Tarmizi, Said Ahmad (2023) Tinjauan Yuridis Penyelesaian Sengketa Konflik Laut China Selatan Atas Gugatan Filipina Melalui Perserikatan Bangsa-bangsa Ditinjau Dari Unclos 1982 Tentang Hukum Laut. Other thesis, Universitas Islam Riau.

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Abstract

"The South China Sea conflict is a regional security issue that has not yet reached a resolution and is prone to disturbing the stability of the region in the future. The South China Sea, which is the focal point of geopolitics in the Asia Pacific region, is becoming an international topic of discussion because it has ignited conflicts between several major Asian countries and some ASEAN member countries. The core of the debate is about territorial zone claims. The dispute was initiated by China's unilateral claims, expanding its waters to reach the waters of the Philippines, Taiwan, Vietnam, Brunei Darussalam, and Malaysia. From this issue, the author is interested in conducting research on how to resolve the South China Sea conflict dispute over the Philippines' lawsuit through the United Nations and what obstacles the UN faces in resolving the South China Sea dispute that has not been resolved to this day. The research method used by the author includes normative legal research with a documentary research specification, namely information obtained by the author based on document research such as books and other literature obtained through literature research or secondary information. This research is descriptive, namely describing environmental phenomena related to the investigated case. In this case, the author wants to present a systematic explanation of the settlement of the South China Sea dispute. The conclusion of this research is that the United Nations Permanent Court of Arbitration has ruled that China has no legal basis to claim the waters of the South China Sea. The decision is in line with the objections raised by the Philippines. The Permanent Court of Arbitration stated that there was no historical evidence that China exclusively controlled and controlled resources in the South China Sea. Meanwhile, the inhibiting factors or obstacles in resolving the South China Sea dispute are divided into 2, namely: internal factors, inhibiting factors from within the disputing parties. In this case, the internal factor that hinders is China, which is uncooperative or does not accept the Permanent Court of Arbitration's summons and decision. External factors are factors from outside the disputing parties, namely due to the lack of clear maritime boundaries and interventions from outside countries in the South China Sea.

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