THE PERCEPTION AND THE ORIGINS OF THE U. S. SOUTH CHINA SEA POLICY DURING THE EVENTS HAPPENED IN THE REGION BEFORE THE COLDWAR

The South China Sea policy of the United States after World War II was formed by the United States’ perception of the three events in the South China Sea before the Cold War. After events such as France’s occupation of the nine small islands in the South China Sea, Japan’s occupation of the South China Sea, and the struggle against Japan during the Pacific War, the United States has continuously deepened its understanding of the South China Sea and increasingly valued its important value. With Japan's gradual retreat in the later stages of World War II, the United States gradually gained control of the South China Sea and took a dominant position in the South China Sea dispute. With the continuous deepening of the United States' understanding of the South China Sea and the changes in its identity, status, and interests in the South China Sea region, the U.S. South China Sea policy has gradually taken shape

Tinjauan Hukum Internasional Terhadap Reklamasi Pulau-pulau Yang Dipersengketakan Di Laut China Selatan Oleh Republik Rakyat Tiongkok

Agung Wahyudi Pamungkas* Suhaidi** Arif*** South China Sea if viewed of its geographic location is an area that has economic value, both political and strategic for countries bordering the South China Sea or not.South China Sea has a very important role as a trade and distribution of oil.In addition, the South China Sea also known as the vital shipping lanes and is one of the busiest International shipping lanes in the world.Based on geographical location can also be seen that the South China Sea is an semi enclosed sea because it is surrounded by some countries.Such conditions are frequent causes of disputes or conflicts in the South China Sea.One of the disputes and conflicts are disputes or conflicts related to reclamation actions undertaken by the People's Republic of China on the disputed islands in the South China Sea region. As for the issue is how the status and position of the South China Sea in accordance with International maritime law, how the act of reclaiming the islands disputed South China Sea by the People's Republic of China in accordance with International maritime law, and how efforts to resolve disputes that can be done related to reclamation of disputed islands in the South China Sea by the People's Republic of China. Status of the South China Sea as the sea is bordered by many costal states.While the position of the South China Sea is a semi-enclosed sea. That Status and position of the South China Sea often lead to disputes or conflicts in the South China Sea region.One of the disputes or conflicts in the South China Sea is a dispute or conflicts related to reclamation actions undertaken by the People's Republic of China.Reclamation that undertaken by the People's Republic of China on the disputed islands in the South China Sea region is actually contrary to International maritime law, especially UNCLOS 1982 and DOC 2002. Efforts to do in resolving disputes in the South China Sea, particularly disputes incurred due to actions undertaken by PRC reclamation should be done in ways that are justified by the 1982 UNCLOS and the DOC in 2002, which means peaceful resolution of disputes.And the suggestions in this paper is that in order to prevent disputes or conflicts in the South China Sea need to be done in cooperation between the countries around the South China Sea region and the need to set up a code of conduct in the South China Sea behave more binding.And that efforts for settling disputes or conflicts in the South China Sea is done by peaceful means. Keywords: Sea, China, South China, Reclamation * Mahasiswa Departemen Hukum Internasional FH USU **Dosen Pembimbing I, Departemen Hukum Internasional FH USU ***Dosen Pembimbing II, Departemen Hukum Internasional FH USU *Students of the Department of International Law FH USU **Supervisor I, Department of International Law FH USU ***Supervisor II, Department of International Law FH US

The Disputes of South China Sea From International Law Perspective

Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of International law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in International fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime

Upaya ASEAN Dalam Menyelesaikan Konflik Laut Cina Selatan Tahun 2010-2015

This research describes roles of ASEAN in resolution conflict of South China Sea in 2010-2015. South China Sea are one of High Seas in International seas that have a 3,5 million mil. South China Sea has a big potency in a mineral resources and as a International matirim ways. Since 1974 Tiongkok has claim South China Sea as a their territory and it's make a complain from the ASEAN member state especially Indonesia, Malaysia, Brunei Darusalam, Vietnam and Filiphina.The writer collects data from books, encyclopedia, journal, mass media and websites to analyze the roles of ASEAN in resolution conflict of South China Sea. The theories applied in this research are pliralism perspective with the International organization theory by Clive Archer.The result of this research shows that the roles of ASEAN in resolution conflict of South China Sea are used by diplomacy ways approach and instrument of International law. Some effort of ASEAN are in 2011 ASEAN has implemented code of Conduct dan Declaration on the Conduct (DOC) of Parties in the South Tiongkok Sea, ASEAN member has optimaled ASEAN Regional Forum ways and ASEAN Political Security Community in resolution conflict of South China Sea and ASEAN members held a ministrial meeting to create a peacefull in South Cina Seas territory

At the Intersection of History, Diplomacy, and Domestic Affairs: Vietnam’s Difficult Position in the South China Sea Dispute

Connecting the entirety of Southeast Asia to the Indian and Pacific Oceans, the South China Sea is among the world’s most vital commercial and strategic arenas. Robust shipping lanes funnel several trillion dollars in trade through the South China Sea annually; and lucrative fisheries and potentially vast hydrocarbon resources fill its waters. The South China Sea also hosts a tremendously complex geopolitical puzzle which hinges on overlapping maritime sovereignty claims made by Vietnam, China, Philippines, Malaysia, Taiwan, and Brunei. The ensuing multilateral dispute has escalated tensions in the region, leading to intense militarization, diplomatic gridlock, and trivialization of international law. The entire coastline of Vietnam is enveloped by the South China Sea; access to the South China Sea’s resources and shipping routes is paramount to Vietnam’s economic development. Thus, If Vietnam loses access to the South China Sea, the economic consequences would be potentially cataclysmic. However, to characterize Vietnam’s position on the South China Sea dispute as simply competition for resources and territory would be myopic. In a regional dispute where museums and universities are just as, if not more important than, naval bases and warships, “history is itself a part of the conflict.” (Tonnesson 2001) Through conversations with Vietnamese historians, professors of international relations, government officials, villagers, and fishermen -- as well as review of primary and secondary sources -- this paper seeks to investigate what the South China Sea dispute means for Vietnam in historical, diplomatic, and domestic terms. It is argued that Vietnam’s sovereignty claims in the South China Sea go far beyond securing fish, oil, gas, and shipping; arguably, Vietnam is seeking to balance the burdens of historical, diplomatic, and domestic pressures. Accordingly, this paper is split up into four main parts: 1) an introduction to the geography, resources, and economic and strategic importance of the South China Sea, 2) an in-depth investigation of the role of history in the South China Sea dispute, 3) a description of the contemporary diplomatic aspects of the South China Sea dispute, with a focus on Vietnam’s diplomatic intentions and strategies, and 4) a review of the ways in which the South China Sea has impacted domestic affairs in Vietnam. Parts 2, 3, and 4 feature findings gathered from interviews as well as literature provided by the Vietnamese National Boundary Commission. This paper concludes with a discussion of the ways in which historical, diplomatic, and domestic factors are closely interrelated

Politik Luar Negeri Indonesia Terhadap Tiongkok Dalam Sengketa Kepemilikan Laut Cina Selatan Tahun 2012-2016

This research describe the foreign policy of Indonesia toward Tiongkok dominations in conflict at the South China Sea in 2012-2016. South China Sea are one of high seas in the world that have big potency in transportations, natural resources and economic interest. South China Sea are located in South East Asia region and have border with six countries such as Indonesia, Malaysia, Filiphina, Vietnam, Brunei Darussalam and China. Since 1972 China have a claim about the South China Sea and its make a conflict between China and the member of ASEAN.The research method used was a qualitative with descriptive as a technic of the research. Writer collects data from books, encyclopedia, journal, mass media and websites to analyze the foreign policy of Indonesia toward Tiongkok dominations in conflict at the South China Sea. The theories applied in this research are realisme perspective with national interest concept.The result shows that foreign policy of Indonesia toward Tiongkok dominations in conflict at the South China Sea are Indonesia have a use peacefull diplomacy in conflict in South China Sea, Indonesia Government use a non intervence proncipall, Indonesia use affirmations guidline Code of Conduct and Declaration on the Conduct (DOC) of Parties in the South Tiongkok Sea and Indonesia have a potimalization Asean Regional Forum roles in conflict South China Seas