The South China Sea Dispute: Code of Conduct Implementation as the Dispute Settlement
DOI:
https://doi.org/10.33172/jdp.v8i1.884Abstract
After the end of World War II, China has claimed the area in South China Sea as its territory based on its historical background, or so-called the nine-dash line. This China’s unilateral accusation naturally reap many negative responses from countries in the area because it is consider as theirs. However, China who did not ratify UNCLOS 1982 as the international law stick to its own rules. Therefore, the purpose of this article is to examine the effectiveness of Code of Conduct offered by ASEAN as the dispute settlement of this border issue. In an attempt to present the results, author collected primary and secondary data from official document and credible literature which are accessible on the internet such as journal and article website. The results of this study found that dispute resolution through the Code of Conduct still encounters obstacles, therefore it is necessary to do alternative solutions such as bilateral negotiations between the disputing parties.References
Amry, Sacha. 2015. “An Analysis of the South China Sea Dispute: Focusing on the Assessment of the Impact of Possible Solutions on the Economies of the Region.” The City University of New York.
Boston Global Forum. 2015. “Chinese Disputes in the South China Sea: Risks and Solutions for the Asia-Pacific A Boston Global Forum Report.”
Chang, Felix K. 2020. “Uncertain Prospects: South China Sea Code of Conduct Negotiations - Foreign Policy Research Institute.” Foreign Policy Research Institute. Retrieved January 23, 2022 (https://www.fpri.org/article/2020/10/uncertain-prospects-south-china-sea-code-of-conduct-negotiations/).
Congressional Research Service. 2021. “China Primer: South China Sea Disputes.”
Embassy of the People’s Republic of China in Canada. 2015. “People’s Daily: China’s Sovereignty over South China Sea Islands Brooks No Denial.” Embassy of the People’s Republic of China in Canada 1–2. Retrieved January 23, 2022 (http://ca.china-embassy.org/eng/zt/cpot/201512/t20151223_4879819.htm).
Fravel, M. Taylor. 2011. “China’s Strategy in the South China Sea.” Contemporary Southeast Asia 33(3):292–319. doi: 10.1355/cs33-3b.
Harahap, Syaiful W. 2021. “Konflik Natuna , China Tidak.” Tagar.Id 3–5. Retrieved January 23, 2022 (https://www.tagar.id/konflik-natuna-china-tidak-mengakui-zee-indonesia).
Haryanto, Agus, and Arry Bainus. 2017. “Implikasi Declaration of Conduct Laut Tiongkok Selatan Tahun 2002 Terhadap Proses Penyelesaian Sengketa.” Jurnal Media Hukum 24(1):88–95. doi: 10.18196/jmh.2017.0093.88-95.
Junfeng, Gu. n.d. “Dispute Resolution in the South China Sea ‘Joint Development’ to ‘Joint Protection.’”
Kusuma, Winanda, A. Cery Kurnia, and Rio Armanda Agustian. 2021. “South China Sea: Conflict, Challenge, and Solution.” Lampung Journal of International Law 3(1):51–62. doi: 10.25041/lajil.v3i1.2266.
Law, International. 2015. “A Fair and Effective Code of Conduct for the South China Sea.” Center for Strategic and International Studies 1–5. Retrieved January 23, 2022 (https://amti.csis.org/a-fair-and-effective-code-of-conduct-for-the-south-china-sea/).
Nugroho, Mohammad Alvian Adi, and M. Miftahul Hikam. 2020. “South China Sea Claim Dispute Settlement Between ASEAN and China.” Trunojoyo Lawa Review 2(1):1–11.
Perwita, Anak Agung Banyu. 2022. “Defense Diplomacy for Confidence Building Measures.”
Souza, Jaymi-lyn, Nicholas Clark, Noah Aurelio, and Timothy Jarvis. 2018. “South China Sea: Conflict Solution.”
Tong, Linh. 2016. “Seeking a Solution to the South China Sea Disputes.”
Widian, Rizky, and Arimadona. 2018. “Cooperation & Security Dilemma in the South China Sea: Conflict Management & the Increasing of China’s Power.” Jurnal Global Strategis 12(2):91. DOI: 10.20473/jgs.12.2.2018.91-106.
Wiranto, Surya, Hikmahanto Juwana, Sobar Sutisna, and Kresno Buntoro. 2015. “The Disputes of South China Sea From International Law Perspective.” The Southeast Asia Law Journal 1(1):1. doi: 10.31479/salj.v1i1.2.