ahmad fiqqih - Academia.edu (original) (raw)

Papers by ahmad fiqqih

Law Studies, Jan 26, 2024

The legal actions taken by the Philippines in the International Tribunal, based on UNCLOS, result... more The legal actions taken by the Philippines in the International Tribunal, based on UNCLOS, resulted in a verdict affirming the lack of legal basis for China's claims and denying China any entitlement to an Exclusive Economic Zone within the Spratly Islands. Moreover, it was found that China had damaged the ecosystem in the Spratly Islands through activities such as overfishing and the construction of artificial islands.This research explores the implications arising from China's rejection of the ruling on the integrity of international maritime law, which has become an integral part (jus cogens). UNCLOS, as a crucial milestone in territorial sovereignty delineation, reinforces legal principles above a nation's economic or political strength. China, as a signatory to UNCLOS, has ratified this convention, yet its post-verdict stance raises questions about its consistency in adhering to widely recognized principles. The principle of responsibility for the violation of agreements can be applied in the context of China's rejection of the court's decision, where China is one of the participating countries and has ratified UNCLOS. As a participating state in the Convention, China is formally obligated to comply with the provisions of the convention based on the principle of Pacta Sunt Servanda and good faith. The Arbitration Court, as stipulated in UNCLOS, has jurisdiction, embodied as a compromissory clause or a specific arbitration clause, in case of disputes regarding the interpretation and application of the convention among the parties. This jurisdiction empowers the court to settle disputes that arise. As a dispute resolution institution, the arbitration court has the authority to decide on the disputes brought before it. The decisions issued by the arbitration are final and binding on all parties involved.

Law Studies, Jan 26, 2024

The legal actions taken by the Philippines in the International Tribunal, based on UNCLOS, result... more The legal actions taken by the Philippines in the International Tribunal, based on UNCLOS, resulted in a verdict affirming the lack of legal basis for China's claims and denying China any entitlement to an Exclusive Economic Zone within the Spratly Islands. Moreover, it was found that China had damaged the ecosystem in the Spratly Islands through activities such as overfishing and the construction of artificial islands.This research explores the implications arising from China's rejection of the ruling on the integrity of international maritime law, which has become an integral part (jus cogens). UNCLOS, as a crucial milestone in territorial sovereignty delineation, reinforces legal principles above a nation's economic or political strength. China, as a signatory to UNCLOS, has ratified this convention, yet its post-verdict stance raises questions about its consistency in adhering to widely recognized principles. The principle of responsibility for the violation of agreements can be applied in the context of China's rejection of the court's decision, where China is one of the participating countries and has ratified UNCLOS. As a participating state in the Convention, China is formally obligated to comply with the provisions of the convention based on the principle of Pacta Sunt Servanda and good faith. The Arbitration Court, as stipulated in UNCLOS, has jurisdiction, embodied as a compromissory clause or a specific arbitration clause, in case of disputes regarding the interpretation and application of the convention among the parties. This jurisdiction empowers the court to settle disputes that arise. As a dispute resolution institution, the arbitration court has the authority to decide on the disputes brought before it. The decisions issued by the arbitration are final and binding on all parties involved.