Analysis of the Settlement of South China Sea Disputes by the International Arbitration Tribunal

The settlement of South China Sea disputes by the International Arbitration Board is a complex challenge. The South China Sea is a strategic area disputed by several countries in Southeast Asia. International Arbitration Bodies play an important role in handling these disputes. Arbitration proceedings began in 2013 and a decision was announced in 2016. Although the decree is legally binding, its implementation still faces political and diplomatic challenges. Cooperation between the countries involved is necessary to achieve an effective solution. Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)


Introduction
An international relationship includes a state between countries, a state with individuals, or a country with an organization. Relationships often find points of difference that give rise to disputes between them. When this happens, international law plays an important role in its resolution. The function of international law is to provide a way for the parties to the dispute to resolve their disputes in accordance with international law.
An international dispute is a dispute between subjects of international law about any fact, law, or policy in which claims are made. Or the party rejects, opposes or denies it otherwise. There are several ways of resolving disputes which are categorized into two, namely peaceful settlement and forced settlement. Peaceful settlement can be through arbitration, this method has long been known in international law.
Based on International Law Commission Arbitrase is "a procedure for the settlement of disputes between states by a binding award on the basis of law and as a result of an undertaking voluntarily accepted." The rules on the enforcement of foreign (International) Arbitration awards in Indonesia are Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution listed in Articles 65-69 Chapter VI. The provision is in principle in accordance with the 1958 New York Convention (Adi, 2020). The advantages in dispute resolution through arbitration, namely: 1. The parties have freedom in choosing their judges (arbitrators).
2. The parties have the freedom to determine the procedural law or the terms of how an award will be issued. 3. The nature of the arbitral award shall in principle be final and binding. 4. It is possible for arbitral proceedings to be held confidentially if the parties so wish. 5. The parties themselves determine the purpose or duties of the arbitral body.
In addition to the existing advantages, dispute resolution through International Arbitration has disadvantages, namely: 1.
Lack of commitment in submitting disputes to international arbitration bodies. 2.
Implementation rather than a decided judgment is relatively difficult. The South China Sea Arbitration (The Republic of The Philippines v. The People's Republic of China) is one of the disputes brought before an international arbitration body. The dispute concerns competing claims between countries in Southeast Asia including Vietnam, the Philippines, Malaysia and Brunei and East Asians including China and Vietnam over the Spratly and Paracels islands and territorial waters 12 nautical miles off the surrounding coastline.

Definition of Dispute Resolution
Dispute is a situation where there is one party who feels aggrieved by the other party, so it is conveyed to the second party but this situation shows a difference of opinion so that it arises which is called a Dispute (Felson, 2017). With this dispute, both parties want to reach a favorable agreement by making a settlement of the case.

Definition of International Arbitration Body
Article 1 Paragraph 1 of Law Number 30 of 1999 states that arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the parties to the dispute (UU No.30 1999, n.d.). Thus, the International Arbitration Board is a non-litigation law enforcement tool that resolves disputes through neutral third parties. Until now there have been several international arbitration bodies established under international treaties or conventions, including: -

Research methods
The Research Method used in writing this paper is a normative research method. Normative legal research or library research is research that examines the study of documents, using various secondary data such as laws and regulations, court decisions, and legal theory. This type of normative research uses qualitative analysis, namely by explaining existing data with words or statements instead of numbers. In the inventory of legal materials should be distinguished legal and primary materials. What is used in this method is secondary material which includes text books (law books) that contain theories and concepts about law (Widnyana, 2013).

Analyzes Position Case
Analysis of the Settlement of South China Sea Disputes by the International Arbitration Tribunal In 2013, the Philippines filed an objection to China's claims and activities in the South China Sea with the United Nations Convention on the Law of the Sea 1982. in The Hague, Netherlands. The Philippines accuses China of interfering in its territory by fishing and reclaiming it to build artificial islands. The Philippines argues that China's claims in South China Sea territorial waters marked with a "nine-dash-line" contradict Philippine territorial sovereignty and international law of the sea. It wasn't until 2016 that the Hague-based International Court of Arbitration ruled that China had violated Philippine sovereignty in the South China Sea. The United Nations Court of Arbitration has ruled that China has no legal basis to claim territorial waters in the South China Sea. But the Chinese government did not accept the ruling. This dispute caused many disputes and debates, not only between China and the Philippines, but also debates including Vietnam, Brunei Darussalam, Malaysia, and Indonesia, but for Indonesia focused on the case of Natuna Island only (Saputra, 2016). In addition, as an example of the struggle for territory in the South China Sea other than the Philippines with China, namely, on the weekend of September 12, 2019, this tension was felt by Malaysia when a United States ship approached the island claimed by China (Spratly islands). As China considers the action a challenge, the United States considers the area to be in waters used for free exercise to navigate. So that nearby Malaysia also continues to encourage nonmilitarization to prepare for conflict tensions in the South China Sea.

1.
Is China violating the sovereignty of the Philippine state and damaging the marine environment? 2.
How was this conflict resolved by the Arbitration Court of the United Nations Convention on the Law of the sea 1982 (UNCLOS)? Facts 1.
The South China Sea is a water area of about 3.5 million km2 surrounded by countries such as China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan. Several countries have overlapping territorial claims and compete with each other to claim natural resources such as oil, natural gas, and fish.

2.
China has built artificial islands in the South China Sea and reclaimed several coral islands. 3.
In 2013 -Island In order to be said to be an island, a land in the middle of the sea must be able to "support human habitat or economic life independently". If a country owns an island, it is entitled to an exclusive economic zone (EEZ), which is the right to use natural resources (including fishing or exploring), within a distance of only 200 nautical miles.
-Compose Vivi Heniasy, Delycia Anwar Rannu, Audrey Bilbina Putri Land elements as rocks above sea level at high tide, regardless of magnitude. A country that owns a reef is entitled to an area within 12 nautical miles of the reef.
-Reef Land elements can only be seen when the sea water recedes. Countries that control reefs do not have rights to natural resources (SDA) contained in the vicinity.
Thus, in the ruling issued by the Arbitration Court also stated that China's island reclamation in these territorial waters does not give any rights to the Chinese government. China controls some coral reefs in the South China Sea and has retaken them as islands, later giving them ports and airstrips. On the other hand, artificial islands are not recognized as islands in the international law of the sea. Thus, China has violated the Philippines' sovereign rights.

Conclusion
The South China Sea dispute case handled by the Court was registered unilaterally by the government of the Republic of the Philippines to test the validity of China's claims, among others, based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Where the "nine dash line" contradicts Philippine territorial sovereignty and international law of the sea, China loses out on its claims to the South China Sea.
The judges at this Court based the ruling on the United Nations Convention on the Law of the Sea 1982 (UNCLOS) which has been signed by the governments of China and the Philippines. China is losing its claim to the South China Sea. The Arbitral Court also stated that the severe damage to the coral reef environment was caused by China. Thus, in accordance with International Law and the UN law of the sea which is used as a reference for the ASEAN international arbitration court requests a peaceful resolution and stability in the South China Sea region.