Simon Hutagalung
Introduction
On July 15, 2024, China implemented a contentious regulation allowing its coast guard to detain foreigners for up to 60 days without trial if they are perceived to jeopardize China’s national security and interests in the South China Sea. This decision has a significant impact on regional stability, presents challenges to international maritime law, and complicates diplomatic endeavours to establish a cooperative Code of Conduct (COC). The reactions from major powers and ASEAN countries underscore the urgent necessity for a unified international approach to address these developments and uphold regional stability.
Consequences of the Decree
The new regulation introduced by China carries significant legal and geopolitical ramifications. Under this regulation, the Chinese Coast Guard is authorized to detain individuals accused of “illegal entry” or “disrupting social and public order,” thereby extending China’s jurisdiction over disputed waters that are not internationally recognized. This decision further escalates the tensions in the South China Sea, where multiple nations challenge China’s expansive territorial claims.
From a legal perspective, the decree raises serious concerns as it appears to contravene principles established under the United Nations Convention on the Law of the Sea (UNCLOS), which governs maritime rights and responsibilities. By enabling detentions in international waters, China is perceived to be undermining the international legal framework designed to ensure maritime order and prevent conflicts. This unilateral move challenges the global consensus on maritime governance and threatens to erode the authority of UNCLOS, which has been instrumental in maintaining peace and stability in international waters.
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