Putusan Sengketa Laut China Selatan Serta Implikasi Hukumnya Terhadap Negara Di Sekitar Kawasan Tersebut

Darajati, Muhammad Rafi; Adolf, Huala; Idris, Idris

doi:10.21143/.vol48.no1.1594

Cited by 5 publications

(3 citation statements)

References 1 publication

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“…On July 12, 2016, the arbitration court established under UNCLOS 1982, firmly underlined that China's claim of historical rights to maritime areas in the NDL has no legal consequences for other countries and is considered invalid. [25] Moreover, China itself is also part of UNCLOS 1982, with the ratification of international legal provisions on June 7 1996. The UNCLOS arbitration court decision should be a binding legal guideline, and mediate China's maritime conflicts in the South China Sea region with other countries, including Indonesia.…”

Section: The Challenge Of Heterogeneity Of Asean Countries Against Ch...mentioning

confidence: 99%

“…The PRC regime remains of the opinion that the NDL is a legitimate claim, has a historical basis, and is vital to the national interests of the Bamboo Curtain country. [25] China's solid stance towards its sovereignty claims over the South China Sea is proportional to the country's economic, military and political strength. In 2023, China is the second most populous country in the world, has the largest economy, the third strongest military after the US and Russia, and has control of weapons of mass destruction and the strongest navy in all of Asia.…”

Section: The Challenge Of Heterogeneity Of Asean Countries Against Ch...mentioning

confidence: 99%

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Integration of ASEAN Way Principles in Negotiations for The ASEAN-China Code of Conduct for Creating Stability of The Southeast Asia Region

Rahmaddi,

Yanto,

Haryadi

2024

Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpi

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Since the early 21st century, ASEAN and China have been entangled in a conflict over the Nine Dash Line, claiming Southeast Asian territory in the South China Sea. Negotiations, culminating in the 2002 DoC agreement, aimed to peacefully address the conflict and discuss the CoC. This study uses a juridical-normative approach to determine the potentiality of the ASEAN Way principles integration strategy in resolving the conflict. This study finds ASEAN unity is seen as a key solution to strengthen the standing of Southeast Asian countries in countering China's dominance in the region. With the ASEAN Way. ASEAN, guided by the ASEAN Way, seeks peaceful resolution in South China Sea conflicts. The 1992 Declaration and 2022 ASEAN-China DoC lack clear sovereign boundaries. Unified ASEAN support in ongoing CoC discussions is crucial for resolution. China's NDL claim jeopardizes ASEAN's sovereignty, demanding collective efforts, especially during Indonesia's 2023 ASEAN chairmanship, for legal resolution and conflict prevention.

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Section: The Challenge Of Heterogeneity Of Asean Countries Against Ch...mentioning

confidence: 99%

Section: The Challenge Of Heterogeneity Of Asean Countries Against Ch...mentioning

confidence: 99%

Integration of ASEAN Way Principles in Negotiations for The ASEAN-China Code of Conduct for Creating Stability of The Southeast Asia Region

Rahmaddi,

Yanto,

Haryadi

2024

Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpi

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“…Selain itu, pengadilan memutuskan bahwa China telah melanggar hak-hak kedaulatan Filipina dengan bukti adanya kerusakan lingkungan yang terjadi pada terumbu karang (PCA, 2016). Disisi lain, China menyatakan tidak akan menerima, mengakui dan melaksanakan hasil keputusan Pengadilan Arbitrase bahkan tidak mengakui keberadaan Mahkamah Arbitrase karena dianggap tidak memiliki yuridiksi (Darajati, Adolf & Idris, 2018).…”

Section: Pendahuluanunclassified

Bantuan China Berupa Alat Uji Cepat Covid-19 Kepada Filipina: Perspektif Diplomacy and International Lobbying Theory

Rahmat

Ramadhani

Ma'rufah

et al. 2020

JPIS

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This article aims to explain the objectives to be achieved by China related to the assistance give to the Philippines and the response that the Philippines should have done in responding. This paper used the literature study method with a descriptive approach. As for the findings of this paper, related to the theory of diplomacy and international lobbying, assistance provided by China to the Philippines is a tool used to achieve China's own interests and will have an influence on subsequent policy makers regarding maritime conflicts between China and the Philippines. Steps that needed to be taken by the Philippines are to maintain diplomatic relations with China, especially in the economic field because the Philippines economy is strongly supported by China and also strengthen its territorial defense and increase Philippine intelligence activities.

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A Set of Dead-End and Development in the South China Sea: A 2-Level Game Analysis of the Philippines-China Arbitration Case

Sudargo,

Manullang

2023

HAPScPBS

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Being the heart of the Indo-Pacific, Southeast Asia has seen numerous regional disputes over the years. One of which has remained a vocal point of dispute between the states in and outside the region, that is the South China Sea dispute. An interesting point of development in the South China Sea dispute can be pointed to the China-Philippines arbitration case. Such is the case as China, despite having its action in the waterway deemed illegal, simply brushed it off and remains insistant on its claim. Through incorporating the qualitative research method and relevant concepts like the 2 level game theory, the article seeks to explain why China made that decision. Along with that, the article also seeks to posit some regional implications that states in the region should take note of. In understanding the first issue, the 2 level game theory fits the bill as it allows the writers to learn the forces behind China’s eventual foreign policy decision. Here, China’s national interest along with its realization over its power standing plays a big part in the eventual outcome. For the latter, should China’s assertiveness be left with no proper response, it may endanger the region’s growth and stability. Not only that, it would also bring into the stage another global power like the US that would again take the spotlight from ASEAN and its member states. Against such consequences, it is important for ASEAN member states, both claimant and non-claimant, to align their view and approach towards the region’s perennial issue.

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Putusan Sengketa Laut China Selatan Serta Implikasi Hukumnya Terhadap Negara Di Sekitar Kawasan Tersebut

Cited by 5 publications

References 1 publication

Integration of ASEAN Way Principles in Negotiations for The ASEAN-China Code of Conduct for Creating Stability of The Southeast Asia Region

Integration of ASEAN Way Principles in Negotiations for The ASEAN-China Code of Conduct for Creating Stability of The Southeast Asia Region

Bantuan China Berupa Alat Uji Cepat Covid-19 Kepada Filipina: Perspektif Diplomacy and International Lobbying Theory

A Set of Dead-End and Development in the South China Sea: A 2-Level Game Analysis of the Philippines-China Arbitration Case

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