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

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이준국제법연구원 (YIJUN Institute of International Law)
초록

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.

목차
1. Introduction
 2. The Philippines’ View regarding the Nine-dash Line
 3. China’s View regarding the Nine-dash Line before thePermanent Court of Arbitration
 4. Legal Analysis regarding the Nine-dash Line
 5. Conclusion
저자
  • Marthen Napang
  • Farida Patittingi
  • Zulkifli Aspan
  • Achmad Ruslan
  • Birkah Latief
  • Ruslan Hambali
  • Marcel Hendrapati(Hasanuddin University) Corresponding author