Journal articles on the topic 'Territorial waters South China Sea'
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1
Farida, Qurotul ‘Aini Septi. "The Conflict of South China Sea and Impact on Indonesia’s National Interest." International Journal of Social Science And Human Research 05, no. 08 (August 26, 2022): 3670–74. http://dx.doi.org/10.47191/ijsshr/v5-i8-45.
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The South China Sea is a strategic water area and abundant in natural resources. China's historical claims and activities in the South China Sea have given rise to territorial disputes between China and countries around the South China Sea. Disputes over the territorial waters of the South China Sea are a challenge for regional stability, including Indonesia. This dispute poses a threat to the defense of the sovereignty of the Indonesian state because the contested location is near the Indonesian border, namely the territorial waters of the Natuna Islands. This paper uses a normative juridical approach which uses secondary data with descriptive analytical and qualitative research specifications. The results of this study concluded that the cause of conflict in the waters of the South China Sea is because each country has its interests to be realized to benefit from the conflict that occurs and for Indonesia as a mediating country it can continue to be maintained throughout the conflict in the waters of the South China Sea relating to the archipelago, security, and guaranteeing the freedom of international shipping and most importantly the national interest of Indonesia is not harmed, especially in protecting the country's sovereign territory, namely the territorial waters of the Natuna Islands.
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Flecker, Michael. "Early Chinese Voyaging in the South China Sea: Implications on Territorial Claims." Journal of Maritime Studies and National Integration 1, no. 1 (July 23, 2017): 1–21. http://dx.doi.org/10.14710/jmsni.v1i1.1367.
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The main purpose of this paper is to examine historically issues of territorial claims over the South China Sea. As it is known that at present there are at least six countries claiming part or all of South China Sea territory. In this case China is the most ambitious country to control all areas in the South China Sea. This has led to political and military tensions in the region. It is strange that the South China Sea waters has actually been a shipping thoroughfare for the last two millennia. Therefore, this historical study will contribute to an understanding of the issues that could provoke international conflict.
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Wardhana, Rifqi Setia. "The South China Sea Conflict and Security Cooperation in ASEAN Waters." Indonesian Journal of Peace and Security Studies (IJPSS) 3, no. 1 (June 30, 2021): 23–33. http://dx.doi.org/10.29303/ijpss.v3i1.56.
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The study aims to analyze how ASEAN acts to keep the region from conflicts over the South China Sea. The South China Sea conflict is a conflict that has a major impact on the ASEAN region; it is influenced by the territorial waters owned by several countries in ASEAN according to the United Nations Convention for the Law of the Sea (UNCLOS) in 1982. China’s unilateral claim in 2012 was the beginning of ASEAN’s concerns over the security and stability around the South China Sea and ASEAN waters. This article focuses on ASEAN’s response in response to China’s moves after unilateral claims and the establishment of military fleets around the Spratly and Paracel islands. The ASEAN Regional Forum (ARF) on 2018 is an important response for ASEAN in the face of maritime security threats. Establishment of policy strengthening security cooperation will have a significant impact in the development of stability in the South China Sea region, where the situation in the region worsen with the increasing number of actors involved in the conflict. The findings obtained from this paper aim to explain the analysis of ASEAN schemes to safeguard the territorial waters around the South China Sea.
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Acomular, Melquiades A. "Territorial disputes in the South China Sea: navigating rough waters." Philippine Political Science Journal 38, no. 2 (May 4, 2017): 148–49. http://dx.doi.org/10.1080/01154451.2017.1357298.
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Huang, Jing, Andrew Billo, and Le Hong Hiep. "Territorial Disputes in the South China Sea: Navigating Rough Waters." Contemporary Southeast Asia 37, no. 3 (December 31, 2015): 486–88. http://dx.doi.org/10.1355/cs37-3h.
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Faisal, La Ode M., Nevrita Nevrita, and Dony Apdilah. "Capture Fishery Production in Bintan Regency." Jurnal Perikanan dan Kelautan 26, no. 2 (June 21, 2021): 98. http://dx.doi.org/10.31258/jpk.26.2.98-101.
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The waters of Bintan Island are included in the deep sea waters of the South China Sea, within the Indonesian Exclusive Economic Zone, the potential for fish resources in the territorial waters and the South China Sea reaches 378.2 tons, with the allowable catch of 302.5 thousand tons. From this potential, the potential for fish resources that enter the territorial waters of Bintan Regency is 106,018 tons with a allowable catch of 50,287 tons. The purpose of the preparation of this scientific article is to provide information about capture fisheries production in Bintan Regency. The preparation of this scientific article was carried out in April 2021 in Bintan Regency using a descriptive analysis based on a literature review using secondary data as a source of information. The volume of fishery production originating from fishing efforts in Bintan Regency was recorded at 53,338.45 tons in 2017, while in 2018 and 2019 it was 54,682.27 tons and 55,604.40 tons, respectively. The amount of capture fisheries production in Bintan Regency has increased over the last 3 years (2017 - 2019).
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Keyuan, Zou. "Redefining the Legal I Status of the Taiwan Strait." International Journal of Marine and Coastal Law 15, no. 2 (2000): 245–68. http://dx.doi.org/10.1163/157180800x00091.
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AbstractThe Taiwan Strait is a critical corridor connecting the East China Sea to the South China Sea. The divided status of China as a result of the civil war in 1949 has made the situation in the Taiwan Strait complicated and uncertain. After the UN Convention on the Law of the Sea (LOS), the legal status of the Taiwan Strait has been changed from a strait embodying high seas waters to a strait only with waters under national jurisdiction of China. The waters within the Strait may be divided into several sea zones in accordance with the LOS Convention, i.e., the internal waters, territorial sea and EEZ/continental shelf. Due to the difference among the sea zones, the navigational waterways within the Taiwan Strait are subject to different legal rules. Thus cross-Strait co-operation between mainland China and Taiwan is necessary to manage the Taiwan Strait and human activities therein.
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GUDEV, Pavel A., and Igor O. MISHIN. "AMERICAN-CHINESE CONTROVERSIES AROUND THE TAIWAN STRAIT (Part 2. Legal Interpretations and Controversies)." Southeast Asia: Actual Problems of Development, no. 4(57) (2022): 30–45. http://dx.doi.org/10.31696/2072-8271-2022-4-4-57-030-045.
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China, while insisting that the definition of "international waters" does not apply to the entire Taiwan Strait, especially emphasizes which maritime zones of sovereignty and jurisdiction predominantly comprise its water area - the territorial sea and the exclusive economic zone. The article examines in detail the restrictions that exist both at the level of national legislation of the PRC and on the part of other states concerning the exercise of the right of innocent passage of foreign warships through the territorial sea. In addition, it shows how the implementation of various types of naval activities, including reconnaissance activities, within the exclusive economic zone of a coastal state has become the stumbling block that has divided certain countries into two opposing camps. The PRC and the United States, in this case, are the main antagonists on this issue. It is concluded that the existence of these contradictions, which could not be agreed even with international mediation, significantly increases the level of conflict both in the South China Sea in general and in the waters of the Taiwan Strait in particular.
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Ponka, Tatyana I., Nikita S. Kuklin, and Ivan R. Dubrovsky. "«China-Vietnam-India» format in the South-China sea in the context of regional security." RUDN Journal of World History 12, no. 4 (December 15, 2020): 354–71. http://dx.doi.org/10.22363/2312-8127-2020-12-4-354-371.
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This article is devoted to the role of the territorial dispute in the South China sea in relations between China, Vietnam and India in the regional subsystem of Southeast Asia. The regional space under consideration is characterized by high economic dynamism and active integration processes, including participation of non-regional actors. Particular importance is attached to the positions of the three States on fundamental aspects that have a destructive impact on the development of regional processes. Attention is paid to the conceptualization of the policy of the three States in the waters of this sea. Following consideration of the problems the authors conclude that the intersection of the interests of the three countries in this sea threatens to exacerbate the fragility of the political and strategic landscape of the regional subsystem, registration open, but citizenries order on the space of the SCS. The article notes that the confrontational tone in relations between China, Vietnam and India brings with it many threats, in particular the clash of state interests in the energy plane, the arms race between the three nuclear powers (USA, India, China), which was accompanied by increased military presence of non-regional player (USA) in the region, complicated by territorial and historical conflicts.
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Putri, Intan Novia, Dina Sunyowati, and Enny Narwati. "China’s Claim on Traditional Fishing Grounds Located in the South China Sea." Environmental Policy and Law 50, no. 3 (December 21, 2020): 243–50. http://dx.doi.org/10.3233/epl-200221.
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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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Aplianta, Derry. "Indonesia’s Response in the South China Sea Disputes: A comparative analysis of the Soeharto and the post-Soeharto era." JAS (Journal of ASEAN Studies) 3, no. 1 (July 30, 2015): 1. http://dx.doi.org/10.21512/jas.v3i1.749.
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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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Gildore, Phyll Jhann E., and Christian Jay O. Syting. "Media Representation of States Involved in the South China Sea Dispute: International News in Context." World Journal of English Language 12, no. 6 (July 7, 2022): 19. http://dx.doi.org/10.5430/wjel.v12n6p19.
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The media has discursively represented China, the Philippines, and the United States as states involved in territorial disputes in the South China Sea. These discursive representations ultimately pervade the media and public spheres. This study aimed to unravel these media representations by employing Halliday’s transitivity analysis and van Djik’s notion of ideological squares in analyzing news articles of the dispute from leading international news media. The analyses uncovered that China, the Philippines, and the United States are depicted to be actively involved in the dispute. The articles depict China’s assertive and aggressive measures in the disputed waters and against the United States. China is likewise portrayed to be favoring efforts to forward diplomatic resolutions in the region. The United States is depicted as aggressive towards China while maintaining a projection of power and intimidation in the region as the security guarantor. The Philippines, moreover, is portrayed to advance its claims in the context of forwarding aggressive policies, diplomatic protest, and negotiations and proposals for diplomatic resolutions, all while balancing relations with the US and China. These discursive representations demonstrate how the media has construed and constructed for the public the states involved in the territorial dispute.
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Ha Trang, Nguyen. "The South China Sea issue in U.S. - Vietnam relations under President B. Obama." Science & Technology Development Journal - Social Sciences & Humanities 3, no. 3 (February 28, 2020): 152–61. http://dx.doi.org/10.32508/stdjssh.v3i3.525.
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The South China Sea is one of the most important trade pathways in the world. Its strategic economic importance and its geographic location at the confluence of several spheres of influence have rendered it one of the “world’s hotspots”. The South China Sea issue began as a territorial dispute over the sovereignty of the islands and sea territory involving China, five ASEAN countries including Vietnam, the Philippines, Malaysia, Brunei, Indonesia, and Taiwan. While the South China Sea has been the subject of disputes of sovereignty for some time, the conflict began to intensify when China established its nine-dash line in 2012 outlining its territorial claims in the body of water. China’s aggressive stance has prompted reactions from ASEAN countries as well as the US. The South China Sea is an area with relevance to U.S.’s national economic, strategic, security interests, so that increased tension within this area may threaten U.S.'s national interests. Vietnam is also aware that the United States is a superpower that shares concerns about China, as well as its influence in the region can play an important role in balancing power in the South China Sea Conflict. U.S presence help to contain China's aggressive actions, and multilateralization or internationalization of the South China Sea issues is also a contributing factor to control conflict. Therefore, the dispute in the South China Sea is a factor making a closer relationship between the U.S. and Vietnam. Vietnam and the United States established a Comprehensive Partnership in 2013, under which the two countries will strengthen and expand cooperation. In the future, U.S. - Vietnam cooperation will promote strong development, including sensitive fields, because of based on common strategic interests, including "sensitive" fields such as security and defense.
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Le Failler, Philippe. "Territorial Disputes in the South China Sea: Navigating Rough Waters, Jing Huang and Andrew Billo, eds." Moussons, no. 27 (June 9, 2016): 180–84. http://dx.doi.org/10.4000/moussons.3590.
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Silviani, Ninne Zahara. "Interpretasi Perjanjian Internasional Terkait Historical Rights Dalam UNCLOS 1982." Jurnal Selat 6, no. 2 (August 26, 2019): 154–71. http://dx.doi.org/10.31629/selat.v6i2.1067.
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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.
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Mitchell, Martin D. "The South China Sea: A Geopolitical Analysis." Journal of Geography and Geology 8, no. 3 (August 19, 2016): 14. http://dx.doi.org/10.5539/jgg.v8n3p14.
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Since 1945 the South China Sea and the western Pacific has functioned as an uncontested global common patrolled by overwhelming U.S. naval and air power projected from a series of peripheral and over the horizon bases. The dramatic rise of China alters this situation and has transformed the South China Sea into a frontier of control as China seeks to morph this maritime theater into a landward extension of the Chinese coast where it can deploy land-based tactics into an arena previously dominated by maritime power and tactics to secure the South China Sea as a de facto territorial water that serves multiple Chinese strategic interests. Hence, the attempt by a land-based Eurasian power (China) to carve a permanent bridgehead into Spykman’s Eurasian maritime periphery. Against, this trend the United States has countered with President Obama’s Asian Pivot. However, the implementation of the Asian Pivot is limited by several post Cold War developments and certain constraints inherent in the geographic setting of the South China Sea. Beyond the South China Sea, the geographic setting favors the U.S. and its allies. Consequently, American options acting singly or in coalition with other nations, most notably Japan and Australia, remain more flexible and able to serve as a long term counterweight to Chinese force projection capabilities into the western Pacific proper.
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Pradana, Fawwaz Aldi, and Suprayogi Suprayogi. "CRITICAL DISCOURSE ANALYSIS ON CHINESE AND AMERICAN NEWS WEBSITES REPORTING SOUTH CHINA SEA TERRITORIAL DISPUTE." Linguistics and Literature Journal 2, no. 2 (December 31, 2021): 84–92. http://dx.doi.org/10.33365/llj.v2i2.1445.
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This study focuses to understand the differences in reporting the same of The South China Seaterritorial dispute by two international news websites namely The New York Times and China Dailyand to exposed the hidden ideology behind the representation of those news websites. ThreeDimensional Framework by Fairclough in Critical Discourse Analysis were used in this study alongwith Systemic Functional Grammar particularly in transitivity analysis. The articles in this study werecollected from China Daily and The New York Times news website. The finding revealed that bothnews websites reported the issue of territorial dispute using material process and verbal processdominantly but The New York Times dominantly use material process more than China Daily. Next,the study found out that China Daily depicted the act of Beijing saying that territorial dispute as anormal thing due to the area of water are belong to China while The New York Times depicted the actof China as a violation of Sea rules of navigation in responding the territorial dispute. Last, the resultof this study found that China Daily stated in its news about how the US presence as meddling in thedisputed area of The South China Sea while The New York Times stated that the act of China inresponding the dispute is a harsh attitude and violating the rules. To sum up the study, thecombination of both theories is somehow useful in the discourse to expose the hidden meaning andideology.Keywords: Constrastive study, territorial dispute, three dimensional framework
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Ong, David M. "A Bridge Too Far? Assessing the Prospects for International Environmental Law to Resolve the South China Sea Disputes." International Journal on Minority and Group Rights 22, no. 4 (October 27, 2015): 578–97. http://dx.doi.org/10.1163/15718115-02204007.
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Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have traditionally invoked the international law on territorial sovereignty acquisition and the law of the sea for their resolution. However, neither of these two fields of international law and their established institutions has succeeded in settling these disputes. This paves the way for consideration of other, related but less historically and politically significant international legal developments establishing constraints against the activities undertaken on and around many of the South China Sea insular formations. In this paper, the potential for international environmental law to resolve the South China Sea disputes will be examined. Specifically, international environmental law governing ‘shared’ water bodies and their application in relevant international case law will be assessed. These obligations will be mapped onto the South China Sea disputes, with a view to providing the means for co-operation towards the resolution of these disputes.
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AHMAD, MOHAMMAD ZAKI, and MOHD AZIZUDDIN MOHD SANI. "China's Assertive Posture in Reinforcing its Territorial and Sovereignty Claims in the South China Sea: An Insight into Malaysia's Stance." Japanese Journal of Political Science 18, no. 1 (February 14, 2017): 67–105. http://dx.doi.org/10.1017/s1468109916000323.
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AbstractChina's growing assertiveness in strengthening its territorial and sovereignty claims in the South China Sea has arguably intensified friction and deepened tension between the rival claimant States. In sharp contrast to the strong reactions of its fellow ASEAN claimants, such as Vietnam and the Philippines, Malaysia traditionally has been less critical and more inclined to downplay China's perceived emotive actions. This subtle foreign policy orientation is likely to remain unchanged in the immediate future. Malaysian leaders are aware of the need to continue adopting a more cautious but pragmatic approach to counter China's increasingly aggressive actions in the Spratly Islands. Because of the significant economic and political benefits derived from its close relationships with China, Malaysia's policy preference is aimed to avoid jeopardizing such relations. However, the growing presence of Chinese military vessels in Malaysia's waters in recent years has forced the latter to reassess its foreign policy approach, which might include adopting a more assertive stance towards China. Set against this backdrop, this article aims to give an exploratory insight into Malaysia's external behaviour and actions in response to China's recent growing aggressiveness in the South China Sea. To this end, the aim of this article is achieved through a twofold approach. First, it examines Malaysia's overlapping claims to maritime features and waters with China, with the focus on the Spratly Islands group. Lastly, the article provides an explorative insight of Malaysia's rationalist stance, particularly under the current administration of Prime Minister Najib Tun Razak, in response to China's aggressiveness. It also examines the motivations, intentions, and basis of this external posture.
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Wiranto, Surya, Hikmahanto Juwana, Sobar Sutisna, and Kresno Buntoro. "The Disputes of South China Sea From International Law Perspective." Southeast Asia Law Journal 1, no. 1 (August 19, 2017): 1. http://dx.doi.org/10.31479/salj.v1i1.1.
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<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>
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Wiranto, Surya, Hikmahanto Juwana, Sobar Sutisna, and Kresno Buntoro. "The Disputes of South China Sea From International Law Perspective." Southeast Asia Law Journal 1, no. 1 (December 9, 2015): 1. http://dx.doi.org/10.31479/salj.v1i1.2.
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<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>
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Sukmawijaya, Helda Risman, and Joni Widjayanto. "Implications of Tensions in South China Sea Region on Land Force Strategy in Indonesia's Defense." International Journal of Research and Innovation in Social Science 06, no. 02 (2022): 629–37. http://dx.doi.org/10.47772/ijriss.2022.6229.
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The South China Sea have strategic value, from economic and military aspects. In some parts of the waters there is an overlap of jurisdictions between claimant states (Brunei Darussalam, Philippines, Malaysia, Singapore, Vietnam, and China), causing a high potential for conflict. Geopolitical turbulence in the South China Sea region further illustrates the dynamic strategic environment and adds complexity to threats to security in the region. The panelitian method used is a qualitative descriptive method. According to Sugiyono, descriptive methods are studies that describe, describe, or describe the state of the object studied as what it is, according to the situation and conditions when research is done. The theories used are balance of power, military of balance, steps-to-war, and balance of threat. China’s rapid military development has made it a powerful country and has the potential to become a hegemony in the region and will create new tensions in the region. This situation encourages countries in the region to increase their military capabilities, produce military weaponry and equipment, and even form military alliances to offset China’s military capabilities in the region. The U.S.-China rivalry makes the South China Sea region a single geostrategic theater that will drag regional countries into the maelstrom of conflict, including Indonesia in it. Facing a dynamic environment, Indonesia with an active defensive strategy deploys land aspect forces that have been centrally structured and dispersed (territorial command units), in an effort to prevent assertive actions from other countries.
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Tan, Yoppy. "THE GROWTH IN ENERGY ACTIVITIES IN THE SOUTH CHINA SEA – ARE WE TRULY PREPARED?" International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 825–36. http://dx.doi.org/10.7901/2169-3358-2014.1.825.
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ABSTRACT Stretching from Singapore and the Strait of Malacca chokepoint in the southwest to the Strait of Taiwan in the northeast, the South China Sea is one of the most important energy trade routes in the world. Almost a third of global crude oil and over half of global liquefied natural gas (LNG) passes through the South China Sea each year. Coupled with the significant economy growth from China, that is the world's largest oil importer, protecting the flow of oil becomes a prime consideration of the South East and East Asia governments. All of these factors make the South China Sea to hold one of the highest potential for oil spill, be it by quantity of oil or frequency of energy activities. In the region, our industry faces increasing political challenge due to the disputed territorial waters and hence if an incident affecting multiple countries such as an oil spill occurs, the response may be chaotic if not adequately prepared for. The duty is on industry to work with regional governmental groups to promote joined-up response that is sufficiently robust and flexible to deal with both marine and well-control incidents. Other factors that could pose a major challenge are the understanding of response tool kits and prioritization given to national environmental laws and regulations which will vary amongst the affected administrations. Has there been sufficient investigation into the range of national laws which could help/hinder inter-regional approach? What about each of the area contingency plan along the South China Sea? Is there sufficient data on the crude oil characteristics in this region and the availability of Stockpile of equipment along this stretch of the trade route? This paper provides an overview of the oil industry's response to the growing energy activities in the South China Sea using case studies to illustrate the situations that are still occurring in practice.
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Dikarev, Andrei D. "On the History of Formation of Modern Taiwan Stance on the Rights to Maritime Features and Area in the South China Sea." Problemy dalnego vostoka, no. 4 (2021): 38. http://dx.doi.org/10.31857/s013128120016121-4.
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The article highlights the history of formation of the official Taiwanese discourse on the problems of territorial affiliation and legal claims to the islands in the South China Sea. Two leading political parties of Taiwan (Guomindang and DPP) have substantial differences in their approach to the sovereignty on the features in SCS and “historical rights” to the sea. Details are given about reasons for emergence and disappearance of the concept of "historical waters" in the Taiwanese law, which allegedly should have been subject to the jurisdiction of the Republic of China. Taiwan's activities on the two features in the SCS aimed at demonstrating their "effective occupation" are highlighted. Official stance of different administrations and its changes are considered in detail. While sharing the same approach to the status of Taiping island, Guomindang and DPP disagree on affiliation of all other land features in the SCS. When considering the interpretation of the notorious "U-shaped line" by Taiwanese politicians, a conclusion is made about the actual proximity of the foreign policy stances of the PRC and the Guomindang, which are based on the idea of the common Chinese identity, revealed by significant part of the Taiwan inhabitants. As for the approach of DPP to the problem of SCS, the determining factor here is the Taiwanese identity of its supporters. This further complicates the situation: the DPP, on the one hand, proclaims sovereignty over all SCS facilities to demonstrate unity with PRC on the issue of China's territorial integrity, on the other hand — pragmatically recognizes the impossibility of actual exercising its nominal sovereignty over the disputed territories. Thus an obvious contradiction between theory and practice in the Taiwanese policy is revealed. The nuances of Taiwanese attitude to the award of the Hague Tribunal on the Philippines vs China case are elucidated. The reasons of the tribunal’s refusal to provide status of island to the biggest feature in Nansha group are determined.
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Aznar, Mariano J. "Maritime Claims and Underwater Archaeology: When History Meets Politics." Brill Research Perspectives in the Law of the Sea 4, no. 1-2 (September 15, 2021): 1–131. http://dx.doi.org/10.1163/24519359-12340010.
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Abstract Among other circumstances relevant to maritime delimitations, some States have recently used the protection of underwater cultural heritage (UCH) as grounds for advancing jurisdictional or sovereignty claims over different maritime areas. After identifying the contours of current international law governing that heritage, this book critically addresses: first, the generally limited use of archaeological heritage in territorial claims; second, the broad acceptance by States of ‘archaeological maritime zones’ that overlap with declared contiguous zones; and, third, the (mis)use of UCH and underwater archaeology in three still disputed maritime claims, namely, Canada’s claim in Arctic waters, China’s in the South China Sea, and Russia’s in Crimea and its surrounding waters. Legal and ethical issues related to underwater archaeology are also discussed.
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Maulana, Anugerah Akbar. "Gunboat Diplomacy in Natuna Waters from 2010-2020: Indonesia’s Deterrence in South China Sea Conflict." Insignia: Journal of International Relations 9, no. 1 (April 11, 2022): 1. http://dx.doi.org/10.20884/1.ins.2022.9.1.4550.
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Abstract
SCS conflict comprises a substantial threat to Indonesia as China’s nine-dash line overlaps with Indonesia’s Exclusive Economic Zone EEZ in Natuna waters. The spillover of the conflict was exposed through China’s incursions in Natuna waters from 2010 to 2020 as China regard it has the right to carry out activities in several areas of Natuna waters that are considered as part of maritime territorial violations for Indonesia. Indonesia deploys the capabilities of its naval forces’ in Natuna waters in response to China’s incursions in which this phenomenon could be regarded as gunboat diplomacy. This study aimed to reveal the efficacy of Indonesia's gunboat diplomacy to deter China's incursions in Natuna Waters. Through the qualitative method, official documents and relevant literature will be analyzed to answer the study's objective. Employing gunboat diplomacy and deterrence as the conceptual framework, this study discerns that Indonesian naval forces become the forefront instrument as gunboat diplomacy in deterring China's assertiveness in SCS dispute, which led to the incursions over Indonesia maritime territory in Natuna. This study discovered that Indonesia's gunboat diplomacy leveraged as the purposeful forces and expressive force in which the warship managed as the media of diplomacy that altered China's vessels' behaviour over the incursions in Natuna waters and enabled Indonesia naval force fruitful to crackdown China's incursions in particular point of the occasion. However, gunboat diplomacy as Indonesia's deterrence means has not thoroughly delivered a deterrent effect to China since Chinese vessels' activities still recurred in Natuna waters at the latest 2020.
Abstrak
Konflik Laut Tiongkok Selatan (LTS) memuat ancaman bagi Indonesia karena sembilan garis putus-putus Tiongkok tumpang tindih dengan Zona Ekonomi Ekslusif Indonesia (ZEE) di perairan Natuna. Limpahan konflik tersebut terpapar pada serbuan Tiongkok di perairan Natuna sejak tahun 2010 hingga 2020 dimana Tiongkok menganggap memiliki hak untuk beraktivitas di beberapa area di perairan Natuna, sedangkan hal tersebut dianggap sebagai pelanggaran wilayah maritim bagi Indonesia. Indonesia mengerahkan kemampuan angkatan lautnya di perairan Natuna sebagai tanggapan atas serbuan Tiongkok di mana fenomena ini dapat dianggap sebagai diplomasi kapal perang. Penelitian ini bertujuan untuk mengungkap seberapa ampuh diplomasi kapal perang Indonesia untuk menangkal serbuan Tiongkok di perairan Natuna. Melalui metode kualitatif, dokumen resmi dan literatur yang relevan akan di analisa untuk menjawab tujuan penelitian. Menggunakan diplomasi kapal perang dan deterensi sebagai kerangka konseptual, penelitian ini melihat bahwa kekuatan angkatan laut menjadi instrumen terdepan sebagai diplomasi kapal perang untuk menangkal perilaku asertif Tiongkok di konflik Laut Tiongkok Selatan (LTS) yang menyebabkan Tiongkok menyerbu wilayah perairan Indonesia di Natuna. Penelitian ini menemukan bahwa diplomasi kapal perang Indonesia digunakan sebagai kekuatan yang bertujuan dan kekuatan ekspresif di mana kapal perang dikelola sebagai media diplomasi untuk mengubah perilaku kapal-kapal Tiongkok pada penyerbuan di perairan Natuna yang memungkinkan kekuatan angkatan laut Indonesia dapat menindak serbuan Tiongkok di perairan Natuna pada titik waktu tertentu. Namun, diplomasi kapal perang sebagai sarana deterensi Indonesia belum dapat memberikan efek jera kepada Tiongkok secara menyeluruh karena aktivitas kapal Tiongkok di perairan Natuna masih terjadi paling terbaru pada tahun 2020.
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Haryanto AR, Timbul, A. Octavian, and Romie O. Bura. "Analysis of the Influence of Submarine Operational Capabilities on the State of Deterrence." Journal Research of Social, Science, Economics, and Management 1, no. 7 (February 18, 2021): 759–66. http://dx.doi.org/10.36418/jrssem.v1i7.95.
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Indonesia is an archipelagic state whose territory lies in a cross position between two continents and two oceans. So that Indonesia has the authority to maintain the security of its maritime territory, starting from regulating its shipping lanes to maintaining sovereignty in all of Indonesia's sea areas. Indonesia's threats have been identified as coming from neighboring countries, namely Malaysia, Singapore, Thailand, and China. Increasing escalation in the South China Sea area, Efforts to support Indonesian territorial security, submarines currently owned must be able to become a deterrent against potential threats both from within and from outside and be able to operate in all Indonesian waters. The hypothesis in this study is if the operational capability of the submarine increases the country's deterrence system. The methodology used is descriptive quantitative using software SPSS 25 and Microsoft Excel 2013 with data analysis techniques using multivariate correlation. The effect of submarine operational capability on the country's deterrence is 86.6% that implies submarine operational capability has strong influence.
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Desrina, R., Chairil Anwar, and Tri Muji Susantoro. "Environmental Impacts Of The Oil And Gas Platform Decommissioning." Scientific Contributions Oil and Gas 36, no. 2 (February 24, 2022): 97–103. http://dx.doi.org/10.29017/scog.36.2.766.
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Many of the oil and gas installations in the Indonesian Sea are reaching the end of their economic production life. Typically, oil and gas fields have an economic life of 20 to 40 years and a decommissioning program will be required and predicted to peak during the period 2010-2020. Some of them are located in shallow water such as those around Pulau Seribu, Java Sea, and South China Sea; some others are in deeper water such those at Makasar Straits and Moluccas Sea. Many different opinions exist on the benefits and problems of a partial platform removal or a complete removal. For some reasons platforms would be a good fishing spot. On the other hands, an unseen hazard could be left behind by the platforms. Even a complete removal of the platforms is conducted but without proper clearing of the ocean floor, the unused platforms still can cause hazards. For the management of the seas outside the territorial waters, worldwide nations have historically entered into international agreements and conventions. These agreements and conventions that have been entered into under the umbrella of the United Nations are Geneva Convention, the United Nations Convention on the Law of the Sea (UNCLOS) and the International Maritime Organization (IMO) Guidelines. Nationally, there is little information concerning with the decommissioning project. This paper is intended to highlight options for decommissioning of offshore platforms, its environmental impacts, and regulations that could be referred to following the decommissioning proposal. The technological aspects of the structural decommissioning of platforms are beyond the scope of this paper.
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Faindatul Muslimah, Wazi’atusSantiyah, and Depict Pristine Adi. "ANALISIS KONFLIK KEPULAUAN NATUNA PASA TAHUN 2016 - 2019." Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam 2, no. 2 (September 21, 2020): 87–96. http://dx.doi.org/10.47435/al-ahkam.v2i2.355.
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Natuna merupakan sebuah Kabupaten yang terletak pada Provinsi Riau Indonesia. Perairan Natuna yang berada ditengah Laut Cina Selatan atau berada pada titik perbatasan Laut Cina dan Indonesia, kembali memanas dan mencuri perhatian pemerintah Republik Indonesia. Seperti halnya saat ini, China membuat ulah kembali sehingga menimbulkan sebuah persengketaan dengan Indonesia di Peraian Natuna. Persengketaan ini dipicu dengan berlayarnya kapal illegal Cina yaitu Kapal Coast Guard Cina di Perairan Laut Natuna Utara. Kapal tersebut memasuki perbatasan Zona Ekonomi Eksklusif Indonesia (ZEEI) tanpa izin. Penelitian ini bertujuan untuk mendeskripsikan konflik Kepulauan Natuna. Dimana, dalam konflik ini China mengklaim sepihak laut Natuna yang masih dalam wilayah perairan Indonesia. Metode penelitian ini menggunakan pendekatan kualitatif jenis kajian kepustakaan. Hasil penelitian menunjukkan bahwa perairan yang terletak di Kabupaten Natuna Provinsi Riau adalah salah satu kekayaan sumber daya alam Indonesia yang harus dijaga. Akan tetapi, konflik ini terjadi karena China mengklaim secara sepihak Perairan Natuna yang dianggap wilayah mereka. Padahal sudah ditegaskan oleh Badan Hukum Laut Internasional yang dibawah naungan PBB, UNCLOS 1982 menyatakan bahwa Natuna merupakan Zona Ekonomi Eksklusif Indonesia (ZEEI). Dengan begitu Pemerintah Indonesia tidak terima dengan tindakan China yang semena - mena. Karena, Natuna adalah salah satu wilayah teritorial Indonesia. Maka dari itu, Pemerintah Indonesia tidak hanya tinggal diam, pemerintah Indonesia bersikap tegas dengan cara langsung memanggil Duta Besar China untuk Indonesia hingga menambah mengirimkan pasukan angkatan lautnya untuk bersiaga dan meningkatkan pengawasan disekitar area Luat Natuna.
Natuna is a district located in the Riau Province of Indonesia. Natuna waters are in the middle of the South China Sea or at the border point of the China Sea and Indonesia. China messed up again, causing a dispute with Indonesia at Peraian Natuna. This dispute was triggered by the sailing of an illegal Chinese ship, namely the Chinese Coast Guard Ship in the North Natuna Sea. The ship entered the Indonesian Exclusive Economic Zone (ZEEI) border without permission. This study aims to describe the Natuna Islands conflict. This research method uses a qualitative approach to the type of literature review. The results showed that the waters located in Natuna Regency, Riau Province, are one of Indonesia's natural resources that must be protected. However, the conflict occurred because China claimed unilaterally the Natuna waters which were considered their territory. Even though it has been emphasized by the International Maritime Law Agency under the auspices of the UN, UNCLOS 1982 stated that Natuna is the Indonesian Exclusive Economic Zone (ZEEI). The Indonesian government does not accept China's arbitrary actions. Because, Natuna is one of Indonesia's territorial areas. Therefore, the Indonesian Government did not remain silent, the Indonesian government took a firm stance by directly summoning the Chinese Ambassador to Indonesia to add to sending its naval forces to be on alert and increasing surveillance around the Luat Natuna area.
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Ayu S, Rizza, Ramlan Ramlan, and Rahayu Repindowaty. "Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia." Uti Possidetis: Journal of International Law 2, no. 2 (June 8, 2021): 167–88. http://dx.doi.org/10.22437/up.v2i2.12334.
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The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.
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Ou, Menglin, Xiaochun Lai, and Jian Gong. "Territorial Pattern Evolution and Its Comprehensive Carrying Capacity Evaluation in the Coastal Area of Beibu Gulf, China." International Journal of Environmental Research and Public Health 19, no. 17 (August 23, 2022): 10469. http://dx.doi.org/10.3390/ijerph191710469.
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Changes in the territorial pattern of the Beibu Gulf, an environmentally sensitive and ecologically fragile area in China, will directly or indirectly affect the regional ecological environment, while profoundly influencing economic development and human well-being. Therefore, it is significant to understand the ecological response in the process of territorial space changes in the Beibu Gulf to promote the coordination between sea and land and sustainable regional development. This paper used remote sensing image interpretation to generate land-use maps in 2000, 2010 and 2020, and then analyzed the spatial and temporal evolution of the territorial pattern of the Beibu Gulf from 2000 to 2020. Finally, this paper proposed a comprehensive carrying capacity evaluation system and explored the spatial functional zones of the coastal areas of the Beibu Gulf. The results showed that the demand for urban development and ecological protection between 2000 and 2020 increased built-up land and forestland by 386.71% and 25.56%, respectively, and reduced farmland by 28.33%. There was significant spatial heterogeneity in various land-use types. Where forestland is mainly distributed in the west, farmland is mainly distributed in the east, wetland is mainly distributed in the south, and orchards are spread throughout the whole area. The evaluation results of land resources, water resources and ecological conditions in the Beibu Gulf area showed that its comprehensive carrying capacity was high in the south and low in the north, and high in the west and low in the east. On this basis, this paper considered the actual situation of natural resources, ecological conditions, socio-economic development, protection and development in coastal areas; divided the study area into four categories: developed areas, priority development areas, ecological reserve areas and coastal reserve areas; and put forward corresponding control suggestions. The results of this paper could provide a scientific basis for regional development and territorial spatial planning in the coastal areas.
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Choo, Jenny, Nagur Cherukuru, Eric Lehmann, Matt Paget, Aazani Mujahid, Patrick Martin, and Moritz Müller. "Spatial and temporal dynamics of suspended sediment concentrations in coastal waters of the South China Sea, off Sarawak, Borneo: ocean colour remote sensing observations and analysis." Biogeosciences 19, no. 24 (December 19, 2022): 5837–57. http://dx.doi.org/10.5194/bg-19-5837-2022.
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Abstract. High-quality ocean colour observations are increasingly accessible to support various monitoring and research activities for water quality measurements. In this paper, we present a newly developed regional total suspended solids (TSSs) empirical model using MODIS Aqua's Rrs(530) and Rrs(666) reflectance bands to investigate the spatial and temporal variation in TSS dynamics along the southwest coast of Sarawak, Borneo, with the application of the Open Data Cube (ODC) platform. The performance of this TSS retrieval model was evaluated using error metrics (bias = 1.0, MAE = 1.47, and RMSE = 0.22, in milligrams per litre) with a log10 transformation prior to calculation as well as using a k-fold cross-validation technique. The temporally averaged map of the TSS distribution, using daily MODIS Aqua satellite datasets from 2003 until 2019, revealed that large TSS plumes were detected – particularly in the Lupar and Rajang coastal areas – on a yearly basis. The average TSS concentration in these coastal waters was in the range of 15–20 mg L−1. Moreover, the spatial map of the TSS coefficient of variation (CV) indicated strong TSS variability (approximately 90 %) in the Samunsam–Sematan coastal areas, which could potentially impact nearby coral reef habitats in this region. Study of the temporal TSS variation provides further evidence that monsoonal patterns drive the TSS release in these tropical water systems, with distinct and widespread TSS plume variations observed between the northeast and southwest monsoon periods. A map of relative TSS distribution anomalies revealed strong spatial TSS variations in the Samunsam–Sematan coastal areas, while 2010 recorded a major increase (approximately 100 %) and widespread TSS distribution with respect to the long-term mean. Furthermore, study of the contribution of river discharge to the TSS distribution showed a weak correlation across time at both the Lupar and Rajang river mouth points. The variability in the TSS distribution across coastal river points was studied by investigating the variation in the TSS pixels at three transect points, stretching from the river mouth into territorial and open-water zones, for eight main rivers. The results showed a progressively decreasing pattern of nearly 50 % in relation to the distance from shore, with exceptions in the northeast regions of the study area. Essentially, our findings demonstrate that the TSS levels on the southwest coast of Sarawak are within local water quality standards, promoting various marine and socio-economic activities. This study presents the first observation of TSS distributions in Sarawak coastal systems with the application of remote sensing technologies and aims at enhancing coastal sediment management strategies for the sustainable use of coastal waters and their resources.
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Толстых, В. Л. "Территориальные споры в Восточной и Юго-Восточной Азии: особенности и перспективы международно-правового урегулирования." Азиатско-Тихоокеанский регион: экономика, политика, право 3, no. 52 (2019): 53–69. http://dx.doi.org/10.24866/1813-3274/2019-3/53-69.
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Все территориальные споры в Юго-Восточной и Южной Азии в зависимости от их локализации делятся на четыре группы. В первую входят споры, охватывающие территорию бывшей Британской Индии и связанные с нечётко-стью колониальных титулов; во вторую – споры с участием Малайзии, также имеющие колониальный генезис; в третью категорию – споры Японии с её соседями по поводу островов, связанные с нечёткостью послевоенного урегулирования; в четвёртую – споры с участием Китая (помимо споров из первой и третьей групп сюда относится крайне важный спор о принадлежности акватории и сухопутных формирований Южно-Китайского моря). Некоторые из этих споров были разрешены международными судами на основании международного права; к их числу относятся, например, споры о делимитации Бенгальского залива (первая группа). Большинство споров, однако, до сих пор не разрешены, и перспективы правового урегулирования некоторых из них выглядят маловероятными в силу остроты конфликта и сложности историко-правового контекста. Спор о Южно-Китайском море (ЮКМ) является условно-разрешённым: решение по нему было вынесено в 2016 г. Китай, однако, категорически отказался выполнять его. Отношение России к данным тер-риториальным спорам не должно быть пассивным. В отношении споров из первой группы Россия может попробовать вернуться к своей традиционной функции посредника. Конфликты второй группы не затрагивают её интересов; по отношению к ним она должна соблюдать строгий нейтралитет. Что касается конфликтов третьей группы, то Россия сама является их непосредственным участником и поэтому должна предпринимать усилия, направленные на достижение выгодного для неё решения вопроса о Курильских островах. Наконец, применительно к спору о ЮКМ Россия должна встать на сторону Китая, чьи притязания в отношении данной акватории содержательно близки притязаниям России в отношении Арктики. All territorial disputes in Southeast and South Asia are divided into four groups depending on their location. The first group includes the disputes covering the territory of the former British India and provoked by the vagueness of colonial titles. The second group includes the disputes involving Malaysia, which also have a colonial genesis. The third group includes the disputes between Japan and its neighbors over the islands provoked by the vagueness of the post-war settlement. The fourth group includes the disputes involving China, – in addition to the disputes from the first and third groups, this includes an extremely important debate about the ownership of water spaces and land formations of the South China Sea. Some of these disputes have been resolved by international courts under international law; these include, for example, the disputes over the delimitation of the Bay of Bengal (first group). Most disputes, however, are still not resolved and the prospects for legal settlement of some of them seem unlikely due to the severity of the conflict and the complexity of historical and legal contexts. The dispute over the South China Sea is conditionally resolved: a judgment was rendered in 2016, – China, however, categorically refused to comply with it. Russia's attitude to these territorial disputes should not be passive. As for the disputes from the first group, Russia may try to return to its traditional mediator function. The conflicts of the second group do not affect its interests, therefore it must observe a strict neutrality in relation to them. As for the conflicts of the third group, Russia is directly involved in them and therefore should make efforts to achieve an advantageous solution of the Kuril Islands case. Finally, in relation to the South China Sea dispute Russia should support China’s position which is substantially close to Russia's claims in relation to the Arctic.
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Rothacher, Albrecht. "Territorial sovereignty in the South China Sea." Asia Europe Journal 5, no. 2 (June 5, 2007): 277–81. http://dx.doi.org/10.1007/s10308-007-0111-9.
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Zhong, Hui, and Michael White. "South China Sea." Asia-Pacific Journal of Ocean Law and Policy 2, no. 1 (June 7, 2017): 9–24. http://dx.doi.org/10.1163/24519391-00201003.
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The South China Sea is a maritime space where States have overlapping claims and unsettled maritime boundaries. While driven by territorial competition for ownership of some of the islands, the core contradictions are more related to freedom of navigation. This sea is one of the world’s most important shipping, trade and energy routes, a rich potential source of sub-sea oil and gas and a major fisheries area. The Republic of the Philippines v The People’s Republic of China Arbitral Tribunal Decision of 12 July 2016 1 (the arbitral ruling) under the United Nations Convention for the Law of the Sea 1982 heightened the tensions in the area but they had previously been long standing and it merely escalated the concern that the tensions would impede or even halt regional and global commerce. This article focuses on the importance of the South China Sea and argues that if the South China Sea issue is not handled properly, it would be damaging to the exporting and the importing countries in this region in particular and worldwide trade in general. There has already been a negative impact on economic cooperation and the long term development in Southeast Asia and further tensions could be highly damaging for all of the countries concerned.
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Morgan, Joseph R. "Fishing in Troubled Waters: Proceedings of an Academic Conference on Territorial Claims in the South China Sea. Edited by R. D. Hill, Norman G. Owen, and E. V. Roberts. Hong Kong: Centre of Asian Studies, University of Hong Kong, 1991. ix, 359 pp. HK$160.00." Journal of Asian Studies 52, no. 3 (August 1993): 693–94. http://dx.doi.org/10.2307/2058865.
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Hu, Nien-Tsu Alfred. "South China Sea: Troubled Waters or a Sea of Opportunity?" Ocean Development & International Law 41, no. 3 (August 17, 2010): 203–13. http://dx.doi.org/10.1080/00908320.2010.499312.
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Cai, Penghong. "The South China Sea: Troubled Waters in China-U.S. Relations." China Quarterly of International Strategic Studies 03, no. 02 (January 2017): 283–98. http://dx.doi.org/10.1142/s2377740017500130.
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Similar to his foreign policy and strategic thinking, President Trump’s South China Sea policy features strong uncertainty. The new president is keen on enhancing U.S. military strength, but often uses “suspense” to achieve better deals on the negotiation table. Whether the practice can be directly linked to the rebalancing strategy is uncertain, but it can be said that the Trump administration is seeking peace through stronger military power, which will exert complex impact on the security situation of the South China Sea as well as the rest of the Asia-Pacific region. President Trump believes that the United States should consolidate its maritime supremacy in the Asia-Pacific, yet seeking confrontation and conflicts is by no means a policy option for the United States to maintain its regional hegemony. In comparison, China’s approach to resolving disputes and the security dilemma with the United States is to seek common ground while shelving disputes. Both countries should try to enhance their mutual understanding on the South China Sea issue for sustainable development of China-U.S. relations.
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Wang, Fang. "South China Sea Territorial Disputes and Sino-Philippine Trade." Economic and Political Studies 3, no. 2 (July 2015): 85–111. http://dx.doi.org/10.1080/20954816.2015.11673832.
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Lim, An Suk, and Hae Jin Jeong. "Primary production by phytoplankton in the territorial seas of the Republic of Korea." Algae 37, no. 4 (December 15, 2022): 265–79. http://dx.doi.org/10.4490/algae.2022.37.11.28.
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The primary production (PP) by phytoplankton in marine ecosystems is essential for carbon cycling and fueling food webs. Hence, estimating the PP in the territorial sea of each country is a necessary step to achieving carbon neutrality. To estimate the PP in the territorial sea of the Republic of Korea from 2005 to 2021, we analyzed various physiochemical parameters, such as sea surface temperature (SST), Secchi depth, and concentrations of chlorophyll-a and nutrients in the seas of five regions, including the East Sea, West Sea, western South Sea, eastern South Sea, and the waters off Jeju Island. During the 17-year study period, the SST tended to increase, while the nutrient concentrations declined, except in the Jeju area. Overall, the PP did not show a specific temporal trend, but daily PP in the western South Sea was the highest among the five regions. Moreover, the maximum PP in the Korean territorial waters (76,450 km2 ) was estimated at 11,227 Gg C y-1, which accounts for 0.03% of the global PP. The results may give insights into a better understanding of the PP, further resource utilization, and environmental sustainability in the studied region.
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Stubbs, Matthew, and Dale Stephens. "Dredge Your Way to China?" Asia-Pacific Journal of Ocean Law and Policy 2, no. 1 (June 7, 2017): 25–51. http://dx.doi.org/10.1163/24519391-00201004.
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This article examines five of the most important legal issues arising from Chinese reclamation and construction in disputed areas of the South China Sea. First, does the construction have any impact on competing territorial claims in the South China Sea? Second, does the construction affect rights to maritime zones? This involves consideration of the differing legal significance of islands, rocks, low tide elevations and artificial islands, the relevance of land reclamation and construction in this context, and the resulting implications for maritime zones including territorial seas, eezs and safety zones. Third, are there other legal consequences arising from the Chinese activity (for example, on environmental grounds)? Fourth, does the construction bolster any potential ability of China to impose an Air Defence Identification Zone in the South China Sea? Fifth, what is the significance – legally and practically – of the award in the South China Sea Arbitration?
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deLisle, Jacques. "Troubled Waters: China's Claims and the South China Sea." Orbis 56, no. 4 (September 2012): 608–42. http://dx.doi.org/10.1016/j.orbis.2012.08.007.
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Kalinchuk, V. V., E. A. Lopatnikov, and M. V. Ivanov. "Atmospheric gaseous elemental mercury and its sea-air evasion fluxes from the Sea of Okhotsk to the South China Sea: results of cruise studies in 2019." Limnology and Freshwater Biology, no. 3 (2022): 1319–22. http://dx.doi.org/10.31951/2658-3518-2022-a-3-1319.
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Abstract. At present, the behavior of mercury in the sea-atmosphere system in the north western Pacific Ocean is poorly understood. From September to December 2019, continuous measurements of atmospheric gaseous elemental mercury (Hg(0)) and point measurements of Hg(0) evasion fluxes from the sea to the atmosphere were carried out during two adjacent cruises from the South China Sea to the Sea of Okhotsk. The median concentration of Hg(0) (1.1 ng/m3) was below both the background of the Northern Hemisphere and the average values previously recorded in these areas. There was a trend of increasing Hg(0) concentration with decreasing latitude. The Yellow Sea with adjacent territories and northeast China were the Hg(0) source area for the Sea of Japan and the Sea of Okhotsk. The Kuril sector of the Pacific Ocean was identified as a source of Hg(0) for the Sea of Okhotsk. East China, Southeast China and Indochina were sources of Hg(0) for the East China and South China seas. A winter increase in Hg(0) concentrations was observed in the Sea of Japan and the East China Sea. Our data showed significant relationships between Hg(0) fluxes, latitude, and water temperature.
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Wilson, Kimberly L. "Party Politics and National Identity in Taiwan’s South China Sea Claims." Asian Survey 57, no. 2 (March 2017): 271–96. http://dx.doi.org/10.1525/as.2017.57.2.271.
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How do states determine which geographical areas will be included in their territorial and maritime claims? This article uses an in-depth case study of Taiwan’s South China Sea claim to argue that national identity, as played out through party politics, is a dominant factor shaping Taiwan’s territorial and maritime claims.
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Bekkevold, Jo Inge. "Coast Guard Cooperation in the South China Sea." Asia-Pacific Journal of Ocean Law and Policy 4, no. 1 (June 19, 2019): 28–52. http://dx.doi.org/10.1163/24519391-00401002.
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The recent emergence of coast guard capabilities in East Asia necessitates a deeper assessment of the potential and limit of coast guard co-operation. Developing a framework of analysis based on the experiences of confidence-building measures (cbms) within the United Nations and the Conference on Security and Cooperation in Europe (csce), this article examines if enhanced coast guard cooperation can be a tool to build trust among littoral states in the South China Sea, reduce tension and increase stability in the region. The potential and limit of coast guard cooperation as a confidence-building measure are assessed along five dimensions: First, the importance of local ownership. Second, the necessity of a multi-level operational approach. Moreover, the challenge of spoilers and bureaucratic fragmentation. Fourth, transnational coast guards cooperation in disputed waters, and finally, the risk of cooperation and confidence-building being undermined by great power competition in contested waters.
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Kivimäki, Timo. "'Reason' and 'Power' in Territorial Disputes: The South China Sea." Asian Journal of Social Science 30, no. 3 (2002): 525–46. http://dx.doi.org/10.1163/156853102320945385.
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Setyawati, Anak Agung Ayu Diah, and Asyaffa Rizdqi Amandha. "Indonesia’s Cooperation with ASEAN Countries in Handling Transnational Crime Cases: South China Sea Dispute." Law Research Review Quarterly 8, no. 1 (February 8, 2022): 1–32. http://dx.doi.org/10.15294/lrrq.v8i1.52813.
Full textAbstract:
The dispute over the South China Sea is one of the disputes that has a high potential for conflict, especially in the ASEAN region. The South China Sea is a sea that irrigates many countries, such as Brunei, Malaysia, Vietnam, the Philippines China, Taiwan and Indonesia itself. Many things belong to the South China Sea, ranging from strategic interests and natural resources owned by the South China Sea. ASEAN in general and Indonesia specifically want territorial disputes in the South China Sea not to escalate into armed conflict. Therefore, Joint Development Authorities are formed in overlapping claim areas to develop the area and share the proceeds fairly without resolving the issue of sovereignty over the territory. Although not directly involved, Indonesia is neutral in disputes in the South China Sea. Indonesia has an interest in reducing the potential for such conflicts. The legal and diplomatic approach in the South China Sea conflict has been carried out by Indonesia for a long time, since the first president to the seventh president, President Jokowi and until now Indonesia is actively conducting diplomacy to realize a conducive and peaceful territorial area.
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Megawati, Ayu, and Gautama Budi Arundhati. "Dinamika Sikap Tiongkok Atas Putusan Mahkamah Arbitrase Tetap Internasional Nomor 2013-19 dan Pengaruhnya terhadap Indonesia." Lentera Hukum 5, no. 1 (May 7, 2018): 27. http://dx.doi.org/10.19184/ejlh.v5i1.6553.
Full textAbstract:
The Conflict in South China Sea involves several countries in Southeast Asia, such as the Philippines, Vietnam, Malaysia, Brunei Darussalam, and Indonesia. It is dealt with the rights of ownership, as a result of the People Republic of China (PRC) to unveil nine-dashed line which partially claims over South China Sea. But, it is followed by other countries to release new evidences on the territorial status of South China Sea. Though the Permanent Court of Arbitration had decided the petition of the Philippines in 2013, PRC could not admit the Arbitration. Essentially, Indonesia is not directly involved as a party in the case. But as the evidence provided by PRC, Natuna Islands is part of nine-dashed line in which it asserts that such islands are regarded part of PRC. As a result, Indonesia needs to anticipate on the further potential contention of territorial claims as it has islands around the South China Sea.
Keywords: South China Sea Dispute, Permanent Court of Arbitration
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Cotillon, Hannah. "Territorial Disputes and Nationalism: A Comparative Case Study of China and Vietnam." Journal of Current Southeast Asian Affairs 36, no. 1 (April 2017): 51–88. http://dx.doi.org/10.1177/186810341703600103.
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In autocracies, nationalism appears to have merged with geopolitical thinking. In light of this geopoliticisation of nationalism, it is surprising that the literature has paid virtually no attention to the role of territorial disputes as a conditioning factor. The present study seeks to further enhance the field by factoring in the role of territorial disputes in triggering different expressions of nationalism. It develops an analytical framework for typologies of nationalism according to four territorial disputes: China's dispute with Vietnam over maritime territory in the South China Sea, China's dispute with Japan over maritime territory in the East China Sea, Vietnam's dispute with Cambodia over territorial border demarcations, and Vietnam's dispute with China over maritime territory in the South China Sea. The respective disputes of China and Vietnam are analysed and tested against criteria of expressions of nationalism in autocracies. We find that territorial disputes and therefore external context are important conditioning factors of nationalism in autocracies.
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Keyuan, Zou. "Joint Development in the South China Sea: A New Approach." International Journal of Marine and Coastal Law 21, no. 1 (2006): 83–109. http://dx.doi.org/10.1163/157180806776639510.
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AbstractThe political situation in the South China Sea is complicated, as it contains potential for conflict with different national interests, in particular around the Spratly Islands which are currently under multiple territorial and maritime claims. This article argues for a new proposal of joint development, at least as a provisional means, pending the settlement of the territorial and maritime disputes, involving all the parties concerned, based on the 1982 United Nations Convention on the Law of the Sea and the 2002 Declaration on the Conduct of the Parties in the South China Sea Between the Association of Southeast Asian Nations (ASEAN) and China, so as to pave the way for the sharing of resources between ASEAN members and China on the one hand and to maintain regional peace and security in East Asia on the other.