THE ANALYSIS OF SOUTH CHINA SEA DISPUTE BETWEEN THE PHILIPINES AND THE PEOPLE’S REPUBLIC OF CHINA (PRC) AFTER AWARD OF ARBITRAL TRIBUNAL CONSTITUED ON 2013 UNDER ANNEX VII OF THE 1982 UNITED NATION CONVENTION ON THE LAW OF THE SEA
Abstract
The problem of disputes of marine ownership of South China Sea between China and Philippines is not a new issue in the world of international law. This is triggered because china claimed the South China Sea based on the historical right or called by Nine Dash Line. Even though, the determination of the territorial waters shall be based on the United Nations Convention on the Law of the Sea (UNCLOS) which has been ratified by both countries. Because China is considered to interfere in the territory of the Philippine finally the problem is submitted to the international arbitration tribunal in the Den Hague, This research is to find out how the role of the arbitral tribunal under Annex VII of the United Nations Convention on the Law of the Sea in the Case of South China Sea. The type of research used is normative legal research with the legal rule approach and case approach. Then by using qualitative descriptive method of research results show that the cause of disputes in China and the Philippines is the overlapping of claims and the lack of clarity of international rules on the ownership of the southern Chinese sea area. in the other hand, permanent court of arbitration (PCA) determined every China’s activities in the features area of south china sea do not give sovereignty right for china that matter is done by (PCA) interpreting the sea features based on (UNCLOS). China is also considered in environmental damage when China commits the exploration and exploitation in the dispute area. Finally, the research formulates suggestions that the international arbitration court's decision can be a reference and pressure tool that can be used by the Philippines so that China attitudes related to its claims in the South China Sea can be more lenient if at any time the Philippine and china negotiate to resolve dispute thoroughly.