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China attempts to unravel law of the sea: Expert

Strong protest: Foreign Minister Retno Marsudi says the government has conveyed a note of protest to the Chinese government over the recent move of China-flagged fishing vessel MV Kwang Fey 10078 and a Chinese coast guard vessel, which entered Indonesian waters in Natuna, Riau Islands

Liza Yosephine (The Jakarta Post)
Jakarta
Wed, March 30, 2016

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China attempts to unravel law of the sea: Expert

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span class="inline inline-center">Strong protest: Foreign Minister Retno Marsudi says the government has conveyed a note of protest to the Chinese government over the recent move of China-flagged fishing vessel MV Kwang Fey 10078 and a Chinese coast guard vessel, which entered Indonesian waters in Natuna, Riau Islands. (Kompas.com/Sabrina Asril)

China's territorial claims over traditional fishing zones in a recent dispute with Indonesia in Natuna waters has no solid basis, an expert has said.

China's actions are an attempt to unravel the negotiated bargain agreed upon within the international community as stipulated in the 1982 UN Convention on the Law of the Sea (UNCLOS), said Peter Dutton, a professor of strategic studies and director of the China Maritime Studies Institute at the US Naval War College.

"China's trying to undo the UNCLOS 1982", said Dutton, when speaking to journalists on Wednesday during a teleconference hosted by the US Embassy in Jakarta, adding that Indonesia was right to protest China'€™s actions.

The agreement, which stipulates the compromise in the form of exclusive economic zones, has set systematic rules on the exercise of authority over resources, he added.

The South China Sea is a pull and tug of issues of power and law, on history and sovereignty, Dutton explained.

Since China is a much more significant country among its claimants, it has enabled itself to assert power through island building and expanding of territories, the implications of which could alter strategic changes in the region while undermining international law and regional security, he further said.

One of the best possible ways to address the issue is to develop a unified position from all the countries involved in the disputed region, presenting a message that is clear and consistent that every country will abide by international law, said Dutton.

Such statement he added, would mean the recognition of the importance of peace and stability in the long term even with the compromise of political and economic interest in the short term. "A strive for a win-win solution needs a strong political will from all parties," said Dutton.

Several Southeast Asian countries have overlapping claims in the area over large territories on the strategic strait.

Indonesia, who is not a claimant in the South China Sea dispute, could lead the discussion of peace processes, Dutton added. "Indonesia, who has been implementing quiet diplomacy and behind the scenes leadership, should be more public. To make a clear public stance in its approach to a peaceful dispute resolution," Dutton said. (bbn)

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