CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW
The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the nine-dash line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China’s interp...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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UUM Press
2023-04-01
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| Series: | Journal of International Studies |
| Subjects: | |
| Online Access: | https://e-journal.uum.edu.my/index.php/jis/article/view/19018 |
| _version_ | 1797844820183482368 |
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| author | Haniff Ahamat Salawati Mat Basir Saidatul Nadia Abd Aziz Mohd Hisham Mohd Kamal |
| author_facet | Haniff Ahamat Salawati Mat Basir Saidatul Nadia Abd Aziz Mohd Hisham Mohd Kamal |
| author_sort | Haniff Ahamat |
| collection | DOAJ |
| description |
The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the nine-dash line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China’s interpretation of historic rights and the territorial acquisition regime under positive international law. This paper argues that Islamic international law has clearer principles on historic rights that do not upset the territorial sovereignty of coastal states. However, these principles must be appraised in the correct context of Islamic international law because it subscribes to a different approach to state sovereignty. Due to the importance of historic rights in this paper, the authors used both black letter and historical approaches to legal research. With historical legal research, the authors looked at the historical facts objectively in order to know how legal rules on sovereignty claims over maritime areas are formed throughout history particularly from the perspective of Islamic international law. This paper enables Islamic international law to offer a middle ground in which the proponents and opponents of China’s historical rights claims could meet.
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| first_indexed | 2024-04-09T17:29:38Z |
| format | Article |
| id | doaj.art-bbe6375c912040c2ae427c7f5bbd00ce |
| institution | Directory Open Access Journal |
| issn | 1823-691X 2289-666X |
| language | English |
| last_indexed | 2024-04-09T17:29:38Z |
| publishDate | 2023-04-01 |
| publisher | UUM Press |
| record_format | Article |
| series | Journal of International Studies |
| spelling | doaj.art-bbe6375c912040c2ae427c7f5bbd00ce2023-04-18T07:47:20ZengUUM PressJournal of International Studies1823-691X2289-666X2023-04-0119110.32890/jis2023.19.1.10CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAWHaniff Ahamat0Salawati Mat Basir1Saidatul Nadia Abd Aziz2Mohd Hisham Mohd Kamal3Faculty of Law, National University of MalaysiaFaculty of Law, National University of MalaysiaFaculty of Law, National University of MalaysiaAhmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the nine-dash line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China’s interpretation of historic rights and the territorial acquisition regime under positive international law. This paper argues that Islamic international law has clearer principles on historic rights that do not upset the territorial sovereignty of coastal states. However, these principles must be appraised in the correct context of Islamic international law because it subscribes to a different approach to state sovereignty. Due to the importance of historic rights in this paper, the authors used both black letter and historical approaches to legal research. With historical legal research, the authors looked at the historical facts objectively in order to know how legal rules on sovereignty claims over maritime areas are formed throughout history particularly from the perspective of Islamic international law. This paper enables Islamic international law to offer a middle ground in which the proponents and opponents of China’s historical rights claims could meet. https://e-journal.uum.edu.my/index.php/jis/article/view/19018Historic rightslaw of the seaconsolidation of titleIslamic international lawSouth China Sea |
| spellingShingle | Haniff Ahamat Salawati Mat Basir Saidatul Nadia Abd Aziz Mohd Hisham Mohd Kamal CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW Journal of International Studies Historic rights law of the sea consolidation of title Islamic international law South China Sea |
| title | CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW |
| title_full | CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW |
| title_fullStr | CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW |
| title_full_unstemmed | CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW |
| title_short | CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW |
| title_sort | china s south china sea claims the historic rights debate and the middle approach of islamic international law |
| topic | Historic rights law of the sea consolidation of title Islamic international law South China Sea |
| url | https://e-journal.uum.edu.my/index.php/jis/article/view/19018 |
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