Reformasi Hukum Trisakti
Vol 7 No 2 (2025): Reformasi Hukum Trisakti

SENGKETA PEMBANGUNAN PANGKALAN MILITER CHINA DI KEPULAUAN SPRATLY ANTARA CHINA DAN FILIPINA BERDASARKAN UNCLOS 1982: The Dispute over China's Construction of Military Bases in the Spratly Islands between China and the Philippines Based on UNCLOS 1982

Averroes Gazalba Gofa (Unknown)
Y. Fitriliani (Unknown)



Article Info

Publish Date
31 May 2025

Abstract

The Spratly Islands, located in the southern region of the South China Sea (SCS), are claimed by China as part of its territorial sovereignty based on the Nine-Dash Line theory. This claim has led to disputes between China and the Philippines, Vietnam, Brunei Darussalam, and Malaysia. In its efforts to assert control over the SCS, China has unilaterally engaged in militarization by constructing military bases in the Spratly Islands. The problem issues are as follows: whether the construction of military bases by China in the Spratly Islands constitutes a violation under UNCLOS 1982; and how the dispute regarding China's military base construction in the Spratly Islands between China and the Philippines can be resolved under UNCLOS 1982. The results and conclusion indicate that China’s construction of military bases in the Spratly Islands contravenes principles of international law, including violations of the sovereign rights of coastal states within their Exclusive Economic Zones (EEZs). UNCLOS 1982 provides various dispute resolution mechanisms, such as negotiation, mediation, arbitration, and international litigation through the International Tribunal for the Law of the Sea (ITLOS).

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...