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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Fany Gumirlang
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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The Settlement of International Disputes over Indonesia’s Severeign Rights Related to the Maritime Board in the South China Sea to Improve the National Economy (Case Study Between Indonesia and Vietnam) Fany Gumirlang
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5327

Abstract

The sea border between Indonesia and Vietnam is the sea border located in the South China Sea. So far, there have been several problems that occur especially in the exclusive economic zone between Indonesia and Vietnam which is not yet fully resolved. The exclusive economic zone is the area outside and around it to the territorial sea which is subject to a special legal regime for international maritime law. Based on international principles peace and security, there are some efforts shown to create good relations between countries in resolving disputes that occur. That The principle referred to in resolving international disputes is to provide a way for the disputing parties to resolve their dispute based on international law. There are two methods of solving known in international law, namely in peace and in war (military). Dispute settlement procedures for countries that are interconnected with sea areas between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution Procedure. This research is a normative research that examines the sources of related to the problem under discussion. The results of this study concluded that in resolve disputes between Indonesia and Vietnam on maritime the territorial waters of the Exclusive Economic Zone, can be in the form of: resolved with various alternative dispute resolution as described in the 1982 UNCLOS framework, namely a) peaceful disputes settlement, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose the alternative that will be used in resolving the dispute that is being faced what both parties want both through litigation (court route) and non-litigation channel (out of court) as provided for in Article 280 of UNCLOS 1982.
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