S. RizzaAyu, Ramlan Ramlan, Rahayu Repindowaty
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引用次数: 1

摘要

印尼和越南之间的海上边界是位于南中国海的海上边界。到目前为止,特别是在印尼和越南之间的专属经济区发生了一些问题,这些问题还没有完全解决。专属经济区是在领海之外和毗邻领海的区域,受国际海洋法特别法律制度的约束。在国际和平与安全原则的基础上,为在解决发生的争端方面建立国与国之间的良好关系作出了若干努力。解决国际争端所指的原则是为争端各方提供一种基于国际法解决争端的方式。在国际法中有两种已知的解决办法,即和平和战争(军事)。1982年《联合国海洋法公约》第287条规定了与国家间海洋领土相互关联的国家的争端解决程序,该条款规定了替代性争端解决程序和争端解决程序。本研究是一项规范性研究,考察了与所讨论问题相关的来源。本研究的结果得出结论,在解决印度尼西亚和越南之间关于专属经济区水域海洋边界的争端时,可以通过1982年《联合国海洋法公约》框架中所述的各种替代性争端解决方案来解决,即a)和平争端解决,b)争端解决与强制性程序。根据1982年《联合国海洋法公约》第280条的规定,每个国家都可以自由选择一种解决争端的方式,即双方都希望采取的诉讼途径(法院途径)和非诉讼途径(庭外途径)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia
The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.
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