KONFLIK NEGARA-NEGARA ASEAN DAN CHINA TERHADAP KEPULAUAN SPRATLY

Ady, Muzwardi (2016) KONFLIK NEGARA-NEGARA ASEAN DAN CHINA TERHADAP KEPULAUAN SPRATLY. In: SEMINAR NASIONAL PERBATASAN DAN KEMARITIMAN, 26 SEPTEMBER 2016, TANJUNGPINANG KEPULAUAN RIAU.

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Abstract

Today’s regional security in Asia Pasific is very dynamic. Mutual territorial claims in the South China Sea area. many countries have claims to territory in the South China Sea. China, Brunei, Malaysia, the Philippines, Vietnam and self-ruled Taiwan all claiming sovereignty over the whole or part of several island chains and nearby waters. They have competing territorial and jurisdictional claims, particularly over rights to exploit the region’s possibly extensive reserves of oil and gas. China (PRC) claims by far the largest portion of territory - an area defined by the “nine-dash line” which stretches hundreds of miles south and east from its most southerly province of Hainan. The Paracel and Spratly island chains were regarded as integral parts of the Chinese nation, and in 1947 it issued a map detailing its claims. It showed the two island groups falling entirely within its territory. Some countries have argued that China should negotiate with Asean (the Association of South East Asian Nations) but The Philippines initiates proceedings against the PRC under Annex VII to UNCLOS. The Notification and Statement of Claim outlines the Philippines’ grievances against China and legal base for its claims, as well as discusses the nature of the various maritime features in question. It states that the Philippines is seeking a ruling that declares that claims in in the South China Sea must comport with UNCLOS, which would invalidate China’s ninedash line; classifies maritime features occupied by China as rocks, low tide elevations, or submerged banks, but not islands; and declares the Philippines’ right to operate inside of its exclusive economic zone (EEZ) and continental shelf as outlined by UNCLOS without Chinese harassment The unanimous ruling of the Permanent Court of Arbitration (the “PCA” or “Tribunal”) in the dispute between the Philippines and China is a landmark decision under the United Nations Law of the Sea Convention (UNCLOS) and represents a strong rebuke of China’s expansive claims to maritime territory in the South China Sea. The PCA’s ruling serves not only as a technical legal decision, binding on the parties – China and the Philippines, but also as a broader message concerning the peaceful settlement of disputes in the South China Sea pursuant to a rules-based international order.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Sovereignty, Territorial, Exclusive Economic Zone (EEZ)
Subjects: J Political Science > JQ Political institutions Asia
Division: Fakultas Ilmu Sosial dan Politik > Program Studi Sosiologi
Depositing User: PROSIDING SEMINAR NASIONAL PERBATASAN DAN KEMARITIMAN
Date Deposited: 09 Jan 2018 02:29
Last Modified: 09 Jan 2018 02:29
URI: http://repository.umrah.ac.id/id/eprint/28

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