ANGGRAINI, TRIFENA (2018) UPAYA HUKUM FILIPINA ATAS KETIDAKSEDIAAN CINA DALAM MENERIMA HASIL PUTUSAN MAHKAMAH ARBITRASE INTERNASIONAL TERKAIT SENGKETA LAUT CINA SELATAN ANTARA CINA DENGAN FILIPINA. S1 thesis, UAJY.

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Abstract

The South China Sea is a marine area that became a prolonged conflict area
due to the overlapping claims between countries which claim its maritime territory.
There are two disputes in the South China Sea area, namely territorial disputes
Paracel Islands area and the Spartlys. The dispute between China and Phillipines
occurred in the Spartly Islands. For the deeds of China deemed to violate the
sovereignty of the Philliphines then the Philliphines brought China to the
Permanent Court of Arbitration (PCA) and The PCA imposed an award winning
the Philliphines. China refused to accept the outcome of the award. The type of
legal research used in this study is normative legal research. The way of data
collection is done in two ways; literature study and interview to the Head Office of
International Affairs, Gadjah Mada University, Yogyakarta. In normative legal
research, data that was used is secondary data, consist of primary law material and
secondary law material. The process of thinking used is deductive, it started from
a general proposition whose truth is known and ended in a specific conclusion. In
refusal of China to accept and comply the PCA’s award, the Phillipines can take
the legal actions through diplomacy by conducting talks with China and try to
renegotiate. If China keeps doing its activities on the nine dash line and violate the
sovereignty of the Phillipines, then the Phillipines may re-report China for its
actions to the PCA. Therefore, China should respect the award issued by the PCA
and allow the Phillipines to negotiate in order to resolve their interlocutory
disputes.

Item Type: Thesis (S1)
Uncontrolled Keywords: Permanent Court of Arbitration, the South China Sea, UNCLOS 1982, disputes, award.
Subjects: Ilmu Hukum > Hubungan Internasional
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Date Deposited: 19 Feb 2019 06:09
Last Modified: 19 Feb 2019 06:09
URI: https://repository.uajy.ac.id/id/eprint/16812

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