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Articles 1 - 30 of 631
Full-Text Articles in International Law
Women’S Participation In Middle Eastern Politics: Between Cultural Norms And Democratic Aspirations, Siham Abidi, Thomas Sheku Marah
Women’S Participation In Middle Eastern Politics: Between Cultural Norms And Democratic Aspirations, Siham Abidi, Thomas Sheku Marah
Journal Of Middle East and Islamic Studies
Women’s political participation in the Middle East remains shaped by the complex interaction of cultural norms, religious interpretations, and democratic reform processes. While existing scholarship has examined these factors extensively, limited attention has been devoted to explaining why women’s political participation varies across states with broadly similar socio-cultural and religious contexts. This study addresses this gap through a qualitative comparative analysis of Tunisia, Saudi Arabia, and Iran. Guided by Feminist Institutionalism and Political Opportunity Structure theory, the study draws on secondary data from peer-reviewed literature, legal documents, and policy reports. The findings demonstrate that women’s political participation is not determined …
From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan
From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan
Indonesian Journal of International Law
The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 enshrines that the moon as a Common Heritage of Mankind (CHM), which highlights equitable sharing. This is considered a reason why the Agreement only attracted 17 member States. In order to return to the moon by 2028, the United States arranged the Artemis Accords. This non-binding arrangement discusses the utilization of space resources and the non-appropriation principle under international space law. The Artemis Accords can be interpreted as a subsequent practice related to space law treaties. However, the accord excludes the Moon Agreement, which …
Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar
Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar
Indonesian Journal of International Law
Naz Khatoon Modirzadeh published an article criticizing the Third World Approaches to International Law (TWAIL) movement for its purported inability to achieve its purpose as a response to one of the major international law decolonization projects. One of her criticisms is that TWAIL lacks a cohesive counter-vision of international law, actual representation of third-world views, and organized political movements. Within the heavily diverse (which is one of the problems) TWAIL camp, among others, is the voice of Islamic law. Most Muslim nations have been at the receiving end of the brute force of colonialism. Colonialism is, in fact, responsible for …
After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey
After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey
Indonesian Journal of International Law
Indonesia’s ratification of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) signals its entry into a new phase of ocean governance. Translating this commitment into practice requires understanding the Agreement’s scope, assessing its institutional design, and evaluating its implications for Indonesia’s marine legal framework. This paper applies a normative legal analysis and draws on international treaties, domestic laws, and policy instruments to examine the BBNJ’s four substantive pillars—marine genetic resources, area-based management tools, environmental impact assessments, and capacity building and technology transfer—and their relevance to global and national biodiversity …
Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar
Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar
Indonesian Journal of International Law
International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …
The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro
The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro
Indonesian Journal of International Law
This study aims to analyze the impact of international trade liberalization on oil and gas management policies in developing countries, with a focus on Indonesia as a case study. As a country rich in natural resources, Indonesia faces challenges in maintaining sovereignty over the management of its national oil and gas industry amidst commitments to international trade agreements such as the GATT/WTO. Through a qualitative approach and analysis of international agreement documents, national regulations, and oil and gas industry data, this study finds a significant influence of trade liberalization principles on oil and gas management policies in Indonesia. The results …
Climate Refugees And The Global Common Concern: ‘Rethinking Responsibility Sharing’ In International Law, Saheli Chakraborty, T.V.G.N.S Sudhakar
Climate Refugees And The Global Common Concern: ‘Rethinking Responsibility Sharing’ In International Law, Saheli Chakraborty, T.V.G.N.S Sudhakar
Indonesian Journal of International Law
Climate change is a fervently sought manifestation that has disproportionately impacted human rights. Amongst galore impediments, climate change has left an indelible mark on human mobility. The climate change-induced migrants, compelled to move beyond the borders, are caught in a double-edged sword. The foremost starts with the ‘’recognitional void” under the refugee law regime. At the outset of differential recognition, the scale of an apprehensive crisis is further questionable. However, acknowledging that no state can protect climate refugees nor address climate change alone, the need for responsibility sharing has been suggested as a sustainable contrivance in approach to the contemporary …
The Rodrigo Duterte Case At The International Criminal Court: Towards The Erosion Of States’ Right To Withdraw From The Rome Statute?, Giovanni Chiarini Dr
The Rodrigo Duterte Case At The International Criminal Court: Towards The Erosion Of States’ Right To Withdraw From The Rome Statute?, Giovanni Chiarini Dr
Indonesia Law Review
The Rodrigo Duterte case raises complex questions concerning the interpretation of Article 127 of the Rome Statute (RS), particularly regarding its statutory limits relating to the one-year window governing the effects of withdrawal, as well as the interpretation of the procedural identity of the preliminary examination. This paper is divided into two parts: the first briefly outlines the procedural history of the war on drugs case from 2016 to 2024; the second analyses the dissenting opinion concerning the interpretation of Article 127 RS and explores the key developments from 2025 to 2026, focusing on the main issues raised by the …
The Legal Framework Of Carbon Trading In The Perspective Of Climate Law: A Comparative Study Of Global Warming Mitigation Strategies Between Indonesia And Brazil, Istikhomah Istikhomah, Laella Millinia
The Legal Framework Of Carbon Trading In The Perspective Of Climate Law: A Comparative Study Of Global Warming Mitigation Strategies Between Indonesia And Brazil, Istikhomah Istikhomah, Laella Millinia
Indonesian Journal of Environmental Law
This study examines the legal framework of carbon trading, focusing on a comparative analysis of global warming mitigation strategies in Indonesia and Brazil. Using a normative juridical method, this research analyzes legal instruments, policies, and international commitments that shape carbon trading mechanisms in both countries. The primary issue explored is the effectiveness of regulatory frameworks in facilitating carbon trading to mitigate climate change while ensuring environmental sustainability and economic growth. Both Indonesia and Brazil have established carbon trading regulations in line with their commitments under the Paris Agreement. However, their implementation strategies differ significantly. Indonesia employs a regulatory based approach …
Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S
Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S
Indonesian Journal of International Law
The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …
Mapping The Mechanism For Trade Dispute Resolution In The Bilateral Free Trade Agreement Between Indonesia And Partner Countries, Garuda Wiko, Fatma Muthia Kinanti
Mapping The Mechanism For Trade Dispute Resolution In The Bilateral Free Trade Agreement Between Indonesia And Partner Countries, Garuda Wiko, Fatma Muthia Kinanti
Indonesian Journal of International Law
Indonesia actively promotes international trade liberalization through various free trade agreements (FTAs) with partner nations. This study focuses on the dispute settlement mechanisms (DSM) within Indonesia’s bilateral FTAs, given that most partners are members of the World Trade Organization (WTO), making this relevant comparison. The research is divided into three main parts: explaining international trade dispute settlement mechanisms, mapping DSMs in Indonesia’s FTAs, and a comparative analysis. It aims to answer how dispute settlement mechanisms are structured in Indonesia’s bilateral FTAs. Based on the mapping, it is found that the majority of Indonesia’s bilateral FTAs align with WTO dispute resolution …
Divorce Of International Mixed Marriage And Marriage Held Abroad And Indonesian Private International Law, Tiurma M. Pitta Allagan
Divorce Of International Mixed Marriage And Marriage Held Abroad And Indonesian Private International Law, Tiurma M. Pitta Allagan
Indonesian Journal of International Law
The unstoppable tide of globalism not only brings an increasing commercial interconnectivity between nations, but also bonds of matrimony, and in turn, the chance of divorce. Indonesian courts entertaining international divorce cases is certainly not a rarity, neither divorce of the international mixed marriage nor the marriage that was held abroad. With two recent divorce cases having a foreign element, Indonesian courts declared having no jurisdiction under grounds of “litis pendentie” and forum non-convenience, including one by the Indonesian Supreme Court. In three other cases, the courts, after addressing the preliminary question of marriage, applied the “lex fori”, or Indonesian …
Investment Arbitration: On The Availability Of The State Counterclaim, Syamsul Maarif, Latif Mustofa, Alfi Husni
Investment Arbitration: On The Availability Of The State Counterclaim, Syamsul Maarif, Latif Mustofa, Alfi Husni
Indonesian Journal of International Law
This paper explores the availability and significance of state counterclaims in international investment arbitration, a mechanism typically perceived as favoring investors. While investor-state dispute settlement (ISDS) provides foreign investors with powerful legal recourse, it has led to concerns over the asymmetry in investor-state relations, often perceived as skewed against host states. By allowing states to file counterclaims, a more balanced and sustainable arbitration framework can be achieved, discouraging baseless claims and promoting fairness. The analysis draws on arbitration rules of major tribunals, including the ICSID and UNCITRAL frameworks, and reviews notable cases such as Metal-Tech v. Uzbekistan, Al-Warraq v. Indonesia, …
Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni
Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni
Indonesian Journal of International Law
The Hague Conventions include a general participation clause and is regarded as customary international law, meaning that ASEAN countries are considered bound by the norms contained within the convention. The declaration of war as stated in the Hague Convention III of 1907 was adopted in Article 11 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which, to date, has not provided further regulations governing the implementation of legislative and executive powers concerning the declaration of war. Therefore, it is necessary to look at the constitutional arrangements for the state of war in ASEAN countries through comparative law …
Legal Implications Of The Mauritius V Maldives Case On The Delimitation Of Archipelagic States, Aishath Ruhsha Nasheed, Mohd Hisham Mohd Kamal
Legal Implications Of The Mauritius V Maldives Case On The Delimitation Of Archipelagic States, Aishath Ruhsha Nasheed, Mohd Hisham Mohd Kamal
Indonesian Journal of International Law
Maritime boundary delimitation is a complex field of international law characterized by uncertainty and unpredictability. Historically, States have relied on case law to develop and elaborate on the ambiguous provisions stipulated under the United Nations Convention on the Law of the Sea (UNCLOS) concerning maritime boundary delimitation. However, case law related to the maritime delimitation of archipelagic States is limited, leading to conflicting interpretations of the basic principles of maritime delimitation in the context of archipelagic States. This paper aims to examine the legal implications of the latest Mauritius v. Maldives case on the maritime boundary delimitation of archipelagic States. …
The Structural Obligations Approach To Human Rights, David Birchall
The Structural Obligations Approach To Human Rights, David Birchall
Indonesian Journal of International Law
This paper starts from the observations that access to socio-economic rights is retrogressing in many wealthy states and that human rights argumentation is failing to address the causes of this retrogression. The paper locates a core reason for this failure in an imbalance between narrow but forceful claim rights and inclusive but imprecise structural approaches. It builds a form of rights practice that merges the strength of each approach. It is predicated on five key principles: structural obligations should identify discrete rights-based problems that engender specific obligations upon feasibly obligated duty-bearers to make practicable changes to conduct to realise rights …
Reforma Alutsista Dan Sumber Daya Alam: Menjawab Tantangan Hukum Internasional Dan Perdamaian Dunia, Wildan Azkal Fikri, Rohadhatul Aisy
Reforma Alutsista Dan Sumber Daya Alam: Menjawab Tantangan Hukum Internasional Dan Perdamaian Dunia, Wildan Azkal Fikri, Rohadhatul Aisy
Jurnal Hukum & Pembangunan
This study departs from the paradox of the failure to achieve world peace despite the existence of an established international legal regime. It addresses three main objectives: (1) identifying the key factors that undermine world peace; (2) analyzing the failure factors of international law to realize global peace; and (3) formulating a responsive international legal architecture to future peace agendas. The study employs a critical descriptive method with a socio-legal (non-doctrinal) approach, drawing on the analytical frameworks of neorealism, great powers oligarchy, and Third World Approaches to International Law (TWAIL). The qualitative analysis is conducted by examining power relations, the …
Fatf Recommendation And Charitable Organizations Supervision Policy In Indonesia: A Study On The Prevention Of Terrorism Financing, Fithriadi Muslim, Eva Achjani Zulfa
Fatf Recommendation And Charitable Organizations Supervision Policy In Indonesia: A Study On The Prevention Of Terrorism Financing, Fithriadi Muslim, Eva Achjani Zulfa
Indonesian Journal of International Law
This research aims to analyze the supervision policies of charitable organisations in Indonesia, particularly in the context of preventing terrorism financing, and comparing them to international provisions, such as the Financial Action Task Force (FATF). It also explores the oversight practices in other countries to identify the best practices that Indonesia can adopt. The research addresses two key questions: (1) How do Indonesia’s supervision policies for charitable organisations prevent terrorism financing? (2) How do Indonesia’s supervision practices compare with international standards in preventing terrorism financing? This study uses a normative juridical approach, focusing on legislative and comparative methods. Primary legal …
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
Indonesian Journal of International Law
On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends …
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari
Indonesian Journal of International Law
The Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit orders that are no longer debated because they are accepted as truth. The Grundnorm being the source of the validity of legal imperatives, it means that is the highest source of the validity of regulatory law within the scope of national and international law. This is the background of the justification of the Monism school, which is …
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović
Indonesian Journal of International Law
The year 2025 marks the thirtieth anniversary of the Srebrenica genocide. This article aims to revisit and give an overview of the critical points of the judgment in the case of Bosnia and Herzegovina v Serbia and Montenegro (Judgment), related to the application of the Convention on the Prevention and Punishment of the Crime of Genocide that was conducted before the International Court of Justice. The case (also known as the Bosnia v Serbia case) was brought to an end by the Judgment in 2007, drawing a mixed response. The main points of contention in the Judgment are related to …
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela
Indonesian Journal of International Law
To overcome the global climate change crisis, the Government of Indonesia (GoI) ratified the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement on Climate Change on 22 April 2016, imposing quasi-legal obligations on contracting states to reduce greenhouse gas (GHG) emissions based on Nationally Determined Contribution (NDC) until 2030. As a contracting party of the Paris Agreement, Indonesia has submitted an Enhanced Nationally Determined Contribution (ENDC), increasing its GHG emission reduction target from 31.98 percent to 43.20 percent by 2030. Pillar II of the Golden Indonesia Vision 2045, Indonesia has also reaffirmed its commitment to climate change mitigation …
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Indonesian Journal of International Law
The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga
Indonesian Journal of International Law
The war crime of child soldiering has contagiously blossomed, necessitating the application of several prohibitive legal standards for its extermination. As the impact of this heinous and atrocious crime soars, the multi-dimensional scope for the protection against child soldiering becomes more sternly entrenched. This article aims to interrogate this global and worrying phenomenon in the light of existing international legal framework. Alhough doctrinal in nature, this article relies on both primary and secondary sources of data. It was found that despite the high retinue of prohibitive norms as stipulated in various legal instruments, the war crime of child soldiering has …
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong
Indonesian Journal of International Law
Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with …
Dynamics Of The Penitentiary System, Transparent And Accountable Handling Of Criminal Cases In Criminal Execution Law In Southeast Asia: Convergence And Divergence Of International Perspectives, Anis Widyawati, Ade Adhari, Ali Masyhar, Bearlly Deo Syahputra, Didik Purnomo
Dynamics Of The Penitentiary System, Transparent And Accountable Handling Of Criminal Cases In Criminal Execution Law In Southeast Asia: Convergence And Divergence Of International Perspectives, Anis Widyawati, Ade Adhari, Ali Masyhar, Bearlly Deo Syahputra, Didik Purnomo
Indonesia Law Review
This research examines the dynamics of the penitentiary system transparent, and accountable criminal case handling in criminal execution law in Southeast Asia, focusing on the convergence and divergence of international perspectives. These countries have diverse approaches to the penitentiary system and criminal law enforcement, including in terms of the implementation of the death penalty and the treatment of prisoners. Some countries, such as Singapore and Malaysia, maintain strict death penalty practices, which often contradict international human rights standards, while others such as the Philippines show inconsistencies in implementing criminal execution laws. This research also examines the three main stages in …
Application Of The New York Convention To International Investment Arbitration Awards: An Analysis From The Perspectives Of Indonesia And China, Luo Yuan Yuan
Indonesia Law Review
Since the 21st century, as countries have increasingly engaged in international economic activities, the economic ties between nations and regions have grown progressively closer, and cross-border investments have surged. Consequently, investment disputes, which often accompany these investments, have emerged as a critical issue that cannot be overlooked by host governments and foreign investors. Currently, the predominant method for resolving investment disputes is through international arbitration. Therefore, the enforcement of investment arbitration awards has become a key indicator of the effectiveness of the dispute resolution mechanism. A significant area of concern and research is whether the New York Convention can be …
Human Rights Concern In International Investment Law: A Study Of Indian International Investment Agreements, Varun Chhachhar, Monika Negi, Prashant Singh, Niharika Kumar
Human Rights Concern In International Investment Law: A Study Of Indian International Investment Agreements, Varun Chhachhar, Monika Negi, Prashant Singh, Niharika Kumar
Indonesian Journal of International Law
The interaction of human rights and investment protection obligations in international investment law is on the rise. Human rights have been cited in claims and defenses of the parties and in the reasoning of the tribunals. Since majority of international investment agreements lack clarity and do not express the use of the term ‘human rights’, experts question the legitimacy of such usage. Given the alleged backlash and ongoing reforms in international investment law, the lack of human rights concern in international investment law needs proper investigation. This paper investigates the issue in the Indian context. After the adoption of its …
Bebas-Aktif: On The Law Of Neutrality Applicable To Indonesia, Arie Afriansyah, Hitoshi Nasu
Bebas-Aktif: On The Law Of Neutrality Applicable To Indonesia, Arie Afriansyah, Hitoshi Nasu
Indonesian Journal of International Law
Tensions have heightened in the Indo-Pacific, with the People’s Republic of China engaging in aggressive behaviors in the South China Sea, confronting India in border disputes, and poising itself for a forcible unification of Taiwan in the midst of a great power competition with the United States. While the situation remains precarious, it is imperative for Indonesia to consider how it might position itself if a large-scale armed conflict erupted in the region. Indonesia could plausibly maintain a neutral status without taking part in hostilities, pursuant to its long-standing “free-active” foreign policy. In such a case, the law of neutrality …
Bbnj Agreement And The Negotiation Process: An Analysis From Developing Country Perspective With Special Focus On Indonesia, Simi K K, Kavitha Chalakkal
Bbnj Agreement And The Negotiation Process: An Analysis From Developing Country Perspective With Special Focus On Indonesia, Simi K K, Kavitha Chalakkal
Indonesian Journal of International Law
The governance of marine genetic resources from areas beyond national jurisdiction (ABNJ)and regulating access to this regime in all available and existing forms is a core issue before international policymakers. The recently concluded BBNJ Agreement negotiations for the conservation and sustainable use of marine biological resources from areas beyond national jurisdiction was a platform to negotiate for a new legal instrument to address the core issues related to marine diversity from ABNJ, as agreed under the UNGA Resolution 72/249 to address the problems identified in the 2011 package. Defining MGRs and developing appropriate access and benefit-sharing mechanisms for marine biological …