ENNY NARWATI, SH., MH, 031070509 (2018) KEDAULATAN NEGARA KEPULAUAN ATAS HAK LINTAS ALUR LAUT KEPULAUAN SAAT KONFLIK BERSENJATA. Disertasi thesis, Universitas Airlangga.

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Abstract

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

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