ANALISIS PENYELESAIAN SENGKETA LAUT CHINA SELATAN OLEH BADAN ARBITRASE SECARA DAMAI HUKUM INTERNASIONAL

Abstract

In relations between countries and between people in a country disputes often occur. International disputes include disputes between countries, countries with individuals, countries with foreign corporations as well as disputes between countries and non-state national entities. International disputes can be disputes that do not affect international life and can also be disputes that threaten international peace and order. International law regulates these disputes with the aim that these disputes can be resolved as soon as possible in an honest and fair manner. Arrangements for settlement of disputes in international law are contained in international customs, in the Hague Convention 1 of 1899 and 1907 concerning peaceful settlement of disputes and the United Nations Charter. This charter stipulates the formation of an international organization intended to facilitate the peaceful settlement of disputes between countries. Disputed issues in an international dispute can involve many things. International law solely advocates a peaceful way of settlement, the dispute is between countries or between countries and other international law subjects. The South China Sea is part of the Pacific Ocean which includes parts of Singapore and the Malacca Strait to the Taiwan Strait with an area of ​​around 3.5 million km2. Many countries claim the China Sea, such as the Philippines and the PRC, which in the end the issue was resolved through arbitration. This paper aims to analyze the decision of the International Arbitration Court in resolving cases of mutual claims between countries. This paper is a normative legal research with an approach to statutory regulations, court decisions, and legal theory. The conclusion that can be drawn from this paper is that China has no rights over the South China Sea.