Unilateral Claim in Dispute of Island Over the South China Sea

In the unilateral claim, every determination of a territory is the right of a sovereign state and does not require agreement with international organizations or other countries. Especially regarding the borders of a country, many international regulations require a joint determination (bilateral or...

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Main Authors: Muhammad Nasir, Wan Siti Adibah Wan Dahalan, Harun Harun, Phoenna Ath Thariq
Format: Article
Language:English
Published: Sriwijaya University 2020-01-01
Series:Sriwijaya Law Review
Subjects:
Online Access:https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/221
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author Muhammad Nasir
Wan Siti Adibah Wan Dahalan
Harun Harun
Phoenna Ath Thariq
author_facet Muhammad Nasir
Wan Siti Adibah Wan Dahalan
Harun Harun
Phoenna Ath Thariq
author_sort Muhammad Nasir
collection DOAJ
description In the unilateral claim, every determination of a territory is the right of a sovereign state and does not require agreement with international organizations or other countries. Especially regarding the borders of a country, many international regulations require a joint determination (bilateral or multilateral). The norm will impact the absence of responses from another country, or such a country does not react because its interests were not disturbed. China's unilateral statement over the South China Sea has tried to dominate globally, and at the same time, there has been no stabilization of peace. It will likely continue, expand, and have long-term adverse impacts on the regional economic and security situation in the region. China's unilateral claims in the South China Sea have also resulted in other warring countries, strengthening their presence and claims. This research uses normative approach which examines the unilateral claims under international law in the South China Sea especially in the UNCLOS 1982 and other related international law instruments. As a result, for China, it is necessary to improve its current position, at least it needs to negotiate in the future. Countries which is involved in the South China Sea should clarify and submit territorial claims and maritime rights under international law, including the UNCLOS 1982.
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series Sriwijaya Law Review
spelling doaj-art-7535ae9d8b5b409181efe4eaaab08b7a2025-08-24T02:36:24ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642020-01-014110.28946/slrev.Vol4.Iss2.221.pp1-8211Unilateral Claim in Dispute of Island Over the South China SeaMuhammad Nasir0Wan Siti Adibah Wan Dahalan1Harun HarunPhoenna Ath ThariqUniversity of MalikussalehNational University of Malaysia In the unilateral claim, every determination of a territory is the right of a sovereign state and does not require agreement with international organizations or other countries. Especially regarding the borders of a country, many international regulations require a joint determination (bilateral or multilateral). The norm will impact the absence of responses from another country, or such a country does not react because its interests were not disturbed. China's unilateral statement over the South China Sea has tried to dominate globally, and at the same time, there has been no stabilization of peace. It will likely continue, expand, and have long-term adverse impacts on the regional economic and security situation in the region. China's unilateral claims in the South China Sea have also resulted in other warring countries, strengthening their presence and claims. This research uses normative approach which examines the unilateral claims under international law in the South China Sea especially in the UNCLOS 1982 and other related international law instruments. As a result, for China, it is necessary to improve its current position, at least it needs to negotiate in the future. Countries which is involved in the South China Sea should clarify and submit territorial claims and maritime rights under international law, including the UNCLOS 1982. https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/221Dispute of Islandsthe South China SeaUnilateral Claim.
spellingShingle Muhammad Nasir
Wan Siti Adibah Wan Dahalan
Harun Harun
Phoenna Ath Thariq
Unilateral Claim in Dispute of Island Over the South China Sea
Sriwijaya Law Review
Dispute of Islands
the South China Sea
Unilateral Claim.
title Unilateral Claim in Dispute of Island Over the South China Sea
title_full Unilateral Claim in Dispute of Island Over the South China Sea
title_fullStr Unilateral Claim in Dispute of Island Over the South China Sea
title_full_unstemmed Unilateral Claim in Dispute of Island Over the South China Sea
title_short Unilateral Claim in Dispute of Island Over the South China Sea
title_sort unilateral claim in dispute of island over the south china sea
topic Dispute of Islands
the South China Sea
Unilateral Claim.
url https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/221
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AT phoennaaththariq unilateralclaimindisputeofislandoverthesouthchinasea