The Indonesian Journal of International Clinical Legal Education
Vol. 5 No. 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted E

Criticize the Legality of the People's Republic of China Claims the Nine Dash Line under International Law

Muhammad Ghaffaar Irsyad (Unknown)
Al Khanif (Unknown)



Article Info

Publish Date
29 Sep 2023

Abstract

This study aims to find out and analyze the legality of the PRC's claim to the Nine Dash Line based on the historical claim of the PRC's Traditional Fishing Right in the South China Sea (SCS) from the perspective of international law sourced from the United Nations Convention on the Law of the Sea 1982 and PRC efforts to defend their claims in the SCS from countries with both claims and interests. This type of research is normative legal research using the Statute Approach and the Conceptual Approach. This study concludes that if you look at UNCLOS 1982, the PRC's claim to the Nine Dash Line cannot be maintained as a territorial claim because UNCLOS 1982 does not regulate how to determine the baseline based on historical claims, and according to UNCLOS 1982 handles the drawing of the baseline in 3 ways. Then, the PRC, in defending its claims, used various means such as the military occupation of uninhabited islands, increased military force, and deployment of ADIZs. In addition, the PRC also divided ASEAN in taking a stand on the SCS dispute.

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Journal Info

Abbrev

iccle

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research ...