The Southeast Asia Law Journal
Vol 1, No 1 (2015)

The Disputes of South China Sea From International Law Perspective

Surya Wiranto (Coordinating Ministry for Politic, Legal and Security Affairs of Indonesia)
Hikmahanto Juwana (University of Jayabaya)
Sobar Sutisna (University of Jayabaya)
Kresno Buntoro (University of Jayabaya)



Article Info

Publish Date
19 Aug 2017

Abstract

Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.

Copyrights © 2015






Journal Info

Abbrev

Law_Journal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Southeast Asia Law Journal (SALJ) The Southeast Asian Law Journal (SALJ) is a scholarly journal dedicated to presenting a broad perspective on law justice issues within the domestic Indonesia. SALJ provides a forum for social scientists to report research findings for informed policy making with ...