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 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 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.

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.

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 Interannual Variation of the Late Spring–Early Summer Monsoon Rainfall in the Northern Part of the South China Sea

2011 ◽  
Vol 24 (16) ◽  
pp. 4295-4313 ◽  
Author(s):  
Tsing-Chang Chen ◽  
Wan-Ru Huang ◽  
Ming-Cheng Yen
Keyword(s):  
South China Sea ◽  
South China ◽  
North Pacific ◽  
Interannual Variation ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Northern Vietnam ◽  
The North ◽  
The North Pacific

Abstract Major rainfall (≥60%) in the northern part of the South China Sea (between North Vietnam and Taiwan) during May–June (the mei-yu season—the first phase of the Southeast–East Asian monsoon) is produced by rainstorms originating over the northern Vietnam–southwestern China region and the northern part of the South China Sea. As observed in this study, the occurrence frequency of rainstorms and rainfall contribution by these rainstorms undergoes a distinct interannual variation, in-phase with those of monsoon westerlies in northern Indochina and sea surface temperature (SST) anomalies over the NOAA Niño-3.4 region ΔSST (Niño-3.4). This in-phase relationship between monsoon westerlies and the ΔSST (Niño-3.4) anomalies is a result of the filling (deepening) of the subtropical Asian continental thermal low in response to the ΔSST (Niño-3.4) warm (cold) anomalies. Accompanied with this response is a slight southward (northward) shift of the North Pacific convergence zone (NPCZ), which extends from southern China to the North Pacific east of Japan. Thus, a favorable environment that meets the Charney–Stern instability criterion in initiating rainstorm genesis is enhanced (suppressed) by the intensification (weakening) of the monsoon shear flow formed by the midtropospheric northwesterly flow around the northeast periphery of the Tibetan Plateau and the monsoon westerlies. The meridional shift of the NPCZ established an elongated anomalous convergence (divergence) zone of water vapor flux along rainstorm tracks to increase (reduce) the rain-producing efficiency of rainstorms. Consequently, this interannual rainfall variation between northern Vietnam and Taiwan is primarily caused by rainstorm genesis and rain-producing efficiency.

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