JEAIL > Volume 12(1); 2019 > East Asian Observer
Research Paper
Published online: May 30, 2019
DOI: http://dx.doi.org/10.14330/jeail.2019.12.1.10

Contesting Views of the Philippines and China over the Nine-Dash Line in the South China Sea

Marthen Napang, Farida Patittingi, Zulkifli Aspan, Achmad Ruslan, Birkah Latief, Ruslan Hambali & Marcel Hendrapati
Hasanuddin University Law Faculty, Republic of Indonesia, Jl. Perintis Kemerdekaan Km.10 Makassar, 90245. Sulawesi Selatan, Indonesia
Corresponding Author: mhendrapati@yahoo.com

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This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The PCA’s decision refusing historic rights concerning the 9-DL cannot be enforced because the decision advantaging the Philippines has already been rejected by China. It, however, may be as a reference for some states to negotiate, since an optimistic atmosphere emerges among the disputing parties. The readiness for negotiation among them clearly requires that parties should not have rigid attitudes but should show flexibility based on the reciprocity principle. On one side, the PRC should set aside its typical intention to dominate most parts of the South China Sea as its traditional fishing ground based on historic rights concerning the 9-DL. On the other side, the Philippines should guarantee the regional stability and peace without questioning the real sovereignty of the PRC over several natural features, possibly related to the 9-DL claimed as its historic rights. The 9-DL is incompatible with the UNCLOS.

Keywords : Nine-dash Line, 9-DL, Historic Rights, PCA, Natural Features, Traditional Fishing Ground

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