that the words ‘any representation’ in article 2 paragraph (c), shall be interpreted to mean ‘any visual representation’.
2. The Government of Malaysia understands that article 3 paragraph (1)(a)(ii) of the said Optional Protocol is applicable only to States Parties to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at the Hague on 29 May 1993.”

“Pursuant to article 3 paragraph 2 of the said Optional Protocol, the Government of Malaysia declares that the minimum age for a person to voluntarily enlist in its armed forces is at the age of seventeen and a half years. This enlistment shall be realised on the basis of deliberative consent of parents or guardians, upon the provision of full information regarding the general conditions of the engagement to be entered, and the production of a certified copy of an entry in the register of births verifying the enlistee’s age.”

Declarations:

“1. The Government of Malaysia understands the phrase “Military forces of a State” in Article 1 (4) of the Convention to include the national contingents of Malaysia operating as part of United Nations forces.
2. .....
3. The Government of Malaysia understands Article 8 (1) of the Convention to include the right of the competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws.
4. (a) Pursuant to Article 20 (2) of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 20 (1) of the Convention; and
(b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 20 (1) of the Convention or any other procedure for arbitration.”

Reservation:

"The Government of Malaysia accepts the provisions of the Convention on the Rights of the Child but expresses reservations with respect to articles 2, 7, 14, 28 paragraph 1 (a) and 37, of the Convention and declares that the said provisions shall be applicable only if they are in conformity with the Constitution, national laws and national policies of the Government of Malaysia."
19 July 2010

Declaration :

"With respect to article 28 paragraph 1 (a) of the Convention, the Government of Malaysia wishes to declare that with the amendment to the Education Act 1996 in the year 2002, primary education in Malaysia is made compulsory. In addition, the Government of Malaysia provides monetary aids and other forms of assistance to those who are eligible."

Declaration:

"The Government of Malaysia does not consider itself bound by paragraphs 2 and 3 of article 32 of the said Convention, wherein if there should arise between two or more Parties a dispute and such dispute cannot be settled in the manner prescribed in paragraph 1 of article 32 of the Convention, Malaysia is not bound to refer the dispute to the International Court of Justice for decision.”

Declarations:

"1. The Malaysian Government is not bound by any domestic legislation or by any declaration issued by other States upon signature or ratification of this Convention. Malaysia reserves the right to state its positions concerning all such legislations or declarations at the appropriate time, in particular the maritime claims of any other State having signed or ratified the Convention, where such claims are inconsistent with the relevant principles of international laws and the provisions of the Convention on the Law of the Sea and which are prejudicial to the sovereign rights and jurisdiction of Malaysia in its maritime areas.
2. The Malaysian Government understands that the provisions of article 301 prohibiting `any threat or use of force against the territorial integrity of any State, or in other manner inconsistent with the principles of international law embodied in the Charter of the United Nations' apply in particular to the maritime areas under the sovereignty or jurisdiction of the coastal state.
3. The Malaysian Government also understands that the provisions of the Convention do not authorize other States to carry out military exercises or manoeuvres, in particular those involving the use of weapon or explosives in the exclusive economic zone without the consent of the coastal state.
4. In view of the inherent danger entailed in the passage of nuclear-powered vessels or vessels carrying nuclear material or other material of a similar nature and in view of the provision of article 22, paragraph 2, of the Convention on the Law of the Sea concerning the right of the coastal State to confine the passage of such vessels to sea lanes designated by the State within its territorial sea, as well as that of article 23 of the Convention, which requires such vessels to carry documents and observe special precautionary measures as specified by international agreements, the Malaysian Government, with all of the above in mind, requires the aforesaid vessels to obtain prior authorization of passage before entering the territorial sea of Malaysia until such time as the international agreements referred to in article 23 are concluded and Malaysia becomes a party thereto. Under all circumstances, the flag State of such vessels shall assume all responsibility for any loss or damage resulting from the passage of such vessels within the territorial sea of Malaysia.
5. The Malaysian Government also wishes to reiterate the statement relating to article 233 of the Convention in its application to the Straits of Malacca and Singapore which has been annexed to a letter dated 28th April 1982 transmitted to the President of UNCLOS III and as contained in Document A/CONF.62/L 145, UNCLOS III Off.Rec., vol. XVI, p. 250-251.
6. The ratification of the Convention by the Malaysian Government shall not in any manner affect its rights and obligations under any agreements and treaties on maritime matters entered into to which the Malaysian Governrment is a party.
7. The Malaysian Government interprets article 74 and article 83 to the effect that in the absence of agreement on the delimitation of the exclusive economic zone or continental shelf or other maritime zones, for an equitable solution to be achieved, the boundary shall be the median line, namely a line every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of Malaysia and of such other States is measured.
Malaysia is also of the view that in accordance with the provisions of the Convention, namely article 56 and article 76, if the maritime area is less or to a distance of 200 nautical miles from the baselines, the boundary for continental shelf and exclusive economic zone shall be on the same line (identical).
8. The Malaysian Government declares, without prejudice to article 303 of the Convention of the Law of the Sea, that any objects of an archeological and historical nature found within the maritime areas over which it exerts sovereignty or jurisdiction shall not be removed, without its prior notification and consent."

Reservations:

...The Government of Malaysia declares that Malaysia’s accession is subject to the understanding that the provisions of the Convention do not conflict with the provisions of the Islamic Sharia’ law and the Federal Constitution of Malaysia. With regard thereto, further, the Government of Malaysia does not consider itself bound by the provisions of articles 9 (2), 16 (1) (a), 16 (1) (c), 16 (1) (f) and 16 (1) (g) of the aforesaid Convention.
Declaration :In relation to article 11 of the Convention, Malaysia interprets the provisions of this article as a reference to the prohibition of discrimination on the basis of equality between men and women only.”

Declarations and reservation:

"1. The Government of Malaysia understands the phrase ‘preliminary inquiry into the facts' in Article 6 (1) of the Convention to mean a reference to the criminal investigation by the relevant law enforcement authority before a decision is made whether to institute a prosecution against the alleged offender for the offences under the Convention. 2. The Government of Malaysia understands Article 8 (1) of the Convention to include the right of the competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws. 3. (a) Pursuant to Article 16 (2) of the Convention, the Government of Malaysia declares that it does not consider itself bound by article 16 (1) of the Convention; and (b) The Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 16 (1) of the Convention or any other procedure for arbitration."

Declarations:

"1. The Government of Malaysia understands the phrase "alleged offender" in Article 1(2) of the Convention to mean the accused.
2. The Government of Malaysia understands the phrase "or other attack" in Article 2(1)(a) of the Convention to mean acts that are recognized as offences under its domestic laws.
3. The Government of Malaysia understands Article 7 of the Convention to include the right of the competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws.
4. (a) Pursuant to Article 13(2) of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 13(l) of the Convention; and
(b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 13(l) of the Convention or any other procedure for arbitration."

"The Government of Malaysia declares that it retains for itself the right to tax salaries and emoluments paid."

Declaration:

The Government of Malaysia will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. Malaysia further declares that it will apply the Convention only to differences arising out of legal relationships, whether con-tractual or not, which are considered as commercial under Malaysian law.

Reservation:

"That with reference to article IX of the Convention, before any dispute to which Malaysia is a party may be submitted to the jurisdiction of the International Court of Justice under this article, the specific consent of Malaysia is required in each case."
Understanding:

"That the pledge to grant extradition in accordance with a state's laws and treaties in force found in article VII extends only to acts which are criminal under the law of both the requesting and the requested state."

"In accepting the Convention of the Inter-Governmental Maritime Consultative Organization, the Government of Malaysia declares that any measures which she may adopt for giving encouragement or assistance to her national shipping industries (for instance, such as loan financing of national shipping companies at reasonable or even concessional rates of interest or the allocation to Malaysian cargo ships owned or controlled by the Malaysian Government, or the reservation of coastal trade for national shipping) and such other matter as she may adopt with the object of promoting the development of her own national shipping, are consistent with the purposes of the Inter-Governmental Maritime Consultative Organization as defined in article 1 (b) of the Convention. Accordingly any recommendations relating to this subject that may be adopted by the Organization will be re-examined by the Government of Malaysia. The Government of Malaysia further expressly states that her acceptance of the above-mentioned Convention neither has nor shall have the effect of altering or modifying in any way the law on the subject in force in Malaysia."