Kekuatan Normatif UNCLOS 1982 dalam Penyelesaian Sengketa Laut China Selatan

The Normative Power of UNCLOS 1982 in the Settlement of the South China Sea Dispute

Abstract

The South China Sea has become a global focus due to the complexity of geopolitical competition and overlapping territorial claims between several countries in the region, leading to territorial claims by countries surrounding the South China Sea. Actions such as island reclamation, the construction of military facilities, and the enforcement of aggressive maritime claims have increased tensions and threatened stability in the South China Sea. International maritime law plays a crucial role in regulating the rights and obligations of countries in international waters. This research will use a normative juridical method. This research aims to analyze competition and territorial claims in the South China Sea, such as China's claim with the "nine-dash line" which is not in accordance with the provisions of UNCLOS, and evaluate the effectiveness of the United Nations Convention on the Law of the Sea (UNCLOS) in dealing with the actions of surrounding countries in the South China Sea. UNCLOS, which regulates maritime activities, faces challenges in its implementation due to differing interpretations, the lack of effective enforcement mechanisms, and the refusal of some countries to comply with international court rulings such as the 2016 PCA ruling that rejected China's claims. The study's conclusions emphasize the need for a multilateral approach, constructive dialogue, and respect for international law to resolve disputes in the South China Sea peacefully and sustainably. It recommends strengthening commitment to the principles of international law, strengthening ITLOS, establishing a joint marine conservation program, preventing overexploitation, avoiding military escalation, and resolving disputes peacefully.