LEGAL ANALYSIS ON THE LEGAL REASONING OF THE PHILIPPINES IN THE SOUTH CHINA SEA ARBITRATION



Rahmah Candrika Ramadhaniati(1*)

(1) Universitas Gadjah Mada
(*) Corresponding Author

Abstract


The South China Sea Arbitration marks as a prominent case in the International Law of the Sea. This paper contributes to the legal analysis of the primary legal reasoning from the Philippines to initiate arbitrary proceedings against the People’s Republic of China (China). It also contributes to the legal basis and legal issues that the Philippines used as arguments to held China responsible for maritime entitlements as well as exploitation in the South China Sea. This legal analysis on the legal reasoning of the Philippines discusses both the fair and justifiable legal reasoning and the misleading legal reasoning from the Philippines in the South China Sea Arbitration. In the end, the writer concludes whether the Philippines’ legal reasoning was entirely justifiable or not. The writer finds the Philippines’ legal reasoning is not entirely justifiable due to several reasons.


Keywords


Laut Tiongkok Selatan, Arbitrase, Filipina, Tiongkok, UNCLOS.





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