Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea
China's unilateral claim to an area in the South China Sea, which it calls the nine-dash line, the traditional fishing ground, has triggered boundary conflicts in border countries. In this context, Indonesia calls the area that intersects the North Natuna Sea based on the 1982 United Nations Co...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Universitas Lampung
2023-10-01
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| Series: | Lampung Journal of International Law |
| Subjects: | |
| Online Access: | https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/3054 |
| _version_ | 1797367618476179456 |
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| author | Khoirur Rizal Lutfi |
| author_facet | Khoirur Rizal Lutfi |
| author_sort | Khoirur Rizal Lutfi |
| collection | DOAJ |
| description | China's unilateral claim to an area in the South China Sea, which it calls the nine-dash line, the traditional fishing ground, has triggered boundary conflicts in border countries. In this context, Indonesia calls the area that intersects the North Natuna Sea based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This difference in perception is alarming to the international relations between the two countries. This paper aims to analyze how international law views the position of political and cultural boundaries as the basis for claims to an area. This way, dispute resolution with a win-win solution perspective can be formulated in the South China Sea case. The analysis results show that political and cultural boundaries have justification and legitimacy based on international law. Political boundaries emphasize the State's commitment to translating agreements into international treaties bilaterally, regionally, or universally. In contrast, cultural boundaries still require an inventory of the evidence that China's claim is based on, whose legitimacy process must be based on a decision-making institution. However, any legal process will be challenging if the cultural approach is not completed. Apart from that, the essential thing in resolving the South China Sea conflict is the commitment of the State's compliance to international agreements made, decisions of dispute resolution institutions, and settlement steps through a cultural approach. |
| first_indexed | 2024-03-08T17:19:58Z |
| format | Article |
| id | doaj.art-8c99ec0828ae4e24adfdb67bd79e2afa |
| institution | Directory Open Access Journal |
| issn | 2656-6532 2723-2603 |
| language | English |
| last_indexed | 2024-03-08T17:19:58Z |
| publishDate | 2023-10-01 |
| publisher | Faculty of Law, Universitas Lampung |
| record_format | Article |
| series | Lampung Journal of International Law |
| spelling | doaj.art-8c99ec0828ae4e24adfdb67bd79e2afa2024-01-03T06:51:55ZengFaculty of Law, Universitas LampungLampung Journal of International Law2656-65322723-26032023-10-01528710010.25041/lajil.v5i2.30541784Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China SeaKhoirur Rizal Lutfi0Universitas Pembangunan Nasional Veteran JakartaChina's unilateral claim to an area in the South China Sea, which it calls the nine-dash line, the traditional fishing ground, has triggered boundary conflicts in border countries. In this context, Indonesia calls the area that intersects the North Natuna Sea based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This difference in perception is alarming to the international relations between the two countries. This paper aims to analyze how international law views the position of political and cultural boundaries as the basis for claims to an area. This way, dispute resolution with a win-win solution perspective can be formulated in the South China Sea case. The analysis results show that political and cultural boundaries have justification and legitimacy based on international law. Political boundaries emphasize the State's commitment to translating agreements into international treaties bilaterally, regionally, or universally. In contrast, cultural boundaries still require an inventory of the evidence that China's claim is based on, whose legitimacy process must be based on a decision-making institution. However, any legal process will be challenging if the cultural approach is not completed. Apart from that, the essential thing in resolving the South China Sea conflict is the commitment of the State's compliance to international agreements made, decisions of dispute resolution institutions, and settlement steps through a cultural approach.https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/3054politicalculturalboundariessouth china sea |
| spellingShingle | Khoirur Rizal Lutfi Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea Lampung Journal of International Law political cultural boundaries south china sea |
| title | Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea |
| title_full | Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea |
| title_fullStr | Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea |
| title_full_unstemmed | Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea |
| title_short | Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea |
| title_sort | political and cultural boundaries in the conflict between indonesia and china in the south china sea |
| topic | political cultural boundaries south china sea |
| url | https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/3054 |
| work_keys_str_mv | AT khoirurrizallutfi politicalandculturalboundariesintheconflictbetweenindonesiaandchinainthesouthchinasea |