CD Skripsi

Pelaksanaan Putusan Arbitrase Oleh Para Pihak Dalam Sengketa Antara Tiongkok Dan Filipina Di Laut Cina Selatan

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UNCLOS 1982 is a manifestation of the desire of countries to unify views on the regulation of maritime law that can be accepted universally. UNCLOS 1982 provides guidelines in the event of international maritime law disputes, one of which is Arbitration whose decision is final and binding. However, in practice, rejection and disobedience to arbitration decisions are not uncommon. In this thesis, the case of rejection of an arbitration decision occurred between China which rejected the decision of the Permanent Court of Arbitration submitted by the Philippines regarding a maritime dispute in the South China Sea region. This study aims to examine the legal force of the arbitration decision in the maritime territorial dispute between the Philippines and China and the efforts that the Philippines can make against China's rejection of the international arbitration decision. The research method used in this study is normative legal research. This research is library legal research. The focus of the discussion of this research is related to the principles of law, in this case the principles of international dispute resolution. The data sources used are primary, secondary, and tertiary legal sources.
Based on the research results, it can be concluded that first, the legal force of the arbitration award, in accordance with the nature of the arbitration award is final and binding and has binding legal force for the parties, especially China, because the submission of dispute resolution by the Philippines to the PCA is in accordance with the dispute resolution procedures contained in UNCLOS 1982. Second, the efforts that can be made by the Philippines, the Philippines in dealing with China's rejection can prioritize diplomatic and negotiation methods rather than strict law enforcement, because success in resolving this dispute will require a comprehensive approach, involving collaborative efforts between the countries concerned and the international community as a whole.
The author's suggestion is that first, China must comply with the arbitration ruling and relinquish any historical rights they have over natural resources in areas that are now the EEZ or continental shelf of other countries. Second, the Philippines is advised to consider diplomatic strategies, multilateral approaches, strengthening regional relations, and efforts in international forums to fight for its national interests. Third, the Philippines can file a lawsuit to strengthen its maritime boundaries with China to the International Court of Justice.

Keywords: Arbitration Award, Rejection of the Award, Settlement of Disupute.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909155178

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Internasional., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909155178

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM INTERNASIONAL

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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