Good agreements make good neighbours: Settlements on maritime boundary disputes in South East Asia

Pratomo, Eddy; Kwik, Jonathan

doi:10.1016/j.marpol.2020.103943

Cited by 4 publications

(3 citation statements)

References 15 publications

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“…▪ Building a shared vision (Kim, 2016) ▪ Continuing negotiations and diplomacy (Pratomo & Kwik, 2020) ▪ Shift discourse away from maritime entitlements and territorial sovereignty and toward marine cooperation instead (Kao & Pearre, 2018, McManus et al, 2010.…”

Section: International Collaborationmentioning

confidence: 99%

Presentation for ICAS 2021 - The South China Sea Disputes: A Systematic Review

Nguyen¹

2021

Preprint

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Since its first emergence as a flash point in the Asia-Pacific region in the late 1970s, the South China Sea disputes have become more complicated and attracted significant attention from both academics and policymakers worldwide. This study notes the voluminous research on the topic as well as the absence of a systematic review of the research landscape over the years. Upon an extraction of 457 articles sourced from the Web of Science database on the concerned topic between 1970 and 2020, the study manually screens for relevant articles, conducts a full-text reading of 344 articles, and categorizes their contents along three dimensions: environment, law, and security, in addition to evaluating the methods of data collection and data analysis. The aims of this systematic review are threefold: (i) to map major research trends, themes, different research areas and changes over the years, (ii) to identify the potential gaps, convergence, or divergence of ideas, and (ii) to note the turning points in research on the South China Sea dispute and relate academic publishing with the actual unfolding of the conflict.

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Section: International Collaborationmentioning

confidence: 99%

Presentation for ICAS 2021 - The South China Sea Disputes: A Systematic Review

Nguyen¹

2021

Preprint

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“…To support the existence of inherent powers under ICSID Arbitration, the Tribunal in the Libananco Holdings Co Limited v Turkey (Libananco) case noted that 'nor does the Tribunal doubt for a moment that, like any other international tribunal, it must be regarded as endowed with inherent powers required to preserve the integrity of its process'. It can be seen that the existence of inherent power is deemed to be acceptable under ICSID Arbitration (Pratomo & Kwik, 2020).…”

Section: The Inherent Power Of Reconsideration In Icsid Arbitrationmentioning

confidence: 99%

The Legal Policy of Executability in the International Arbitral Tribunal Decision for Settlement of Investment Disputes

Sentani

Wolde

2021

BESTUUR

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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The growing number of investment disputes indicates more challenging and controversial matters in the various arbitration practices. However, the International Centre for the Settlement of Investment Disputes (ICSID) rules do not entirely solve the problem in the arbitration process. This study aims to explain how the ICSID tribunal’s inherent reconsideration power can be exercised to “fill the gap” in arbitration proceedings. This study concludes that it can be enforced under Article 44 of the ICSID Convention, which decides the question submitted to the tribunal that the ICSID Convention does not cover. Second, in completing this study, the wording of Rules 19 of Arbitration Rules gives an almost similar order to the tribunals in the case of absence in the conduct of proceedings. Third, under Rule 38 (2) Arbitration Rules, the tribunals can exercise the reconsideration power when discovering new facts that decisively affect the case's outcome.</p></td></tr></tbody></table></div>

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“…The Chinese resistance and followed by Indonesia's response have eventually created problems given the different stances between Indonesia's arguments based on UNCLOS 1982 (Pratomo and Kwik, 2020) and Tiongkok's arguments based on the historical claims (DeLisle, 2012) to jurisdiction in North Natuna Waters. In this regard, Indonesia considers them as the non-Claimant State country.…”

Section: Introductionmentioning

confidence: 99%

The Strategic Value of Natuna EEZ from Tiongkok Perspective

Pramono¹,

Wibisono²,

Suko³

2021

IAGS

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Indonesia was originally a non-claimant state in the South China Sea dispute. The potential conflict was created by considering Chinese statement that some of the territorial waters of Natuna Islands are Chinese traditional fishing ground, which in fact is within the Indonesia's Exclusive Economic Zone (EEZ). This claim has potential to threaten the sovereignty and sovereign rights of Indonesia's territorial waters since Chinese aggressive attitude will certainly change Indonesia's attitude on strengthening its diplomacy and defense posture in the region. This study is aimed to analyze two critical issues; first, the strategic values of Indonesia's EEZ in Natuna from the Chinese perspective and second, the appropriate Defense Diplomacy strategies to respond to Chinese claims. The research method follows a qualitative approach in which the data is collected from interviews, official documents, field notes and others. The results show that problem solving by defense diplomacy approach has been considered as a strategic step. Therefore, Indonesia always prioritizes the use of diplomatic method done by ministries and institutions to address the Chinese claim.

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Good agreements make good neighbours: Settlements on maritime boundary disputes in South East Asia

Cited by 4 publications

References 15 publications

Presentation for ICAS 2021 - The South China Sea Disputes: A Systematic Review

Presentation for ICAS 2021 - The South China Sea Disputes: A Systematic Review

The Legal Policy of Executability in the International Arbitral Tribunal Decision for Settlement of Investment Disputes

The Strategic Value of Natuna EEZ from Tiongkok Perspective

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