Hang Tuah Law Journal
VOLUME 2 ISSUE 2, OCTOBER 2018-MARCH 2019

THE LEGAL CONSEQUENCES OF CHINA’S OBJECTION AGAINST PERMANENT COURT OF ARBITRATION’S AWARDS ON INTERNATIONAL LAW

Winardi, Winardi ( Hang Tuah University)
Chomariyah, Chomariyah ( Hang Tuah University)



Article Info

Publish Date
31 Oct 2018

Abstract

South China Sea (SCS) dispute has been running for so long. The claimant states keeps endeavoring various resolutions to settle that dispute, either through reconcilement by their own choice or under several compulsory procedures provided by UNCLOS 1982 (Convention). Considering the content of UNCLOS 1982, one of the claimant states, Philippines, brought the dispute to PCA unilaterally against China which objected the jurisdiction along with its final award through official government statements and verbal notes. China was found violating International Law based on the principle of Pacta Sunt Servanda. Nine Dash Lines claimed based on Historic Rights are still retained by China. The procedures should lead to a permanent resolution by International Community to avoid any possible armed conflicts, including the likelihood that Historic Rights turned into Customary International Law.

Copyrights © 2018






Journal Info

Abbrev

htlj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Hang Tuah Law Journal is an peer-review journal published by Faculty of Law, Hang Tuah University twice a year in April and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...