Historical Rights Research Articles

Yemeni and regional maritime doctrine in light of the decline of the liberal theory of freedom of navigation in EEZ

The presence of the USCENTCOM , AFRICOM and 34 foreign countries in the vital Yemeni, Arab, and national maritime spheres contributed to a flagrant violation of maritime laws and international political relations. Likewise, the presence and activities of the strategic and tactical military naval units of the aircraft carrier, submarines, and American and British nuclear naval destroyers in the Red Sea. The Gulf of Aden is a breach and violation of international law and agreements regulating freedom of navigation and a blatant assault on Yemeni sovereignty in its vital maritime sphere, as it is located in exclusive Yemeni economic waters, in addition to its nuclear effects in destroying the marine environment and human security. It constitutes a source of danger to food and maritime security, stability, and international peace. The study aims to clarify the influence of Western geopolitical thought and the behavior of American foreign policy in international relations and maritime laws, which is witnessing a major decline and failure in its global policy because it used the policy of American military force to achieve its own political goals and imposed the methodology of Western liberal maritime thought to control and limit the rights of the Yemeni, Arab, and Islamic coastal states. Which contradicts customs, laws, and agreements and affects historical rights and the Yemeni, Arab, and regional maritime domain. The study is expected to confirm the modern Yemeni, Arab, and Islamic hypothesis that the high seas and international maritime waters are within a distance of 200 nautical miles from the baseline and to affirm the right of Yemen and the Arab nation to be protected. The vital area of the United Arab Emirates and the Islamic and regional countries extends from the Atlantic Ocean to the Mediterranean, the Arabian Gulf, the eastern and western Indian Ocean to the Antarctic Ocean, and there is a call for holding maritime conferences in order to develop traditional Western maritime legal theories and concepts that seek to limit the rights of coastal states, establish perceptions, and reach an update to the laws regulating freedom of maritime navigation in accordance with the views of the peoples of the world and in response to global changes in multipolarity.

The role of tradition in the territorial dispute between Vietnam and China

The article analyzes the arguments of Vietnam and China on the ownership of the Paracel Islands and the Spratly archipelago in the South China Sea. The evidence base of the parties is based on historical justifications, which do not include all the islands of the archipelagos with geographical coordinates, have no data on permanent human habitation and economic activity. The International Tribunal in The Hague (2016) issued a verdict that China’s claims to “historical rights” over the maritime areas of the South China Sea contradict the 1982 UN Convention on the Law of the Sea and are null and void.

State Silence as Acceptance: A Presumption and an Exception

Abstract This study considers State silence which may entail acquiescence and can thus contribute inter alia to the formation of historic rights, the identification of customary international law, and the interpretation of treaties over time. Relying on the historical understanding of acquiescence in British and francophone literature, it argues that there are probability and normative justifications for establishing acquiescence as a ‘presumption of acceptance’ in international law, and that these considerations have influenced the modern international law understanding of acquiescence as an exceptional occurrence subject to stringent qualifications.

International legal means of protecting the historical rights of Russia in the waters of the Northern sea route

Provocative actions of the United States of America in Arctic waters stimulate the Russian Federation to take steps to strengthen the legal regime of the Northern Sea Route. At the same time, Russia must rely on indisputable historical rights and focus on the legal experience of another large Arctic state – Canada, which defends its sovereignty in the waters of the Northwest Passage. At the same time, the Russian Federation has an extensive arsenal of legal means at its disposal. In addition to the provisions of the 1982 UN Convention on the Law of the Sea – legal customs, historical title, environmental jurisdiction.

Multipluralism with education in Google books: Mechanisms descriptive about transsexuality and social representations and rights of adolescents

The work presented was prepared according to the need to understand the representations of human beings in their recognized historical rights identified throughout mainly adolescence as an important stage of life. This research is also motivated to understand public health policies identified in alignment with the representations of the human being in the phases of life, especially those aimed at transsexuals. I used the following lexical items added in English using the search engine through Google Books and, concomitantly, scanning in Brazilian Portuguese in a correspondence search engine called Brazilian Corpus made available by the Linguateca1 initiative. Therefore, these are recognized masculine genders, women, gays, lesbians, homosexuals, transgender people; person, transgender, transgender person, transsexual person, spiritual person, transgender person, transsexual person, gender queer, gender dysphoria, gender identity, gender diverse, gender non-conforming minors, gender non-conforming, gender affirming, non-binary; non-binary; transgender, gender diversity, non-conforming adolescents, LGBTQ, non- conforming people, minority genders, gender transition, family, adopted family (as well as their own plural forms). The phases of life have been operationalized by the following measures: man, woman, adolescent, adolescence, adult, boy, girl, child, elderly, child, young person and adolescent (as well as their plural forms). The data for the analysis consists of publications made available by Google Books in the period 1800 to 2008, totaling approximately 500 million words, in addition to the use of the SKETCH ENGINE Corpus which brings together publications in English and Brazilian Portuguese in this analysis. The Portuguese Corpus contains around 1 billion words of data from newspapers and magazines on the Internet in four Portuguese-speaking countries between 2012 and 2019 and is called the Portuguese Web (ptTenTen20). To this end, several analyzes were carried out, focusing in particular on the results related to the rights of transsexual people and when these rights began to be recognized in publications and the possible health policies addressed to adolescents and education.

Русская Арктика: от становищ к «колониям» (адаптация, семья, культура)

In the chosen world, special attention is riveted to the Arctic. Against the backdrop of an overpopulated, overburdened South, conflicts and military clashes occur. The territory of the North and the Arctic is not taken into account as a certain land "reserve" of the planet, where space is still rarefied in that the climate is heavier and harsher. The creation of an environment for human life here, the evolution of this environment, from phenomenal to quite acceptable civilized forms, is the application of the experience of social history, which is very important for understanding the geography of the Russian world, substantiating the status of Russia as an Arctic state.
 The purpose of the research project "Russian Arctic: from settlements to "colonies" (adaptation, family, culture)", implemented for three years (2020–2022), was the historical reconstruction of family-related structures that appeared on the Murmansk coast of the Barents seas during the formation of a permanent population in this area (the second half of the 19th – early 20th centuries). Based on the processing of registers of births and other records of the Orthodox population, demographic data were reconstructed and introduced into scientific circulation for the first time, as well as family structures in the form of generational lists of families living in this area, which included information about more than 7 thousand people. The results of the project are summarized in the new scientific publication "Historical and genealogical atlas of the Russian Arctic: Murmansk coast of the Barents Sea (1868–1920)". The publication illustrates the contribution of Russians to the development of the Arctic and is one of the visible evidence of Russia's historical rights to this region of the planet.

Geopolitical Imaginations: Czech and Slovak Variants

Original models for the boundaries of Central Europe, reflecting Czech or Slovak national interests, are seldom encountered. Those that emerged in Czech and Slovak milieus and bear the features of geopolitical imaginations – ones that respect the dynamics of power movement within space and the logic of power balance – are threefold. Firstly, there is the vision of a broader federation, a state composed of multiple nationalities or original states that can balance external pressures from the west and/or the east. The most significant proponent of this model as a means of securing the Czech (Czech–Slavic) national interest is František Palacký. The second model is an empire rooted in Pan-Slavism and capable of resisting western pressure. This concept is most refined in the work of Ľudovít Štúr. The third model, resembling a nation-state, relies on both the potential for fostering collaboration among a bloc of Slavic states and the support of Western powers against Pan-German expansionism. The most prominent author of this model is Tomáš G. Masaryk. Other models, like proletarian internationalism or the European Union, draw from these sources but, in defining national interests, do not proceed from the principle of nations’ right to self-determination. Practical experience has shown the limited possibilities of all the aforementioned geopo- litical imaginations: that they are supplemented, for instance, by historical rights, strategic necessity, or the civic principle and, in some instances, that they fail due to the shifting balance of power in Central Europe. However, replacing them with the civic principle within European integration today entails risks. The only solution is a balanced respect for social, ethnic, and civic rights and the projection of this dynamic balance into international relations.

Ideas of National Self-Determination and Sovereigntyin the Political-Philosophical Concepts of Maghakia Ormanyan and Levon Shant

XIX-XX century’s geopolitical realities, constitutional and national-liberation movements, and the change in Ottoman statelegal order became the historic-political basis of the politicalphilosophical constructs of the thinkers of that time. Due to the military and diplomatic policies of the superpowers Full or partial liberation of the people under the rule of the Ottoman Empire was conceived by the Armenian nation as a historic injustice against the Armenians and a violation of the principle of the legal equality of the nations. In the context of these realities, prominent political scientist-philosophers of that century Maghakia Ormanyan (1841-1918) and Levon Shant (1869-1951) argue for the fundamental ideas of civilizational identity, protection of historical rights, political self-determination, freedom of self-government of the Armenian nation, substantiate independence and national-state sovereignty as highest values.

Revisiting Traditional Fishing Rights: Sustainable Fishing in the Historic and Legal Context

Poor fishing practices and overfishing are now imperiling livelihoods on small-scale fishing. Traditional fishing rights as one of the legal guarantees for small-scale artisanal fishers under SDG 14 may be abused in various maritime zones, which is precisely because such rights are not well-reflected in the United Nations Convention on the Law of the Sea (UNCLOS), leading to uncertainty between theories and practice. In order to better implement SDG 14 and its targets for sustainable fishing, this paper examines the practical meaning of traditional fishing rights through tracing back the origins, nature and legal elements of such fishing rights by jurisprudence and state practice, and it differentiates its distinctions between ‘historic rights’. Based on this, the paper analyzes the application of these fishing rights in different maritime zones and suggests sustainable ways of making a balance between the jurisprudence and practice for a healthy ocean.

Formation of Czechoslovakia: an artificial state?

The study focuses on the dynamics of the formation of the inde- pendent Czechoslovak Republic in the context of the Great War and the immediately following post-war period. Emphasis is placed on identifying the concepts on which Czechoslova- kia’s territorial claims to the territory of the former Austro-Hungarian and German empire were based and their formative influence on the subsequent political and economic orientation of the new state formation in the web of newly constructed rela- tions in the Versailles-era geographic and geopolitical config- uration of the wider Central European area. An important context for this paper is that the period under study represents a paradigmatic shift for Central Europe with the dramatic disintegration of integrated state entities into a number of independent states in accordance with the right to self-determination of nations advocated by American president Woodrow Wilson. In connection with the right to self-determination, the author of the article mentions that the Czechoslovak state was granted this right in full, despite some fabrications concerning the concept of a Czechoslovak nation of two “branches” speaking the Czechoslovak language and Edvard Beneš’s “inaccuracies” about the number and other socio-geographical character- istics of the German population in the territory claimed by Czechoslovakia at the Paris Peace Conference. Moreover, it was rather peculiar that the new state with a republican order insisted on the historical raison d’etre, i.e. on the full consid- eration of the historical rights of the Crown of the Kingdom of Bohemia in the Czech lands, and conversely, on the break- ing of the millennial union of Slovakia with the Crown of St. Stephen’s lands on the basis of the natural right of the “imagined” Czechoslovak nation to its state. Last but not least, the paper addresses the question of whether this fragmentation, or Balkanisation in the contemporary sense of the term, helped to stabilize the overall post-war situation in Central Europe, or whether it created a rather undesirable and dangerous power vacuum in this vital area for European security. In this context, the paper elucidates the genesis of the idea of state independence from the declaration of loyalty to Emperor Charles I by the domestic political representation during the war to the leaning towards the position of the Czech emigre and the disintegration of the century-old union of territories of the Habsburg monarchy after the final reversal of the war events in the summer of 1918. The author of the study also raises the question of whether this programme was implemented with the consent of the Diets of particular crown lands or German popula- tion prior to the proclamation or after the proclamation of inde- pendent Czechoslovakia on 28 October 1918, or only through the unelected Czechoslovak National Committee or the Revolutionary National Assembly from Prague. The question of the role of the emperor, or his dethronement, as well as Czechoslovakia’s attitude to the continuity of Austro-Hungarian statehood in contrast to the reception of the Austro-Hungarian legal order, is also considered. The author of the study also emphasizes the fact that Czechoslovakia, like other successor states, was emerging in a completely new reality and that Czechoslovakia in particular lacked the essential element of statehood, sovereignty, in much of the territory it claimed, especially in the German-speaking border areas and Slovakia; therefore, trade and political relations played a key role in this situation as one of the main surrogate instruments of state sovereignty. The article also deals with the use of the more robust resource and industrial base and the privileged position of a member of the Entente to promote Czechoslovak political interests with neighbouring states, especially Austria, particularly in the context of the recognition of Czechoslovak control over the parts of Czech lands inhabited by the German-speaking population that had come under Czechoslovak administration before the signing of the Treaty of Saint-Germain. Some attention is also paid to the complicated issue of Teschen (Cieszyn) in the context of relations with Poland.

A Chinese Notion of Indivisibility of Security?

A Chinese Notion of Indivisibility of Security? Zha Daojiong (bio) and Dong Ting (bio) Is the inclusion of "indivisible security" in Chinese president Xi Jinping's address at the 2022 Boao Forum for Asia a coincidence of timing with Russian military action against Ukraine or a new expression of Chinese thinking on international security? Regarding timing, the speech was made on February 21, three days before Russia initiated what it called a "special military operation" in Ukraine. Also, the vocabulary "indivisible security" is generally associated with Russian perspectives on international affairs. In terms of substance, the following statements are value-loaded: "we humanity are living in an indivisible security community" and "it is important that we … uphold the principle of indivisible security" caught particular international attention (MFA 2022). They seem to be a general set of principles. Answers to this and extended questions are therefore significant for appraising Chinese positions on the ongoing conflict and potentially consequential for predicting China's security actions in the future. American and other Western reactions to the Chinese utterance range from rebuttal by diplomats to calls for dialogue toward the shaping of a common understanding "in a way that prevents it from becoming a pretext for armed conflict" (Freeman and Stephenson 2022). We deem it meaningful to approach the question by reviewing the phrase's usage in the Chinese language, as international projection of security discourses is country-specific. In Xi's speech, the expression is anquan buke fenge (安全不可分割), put forward as a principle (yuanze, 原则). The core elements therein are anquan (security, 安全) and buke fenge (not to be divided or separated in conceptualization, 不可分割). When used for discussing topics pertaining to national security and/or international affairs, buke fenge can be translated into English as "inalienable," "inseparable" or "indivisible." It is useful and [End Page 323] even necessary to appraise intended meaning and/or nuance in Chinese in contexts. Buke Fenge as Inalienable Since the founding of the People's Republic of China (PRC) on October 1, 1949, the PRC has steadfastly and unfailingly used buke fenge to refer to its definition of the country's territory and the eventual unification of China as a nation. The appropriate corresponding translation in English is "inalienable." The expression consistently refers to Taiwan: its population and land territories under its control and adjacent territorial waters. That Taiwan is an inalienable part of China and/or China's territory forms the core of what the PRC defines as its One China principle. As is familiar to scholars of contemporary China, when used to qualify the Chinese government's insistence on the territorial scope or sovereign rights, buke fenge also refers to Tibet and Xinjiang, when incidents of instability in those parts of the country occur. In other words, the expression is indigenous. It amounts to a frontal rejection of the notion of "China proper," a term associated with discussing the territorial scope of Chinese empires before its boundaries are established in the modern nation-state system. So much so that the PRC insists that the "Taiwan Question" is domestic by nature; only that the PRC has to live with a One China policy, as is typified by the United States decision, made in 1979, to recognize the PRC as a sovereign entity in the United Nations system but simultaneously to handle its ties with Taiwan through domestic legislations ever since. In this connection, it is useful to note that buke fenge is seldom, if ever, used to describe the PRC's positions or justify actions over the territorial status of the Diaoyu/Senkaku islands in the East China Sea or land features in the South China Sea. It is true that the PRC has claimed land features in the East China Sea as part of China since ancient times. Over land and waters in the South China Sea, it is more common for Chinese positions to be expressed as having historical rights. China does not subscribe to the notion of those islands and undersea features as terra nullius, nor does it define them as inalienable. In other words, the absence of buke fenge can be understood as a recognition of the disputed nature of sovereignty claims...

Historical Rights of States to Maritime Water Areas and the Legal Status of the Sea of Okhotsk

INTRODUCTION.Based on the study of the international law, doctrine and practice of states, the article analyzes the content of the institution of the historical rights of the state to the sea areas, its correlation with the provisions of the 1982 UN Convention on the Law of the Sea, as well as the legal status of the Sea of Okhotsk and the possibility of its adjustment in in the context of a possible statement by Russia that it has historical rights to its water area. MATERIALS AND METHODS.The issues raised in the article are structurally divided into three main groups. The first one is related to the study of the rea­sons for the emergence of the institution of historical rights of states to maritime areas in the international law of the sea, as well as its correlation with the legal mechanisms for the delimitation and use of maritime spaces defined by the 1982 UN Convention. The second is devoted to studying the structure of this institution and definition of the concept and content within its framework of such key notions and categories as “historical bays”, “historical waters”, “historical legal foundations”, “historical title of the state” and some others. The third group is directly connected with the definition of the fundamental possibility and potential scope of the extension of the Russian Federation historical rights to the waters of the Sea of Okhotsk. RESEARCH RESULTS.When writing the work, the authors proceeded from the fact that despite the limited potential of Russia's possible actions to defend its his­torical title to the Sea of Okhotsk, they can not be considered unpromising in the foreseeable historical per­spective. At the same time it should be borne in mind that the way to achieve success in solving this problem should not lie in declaring its water area an inland sea or historical waters of Russia, but in legitimizing by our state a number of its exclusive historical rights in this maritime area based on Russia's vital interests. DISCUSSION AND CONCLUSIONS.The content of the institution of the historical rights of states to maritime spaces, as well as the new political reality, give the Government and the State Duma of the Russian Federation all the necessary grounds for raising the question of a partial change in Russia's position on the legal status of the Sea of Okhotsk and the development of a new strategy for upholding Russia's historical rights to its water area, as through the adoption of unilateral internal legal acts, and through the implementation of a consistent policy to disseminate and uphold this point of view in international relations within the framework of negotiations with foreign states and the activities of relevant international bodies and organizations.

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 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.

论海洋法历史性权利之“持续有效行使相关管辖权”要件

论海洋法历史性权利之“持续有效行使相关管辖权”要件

THE PRINCIPLE THAT THE LAND DOMINATES THE SEA IN THE CONTEXT OF SOUTH CHINA SEA DISPUTES: A CRITICAL APPRAISAL

According to the principle that the land dominates the sea, the land is always the basis for any claim of maritime entitlements. Without a land with a coastline or coastal front under its sovereignty, no state can claim any maritime entitlement. The land here includes not only the continental mainland but also islands which may generate the same maritime entitlements. Nonetheless, certain claimants of the South China Sea have rejected or tried to bend the principle in furtherance of their respective claims. The main objective of the present paper, therefore, is to assess the status of the principle as customary international law and its application to the nine-dash-line claim of China and other claims based on maritime features such as atolls, coral reefs, shoals, and the like. The paper reviews the decisions of the international courts and tribunals on one hand and analyses the relevant provisions of the UNCLOS on the other. The paper also applies interpretative tools to reaffirm the meaning of Article 121 of the UNCLOS: the regime of islands. The paper concludes that the claim of historic rights in the nine-dash-line is not squarely in accord with the principle and that most of the claims on the South China Sea that are based on artificially built structures and land reclamation defeat the letter and spirit of the regime of islands, which is a manifestation of the principle that the land dominates the sea.

THE SOUTH CHINA SEA'S NINE DASH LINE: KEY DISPUTES AND CHINA’S HISTORICAL RIGHTS CLAIMS

On the official sovereignty map of China, there is a u-shaped line, which covers an area of about 2.1 million square kilometers in the South China Sea（SCS）region. The Philippines, Vietnam, Malaysia, and other interested countries have raised many questions about the nine-dash line in recent years. The article has studied such materials as the official statement of China, the treaties and conventions signed by China, and the arbitration award obtained from the Philippines' lawsuit to the Permanent Court of Arbitration（PCA） in 2013 and has made an in-depth study of the legal nature, types of rights and specific rights of the nine-dash line. The study concluded that, first, China's delimitation of the nine-dash line is in line with international customary law and international practice, and this action does not violate the territorial sea regime of the United Nations Convention on the Law of the Sea（UNCLOS）; Second, the nine-dash line in the SCS is not the "national boundary", but it is China's "island ownership line", and also the dividing line between China's maritime rights in the SCS and other countries; Third, the historical rights that China strongly advocates include but are not limited to fishing rights, navigation rights, and oil and gas resources rights; Fourth, the international community should attach importance to and respect China's historical rights view of the nine-dash line sea area. Any ruling that does not respect China's historical rights will not be accepted by China

Corporate reporting on conflict: A struggle over land

• The paper draws attention to corporate use of discourse of physical conflict for the legitimisation of violence. • The paper suggests that discourse of conflict can be used to create inequality. • The paper suggests that conflict over land is rooted in colonial legacies. • The paper suggests that the language of corporate reports lend support to post-colonial ideologies. This paper explores how discourse is used as a strategic resource in boundary work to confront conflict between large scale mining companies and artisanal small-scale miners for legitimacy management. This research process involves relying on a case study of corporate reporting by AngloGold Ashanti and interviews with mainly managers working in large-scale mining companies in Ghana. This study is positioned within a post-colonial context which enables us to explain how colonial legacies in Ghana have created conditions that generate conflict over land between large-scale mining companies and artisanal small-scale miners. This paper utilises the theory of discourse, boundary work, and legitimacy. First, this paper draws attention to corporate use of discourse of physical conflict as opposed to legal conflict in the creation of distinction for the legitimisation of violence against artisanal small-scale miners in reporting. Second, this paper suggests that the language of corporate reports lend support to post-colonial ideologies. Specifically, it suggests that corporate discourse of conflict enables post-colonialism to thrive in Ghana by contributing to the erasure of the historical rights of indigenes to land ownership. It also conceals the negatives consequences of State adoption of colonial legacies that benefit large-scale mining companies. Third, this paper suggests that conflict over land is rooted in colonial legacies.

CHINA: THE STORY OF A MISSED OPPORTUNITY. HOW CHINA MANAGED TO DISREGARD THE SOUTH CHINA SEA RULING

On July 12, 2016 an international tribunal (registered with The Hague Permanent Court of Arbitration) ruled against China`s territorial claims in the South China Sea, arguing that the Chinese historic rights within the Nine Dash-Line map have no valid effect under the United Nations Convention on the Law of the Sea (UNCLOS). The tribunal’s decision came at a time when tensions in the South China Sea had reached a very high level amid increasing maritime incidents caused by China and the Chinese government’s construction of artificial islands in the open sea. What was supposed to be a major victory against China for the US-backed states (Vietnam, Philippines), turned out to be only a symbolic success for the Philippines. China not only rejected the sentence, but continued to conduct provocative naval exercises, harass other foreign ships and build artificial islands for military purposes. Using historical research and comparative analysis, this paper illustrates how China’s rejection of the ruling was facilitated by a number of legal, economic and political factors that have diminished international reactions and pressures on the Chinese government: the non-ratification of UNCLOS by the US, the lack of coercive mechanisms to enforce international rulings, the economic interdependence between China and other regional states and the precedents set by other major powers. Keywords: South China Sea, Permanent Court of Arbitration, UNCLOS, maritime claims, historic rights.

The effects of airport slot allocation method on competition: Empirical analysis of competition through slots at JFK International Airport

Purpose- This study aims to indicate the effects of the current slot allocation method specified in the IATA Worldwide Slot Guidelines, which is used to allocate airport slots to airlines, on airline transport market concentration and competition. Methodology- John F. Kennedy Airport (JFK), which allocates slots to airlines with the IATA method, was taken as a sample in the study. Airline’s JFK slot data obtained from the Federal Aviation Administration's Slot Administration Office were analysed with the Herfindahl-Hirschman Index (HHI) and the n-Firm Concentration Ratio (CRn). Findings- According to the findings obtained from the analyses, it has been stated that the concentration in the JFK International Airport market is high and the competition is low. It has been determined that the majority of the slots are owned by 3 long-established US airlines using the airport as their base airport, and the remaining slots are shared by many airlines. Conclusion- As a result of the study, it is revealed how the historical rights and pool system in the current slot allocation method affect concentration, competition, new entrants to the market and the power of new entrants to increase their shares. Keywords: Airport slot, market concentration, competition, Herfindahl-Hirschman, CRn JEL Codes: B22, D40, L93

Asymmetric Diplomacy and Securitization in the South China Sea

Securitization in the South China Sea (SCS) invites uncertainty in the current legal and diplomatic direction. The purpose of this study is to explain that the control of economic resources by involving the military has ignored the international order. The approach method is used in phenomenological research. Primary data from various sources, researcher discussions with various experts to get a comprehensive understanding. The results show that China, based on historical rights, has failed to defend the nine-dash line (NDL) before the arbitral tribunal, but China has succeeded in shifting the issue of who has the right to control uninhabited islands in the South China Sea region into a security issue. China has occupied and developed no man's coral island. The conclusion of the researcher is that a country's strategy is not enough to look at international law, but activities that may threaten to consider building new powers. The LCS securitization conflict has led to the emergence of Asimterics Diplomacy, a strategy. The reality of Chinese activity is booming. At least it has produced; polarizing the Association of Southeast Asian Nations (ASEAN), testing the effectiveness of international law, harnessing maritime potential, and expanding national defense lines..