Nine-dash Line Research Articles

The Role of Competitive Intelligence In Shaping Australia's Defence Strategy To Mitigate China's Influence In The Indo-Pacific Region

China's significant economic development and military modernization in the last few decades has resulted in a change in the global geopolitical situation in the Indo Pacific Region. China is increasingly aggressive in spreading its influence and one of the steps taken by China is the Belt and Road Initiative (BRI) project. In carrying out BRI through maritime routes, China has made the South China Sea the main route. On the basis of the Nine-Dashed Line, China is aggressively asserting its control claims in the South China Sea. This made the situation in the South China Sea heat up due to protests from several countries. As one of the countries in the Indo Pacific Region, Australia, by using a competitive intelligence mechanism, views what China has done as a threat to its national security, as written in the National Defense: Defense Strategic Review 2023 report. Therefore, Australia must create a defense strategy to mitigate this threat. The author conducted this research using qualitative methods by collecting data from observation, document study, and literature study. This study aims to determine the role of competitive intelligence in the framework of forming a defense strategy carried out by Australia as a mitigation measure against China's defense advances and China's influence spread in the Indo Pacific Region.

The Use of Technology as the Indonesia's Strategy to Counter China's Gray Zone Operations in the North Natuna Sea

Ever since the end of World War II, the Republic of China (ROC), led by the Kuomintang Party and continued by the People’s Republic of China (PRC) led by the Communist Party, with its Eleven Dash Line (EDL), has claimed almost 90% of the South China Sea (SCS) waters, including the Spratly Islands, Paracel Islands, and all sea structures in that area. In 1953, the EDL was renamed to the Nine Dash Line (NDL) because China gave the area of the Tonkin Gulf to North Vietnam, led by Ho Chi Minh, which was still at war against the French and South Vietnam. China’s NDL claim has overlapped with Brunei’s claim, specifically Louisa Reef located on its continental shelf, Malaysia’s claim covering a portion of SCS in northern Kalimantan (Borneo), which includes at least 12 maritime structures in the Spratly Islands, among others, the coral reefs Swallow, Adraiser, and Marivelles. Additionally, the Philippines' claim includes the northernmost part of the Spratly Islands and Scarborough Shoal, known as Kalayaan in the Philippines. Vietnam's claim encompasses the Paracel and Spratly Islands, including 25 rock and sand formations and islands such as Spratly Island, Namyit Island, and Barque Canada Reef. The overlapping claims, which also occurred between Brunei and Vietnam, Malaysia and the Philippines, and Malaysia and Vietnam, have increased tension and incidents in the SCS, particularly between the Philippines, Malaysia, Vietnam against China due to China’s actions forcefully imposing its claim. This has made the situation more complex and fragile, leading the international community to term the overlapping claims as the South China Sea (SCS) Dispute. has no claim in the SCS, and no other country has a claim over Indonesia. However, in 2009, when China registered its new map of NDL claim with the United Nations (UN), it included part of Indonesia’s Exclusive Economic Zone (EEZ) in the North Natuna Sea (NNS). The UN rejected this claim since it was not based on international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS 1982). Indonesia firmly denied that claim as it goes against Indonesia’s law and UNCLOS 1982. Due to increasing Chinese actions in imposing its claim on part of the IEEZ in the NNS, including Gray Zone Operations (GZO) maneuvers, Indonesia has risen to defend its sovereign rights in the NNS. According to UNCLOS 1982, in the IEEZ at the NNS, as a coastal state, Indonesia "has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living resources, of the waters superjacent to the sea-bed and off the sea bed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone such as the production of energy from water, currents, and winds" (Article 56; 1 a). To overcome any disturbance and threat toward Indonesia’s sovereign rights in its EEZ in the NNS, Indonesia needs to convince China to nullify its IEEZ NNS’ claim. Indonesia needs to launch total diplomacy toward China, including cultural diplomacy, economic diplomacy, and defense diplomacy combined with and supported by defense capability. In this regard, Indonesia should increase its defense capability, particularly in the NNS, to guard the works, personnel, and equipment of the activities of natural resources exploration and exploitation. The enlargement of defense capability, including the quality and quantity of equipment and weaponry such as patrol boats, troopships, warships, hunter jets, fighter jets, radar systems, and Geographic Information Systems (GIS), should be done by optimizing the use of advanced technology. Determining the performance strategy, as well as the use of technology and interoperability systems in developing the defense equipment platform, information and communications technology such as Big Data and Data Links, can be a solution to increase and integrate the defense system, capability, and operational implementation. In this case, particularly by the Indonesia Navy and Air Force, by integrating various defense equipment owned and used. This study provides a comprehensive analysis of Indonesia’s strategy to counter China’s Gray Zone Operations in the North Natuna Sea.

Perspektif Hukum Laut Internasional: Illegal Fishing Di Kepulauan Natuna

Illegal fishing is a pressing issue in Indonesia, particularly in the Natuna Islands, where China's controversial nine-dash line claim has exacerbated the problem. This research focuses on the international law of the sea to address illegal fishing in the Natuna region. The research uses a qualitative method, which explores the legal framework in regulating illegal fishing. The findings highlight the legal challenges Indonesia faces in combating illegal fishing in the Natuna Islands, emphasizing the disruptive impact on marine ecosystems and national sovereignty. The research concludes that international law, particularly the 1982 UNCLOS, defines Indonesia's maritime boundaries, the 2001 IPOA on IUU Fishing classifies illegal fishing, and the 1995 Code of Conduct for Responsible Fisheries regulates fisheries management. In addition, the report also suggests that Indonesia request Particularly Sensitive Sea Area status from the International Maritime Organization for the Natuna Islands waters.

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 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.

South China Sea Dispute: What Alternative Solutions Can be Offered to the International Community?

As the busiest shipping route with a high value of resources under the sea, the South China Sea dispute is one of the unresolved problems in recent world affairs. Claimant states keep on defending their claim over the territory. Several critical factors of the disputed areas, such as the international trade perspective, natural resources aspects, and the security value, did affect the behaviour of such states. A lot of alternatives and means have been done to solve the case until the decision of PCA on the Philippine claim over China’s nine-dash line. Non-compliance response of China did raise another tension on the issue and complicated the resolution. We offered more alternatives to the international community to act, which combined peace-oriented bilateral and multilateral diplomacy and cooperation to force all claimants to agree on their maritime boundary, seeking mediation from states that can be trustworthy, international sanctions might be an option - but with a highly calculated decision, and stressing the compliance with legal action to gain trust from other parties. to support the diplomacy that takes place in the process.

Facing South China Sea Dispute: Where Is Asean Single Voice?

South China Sea disputes has become intense in challenging regional stability in Southeast Asia. The strategic location of rich natural resources, for instance, oil and gas has triggered China and other Claimant States in Southeast Asia in exercising their capability mainly in military power to secure their claimed area. China stretched its “Nine-Dash Line” and created an artificial island namely Spartly Island. To date, this unresolved disputed questioning the role of Association of Southeast Asian Nations (ASEAN) as the leader of regional organisation in dealing with this conflict. The disputes mechanisms have been exercised by ASEAN, for instance, Treaty of Amity and Cooperation (TAC) through ASEAN Regional Forum (ARF) as well as produced guidance in facing China through Declaration of Conduct (DOC) and Code of Conduct (COC). However, the progress apparently remain insignificant in achieving agreement. This paper examines ASEAN’s leadership in bridging the dispute through assessing the effectiveness of its dispute mechanisms through Confident Building Measures (CBM) as a diplomatic strategy in reaching one single voice in facing China.

Republic of Indonesia Sovereign Right in North Natuna Sea according to United Nations Convention on the Law of the Sea 1982

ABSTRACT A unilateral claim from China is in the form of dots or 9 dotted ‘Nine-dash line' which forms the letter ‘U' intersects with Indonesia Exclusive Economic Zone. Coordinating Ministry for Maritime Affairs of Indonesia, has issued the latest 2017 Map of the Unitary State of the Republic of Indonesia. The 2017 NKRI Map is the proposed naming of the sea space, which was previously known as part of the South China Sea (SCS), to the North Natuna Sea. Therefore, this study aims to: (1) analyse how the legality of the sovereign rights of the Republic of Indonesia in the North Natuna Sea-based United Nations Convention on the law the Sea 1982; and (2) analyse how the Indonesian government responds in the North Natuna Sea. This research uses normative research methods. The results show that based on UNCLOS 1982, Indonesia has the legality to exercise sovereign rights in the North Natuna Sea. The Republic of Indonesia confirms that there is no dispute with China in the North Natuna Sea because China’s claims are not legal or not based on United Nations Convention on the law the Sea 1982.

Overviewing the Context of Balance of Power to the South China Sea Issue in ASEAN

The issue to raise is that the South China Sea has potential resources not only natural resource but also the geostrategy and geopolitics concerns. Geographically, the sea is a waterway for any activities for Asia Pacific countries and part of it is in the region of South East Asia. The tension emerges when China unilaterally claims that the all area of SCS is part of China based on the nine-dash line of historical Chinese fishing ground drawing. The claim definitely prompts protest and condemnation from other countries which claim have the authority in the water as well. As a result, the countries in South East Asia like Malaysia, Vietnam and the Philippines launch their objections against China. This situation ignites another ‘world’s great power’ to intervene. The United States proclaims to form Quadrilateral Security Dialogue consisting U.S., India, Australia and Japan as the members. Indeed, the dialogue’s intention is to confront China’s activity in the waters. Therefore, the inquiry to look at is how should ASEAN play its role to create balance and stability in the waters, or extensively in the South East Asia region? To answer this question, it will observe the issue using the realism paradigm since the issue concerns the state's foreign politics and the effort to create order and stability. Through the realism paradigm, the balance of power will be the concept to address the issue. Thus, it is ASEAN’s effort of the balance of power within the conflict and domination of unilateral interests.

Sengketa Laut China Selatan yang Bersinggungan Dengan Zona Ekonomi Ekslusif Indonesia di Utara Kepulauan Natuna, Provinsi Kepulauan Riau

The purpose of this research is to describe China's unilateral claims in the South China Sea through the nine-dash line map that intersects with Indonesia's EEZ in accordance with UNCLOS 1982 where Indonesia finally took a stand on China's unilateral claims in the South China Sea in the northern sea of Natuna. It is hoped that this research can be useful as a basis for the development of science, especially in the field of international maritime law. This research uses a normative legal research method with statue approach and a case approach where various literature is related as secondary data that will strengthen the research arguments. Indonesia's relationship with China is heating up because China's unilateral claim in the waters of the South China Sea through a nine-dash line map is intersecting with the territory of Indonesia's maritime zone, the Exclusive Economic Zone of Indonesia in the Northern Natuna Islands of Riau Islands Province which has been recognized according to the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The results showed that the nine-dash line claims by China did not comply with UNCLOS 1982, a misunderstanding between Indonesia and China led the two countries to mediate and requested that China respect the provisions of international law, especially UNCLOS 1982 as the world maritime constitution.

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.

INDONESIA’S STRATEGY AND DIPLOMACY IN THE SOUTH CHINA SEA CONFLICT

<p>This study describes the government's strategy in Indonesia under the leadership of Joko Widodo to strengthen the Natuna border area. The Natuna area is a point of discussion as there are often territorial conflicts. This study aims to answer the question about the government's strategy to strengthen the border zone in Natuna. This study uses library research methodology and the Revolution in Military Affairs (RMA) concept to analyze the process. After conducting research, it can be concluded that to reinforce the border area at Natuna, the government is making efforts to improve the military posture by constructing several new military units. Then the government is also looking at diplomatic means in the ASEAN region to resolve the territorial dispute with China in the South China Sea. This is because there is no mutual agreement, considering that Indonesia is based on the 1982 UNCLOS, while China has a view of the Nine-Dash Line. </p>

The Effect of the Judicial Decision of unclos Tribunals on the clcs Procedure: The Case of the South China Sea Dispute

Abstract Asia-Pacific States have recourse to the dispute settlement system provided in the United Nations Convention on the Law of the Sea (unclos) and rely on the Commission on the Limits of the Continental Shelf (clcs) to delineate the extended continental shelf. unclos tribunals are responsible for delimitating maritime zones, and the clcs for delineating the outer limits of the continental shelf. However, the work of the clcs has been suspended at times, owing to other States’ objections. This article investigates the 2019 Malaysian submission to the clcs by reviewing the precedents and existing literature. This submission has become a contentious issue, because of diplomatic note verbales submitted by, among others, China. This article argues that the clcs should handle the Malaysian submission on the premise that the Malaysia–China dispute over the so-called “nine-dash line” can be regarded as resolved, based on a 2016 Arbitral Tribunal decision under Annex vii.

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

Protection of Indonesian Fishermen from China's Threat in the North Natuna Sea Region During the Covid-19 Pandemic

The economic importance of the North Natuna Sea is premised not only on its function as one of the largest marine sources in Indonesia but also as an important location for the Indonesian military to conduct large-scale exercises. Amidst the ongoing outbreak of the COVID-19 pandemic, unauthorized fishing by Chinese flagged boats continues to be pervasive in the Indonesian EEZ off Natuna Islands. Chinese coast guard and military vessels were constantly and visibly present in those waters, testing the patience and perseverance of Indonesia’s authorities. The purpose of this article is to find out the cause related to the problem of protecting Indonesian fishermen in catching fish in the region. The Indonesian government is committed to ensuring rapid mobilization of its military and naval assets in the area when required to protect the fishermen. The method used in this research employed the qualitative method and critical content analysis. The legal consequences of ratifying the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) with Law No. 17 of 1985 concerning the ratification of UNCLOS, Law No. 32/ 20014 concerning about the sea are the substance of law regulation. The type of data used is secondary data, namely data obtained through literature study. The study matches that Indonesia must develop fishermen with the spirit of defending the country, especially in areas where the waters are partially located within China’s nine-dash line.
 Keywords: fisherman, North Natuna Sea, Covid-19 pandemic

Assessing the Potential Effectiveness of the ASEAN-China Code of Conduct on the South China Sea in Constraining Chinese Aggressive Actions

This article assesses the potential of the Code of Conduct in the South China Sea in constraining Chinese aggressive actions and maintaining the peaceful order of conduct of claimants and countries bordering the highly-disputed South China Sea. Given the recent Chinese aggressive military and pseudo-military moves in the South China Sea to enforce its arguable illegal nine-dash line claim in the South China Sea, there are hopes that the Code of Conduct agreement between China and ASEAN states will provide a legal protection and guideline in the dispute management in the South China Sea. In spite of this aspiration, a closer inspection of the Code of Conduct reveals that one should not have a high degree of confidence in the potential of the Code of Conduct in managing and regulating the conduct of parties in the South China Sea. Seen through the lens of realism, especially given the anarchic nature of the international arena and the unclear type of international law that the Code of Conduct will assume, this article argues that countries, Indonesia especially, should not have a high degree of expectation that the Code of Conduct will act as some sort of legal power that could restrain China from utilizing military and pseudo-military power in enforcing its claim in the South China Sea.

Development of East Natuna Block for Defense’s Interest on the Borderline and Securing Indonesia Energy Reserves

Natuna sea is Indonesia’s energy storage. East Natuna field, located on Indonesia's continental shelf in the Natuna sea, is believed to be the largest gas field in Asia-Pacific. Deposits a tremendous amount of hydrocarbon reserve potential numbered 46 TCF. The reserve is highly potential to meet Indonesia's future energy demand and is also an asset for national development. On the other hand, there could be a possibility that others also seek these natural resources. Part of the Natuna sea, which holds an extraordinary amount of hydrocarbon, is included in China's nine-dashed line claim of the South China Sea, an area with prolonged conflict. Indonesia's interest in maintaining our sovereignty over resources management on our continental shelf in the Natuna sea, particularly in managing energy resources. To achieve this interest, support for excellent defense capabilities is necessary. This research puts the synergy of energy and defense under scrutiny, exercising the quantitative method while seeking the help of qualitative methodology. Developing oil and gas fields on the borderline requires defense capability support to minimize threats. On the other hand, expenditure for strengthening, operating, and maintaining defense capability is costly. Benefit-cost analysis showed that defense expenditure for Natuna Island is far below the government's potential income from the development of the East Natuna field. This research concludes that Natuna island holds strategic values for politics, economy, and national defense. Energy resources in the Natuna Sea are assets for national development. Therefore it must be guarded. Thus, economic feasibility should not be the only basis for developing oil and gas in the Natuna sea. Even though another point of view, such as the development of those fields, is a state practice of Indonesia to maintain our sovereignty over the Natuna Sea and as an attempt to strengthen national defense on the borderline.

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..

Fishermen Empowerment Strategy as a Solution in the Security Management Crisis in the North Natuna Sea

Indonesia faces tremendous pressure in dealing with the crisis in the North Natuna Sea with China, which often violates Indonesia's EEZ in the North Natuna Sea. The frequency of crises in the North Natuna Sea is increasingly frequent. It requires an effective strategy without damaging diplomatic relations, and local Natuna fishers immediately feel the benefits. Diplomatic efforts carried out since 1994 and military policies have no significant effect in preventing China's aggressiveness. Up until now, Chinese fishing vessels and the Chinese Coast Guard are still carrying out provocative actions by violating Indonesia's IUU Fishing and EEZ by adhering to the Nine-Dash Line principle, which has disrupted maritime security and has harmed Indonesia for not respecting the 1982 UNCLOS. Moreover, Jakarta's response to that event sent fishing boats from Pantura Java to take fish in the Natuna area, making it worse for local Natuna fishers. Thus act sparked a conflict, which meant Natuna fishers faced two threats from foreign parties and conflicts with Pantura Java fishers. The researcher aims to analyze the strategies that the Government of Indonesia has carried out in dealing with the crisis in the North Natuna Sea with China by using qualitative methods and triangulation analysis techniques with the concept of national interest. The researcher analyzed how the strategy used by the Indonesian Government did not have a significant impact on reducing China's aggressiveness and conflicts with Pantura Java fishers. The study results indicate that additional strategies are needed to encourage the effectiveness of the expected results by prioritizing local Natuna fishermen as part of the solution, with maximum coordination between the Indonesian Navy, BAKAMLA (Badan Keamanan Laut/ Indonesian Maritime Security Agency), and the Natuna Fisherman Community. Researchers suggest that the central Government coordinates with stakeholders to form a “Sovereignty Patrol Fisherman Team” accompanied by Bakamla as a concrete action to safeguard the sovereignty and sovereign rights of professional fishers to facilitate up-to-date and surviving fishing vessels in the North Natuna Sea as a form of state defence and empowerment of local Natuna fishers.

The Indonesia – China Relations in the Natuna Sea Dispute Resolution: Struggle for Sovereignty

This study aims to analyze the process of resolving the Natuna sea dispute between Indonesia and China to obtain their respective sovereignty. The Natuna Sea is one of the outermost waters in Indonesia, which is unilaterally claimed by China with a nine-dash line claim or the South China Sea. This claim overlaps with Indonesia's Exclusive Economic Zone (EEZ) in the Natuna Sea. As a result of this claim, many Chinese fishers are free to go in and out of catching fish in Natuna Waters with illegal fishing status. The method used in this research was qualitative and descriptive research. The data collection technique was based on a literature study and was strengthened by interviewees. The study results show that this dispute resolution process is carried out through two approaches, namely the international law approach and the diplomatic approach. Because through these two approach strategies, this dispute resolution can be achieved very comprehensively. The legal approach was taken by submitting a Diplomatic Protest Note to China, while the diplomatic approach was taken by Indonesia and other ASEAN countries within the ASEAN WAY framework.

The South China Sea Dispute: Code of Conduct Implementation as the Dispute Settlement

After the end of World War II, China has claimed the area in South China Sea as its territory based on its historical background, or so-called the nine-dash line. This China’s unilateral accusation naturally reap many negative responses from countries in the area because it is consider as theirs. However, China who did not ratify UNCLOS 1982 as the international law stick to its own rules. Therefore, the purpose of this article is to examine the effectiveness of Code of Conduct offered by ASEAN as the dispute settlement of this border issue. In an attempt to present the results, author collected primary and secondary data from official document and credible literature which are accessible on the internet such as journal and article website. The results of this study found that dispute resolution through the Code of Conduct still encounters obstacles, therefore it is necessary to do alternative solutions such as bilateral negotiations between the disputing parties.