scholarly journals Analisis Putusan Permanent Court of Arbitration Terhadap Klaim Nine Dash Line: Studi Kasus Klaim Wilayah Natuna Utara

2021 ◽  
Vol 1 (2) ◽  
pp. 243-261
Author(s):  
Febriyansyah Rahmat Maulana ◽  
Rahayu Repindowaty
Keyword(s):  
Dash Line

Tujuan penelitian ini adalah menganalisis putusan Permanent Court of Arbitrationmengenai klaim “Nine Dash Line” milik Tiongkok dan strategi terbaik Indonesia dalam mengatasi pengklaiman wilayah di perairan Natuna. Dalam penelitiannya, penelitian ini menggunakan metode kualitatif dengan mengambil berbagai data dan sumber yang akan diverifikasi. Skripsi ini berisi tentang klaim Tiongkok tentang “Nine Dash Line” di wilayah Kepulauan Natuna yang tumpang tindih dengan wilayah Zona Ekonomi Eksklusif (ZEE) Indonesia. Klaim “Nine Dash Line” Tiongkok ini sudah berlarut-larut selama beberapa tahun dan menjadi masalah serius di kawasan Laut China Selatan. Dalam konflik tersebut peneliti mengungkapkan bahwa Indonesia memiliki berbagai rencana, upaya dan sikap agar wilayah kedaulatan Republik Indonesia tetap terjaga.Putusan dari Permanent Court of Arbitration mengatakan bahwa klaim Tiongkok mengenai “Nine Dash Line” terbantahkan dan tidak memiliki dasar hukum. Akan tetapi Tiongkok menolak putusan tersebut dan tetap agresif di Laut Cina Selatan sehingga berpotensi menimbulkan instabilitas kawasan Laut Cina Selatan. Hasil penelitian akan menunjukkan bahwa negara pihak yang bersengketa harus melaksanakan dan menghormati putusan Permanent Court of Arbitration tersebut karena sudah menjadi sumber hukum internasional. Putusan tersebut juga memiliki pengaruh di dalam menghadapi agresivitas Tiongkok dan pengaturan mengenai klaim maritim di kawasan Laut China Selatan.

scholarly journals Historic Rights in African State Practice

2019 ◽  
Vol 7 (2) ◽  
pp. 166-188
Author(s):  
Edwin Egede
Keyword(s):  
International Law ◽  
African State ◽  
Law Of The Sea ◽  
Legal Obligation ◽  
State Party ◽  
Customary International Law ◽  
State Practice ◽  
Dash Line ◽  
United Nations Convention ◽  
The Law

Abstract Historic rights in the law of the sea has been given prominence since the publication by China of the so-called nine-dash line map. Certain States have challenged this claim as inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS) to which China is a State Party. On the other hand, it has been argued that although historic rights claims are not comprehensively regulated by the UNCLOS they are actually governed by the principles of general international law. Consequently, this would require establishing if there is a general and consistent practice of States followed by them from a sense of legal obligation which establish historic rights claims are consistent with Customary International Law. This article explores the State Practice of African States in order to determine whether these States acknowledge and recognize historic rights claims as consistent with contemporary law of the sea.

scholarly journals China’s “Nine-dash Line” Claim: US Misunderstands

2017 ◽  
pp. 251-254
Author(s):  
Qiang Ye ◽  
Zongqiang Jiang
Keyword(s):  
Dash Line

scholarly journals Should the Diaoyu/Senkaku Islands Be Classified as Islands or Rocks? An Examination in Light of the South China Sea Arbitration Award

2019 ◽  
Vol 34 (2) ◽  
pp. 325-349
Author(s):  
Fayokemi Ayodeji Olorundami
Keyword(s):  
South China Sea ◽  
Continental Shelf ◽  
South China ◽  
Legal Status ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Dash Line ◽  
Senkaku Islands

Abstract In July 2016, an Arbitral Tribunal handed down its award in the South China Sea dispute between the Philippines and China. In addition to considering the legal status of the controversial nine-dash line, the Tribunal also provided the first judicial interpretation of Article 121 of the LOSC, thereby shedding light on what maritime features may be regarded as islands and not rocks within the meaning of that article, and therefore entitled to an exclusive economic zone (EEZ) and continental shelf. This article considers the decision reached by the Tribunal, and the views expressed in the literature, applying them to an analysis that attempts to answer whether the Diaoyu/Senkaku Islands (sovereignty over which is disputed by China and Japan) in the East China Sea would qualify as islands, and thus entitled to an EEZ and as a continental shelf, or as rocks and therefore not so entitled.

The Nine-Dash Line in the South China Sea: History, Status, and Implications

2013 ◽  
Vol 107 (1) ◽  
pp. 98-123 ◽  
Author(s):  
Zhiguo Gao ◽  
Bing Bing Jia
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
Fishing Ground ◽  
The South ◽  
China Sea ◽  
Spratly Islands ◽  
Recent Developments ◽  
Dash Line ◽  
Late Twentieth

The South China Sea has generally been a calm area of sea since ancient times. Until the late twentieth century, it had provided a fertile fishing ground for local fishermen from China and other littoral states, and a smooth route of navigation for the nations of the region and the rest of the international community. This tranquility has been disturbed, however, by two recent developments. The first was the physical occupation of the Nansha, or Spratly, Islands by some of the coastal states in the 1970s. This process continued through the rest of the century. Now, nearly all the islands and insular features within the Spratly Islands have been subjected to physical control by one littoral state or another.

scholarly journals Oleksandr Ivashutych, a student of Les Kurbas, as a universal figure in the theater of musical comedy

2020 ◽  
Vol 19 (19) ◽  
pp. 345-357
Author(s):  
Yuliia Shchukina
Keyword(s):  
Marriage Market ◽  
Early Period ◽  
Charlie Chaplin ◽  
Avant Garde ◽  
Musical Comedy ◽  
History Of ◽  
Dash Line ◽  
Set Up ◽  
First Time ◽  
Shed Light

Background. Analyzing the origins of the school of Kharkiv Academic Theater of Musical Comedy, we cannot ignore its founders. People’s Artist of the UzSSR O. Ivashutych was a director, head of the theatre (during the 1940s), drama actor from the year of its founding (1929) to 1971. Methods and novelty of the research. The research is based on historicalchronological, biographical, typological, and comparative methods with an element of performances and roles reconstruction. Not much is known about O. G. Ivashutych. The only encyclopedic reference about him (from the “Encyclopedia of Modern Ukraine”) does not shed light on the director’s method, indirectly giving an idea only of the acting range. The work of Yu. Stanishevsky (1970) on the first forty years of musical comedy theaters of Ukraine (“Colors of Ukrainian operetta”) has several useful elements of reconstructions of the roles in the early period of O. Ivashutych’s work. N. Yermakova’s (2012) monograph “The Berezil Culture…” contains facts and important assessments of O. Ivashutych’s activity as a member of the Berezil Art Association. The author of this paper has collected more than 30 articles in the funds of scientific libraries and Specialized music and theater library of Kharkiv, as well as in the archives of KhATMK, and for the first time the information about the work of O. Ivashutych is analyzed. In addition, the actresses who worked with O. Ivashutych were interviewed. Therefore, this study is the first to reveal and systematize peculiarities of the creative path of O. Ivashutych, an actor, director, head of Kharkiv Theater of Musical Comedy. The director made about 40 productions on the stage of Kharkiv Theater of Musical Comedy and in Central Asia, where he was later evacuated. As an actor, O. Ivashutych played more than 100 versatile roles. The article aims to identify and characterize the main stages of the creative path of O. Ivashutych as well as differences between his acting and directing in different aesthetic eras. Results. O. Ivashutych’s creative individuality leaned towards the tragicomedy of Charlie Chaplin and Maryan Krushelnytsky. As a student of Les Kurbas in the Berezil Art Association and a member of the director’s laboratory of this theater, Les Ivashutych mastered the method of the famous avant-garde company, Les Ivashutich mastered the stage method of the famous avant-garde company, skillfully building rhythm of a performance and a role, turning to circusize, grotesque sharpening of images. In his directing work on the stage of the Musical Comedy Theater, O. Ivashutych, as a pupil of “The Berezil”, sought to consistently develop two repertoire trends: the embodiment of the best European classics (often exclusive in the country salon repertoire) and Ukrainian works (musical comedies and operettas by M. Verykivsky, M. Lysenko, O. Riabov). In our opinion, during these years L. Ivashutych drew a dash line of the European repertoire in his theater: he presented unique in the history of Kharkiv Theater of Musical Comedy operettas “The Borgia’s Garter” by K. Kraus, “Jeanne Who Cries and Jean Who Laughs” by J. Offenbach, “Ball at the Savoy” by P. Abraham (1940), “The Marriage Market” by V. Jacobi (1947), “The Eagle Feathers” by F. Farkas (1957), “Fraskita” by F. Lehár (1959), “The Waltz King” by J. Strauss (1961) and the first productions of famous operettas “Rose Marie” by G. Stotgardt and L. Friml (1942), “The Circus Princess” (1947), “Zorika (Gypsy Love)” by F. Lehár (directed by O. Ivashutych in the year of the composer’s death). In addition, O. Ivashutych staged four performances based on the musical comedies of the classic of Ukrainian operetta O. Riabov. The only performance, which could directly reveal the methodology of “The Berezil” was a fantastic comedy “Viy” (1951). The director also impressed with frank theatricality in circus scenes from the Milyutin’s operetta “Circus lights the fires” – together with choreographer A. Gulesco he managed to set up the style related to “girls” from “The Berezil” revues. Conclusions. Olexandr Ivashutych’s acting naturally evolved from the avantgarde of the 1920s – early 1930s, when he created, in particular, an eccentric image of Orpheus in the production of J. Offenbach, to the realistically psychological roles of 1950–1960, performed in a soft comedic manner (Amadeus in “The Bat”, Rooster in “Akulini”, Underwud in “The Kiss of Cianita”). L. Ivashutych worked as a director only during the period of the theater of “socialist realism”, which resulted in the corresponding realistic principles of his productions. However, even in such circumstances the director appreciated and skillfully used bright elements of theatrical imagery (fantasticality in “Viy” by M. Gogol, choreography in the spirit of the revue in “Circus lights the fires”). O. Ivashutych’s activity in Kharkiv Theater of Musical Comedy was based on the significant personal culture of the artist and his worldview of an intelligent leader.

Circles of Steel, Castles of Vanity: The Geopolitics of Military Bases on the South China Sea

2016 ◽  
Vol 75 (4) ◽  
pp. 975-1017
Author(s):  
Alfred W. McCoy
Keyword(s):  
New York ◽  
South China Sea ◽  
South China ◽  
New York Times ◽  
The Philippines ◽  
The South China Sea ◽  
Military Bases ◽  
The South ◽  
China Sea ◽  
Dash Line

After four years of rising tensions over China's construction of military bases in the South China Sea, in July 2016 the Permanent Court of Arbitration issued a landmark decision layered with meaning, academic as well as diplomatic. “China's claims to historic rights, or other sovereign rights or jurisdiction,” wrote the panel of five judges, “with respect to the maritime areas … encompassed by the relevant part of the ‘nine-dash line’ are contrary to the Convention [on the Law of the Sea] and without lawful effect.” Writing with unambiguous clarity, the court ruled that China's dredging of these artificial islands for military bases gave it no right whatsoever to the surrounding seas and rebuked Beijing for infringing on waters that the Philippines should rightly control. China's claims to most of the South China Sea within that nine-dash line, which Beijing first published on maps at the height of the Cold War in 1953 and has pursued ever since, “were extinguished,” the court said, by the UN Convention (Gao and Jia 2013, 103–4;New York Times2016; Permanent Court of Arbitration 2016, 68–77, 116–17).

scholarly journals Re-contemplating the South China Sea Issue: Sailing with the Wind of the 21st Century Maritime Silk Road

2016 ◽  
Vol 2 (1) ◽  
pp. 63-95 ◽  
Author(s):  
Katherine Tseng Hui-yi
Keyword(s):  
South China Sea ◽  
21St Century ◽  
South China ◽  
Silk Road ◽  
The South China Sea ◽  
The South ◽  
Mutual Cooperation ◽  
China Sea ◽  
Maritime Silk Road ◽  
Dash Line

With the proposal of the 21st century Maritime Silk Road plan, China has demonstrated its willingness to connect with the rest of the world via cooperation, by sharing its development dividends. Yet, the soaring South China Sea issue possesses great potentials in dampening China’s ambitious efforts. The Maritime Silk Road plan is one example. The key is how China can conciliate its South China Sea position, which sees a territorialization trend of the dash-line claim, and the projected posture emphasizing on mutual cooperation and common prospects in the Maritime Silk Road plan. By operating the territorialized dash-line claim in an open-end manner along with subtle management tactics, the South China Sea tensions can be pacified, the Maritime Silk Road plane can also take a successful first step by delivering its words of cooperation and common prospects.

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