THE HISTORICAL DEVELOPMENT OF THE LAW OF THE SEA IN MALAYSIA MOHD HAZMI BIN MOHD RUSLI (Ph.

D) Ahmad Ridhwan bin Abd Rani Faculty of Syariah and Law Universiti Sains Islam Malaysia Abstract Port kingdoms have flourished in various parts of the Malay Peninsula and the Malay Archipelago since the third century AD, beginning with Langkasuka, the kingdom of Srivijaya and the Sultanate of Malacca. Commercial trade by sea route have been integral lifelines for the economic survivals of these kingdoms. Beginning 1511, this region faced a long period of colonisation, beginning with the Portuguese, the Dutch, the Japanese and the British colonial rule. During these colonial expansion that the preliminary maritime boundaries between Malaysia and the other neigbouring countries were drawn. Upon independence, Malaysia inherited these colonial boundaries, and the freedom of seas practiced in the past kingdoms were no longer viable for application. This article hence discusses the historical development of the concept of mare liberum and mare clausum, from the pre-colonial era up to the era of modern Malaysia. This article examines the notion of mare liberum and mare clausum which was believed to be originated from Europe and how this concept eventually became the pioneering concept in the development of the Law of the Sea. This article concludes by contending that the Law of the Sea is important for Malaysia, being a country so associated with sea trade.