scholarly journals Dinamika Sikap Tiongkok Atas Putusan Mahkamah Arbitrase Tetap Internasional Nomor 2013-19 dan Pengaruhnya terhadap Indonesia

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 27
Author(s):  
Ayu Megawati ◽  
Gautama Budi Arundhati
Keyword(s):  
South China Sea ◽  
Southeast Asia ◽  
South China ◽  
The Philippines ◽  
Republic Of China ◽  
China Sea ◽  
Brunei Darussalam ◽  
The People ◽  
Territorial Claims ◽  
Territorial Status

The Conflict in South China Sea involves several countries in Southeast Asia, such as the Philippines, Vietnam, Malaysia, Brunei Darussalam, and Indonesia. It is dealt with the rights of ownership, as a result of the People Republic of China (PRC) to unveil nine-dashed line which partially claims over South China Sea. But, it is followed by other countries to release new evidences on the territorial status of South China Sea. Though the Permanent Court of Arbitration had decided the petition of the Philippines in 2013, PRC could not admit the Arbitration. Essentially, Indonesia is not directly involved as a party in the case. But as the evidence provided by PRC, Natuna Islands is part of nine-dashed line in which it asserts that such islands are regarded part of PRC. As a result, Indonesia needs to anticipate on the further potential contention of territorial claims as it has islands around the South China Sea. Keywords: South China Sea Dispute, Permanent Court of Arbitration

scholarly journals Interpretasi Perjanjian Internasional Terkait Historical Rights Dalam UNCLOS 1982

Jurnal Selat ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 154-171
Author(s):  
Ninne Zahara Silviani
Keyword(s):  
South China Sea ◽  
South China ◽  
Secondary Data ◽  
The Philippines ◽  
Legal Basis ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
Brunei Darussalam ◽  
Asean Country

People’s Republic of China with 9-dash-lines designed in 1947, claimed almost 90% of the South China Sea’s Area. Generally known the line not only overlapping in one Asean Country but five other countries which, The Philippines, Indonesia, Malaysia, Vietnam and Brunei Darussalam. The Philippines took its fight over its territory to the Permanent Court of Arbitration, Den Haag in 2013. In 12th July 2016, Permanent Court of Arbitration Award declared that China has no legal basis for claiming territorial waters in the South China Sea. Yet, the PRC does not accepted the Award. PRC denied the decision due to the PRC’s interpretation to UNCLOS 1982 regulation and declared their sovereignty across the archipelagic islands in South China Sea by historical reasons. A Similar disputes was happen between Mauritius v. United Kingdom in 2010-2015 due to the Maritime Protected Area in Chagos Islands on Indian Ocean whose claimed by Mauritius because of historical reasons. This article will examine how VCLT 1969 reacted to the violation of UNCLOS 1982 which known as a package deal in accordance to regulate the sovereignty of water territory. This article is a normative legal research with secondary data, which obtained from library study descriptively.

scholarly journals BANDWAGONING BRUNEI DARUSSALAM TERHADAP REPUBLIK RAKYAT CINA PADA TAHUN 2018 DALAM KONFLIK LAUT CINA SELATAN

2020 ◽  
Vol 4 (1) ◽  
pp. 1-24
Author(s):  
Yehuda Purwantoro
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Power Capacity ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
Brunei Darussalam ◽  
Capacity Measure

Abstract The South China Sea dispute involves People’s Republic of China (PRC) against Vietnam, Malaysia, Philippines, Indonesia, and Brunei Darussalam. The South China Sea Dispute was caused by claimant state and nine dashed line which made by PRC. Instead of resist, Brunei Darussalam in South China Sea Conflict took considerable different gesture other than the rest belligerent parties like Vietnam, Malaysia, Philipines, and Indonesia. Brunei did not show any resistance to PRC regarding territorial claimants and instead cooperates with Asian giants controversial move. Brunei Darussalam took a stand by bandwagoning against the PRC. Brunei’s behaviour was identified by Balance of Threat theory by Stephen Walt. As a result, there is a very unbalanced capability and power capacity measure between the combined power capacity of Brunei Darussalam, Vietnam, Malaysia, the Philippines, and Indonesia with PRC. It made worse by the Brunei’s economic crisis. Keywords: south china sea; brunei darussalam; people republic of china; bandwagoning. Abstrak Konflik Laut Cina Selatan melibatkan Republik Rakyat Cina (RRC) dengan Vietnam, Malaysia, Filipina, Indonesia, dan termasuk Brunei Darussalam. Konflik Laut Cina Selatan disebabkan oleh claimant state dan pembuatan sembilan garis putus-putus (nine dashed line) secara sepihak oleh RRC. Dalam menyikapi agresifitas RRC yang mengklaim wilayahnya di Laut Cina Selatan, Brunei Darussalam mengambil sikap yang berbeda dibanding yang dilakukan oleh Vietnam, Malaysia, Filipina, dan Indonesia. Brunei Darussalam mengambil sikap dengan tidak menentang klaim RRC  dan melakukan bandwagoning terhadap RRC. Sikap bandwagoning yang dilakukan Brunei Darussalam disebabkan oleh tiga kondisi negara dan empat faktor ancaman dalam teori Balance of Threat Stephen Walt, dimana ukuran kapabilitas dan kapasitas kekuatan yang sangat tidak berimbang antara Brunei Darussalam, Vietnam, Malaysia, Filipina, dan Indonesia dengan RRC , bahkan jika kekuatan lima negara tersebut digabungkan. Kondisi tersebut ditambah dengan krisis ekonomi yang dialami Brunei Darussalam sehingga bandwagoning dianggap sebagai pilihan yang rasional. Kata Kunci: laut cina selatan; brunei darussalam; republik rakyat cina; bandwagoning.

An International Law Perspective on Insular Features (Islands) and Low-tide Elevations in the South China Sea

2017 ◽  
Vol 32 (2) ◽  
pp. 298-315 ◽  
Author(s):  
Ted L McDorman
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
The Law

The numerous insular features (islands/rocks) and low-tide elevations (reefs, shoals, etc.) within the South China Sea have long been the centre of attention and dispute involving Brunei, China (the People’s Republic of China and the Republic of China (Taiwan)), Malaysia, the Philippines, and Vietnam. This contribution focuses on said maritime features from the perspective of the law of the sea. A general overview is provided of the international legal rules that apply to islands, rocks and low-tide elevations with reference to the United Nations Convention on the Law of the Sea, customary international law and international adjudications. The article then examines what the littoral states have said and done respecting the insular features in the South China Sea and offers some reflections in the context of the Philippine-China arbitration.

The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea

2013 ◽  
Vol 107 (1) ◽  
pp. 142-163 ◽  
Author(s):  
Robert Beckman
Keyword(s):  
South China Sea ◽  
South China ◽  
Legal Framework ◽  
The Philippines ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
Brunei Darussalam ◽  
The Law

The UN Convention on the Law of the Sea (UNCLOS) establishes a legal framework to govern all uses of the oceans. All of the states bordering the South China Sea—Brunei Darussalam, China, Indonesia, Malaysia, the Philippines, and Vietnam—are parties to UNCLOS. Taiwan, which also borders the South China Sea, has taken steps to bring its legislation into conformity with UNCLOS.

scholarly journals Dinamika Persenjataan di Asia Tenggara, 2010-2015

2017 ◽  
Vol 6 (1) ◽  
pp. 17
Author(s):  
Iwan Sulistyo
Keyword(s):  
South China Sea ◽  
Southeast Asia ◽  
South China ◽  
Reaction Model ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Territorial Conflict ◽  
Military Capability ◽  
China Sea

States, however, are still the main actors in International Relations. Although the Cold War had formally ended in 1991, as a matter of fact, the military competition still exists, including at the regional level. This article attempts to analyze the arms dynamic in Southeast Asia during the 2010-2015 periods. By using three models – action-reaction model, the domestic structure model, and the technological imperative – simultaneously and analyzing the data published by both the IISS and SIPRI, this study shows that conflict in the South China Sea had been the primary motive of several countries in increasing their military spending and enhancing their military capabilities, both qualities as well as quantities. Several countries accelerating their military strength had been Singapore, Malaysia, Vietnam, the Philippines, Myanmar, Thailand, and Indonesia. However, Singapore had been the leading actor that has significant efforts in strengthening its military power. Relizing the difficulty to identify the actual motives of these several countries enlarging their hard power, the author argues that, within this arms dynamic, there is also a possibility or even the long-term tendency in terms of arms race as long as these major actors that relates directly to the South China Sea territorial conflict are not able carefully to maintain their security dilemma and perceived threats.  Kata Kunci: Arms dynamic, Southeast Asia, military capability

China and the South China Sea “Lawfare”

2016 ◽  
Vol 52 (02) ◽  
pp. 1650008 ◽  
Author(s):  
ANNE HSIU-AN HSIAO
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
Strategic Role ◽  
Dual Images ◽  
The One

The strategic values of the South China Sea had long been recognized. More recently, the South China Sea has once again become an international flashpoint, as disputes take place in the context of a rising and perceived more assertive People’s Republic of China (China) vis-à-vis a relatively declining US that seeks to retain its influence and interests in East Asia. This paper tries to illustrate the growing strategic role of international law in the geopolitics of the South China Sea at play — a subject matter that has so far been less explored — and to assess how the intensified legal maneuvers, or “lawfare” between China on the one hand, and other South China Sea claimants as well as the US on the other, reflect China’s attitude toward the South China Sea dispute and may impact upon the peace and security in the region. It concludes that the “lawfare” since 2009, especially the South China Sea arbitration proceedings initiated by the Philippines, may have not only increased the uncertainties of China’s behavior and China–US relations, but also made the situations in both East and South China seas more complicated. Moreover, China’s responses in the “lawfare” also suggest that China has become more “rule-of-law oriented” as well as hegemonic. The dual images of China raise some uncertainty as to how the South China Sea disputes might eventually be resolved.

Sign in / Sign up

Export Citation Format

Share Document