Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982

Introduction: Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened...

Full description

Bibliographic Details
Main Authors: Popi Tuhulele, Richard Marsilio Waas, Afrizal Anshari Makatita
Format: Article
Language:English
Published: Universitas Pattimura, Fakultas Hukum 2023-12-01
Series:SASI
Subjects:
Online Access:https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1790
_version_ 1797387816285503488
author Popi Tuhulele
Richard Marsilio Waas
Afrizal Anshari Makatita
author_facet Popi Tuhulele
Richard Marsilio Waas
Afrizal Anshari Makatita
author_sort Popi Tuhulele
collection DOAJ
description Introduction: Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened in the South China Sea where China carried out reclamation in the Spratly archipelago. Purposes of the Research: To find out and analyze reclamation arrangements in the 1982 UNCLOS and the impact of reclamation laws carried out by countries in terms of the 1982 UNCLOS. Methods of the Research: This study uses a normative juridical research type. By using the statutory approach, case approach, and conceptual approach. Management and analysis of legal material in this study use qualitative analysis. Results of the Research: The results showed that the 1982 UNCLOS did not regulate coastal reclamation, but there were several articles in the 1982 UNCLOS that related to coastal reclamation and could be used as a basis, namely Article 11, Article 12, Article 56, and Article 60. The impact of reclamation for the delimitation of sea areas between countries is that the state will take its own way of understanding and interpreting the contents of the convention for its own benefit, one of which is to carry out reclamation which can lead to delimitation disputes, especially in areas where an agreement on territorial boundaries has not been established as happened in reclamation disputes in the Spratly Islands. in the South China Sea by China.
first_indexed 2024-03-08T22:30:36Z
format Article
id doaj.art-a97be7fe587f42c4a44df4e36f3870b6
institution Directory Open Access Journal
issn 1693-0061
2614-2961
language English
last_indexed 2024-03-08T22:30:36Z
publishDate 2023-12-01
publisher Universitas Pattimura, Fakultas Hukum
record_format Article
series SASI
spelling doaj.art-a97be7fe587f42c4a44df4e36f3870b62023-12-18T05:06:40ZengUniversitas Pattimura, Fakultas HukumSASI1693-00612614-29612023-12-0129481382510.47268/sasi.v29i4.1790928Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982Popi Tuhulele0Richard Marsilio Waas1Afrizal Anshari Makatita2Faculty of Law Pattimura University, AmbonFaculty of Law Pattimura University, AmbonFaculty of Law Pattimura University, AmbonIntroduction: Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened in the South China Sea where China carried out reclamation in the Spratly archipelago. Purposes of the Research: To find out and analyze reclamation arrangements in the 1982 UNCLOS and the impact of reclamation laws carried out by countries in terms of the 1982 UNCLOS. Methods of the Research: This study uses a normative juridical research type. By using the statutory approach, case approach, and conceptual approach. Management and analysis of legal material in this study use qualitative analysis. Results of the Research: The results showed that the 1982 UNCLOS did not regulate coastal reclamation, but there were several articles in the 1982 UNCLOS that related to coastal reclamation and could be used as a basis, namely Article 11, Article 12, Article 56, and Article 60. The impact of reclamation for the delimitation of sea areas between countries is that the state will take its own way of understanding and interpreting the contents of the convention for its own benefit, one of which is to carry out reclamation which can lead to delimitation disputes, especially in areas where an agreement on territorial boundaries has not been established as happened in reclamation disputes in the Spratly Islands. in the South China Sea by China.https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1790reclamationlegal impactunclos 1982.
spellingShingle Popi Tuhulele
Richard Marsilio Waas
Afrizal Anshari Makatita
Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982
SASI
reclamation
legal impact
unclos 1982.
title Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982
title_full Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982
title_fullStr Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982
title_full_unstemmed Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982
title_short Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982
title_sort arrangements concerning reclamation and their legal impacts in view from unclos 1982
topic reclamation
legal impact
unclos 1982.
url https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1790
work_keys_str_mv AT popituhulele arrangementsconcerningreclamationandtheirlegalimpactsinviewfromunclos1982
AT richardmarsiliowaas arrangementsconcerningreclamationandtheirlegalimpactsinviewfromunclos1982
AT afrizalansharimakatita arrangementsconcerningreclamationandtheirlegalimpactsinviewfromunclos1982