Penerapan Prinsip-Prinsip United Nations Convention on the Law of the Sea (UNCLOS) 1982 dalam Sengketa Laut Mediterania Timur (Studi Kasus antara Turki, Yunani Dan Siprus)

Abstract

General legal principles are one of the 4 (four) sources of international law contained in Article 38 paragraph (1) of the Statute of the International Court of Justice. One of these legal principles is regulated in an international agreement. The United Nations Convention on The Law of The Sea (UNCLOS) or the United Nations Convention on The Law of The Sea which regulates the use and protection of marine resources in the world. This study focuses on 3 (three) questions, namely: First, What are the regulations regarding the principles contained in UNCLOS, especially those concerning maritime disputes? Second, How is the binding force of UNCLOS on countries that have not ratified UNCLOS, especially in Mediterranean Sea disputes? Third, What is the history and method of resolving Mediterranean Sea disputes according to applicable international law? The conclusion of this study is that the UNCLOS legal principle is more directed at resolving international maritime disputes. There is a consensus that the provisions of UNCLOS have obtained the status of jus cogens customary international law or jus cogens. This means that countries must comply with these provisions, whether they are parties to UNCLOS or not. For Turkey and Greece, discussions on the dispute have been carried out and are known as "exploratory talks" which have not reached a bright spot. Efforts to resolve the dispute have also been made by the European Union to Turkey, Greece, and Cyprus until now in order to reach an agreement and avoid escalation by the military between the parties.