The South China Sea International Disputes with the ASEAN Area (in International Maritime Law)

Aaron Leonardo Borte, Ong Argo Victoria


In history, the sea has been shown to have had various functions, including as a source of food for mankind, as a trade highway, as a means of conquest, as a place for battles, as a place for fun and recreation, and as a means of unifying or separating nations. nation. As one of the regions with a high degree of heterogeneity, the Asia Pacific region is often considered a region that is very vulnerable to conflict on the basis of a fragile regional balance. The purpose of this study is to find out that one of the territorial conflicts in the Asia Pacific is the South China Sea conflict which involves several countries including China, Taiwan, the Philippines, Vietnam, Malaysia and Brunei Darussalam. This research uses a normative approach in accordance with international maritime regulations, especially UNCLOS and the UN Arbitration Council. The results of this study indicate that she said the South China Sea entered a new chapter by submitting a dispute over the issue of territorial claims to the Arbitration Court in The Hague, Netherlands. The Philippines in January 2013 has officially brought the territorial dispute in the South China Sea to the international arbitration body. Political disputes have been stopped and entered a new phase, namely legal settlement. The issue that arises is whether legal settlement can be the key answer to this territorial dispute, then whether legal settlement can create justice for the disputing countries. Furthermore, whether a legal settlement can dampen and create stability and security in the region. It may be very far if a legal settlement can fulfill some of the questions above.


Arbitration; Dispute; Sea; International; UNCLOS.

Full Text:




Buszynski, Leszek, 2012, The South China Sea: Oil, Maritime Slaims, and US – China Strategic Rivalry, The Washington Quaterly, Spring;

Khaliq, Riyaz Ul., 2021, 3 Reasons China Tries to Control South China Sea;

United Nations., 1982, United Nations Convention on the Law of the Sea 1982;


Adi, Danang Wahyu Setyo., Analysis of Settlement of South China Sea Disputes by International Arbitration Board, Lex Generalis Journal of Law, Vol. 1, No. 3, 2020;

Alex Calvo., China, the Philippines, Vietnam and International Arbitration in South China Sea, The Asia-Pacific Journal, Vol. 13, No. 2, October 2015;

Ardila, Ririn, and Akbar Kurnia Putra., Indonesian Exclusive Economic Zone Area Dispute (Case Study of Chinese Claims Over the North Natuna Sea), Uti Possidetis: Journal of International Law, Vol. 1, No. 3, 2021;

Callista, Prameshwari Ratna, Muchsin Idris, and Nanik Trihastuti., China Claims About Traditional Fishing Ground in Indonesian Natuna Waters in the 1982 UNCLOS Perspective, Diponegoro Law Journal, S1 Study Program in Law, Faculty of Law, Diponegoro University, Vol. 6, No. 2, 2017;

Chapman, Bert., China's Nine-Dashed Map, Geopolitics, History, And International Relations, Vol. 8, No. 1, 2016;

Cogliati-Bantz, Vincent P., The South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China), The International Journal of Marine and Coastal Law, Vol. 31, No. 4, 2016;

Korkut, Ekrem, and Woo Hyun Kang., China's Nine Dash Line Claim in Light of the Ruling by the Permanent Court of Arbitration (12 July 2016)', Penn St. JL & Int'l Aff., Vol. 5, 2017;

Prayuda, Rendi, and Fanesa Angeli., Analysis implementation Of The Coc (Code Of Conduct) Concept In Conflict Resolution In The North Natuna Sea, Journa PEAR : Power in International Relations, Vol. 4, No. 2, 2020;

Rapang, I., Z. Fanani, S. Widagdo, and T. Domani., Maritime Policy Integration Model At Natuna On The Defense And Security Perspective, Russian, Journal of Agricultural and Socio-Economic Sciences, Vol. 100, No. 4, 2020;

Sumarlan, Sutrimo, Sudibjo, And Ahmad G. Dohamid., Indonesia DefenseDiplomacy Strategy in Resolving China Claims to Indonesia Exclusive Economic Zone in North Natuna Sea, Journal of Contemporary Issues in Business and Government, Vol. 27, No. 2, 2021;

Xianshi, Jin Xianshi, 2000, Marine Fishery Resources and Management in China, (paper presented at the ICFO Seminar, Qingdao, PRC, 25-29 October 2000); See also Kuang-Hsiung Wang., Bridge Over Troubled Waters: Fisheries Cooperation as a Resolution to the South China Sea Conflicts, The Pacific Review, Vol. 14, No. 4, 2001;


Azanella, Luthfia Ayu., Considered Violating Territory in Natuna, China's Ministry of Foreign Affairs Calls Its Country Has Rights, 2020, Kompas.Com;

Bangkok Declaration in 1967, ASEAN then had a legal personality with he agreed ASEAN Charter in 2008. ASEAN was established on 8 August 1967 in Bangkok, Thailand, with signed Declaration ASEAN (Declaration Bangkok), on January 1, 2018;

Emmers, Ralf., ASEAN, China and the South China Sea: an opportunity missed, IDSS Commentaries, 2012,> [accessed March 16, 2021]

Hugh White of the Lowye Institute, The Interpreter:http://www.lowyinterpreter. org/post/ 2012/08/02/ASEAN-wont- help-US-manage-China. aspx

Mogato, Manuel, 2012, Philippines sees Japan as a balance to China ambitions, Jakarta Post December 2012, Look Also, See also Reuters, Vietnam steps up sea patrols as tensions with China Rise, Jakarta Post, 5 December, 2012.



  • There are currently no refbacks.

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

International Journal of Law Reconstruction Indexed by :

DOAJgoogle_scholarsintacrossrefMendeley onesearch  dimension

International Journal of Law Recnstruction  
Faculty of Law, UnissulaCopyright of International Journal of Law Reconstruction
Jalan Kaligawe Raya KM.4, Terboyo Kulon, Genuk, E-ISSN 2775-8885 (Online)
Semarang, Central Java, Indonesia, 50112IJLR is licensed under a