Karya Ilmiah
DISERTASI (185) - Kedaulatan Negara Kepulauan Atas Hak Lintas Alur Laut Kepulauan Saat Konflik Bersenjata
The purpose of this dissertation is to conduct in-depth analysis and provide a solution
formula in accordance with the law governing armed conflict at the sea, especially the
right of archipelagic sea lane passage in time of armed conflict, and the sovereignty
of a neutral archipelagic state. This is because the lack of protection on a neutral
archipelagic state in the time of an armed conflict at sea as enshrined in the San Remo
Manual 1994 which provides a right to warship of conflicting parties to enjoy sea
lane in neutral archipelagic waters without any suspended, hampered or otherwise
impeded, which known as the right of archipelagic sea lanes passage. Such right
constitutes the rights of navigation and overflight, and warships may also enjoy the
line passage in a normal mode. This dissertation found that the right of archipelagic
sea lanes passage exercised by warship of conflicting parties in the time of armed
conflict violates the sovereignty of neutral archipelagic state. This dissertation
suggests that regulation on the right of archipelagic sea lanes passage in the time of
an armed conflict should consider the sovereignty of neutral archipelagic state. For
that reason, the limitation for the exercise of passage is needed.
Keywords: sovereignty, the right of archipelagic sea lanes passage, armed
conflict
at sea
031070509 | DST 185 Nar k | Ruang Disertasi | Tersedia |
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