Analisis Kekuatan Hukum Putusan Mahkamah Arbitrase Pada Kasus Laut China Selatan Antara China Dan Filipina
Main Author: | Hosen, Nurhadid Muharram |
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Format: | Thesis NonPeerReviewed |
Terbitan: |
, 2017
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Subjects: | |
Online Access: |
http://repository.ub.ac.id/5902/ |
Daftar Isi:
- China claims almost the entire territory of the South China Sea, including corals and islands that are also claimed by other countries. In 2013, the Philippines objected to China's claims and activities in the South China Sea to the UNCLOS’s Arbitration Court in Den Haag, Netherlands. The Philippines accused China of interfering in their territory by fishing and reclaiming to build artificial islands. The Philippines argues that China's claims in the territorial of the South China Sea marked by nine-dash-line is against the sovereignty of the Philippines and international maritime law. Judges in these courts basing their ruling on the UN Convention on the Law of the Sea (UNCLOS), which was signed by the government of China and the Philippines. This decision is binding, but the Arbitration Court did not have the power to implement it. But the judge recommends that both parties must obey by the terms of the convention they have signed. In this case, another possible effort by the Philippines is to bring the case to ITLOS, requesting ASEAN’ assistance through the Treaty Amity and Cooperation (TAC) and efforts to resolve the dispute violently.