Contesting Views of the Philippines and China over the Nine-Dash Line in the South China Sea

Author:Marthen Napang - Farida Patittingi - Zulkifli Aspan - Achmad Ruslan - Birkah Latief - Ruslan Hambali - Marcel Hendrapati
Position:Marthen Napang, Farida Patittingi, Juajir Sumardi, Zulkifli Aspan, Achmad Ruslan, and Marcel Hendrapati are Lecturers of Law Faculty at Hasanuddin University, Republic of Indonesia. Corresponding author: Marcel Hendrapati. He may be contacted at: mhendrapati@yahoo.com.
Pages:180-191
SUMMARY

The PCA’s decision refusing historic rights concerning the 9-DL cannot be enforced because the decision advantaging the Philippines has already been rejected by China. It, however, may be as a reference for some states to negotiate, since an optimistic atmosphere emerges among the disputing parties. The readiness for negotiation among them clearly requires that parties should not have rigid... (see full summary)

 
FREE EXCERPT
Contesting Views of the Philippines and China over
the Nine-Dash Line in the South China Sea

Achmad Ruslan, Birkah Latief, Ruslan Hambali
& Marcel Hendrapati
The PCA’s decision refusing historic rights concerning the 9-DL cannot be enforced
because the decision advantaging the Philippines has already been rejected by China. It,
however, may be as a reference for some states to negotiate, since an optimistic atmosphere
emerges among the disputing parties. The readiness for negotiation among them clearly
      
the reciprocity principle. On one side, the PRC should set aside its typical intention to
dominate most parts of the South China Sea as its traditional fishing ground based on
historic rights concerning the 9-DL. On the other side, the Philippines should guarantee
the regional stability and peace without questioning the real sovereignty of the PRC over
several natural features, possibly related to the 9-DL claimed as its historic rights. The
9-DL is incompatible with the UNCLOS.
Keywords
Nine-dash Line, 9-DL, Historic Rights, PCA, Natural Features, Traditional
Fishing Ground.
* Marthen Napang, Farida Patittingi, Juajir Sumardi, Zulkifli Aspan, Achmad Ruslan, and Marcel Hendrapati are
Lecturers of Law Faculty at Hasanuddin University, Republic of Indonesia. Corresponding author: Marcel Hendrapati.
He may be contacted at: mhendrapati@yahoo.com
J. EAST ASIA & INTL L. Vol. 12/No.1 (2019); 180-192
Publication type : Research Article
Section : East Asian Observer
DOI : http://dx.doi.org/10.14330/jeail.2019.12.1.10

To continue reading

REQUEST YOUR TRIAL