Konflik Batas Wilayah di ASEAN: Studi Kasus Laut China Selatan

The South China Sea, a vital waterway teeming with marine life and rich in natural resources, has become a focal point of territorial disputes among ASEAN member states and China. This complex geopolitical landscape, characterized by overlapping claims and competing interests, has fueled tensions and raised concerns about regional stability. This article delves into the intricacies of territorial disputes in the South China Sea, examining the historical context, the competing claims, and the implications for ASEAN.

Historical Context and Competing Claims

The South China Sea has been a subject of territorial disputes for centuries, with competing claims dating back to the pre-colonial era. China asserts historical rights to the entire sea based on its "nine-dash line" claim, which encompasses vast swathes of maritime territory, including areas within the exclusive economic zones (EEZs) of several ASEAN member states. Vietnam, the Philippines, Malaysia, Brunei, and Taiwan also have overlapping claims based on their proximity to the sea and their historical use of its resources. These competing claims have led to a complex web of overlapping maritime boundaries, creating a fertile ground for conflict.

The Role of International Law and the UNCLOS

The United Nations Convention on the Law of the Sea (UNCLOS), a comprehensive legal framework governing maritime affairs, provides a basis for resolving territorial disputes. UNCLOS defines the rights and responsibilities of states in relation to their maritime zones, including territorial seas, contiguous zones, exclusive economic zones, and continental shelves. However, the application of UNCLOS to the South China Sea remains contentious, with China rejecting the convention's provisions on EEZs and continental shelves.

The Impact of Territorial Disputes on ASEAN

The territorial disputes in the South China Sea have had a significant impact on ASEAN, both politically and economically. The disputes have strained relations between ASEAN member states and China, hindering cooperation on regional issues. The presence of Chinese military vessels and activities in disputed waters has raised concerns about regional security and stability. Moreover, the disputes have hampered economic development in the region, as potential energy resources and fishing grounds remain inaccessible due to the uncertainty surrounding territorial claims.

Efforts Towards Resolution and Regional Cooperation

Despite the challenges, ASEAN has made efforts to address the territorial disputes through dialogue and diplomacy. The ASEAN Regional Forum (ARF) and the East Asia Summit (EAS) have provided platforms for discussing the issue and promoting regional cooperation. ASEAN has also adopted a code of conduct for the South China Sea, aimed at preventing incidents and promoting peaceful resolution of disputes. However, progress towards a comprehensive solution remains slow, hampered by China's reluctance to fully engage in negotiations based on international law.

Conclusion

The territorial disputes in the South China Sea pose a significant challenge to regional stability and cooperation. The competing claims, the lack of a clear legal framework, and the involvement of major powers have created a complex and volatile situation. While ASEAN has made efforts to address the disputes through dialogue and diplomacy, a lasting solution requires a commitment from all parties to uphold international law and engage in good-faith negotiations. The future of the South China Sea hinges on the ability of all stakeholders to find common ground and build a framework for peaceful coexistence and sustainable development.