scholarly journals Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region?

2020 ◽  
Author(s):  
Joanna Mossop
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Fishing Rights ◽  
Political Will ◽  
China Sea ◽  
Legal Mechanism ◽  
Traditional Fishing ◽  
Key Questions

Disputes over territorial sovereignty have motivated states to take confrontational positions in respect of vessels from other states fishing in areas around disputed features in the South China Sea. This article suggests that the doctrine of traditional fishing rights, as expressed in the South China Sea Arbitral Award, could provide a legal mechanism that allows states to cooperate on fisheries management without compromising their sovereign claims. However the Tribunal’s conclusions on traditional fishing left a number of key questions unresolved that would need to be subject to further negotiation. There are considerable practical obstacles, especially a lack of political will, that would probably prevent such an agreement from coming to fruition. Nevertheless, this article provides an assessment of a potential option that could be used to foster cooperative fishing arrangements in a particularly contested maritime space.

scholarly journals Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region?

2018 ◽  
Vol 3 (2) ◽  
pp. 210-231
Author(s):  
Joanna Mossop
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Fishing Rights ◽  
Political Will ◽  
China Sea ◽  
Legal Mechanism ◽  
Traditional Fishing ◽  
Key Questions

Disputes over territorial sovereignty have motivated states to take confrontational positions in respect of vessels from other states fishing in areas around disputed features in the South China Sea. This article suggests that the doctrine of traditional fishing rights, as expressed in the South China Sea Arbitral Award, could provide a legal mechanism that allows states to cooperate on fisheries management without compromising their sovereign claims. However the Tribunal’s conclusions on traditional fishing left a number of key questions unresolved that would need to be subject to further negotiation. There are considerable practical obstacles, especially a lack of political will, that would probably prevent such an agreement from coming to fruition. Nevertheless, this article provides an assessment of a potential option that could be used to foster cooperative fishing arrangements in a particularly contested maritime space.

scholarly journals Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region?

2020 ◽  
Author(s):  
Joanna Mossop
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Fishing Rights ◽  
Political Will ◽  
China Sea ◽  
Legal Mechanism ◽  
Traditional Fishing ◽  
Key Questions

Disputes over territorial sovereignty have motivated states to take confrontational positions in respect of vessels from other states fishing in areas around disputed features in the South China Sea. This article suggests that the doctrine of traditional fishing rights, as expressed in the South China Sea Arbitral Award, could provide a legal mechanism that allows states to cooperate on fisheries management without compromising their sovereign claims. However the Tribunal’s conclusions on traditional fishing left a number of key questions unresolved that would need to be subject to further negotiation. There are considerable practical obstacles, especially a lack of political will, that would probably prevent such an agreement from coming to fruition. Nevertheless, this article provides an assessment of a potential option that could be used to foster cooperative fishing arrangements in a particularly contested maritime space.

scholarly journals Klaim Republik Rakyat China atas Zona Ekonomi Ekslusif Indonesia

SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 392
Author(s):  
Efie Baadilla
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Conceptual Approach ◽  
Fishing Rights ◽  
China Sea ◽  
The North ◽  
Dash Line ◽  
Traditional Fishing

The South China Sea is a strategic marine area and contains both living and non-living natural resources. The purpose of this paper is to analyze China's claim to Indonesia's ZEE in the South China Sea, which is known to Indonesia as the North Natuna Sea. China's claim to the Nine dash line in the South China Sea has had an impact on Indonesia and several countries. The research method uses normative research with a statute approach and a conceptual approach. The results of his study show that the recent conflict between Indonesia and China in the South China Sea has brought about a new conflict between the two countries even though Indonesia has so far not considered a problem. In fact, the application of the nine dash line as Traditional fishing grounds was not known in UNCLOS 1982, but the concept known was Traditional fishing rights. Indonesia has sovereignty and sovereign rights over North Natuna waters based on UNCLOS, for this reason, Indonesia needs to continue to carry out exploitation and exploration activities, supervision and legal action to guarantee the sovereign rights of the State.

scholarly journals Indonesia’s Image from China’s Perspective on South China Sea Dispute (A Preliminary Study on China’s Perception on Indonesia)

2019 ◽  
Vol 21 (2) ◽  
pp. 176
Author(s):  
Ardina Kartikasari
Keyword(s):  
South China Sea ◽  
South China ◽  
Analytical Framework ◽  
The South China Sea ◽  
Cultural Dimensions ◽  
Fishing Ground ◽  
The South ◽  
China Sea ◽  
Preliminary Study ◽  
Traditional Fishing

This paper discusses the image of Indonesia in the eyes of China on the South China Sea (SCS) dispute. China circulated the map of Nine-dotted lines in 1993 and since then China has behaved ambiguously towards Indonesia as the dotted lines encompasses some part of Indonesia’s North Natuna waters. China insists two countries have overlapping interests over some of Indonesia’s Natuna Exclusive Economic Zone which China claims as it traditional fishing ground. China, however recognizes Indonesia’s sovereignty over the Natuna Islands and has been cautious when dealing with Indonesia on the Natuna issue. This behavior continues until the last three incidents occurred in Natuna waters in 2016. Although there are many studies on the South China Sea dispute and China’s policy towards Indonesia, few if any of them discuss specifically on China’s perspective towards Indonesia.  Adopting image theory as an analytical framework, this paper figures Indonesia’s image on the eyes of China, which then shaped China’s perception toward Indonesia on SCS dispute. The main argument in this paper is China captures Indonesia’s image as an ally image. In this image, Indonesia is seen as an actor who can work together, has similar capabilities and cultural dimensions with China.

Beijing Raising the Ante in the Natunas: The Next Flash Point in the South China Sea?

2021 ◽  
pp. 097492842110272
Author(s):  
Munmun Majumdar
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Potential Conflict ◽  
China Sea ◽  
Fishing Vessels ◽  
Dash Line ◽  
United Nations Convention ◽  
Traditional Fishing

China’s nine-dash line or U-shape line claim in the South China Sea overlaps with Indonesia’s 200 nautical miles exclusive economic zone (EEZ). There have been several instances where Jakarta and China have entered into skirmishes involving fishing vessels in the Natuna area. The latest encroachment by China into Indonesian Natuna EEZ witnessed a departure of China’s justification for such action when it argued that it has sovereignty over the Nansha (Spratly) Islands and also sovereign rights over relevant waters near the Nansha Islands. Jakarta rejected both the arguments and insisted that under United Nations Convention for the Law of the Sea (UNCLOS) China does not have legal basis to claim either traditional fishing grounds or parts of the Natuna waters and invoked the 2016 UN Arbitral Tribunal’s ruling to back its position. This article examines Indonesia’s response vis-à-vis China and argues that with the rise of nationalism over ownership of the Natunas it is likely to progress into an area of potential conflict between Indonesia and China.

Regional Customary International Law Related to China’s Historic Rights in the South China Sea

2019 ◽  
Vol 7 (2) ◽  
pp. 262-276
Author(s):  
Chenhong Liu
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Fishing Rights ◽  
Customary International Law ◽  
Law System ◽  
China Sea ◽  
United Nations Convention

Abstract In the customary international law system, there exist general customary international law and regional customary international law. Based on the general practice and opinio juris of the States surrounding the South China Sea, China’s historic rights which conclude historic title to all the maritime features in the South China Sea, and historic fishing rights and navigational rights, are regulated by regional customary international law. Due to the parallel relationship between this regional customary international law and the United Nations Convention on the Law of the Sea (UNCLOS), China’s historic rights should co-exist with the rights regulated by UNCLOS.

China’s Claim on Traditional Fishing Grounds Located in the South China Sea

2020 ◽  
Vol 50 (3) ◽  
pp. 243-250
Author(s):  
Intan Novia Putri ◽  
Dina Sunyowati ◽  
Enny Narwati
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
Fishing Ground ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
The Government ◽  
Traditional Fishing

The government of the People’s Republic of China (PRC) has strongly protested Indonesian fishing in the South China Sea, stating that it considered these waters to be a traditional Chinese fishing area. In fact, however, the area in question is within the Exclusive Economic Zone (EEZ) of Indonesia. This study aims to determine whether the determination of the boundaries of that EEZ was in accordance with the rights and obligations of Indonesia. The research method used was a normative law research, applying statutory and conceptual approaches. This article determines that a State’s right within its EEZ is a sovereign right and that the claims of the traditional fishing ground of the South China Sea is not justifiable, from the perspective of international maritime law. The term “traditional fishing ground” is not used in the United Nations Convention on the Law of the Sea. The determination of fishing rights in a country’s territorial waters or EEZ should be based on license by the State that has declared the EEZ. This analysis concludes that China’s claims to the South China Sea as a traditional fishing ground has no legal basis. It also states that where a coastal country’s EEZ includes a sea border with another country, the two should negotiate a bilateral agreement in accordance with applicable international law and make a commitment to mutual understanding and cooperation.

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