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Indonesian Journal of International Law

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Articles 181 - 210 of 291

Full-Text Articles in International Law

The Protection Of Three-Dimensional Works As A Means Of Promoting Innovation: A Comparative Basis Of Namibia And Burkina Faso, Habraham Sonda, Frieda Shifotoka Apr 2021

The Protection Of Three-Dimensional Works As A Means Of Promoting Innovation: A Comparative Basis Of Namibia And Burkina Faso, Habraham Sonda, Frieda Shifotoka

Indonesian Journal of International Law

For years intellectual property (IP) has been an area that has been neglected in its protection and promotion in comparison to other types of the property despite its uniqueness. There is more neglect in industrial designs, specifically from innovators from developing countries, because of the lack of assistance to innovators or government prioritizing areas concerned with the public interest. IP does not only benefit its creators. However, it has contributed to the economies of many countries. Hence the need to have effective legal systems that recognize IP and have remedies and enforcement mechanisms. When there are mechanisms in place for …


Traditional Knowledge – The Changing Scenario In India, Ajoy Jose, Padmavati Manchikanti Apr 2021

Traditional Knowledge – The Changing Scenario In India, Ajoy Jose, Padmavati Manchikanti

Indonesian Journal of International Law

India is a party to the CBD, which came into force on 29 December 1993. It has three main objectives, namely the conservation of biological diversity, the sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of genetic resources. CBD envisages that the benefits accruing from commercial use of TK have to be shared with the people responsible for creating, refining and using this knowledge. Art 8(j) of the CBD provides for respecting, protecting and rewarding the Knowledge, Innovations and Practices (KIP) of local communities. Realizing the need to ensure that the …


The Protection Of Celebrity Name In China: After The ‘乔丹’ Case By The Spc Of China, Huaiyin Zhang Apr 2021

The Protection Of Celebrity Name In China: After The ‘乔丹’ Case By The Spc Of China, Huaiyin Zhang

Indonesian Journal of International Law

The Supreme People’s Court (SPC) case of ‘乔丹’, brought by Michael Jordan against Qiaodan Sports, is a landmark case over the protection of the right to the personal name in the People’s Republic of China (PRC). In the retrial proceeding, the SPC gave eight exhaustive explanations to the disputed questions and eventually reversed the lower court’s decision. After studying the judgment, this article finds that a famous foreign name can be protected by Chinese Trademark law only when it satisfies three conditions: First, the specified name enjoys a certain popularity in China and is well-known to the concerned public; second, …


Swing The Angklung Tube In The Digital Economy Era: Based On Intangible Cultural Heritage And Intellectual Property Rights Perspective, Laina Rafianti, Aam Suryamah, Afrizal Musdah Eka Putra, Ahmad M. Ramli Apr 2021

Swing The Angklung Tube In The Digital Economy Era: Based On Intangible Cultural Heritage And Intellectual Property Rights Perspective, Laina Rafianti, Aam Suryamah, Afrizal Musdah Eka Putra, Ahmad M. Ramli

Indonesian Journal of International Law

After the UNESCO inscription of Angklung as Intangible Cultural Heritage in 2010, the responsibility of the angklung custodian is harder. Angklung is not only must exist as a living culture but must also develop. At first, the inscription of angklung is essential to ascertain cultural identity from Indonesia. Besides, intellectual property law contributes a vital key to protect the community and individuals who create copyrighted subject matter based on angklung. Double protection for angklung in cultural and intellectual property also provides double consequences. The problem is, the relation between those two related institutions is weak. Moreover, the mechanism of protection …


Autonomous Space Objects And International Space Law: Navigating The Liability Gap, Ioana Bratu, Arno R. Lodder, Tina Van Der Linden Apr 2021

Autonomous Space Objects And International Space Law: Navigating The Liability Gap, Ioana Bratu, Arno R. Lodder, Tina Van Der Linden

Indonesian Journal of International Law

The introduction of advanced new technologies is transforming the space industry. Artificial intelligence is offering unprecedented possibilities for space-related activities because it enables space objects to gain autonomy. The increasing autonomy level of space objects does not come without legal implications. The lack of human control challenges existing liability frameworks. This paper reviews the provisions of the Outer Space Treaty and the Liability Convention as the main legal documents introducing the legal grounds for attributing liability in case of damages caused by autonomous space objects. Looking at the limitations of these legal frameworks in what concerns the attribution of liability, …


Consistency And Predictability In International Tribunals Decision On Maritime Delimitation Cases From 2009 To 2019, Faudzan Farhana Oct 2020

Consistency And Predictability In International Tribunals Decision On Maritime Delimitation Cases From 2009 To 2019, Faudzan Farhana

Indonesian Journal of International Law

The rules of maritime delimitation are of paramount importance in the law of the sea because coastal states will not be able to effectively exercise their legal uses of the sea without definite boundary. However, as customary law, Articles 15, 74 and 83 of UNCLOS did not provide much guidance in any particular delimitation case. Meanwhile, concluded bilateral agreements had not created enough practice of law to qualify as customary law. Thus, it is left to the international tribunals to form the delimitation rules. However, cases decided by the international tribunals show a lack of consistency in applying two main …


Undelimited Maritime Areas: Obligations Of States Under Article 74(3) And 83(3) Of Unclos, Salawati Mat Basir, Saidatul Nadia Abd Aziz Oct 2020

Undelimited Maritime Areas: Obligations Of States Under Article 74(3) And 83(3) Of Unclos, Salawati Mat Basir, Saidatul Nadia Abd Aziz

Indonesian Journal of International Law

The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) …


The Operation Of Unmanned Vessel In Light Of Article 94 Of The Law Of The Sea Convention: Seamanning Requirement, Jeremia Humolong Prasetya Oct 2020

The Operation Of Unmanned Vessel In Light Of Article 94 Of The Law Of The Sea Convention: Seamanning Requirement, Jeremia Humolong Prasetya

Indonesian Journal of International Law

Rapid technological changes in the shipping industry offer advantages and present serious challenges to maritime security and safety. This is how we should respond to the emerging development of unmanned vessels, all the more so because the existing international legal framework was not developed to accommodate their operation at sea. Similarly, the International Maritime Organization has taken this seriously by forming groups to assess such operations’ compatibility with existing maritime conventions. One of the biggest challenges that unmanned vessels pose to the international legal framework concerns the sea manning requirement. This requirement is explicitly stipulated in the Law of the …


The Necessity To Reform Indonesian Legal Framework On Provisional Arrangement To Combat Iuu Fishing, Yunus Husein, Muhammad Faiz Aziz Oct 2020

The Necessity To Reform Indonesian Legal Framework On Provisional Arrangement To Combat Iuu Fishing, Yunus Husein, Muhammad Faiz Aziz

Indonesian Journal of International Law

Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before …


Ocean Law In Times Of Health Emergency: Deep Seabed Mining Contributions And Its Fear Of Overexploitation, Laisa Branco De Almeida Oct 2020

Ocean Law In Times Of Health Emergency: Deep Seabed Mining Contributions And Its Fear Of Overexploitation, Laisa Branco De Almeida

Indonesian Journal of International Law

The deep seabed has one of the most enriched biodiverse places on Earth. Scientists have found some essential biomedical breakthroughs derived from hydrothermal vents involved in treating disease outbreaks among seabed minerals. Futuristic as it may sound, new pharmaceutical discoveries pressure the International Seabed Authority (ISA) into strengthening its global rules on mining exploitation beyond areas of national jurisdiction (ABNJ). This paper presents a general evaluation of the existing legal system of deep seabed mining. It highlights that, increasingly, pharmaceutical companies are shifting to ABNJ seabed areas for exploitation, pressuring the international order for a more coherent and effective mining …


Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan Oct 2020

Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan

Indonesian Journal of International Law

Illegal, Unregulated, and Unreported Fishing (IUU Fishing) has grown significantly in the last few decades. This practice certainly has and will undermine global fisheries resources even further. As a result, the international community needs to establish measures to prevent the IUUF through international agreements. Presently, the international communities have formed various organizations, both regional and international (regional fisheries management organizations or RFMO), which shows its attention to the need for sustainable fisheries resources management and to prevent any illegal IUU fishing activity. Therefore, every country is currently seeking the law enforcement model to secure its maritime jurisdictions from any IUUF …


A Critique Towards Australian Work And Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen?, Yetty Komalasari Dewi, Wenny Setiawati [email protected] Apr 2020

A Critique Towards Australian Work And Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen?, Yetty Komalasari Dewi, Wenny Setiawati [email protected]

Indonesian Journal of International Law

Work and Holiday Visa (WHV) is one of the product outcomes from the agreement that Australia engaged with state partners. Initially, this visa aims for cultural exchange and then shifted to supply the needs of Australian industry. In essence, this visa granted the holder one year to spend time in Australia consisting of six months for working and six months for travelling. However, in its application, there are mistreatments on the WHV holder, and there is no sufficient labour protection towards the worker. This paper examines the position of WHV holder in Australia, protection for the worker, and the view …


The Heterogeneous Of State And State Governance: Case Of Indonesian Irregular Migrants In The Netherlands, Yasmine Soraya Apr 2020

The Heterogeneous Of State And State Governance: Case Of Indonesian Irregular Migrants In The Netherlands, Yasmine Soraya

Indonesian Journal of International Law

The main issues of Indonesian migrant workers mostly lies on pre-departure phase, especially related to the issuance of travel document. They manipulate their data for passport application. From the bigger picture, this occurs because the high rate | of corruption within the immigration office. However, the immigration department is not solely responsible for this problem, but also with BNP2TKI (National Body for the Placement and Protection of Indonesian Overseas Wor- kers) and the Ministry of Manpower as they responsible for issuing regulations and procedures for migrant worker. Additionaly, the Department of Foreign affairs, which accommodates and oversees all Indonesian embassies …


Facility Security Measures At Ujung Jabung Port: A Review In Terms Of The International Ship And Port Facility Security Code, Mochammad Farisi, Akbar Kurnia Putra, Budi Ardianto, Rahayu Repindowaty Harahap Apr 2020

Facility Security Measures At Ujung Jabung Port: A Review In Terms Of The International Ship And Port Facility Security Code, Mochammad Farisi, Akbar Kurnia Putra, Budi Ardianto, Rahayu Repindowaty Harahap

Indonesian Journal of International Law

Ujung Jabung is a region located in the District of Sadu at Tanjung Jabung Regency, Jambi Province, Indonesia. The area strategically lies in the Indonesian Archipelagic Sea Lane 1 (ALKI 1), which is the international trading and shipping lane. It brings about an excellent opportunity for economic development in Jambi Province. With this in mind, the Government of Jambi develops the region into a strategic area that includes Ujung Jabung Port. Based on the 2011-2031 Region’s Spatial Plan (RTRW) of East Tanjung Jabung Regency, the regency designed it to be the main port with the name of Samudera Ujung Jabung …


Legal Protection For Illegal Migrant Domestic Workers Under The Asean Regulations And Its Implication For Indonesia, Arini Azka Muthia Apr 2020

Legal Protection For Illegal Migrant Domestic Workers Under The Asean Regulations And Its Implication For Indonesia, Arini Azka Muthia

Indonesian Journal of International Law

Domestic work is an essential source of livelihood for women and men in Southeast Asia and requires legal protection, including for illegal migrant domestic worker. The ASEAN Consensus on Protection and Promotion of the Rights of Migrant Worker 2017 regulates the protection of migrant workers, including illegal migrant workers in the domestic sector. This research discusses the implications of the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Worker 2017 for the ASEAN member countries, particularly Indonesia. This research applies a juridical-normative approach focusing on the legal materials related to the protection of domestic workers. This …


A Multilateral Regime For Space Resource Exploration And Utilization, Zhao Yun Apr 2020

A Multilateral Regime For Space Resource Exploration And Utilization, Zhao Yun

Indonesian Journal of International Law

The launched of Sputnik marked the beginning of space race. Since then state always tries to develop its technology to conquer outer space, including its natural resources. Outer Space Treaty and Moon Agreement affirm that outer space as the common heritage of mankind. Therefore, any states can not claim sovereignty over the territory nor natural resources. Yet, in 2015 the United States passed the Space Resource Exploration and Utilization Act which authorize its private entities to exploit and entitles them with series of rights, including the right of ownership over space resource. Thus, this paper examines the concept of the …


The International Committee Of The Red Cross: An Evaluation, Halil Rahman Basaran Apr 2020

The International Committee Of The Red Cross: An Evaluation, Halil Rahman Basaran

Indonesian Journal of International Law

The International Committee of the Red Cross (ICRC) is explicitly mentioned in the 1949 Geneva Conventions and the 1977 Additional Protocols thereto. These explicit references to the ICRC entail respect for and recognition of the ICRC as the oldest humanitarian institution. However, this explicitness does not imply, suggest or confirm legal superiority of the ICRC over other humanitarian institutions, nor does it make the ICRC the exclusive humanitarian organization. Humanitarian assistance can be legally and legitimately undertaken by other humanitarian organizations as well. The practical influence of the ICRC is greater than that of any other NGO. Arguably, the survival …


Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena Oct 2017

Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena

Indonesian Journal of International Law

The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian …


The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan Oct 2017

The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan

Indonesian Journal of International Law

Until now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who …


Reclamation In The View Of The Protection Of Marine Environment Under The Environmental Law And The Law Concerning The Management Of Coastal Areas And Small Islands, Sukanda Husin Apr 2017

Reclamation In The View Of The Protection Of Marine Environment Under The Environmental Law And The Law Concerning The Management Of Coastal Areas And Small Islands, Sukanda Husin

Indonesian Journal of International Law

People view reclamation, both could bring positive and negative impacts to the environment and the human. Based on the pro and con statements, it is obvious that the role of laws and regulation is inevitable solving this matter and therefore the role of government is urgently needed to mediate the pro and con views on reclamation. In terms of legislation, the Government has passed several laws and regulations to regulate reclamation. This paper is intended to explore legal scheme to create a sustainable reclamation. The paper is also designed to describe the ways to create an environmentally sound or sustainable …


Principle Of Justice In Management Of Marine Resources In Area Characterized By Islands, Arman Anwar, Muhammad Irham Apr 2017

Principle Of Justice In Management Of Marine Resources In Area Characterized By Islands, Arman Anwar, Muhammad Irham

Indonesian Journal of International Law

Indonesia has eight provinces that are characterized as island regions, but in the setting of marine resource management authority is equated with the continental characterized provinces. Normative provisions apply but people in areas characterized by islands have been treated unfairly. In addition, the licensing system and the distribution of funds allocated as well as unfavorable framework in the implementation of regional autonomy. National government policies are deemed too oriented to the land where it is not appropriate to the needs of the regions. As a result, they are demanding to be no laws governing special about Islands Province. Government responded …


Urgent Need For National Maritime Security Arrangement In Indonesia: Towards Global Maritime Fulcrum, Dhiana Puspitawati Apr 2017

Urgent Need For National Maritime Security Arrangement In Indonesia: Towards Global Maritime Fulcrum, Dhiana Puspitawati

Indonesian Journal of International Law

Under President Joko Widodo’s administration, Indonesia’s archipelagic outlook has been re-asserted as the basis of Indonesia’s foreign policy, by introducing the concept of Global Maritime Fulcrum (GMF). GMF is aimed put Indonesia as a single maritime power with considerable diplomatic influence in becoming a central role in two vast maritime regions. The implementation requires the maintenance of three key areas national sovereignty, maritime security and regional stability. While the scope of maritime threats has been broaden, the establishment of maritime security should encompasses at least three key areas, namely settling unresolved maritime border with neighboring countries; combating illegal, unreported and …


The Conservation Of Marine Ecosystem From Trawl Usage By The Local Government Based On Sustainable Marine Preservation Principle, Waluyo Waluyo, Djoko W. Winarno, Ayub T. S. Kusumo, Rosita Candrakirana Apr 2017

The Conservation Of Marine Ecosystem From Trawl Usage By The Local Government Based On Sustainable Marine Preservation Principle, Waluyo Waluyo, Djoko W. Winarno, Ayub T. S. Kusumo, Rosita Candrakirana

Indonesian Journal of International Law

Fisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen round that it will yield much more. However, the practice also threatens the life of small and young fishes as well as destroys the coral reef. The government then issued the regulation namely the Regulation of Minister on Marine Affairs and Fishery Number 2/Permen-KP/2015 about the Prohibition of Trawl and Seine Nets Usage which apply to the whole area of fisheries in Indonesia. It was one of the efforts by the Government of the Republic of Indonesia in conserving its marine ecosystem. The aim of this …


Legal Status Of Foreign-Flag Vessels When Their Fish-Transportation Vessel Licenses Have Been Revoked By The Ministry Of Marine Affairs And Fisheries, Velentina Napitupulu Apr 2017

Legal Status Of Foreign-Flag Vessels When Their Fish-Transportation Vessel Licenses Have Been Revoked By The Ministry Of Marine Affairs And Fisheries, Velentina Napitupulu

Indonesian Journal of International Law

In combating Illegal, unregulated and unreported fishing, the Minister of Maritime Affairs and Fisheries has several times issued the ministerial decisions to revoke SIKPI (Surat Izin Kapal Pengangkut Ikan)/fish-transportation vessel license. In practice, some Indonesian fishery companies charter foreign-flag vessels to be used as fish-transportation vessel. In such cases, how is the legal status of the foreign-flag vessels when their SIKPI licenses have been revoked by the Ministry of Marine Affairs and Fisheries? In many cases, after revoking the SIKPI, the Minister of Marine Affairs and Fisheries “arrests” the vessels. Could the Indonesian Government "arrest" the vessels? What are the …


Indonesian Private International Law:The Development After More Than A Century, Tiurma M. P. Allagan Apr 2017

Indonesian Private International Law:The Development After More Than A Century, Tiurma M. P. Allagan

Indonesian Journal of International Law

Indonesian Private International Law (PIL) until now is based on Algemene Bepalingen van Wetgeving (AB) described in the State Gazette No.23 of 1847. The latest development of Indonesian PIL was the issuance of Academic Bill of PIL in 2014. Between the time span of more than 150 years, what is the development of Indonesian PIL? Whether the principles of PIL as stipulated in Article 16 AB (Principle of Nationality), 17 AB (Lex Re Sitae) and 18 AB (Locus Rigit Actum) remains in the Bill of Indonesian PIL? Is there any alteration? Is there any PIL regulation in any other Indonesian …


The Impacts Of Foreign Direct Investment To The Environment In Developing Countries: Indonesian Perspective, Sri Wartini Jan 2016

The Impacts Of Foreign Direct Investment To The Environment In Developing Countries: Indonesian Perspective, Sri Wartini

Indonesian Journal of International Law

Foreign Direct Investment (FDI) may cause positive and negative impacts in developing countries, such as in Indonesia. The positive impact of FDI may enhance economic growth in developing countries, on the other hand, negative impacts of FDI may cause environmental pollution and environmental degradation. FDI in Indonesia has already increased economic growth, however, the environmental degradation and environmental pollution cannot be avoided. In certain extent, in order to gain a great profit, FDI can be used by the foreign investor to violate human rights and the environment in the host states. Unfortunately, the government in developing countries often sacrifice the …


The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In Jul 2014

The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In

Indonesian Journal of International Law

This paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia (“tobacco measures”). Following the adoption of the Framework Convention on Tobacco Control (“FCTC”) in May 2003 (enforce by February 2005), member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the …


Analysis Towards The Urgency Of Establishing Indonesian Marine Law To Anticipate Transnational Organized Crime, Isplancius Ismail Oct 2013

Analysis Towards The Urgency Of Establishing Indonesian Marine Law To Anticipate Transnational Organized Crime, Isplancius Ismail

Indonesian Journal of International Law

Indonesia is an island State that geographically consists of 70 percent of marine areas and 30 percent of the land. But there is no Indonesian marine policy, nor has any law governing marine comprehensively since ratified UNCLOS in 1982 by Law No. 17 of 1985. While the mindset of people still tend to the land. The enforcement of sovereignty and rule of law in Indonesian waters under the United Nations Convention on the Law of the Sea (UNCLOS 1982) and the regulations of Indonesia against the violations of law known as Transnational Organized Crimes has not yet been done optimally. …


Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati Apr 2013

Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati

Indonesian Journal of International Law

Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …


Once More Unto The Breach: Some Thoughts On The Future Of The Eez, Guy Des Rosiers Oct 2011

Once More Unto The Breach: Some Thoughts On The Future Of The Eez, Guy Des Rosiers

Indonesian Journal of International Law

By public international law standards, the Exclusive Economic Zone (EEZ) maintains a relative newcomer, the product of State practice following the end of the Second World War and multilateral negotiations culminating with the entry into force, in November 1994, of the 1982 United Nations Convention of the Law of the Sea, In defining the EEZ, the Convention has created a sui generis legal regime over vast areas that were previously part of the high seas. Neither Grotian nor Seldenian in spirit, the EEZ regime forgoes the absolute language of territory and sovereignty in favor of discrete sets of rights and …