Legal And Political Study On The China-Indonesia South China Sea Dispute

Southeast Asian countries along the South China Sea have filed territorial sovereignty and sovereign rights claims on related islands,reefs and seas since the late 1960 s and early 1970 s,forming complex overlapping and conflicts.In recent years,with the strategic location and natural resources of the South China Sea becoming prominent,disputes in the South China Sea have intensified.In 2013,the Philippines unilaterally filed the South China Sea Arbitration,which further aggravates the tension in the South China Sea and leaves a bad influence on international judicial practice.Indonesia,as the largest country in Southeast Asia,plays an important role in the South China Sea dispute.In recent years,there have been constant frictions in the South China Sea between the two countries.Indonesia has also changed its usual "moderate" attitude and its policy toward China has become increasingly tough.Therefore,it is necessary to systematically study the South China Sea dispute between the two countries,to explore the legal point and political changes of the dispute,and to avoid the recurring legal risks similar to the South China Sea Arbitration.The South China Sea dispute between China and Indonesia began in the 1990 s.There is no territorial sovereignty dispute between the two countries,but there are overlapping claims of maritime rights and interests near the Natuna Islands.The essence of the dispute between the two countries is the dispute over the delimitation of sea areas,and the focus is the fishery.Judging from the legal status,the exclusive economic zone claimed by Indonesia for the Natuna Archipelago partially overlaps with the historical rights claimed by China within the 9-dashed-line.In addition,the boundaries of the exclusive economic zone between the two countries have not yet been settled.However,Indonesia denies the existence of disputes,and unilaterally delimits its exclusive economic zone boundaries and adopts tough fishery law enforcement measures in the disputed waters,which has proactively intensified the conflict between the two countries.China’s claim was formed in 1947,but China’s exercise of rights and jurisdiction in the relevant waters can be traced back more early.This historic rights originates from China ’s long-term practice and is confirmed by international customary law.After the signing of the "Convention",the concept of historical rights was partly merged and reserved,while the other part was not stipulated.At this time,the rules and principles of general international law should continue to prevail.Indonesia has been playing the role of a moderate dispute party and has claimed itself as a "mediator" for a long time.However,since China submitted a note with the nine-dashed-line map to the Secretary-General of the United Nations in 2009,Indonesia has publicly and repeatedly denied China’s claim.The fishery conflict between the two countries in disputed waters has also increased.In 2014,as President Joko Widodo came to power,the contradictions between the two countries became more and more open,and Indonesia ’s policy on the South China Sea became stronger.Moreover,there is even a tendency to adopt international judiciary as an approach against China.However,due to various restrictions,Indonesia can only resort to Annex 7 as stipulated in the UNCLOS,and the main concern is also consistent with the South China Sea Arbitration,that is,to deny the legality of China ’s historical rights,and the fishing and law enforcement activities in disputed waters.In extreme situations,Indonesia may also ask the court to take temporary measures to limit China’s activities.The South China Sea dispute is not only a legal issue,but also a political issue.The disputes arise from the conflict of two legal orders,and the settlement requires political cooperation between the two countries.With regard to possible legal risks,China should make early preparations and actively respond to it.It should not only be good at using legal weapons to protect its own rights and interests,but also enrich diplomatic means and strive to achieve peaceful settlement of disputes through negotiation and consultation.