Journal of Law and Nation
Vol. 4 No. 2 (2025): Journal of Law and Nation

SENGKETA LAUT CINA SELATAN PASCA PUTUSAN PERMANENT COURT OF ARBITRATION TAHUN 2016 PERSPEKTIF HUKUM INTERNASIONAL

NURSYAMSIAH NURSYAMSIAH (Lecturer Faculty Of Law Universitas Sultan Muhammad Syafiuddin Sambas)



Article Info

Publish Date
11 Dec 2025

Abstract

China's unilateral claims in the South China Sea have triggered disputes due to overlapping claims by several countries in the Southeast Asia region and China. This study aims to analyze the South China Sea disputes post the Permanent Court of Arbitration (PCA) ruling in 2016 from an international law perspective. The method used is a normative juridical approach with literature study and analysis of official documents and foreign policies of each country post-PCA ruling. The results show that although the PCA ruling is final and binding under UNCLOS 1982, its implementation on the ground still faces political and diplomatic obstacles. China's non- compliance with the ruling presents a significant challenge in enforcing international law when dealing with major countries. However, the ruling remains an important precedent in the peaceful resolution of maritime disputes based on international law. The success of international law in the South China Sea disputes does not only depend on the legal decision itself but also on the political will of countries to comply with and respect the applicable law. A more assertive, participatory, and consistent multilateral approach is needed for the supremacy of international law to be effectively upheld in the resolution of future maritime conflicts

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Journal Info

Abbrev

SOLICLAW

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Subject

Description

Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal ...