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.

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.

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 Review of International Law (Lex Specialis) on the Problems of the South China Sea (SSS) Boundary Conflict and the View of Indonesia's Diplomacy

2021 ◽  
pp. 153-174
Author(s):  
Yohanes Firmansyah ◽  
Yana Sylvana ◽  
Hanna Wijaya ◽  
Michelle Angelika S
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Geographical Area ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Brunei Darussalam ◽  
Boundary Conflict

The South China Sea (SCS) is a geographical area that is rich in natural resources such as crude oil and is a very strategic area of ​​the economy. The SCS is surrounded by several littoral states which cause conflicts between coastal countries over the right to power over South China. There are at least 9 countries conflicting with each other in the SCS, such as the People's Republic of China (PRC), Taiwan, Malaysia, Vietnam, the Philippines, Brunei Darussalam, Burma and Indonesia. The problem became even more serious when the Declaration of Decision of the International Court of Justice or the Permanent Court of Arbitration (PCA) as the highest international institution was opposed by China because it was considered detrimental and weakening China's power. This research aims to specifically discuss the geographical position of the SCS and international law (especially UNCLOS), diplomacy issues in the maritime sector, how to regulate sea areas according to international law and disputes that occur in the SCS and the role of Indonesian diplomacy in responding to the decision of the Permanent Court of Arbitration (PCA)  

scholarly journals Indonesia’s Response in the South China Sea Disputes: A comparative analysis of the Soeharto and the post-Soeharto era

2015 ◽  
Vol 3 (1) ◽  
pp. 1 ◽  
Author(s):  
Derry Aplianta
Keyword(s):  
World War Ii ◽  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Brunei Darussalam ◽  
Honest Broker ◽  
Historical Factors

Before it developed into a dispute among China and Southeast Asian nations, the South China Sea has been disputed long before it became what it is today. The post-World War II era brought a fresh start to a new chapter of dispute, as China, Taiwan, Vietnam, the Philippines, Malaysia, and Brunei Darussalam laid their claims one by one. This study contends that under Suharto’s iron fist rule, Indonesia’s interest to the South China Sea dispute grew from maintaining Indonesia’s territorial integrity to maintaining domestic stability. The former took shape after being threatened by China’s map which claimed a part of the former’s territorial waters, while the later grew in through establishing deeper trade cooperation with China. Despite the half-hearted normalization with China, Indonesia managed to establish a track-two forum for parties involved in the South China Sea dispute, which is later proven to be instrumental. Under President Yudhoyono, Indonesia gradually played its initial role from a passive into an active honest broker, which brought improvements to the process. This research attempts to show that constraint to Indonesia’s role in the South China Sea dispute originates from both the ideological and historical factors. Indonesia’s long-running ideological constraints set its priorities to its interest to the dispute, while its foreign policy doctrine serves as a pragmatic means to achieve its goals of interests. Indonesia’s past relationship with China also played a part in influencing Indonesia’s response which later evolved as the relations went through ups and downs. Moreover, the unclear integration process of ASEAN sets the task of the honest broker became a one-country-show for Indonesia.

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