JEAIL > Volume 15(1); 2022 > DIGEST
Research Paper
Published online: May 30, 2022
DOI: http://dx.doi.org/10.14330/jeail.2022.15.1.08

The Violation of Sovereign Rights by Foreign Research Vessels: A Case Study of the Chinese Research Vessel Hai Yang Di Zhi 10

Aidir Amin Daud & Marthen Napang & Marcel Hendrapati
Hasanuddin University Faculty of Law
Jl. Perintis Kemerdekaan Km.10 Makassar, 90245. Sulawesi Selatan, Indonesia
mhendrapati@yahoo.com

ⓒ Copyright YIJUN Institute of International Law
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 workZuraini Ab Hamid & Mohd Hisham Mohd Kamal is properly cited.

Abstract
The United Nations Convention on the Law of the Sea (UNCLOS) has been ratified by 168 countries. Among these countries, Indonesia is one of the most notable states concerning compliance with the provisions of the UNCLOS. However, the aggressive actions exhibited by countries seeking to become world hegemonies have resulted in the violation of the Convention. Therefore, this research aims to critically analyse the problems associated with any violations of sovereignty and sovereign rights by foreign research vessels which are conducting commercial and military navigation in Indonesian waters (territorial sea with the archipelagic waters and the inland waters). This research shows that the spirit of the Djuanda Declaration constituting the main principle of the Indonesian Republic is a legal ground for defending the national interest of Indonesia as an archipelagic state. This is the key to maintaining the integrity of sovereignty and national interest.

Keywords : Hai Yang Di Zhi 10, UNCLOS, Sovereignty, Archipelagic State, Nine-dash Line, Foreign Research Vessels

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