International Law Commons^™

The Urgency In Legal Protection Of The Internment In Non-International Armed Conflict Between The Ethiopian Government And The Tigray People’S Liberation Front, Ika Ningtyas, Maheswari Trinanda Putri, Yasniar Rachmawati, Fransiska A. Susanto, Patricia Audrey Ruslijanto

Indonesian Journal of International Law

The issue of a legal vacuum in international humanitarian law related to administrative internment in non-international armed conflicts has been a concern addressed in Article 3 of the Geneva Convention and Articles 5-6 of Additional Protocol II. Due to this deficiency, many countries establish their domestic laws. One such example is the non-international armed conflict between the Ethiopian government and a non-state armed group, the Tigray People’s Liberation Front. The issue in this case began with the government's emergency statement for a six-month period, granting broad authority to arrest individuals based on “impossible judgment” and cooperation with a “terrorist group” …

Artificial Intelligence, Cyberspace And International Law, Tripti Bhushan

Indonesian Journal of International Law

Artificial Intelligence (AI) has become a significant technology that has transformed different sectors, including cyberspace. As AI continues to advance, it poses complex challenges to the existing international legal frameworks that govern cyberspace. This research paper examines the relationship between AI, cyberspace, and international law. It explores the impact of AI on the development of cyberspace and its potential consequences for international law. It also examines the existing international legal frameworks that regulate cyberspace and the challenges posed by the development of AI. This paper investigates the legal implications of AI and cyberspace on international law, specifically in the context …

International Tribunals Approach Toward Maritime Boundaries Delimitation Of An Archipelagic State, Gulardi Nurbintoro

Indonesian Journal of International Law

One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime …

Conceptions Of Legitimacy Under International Human Rights Law And Islamic Rights Law, Raas Nabeel

Indonesian Journal of International Law

Islamic law, or the shariah, is a rich body of legal rules and obligations that aims to protect individuals from wrongs committed to each other and wrongs committed to God. However, Islamic law is often considered to be at odds with international human rights law, particularly in certain domains such as gender rights, the freedom of expression, the freedom of religion, and the right to dignity. Muslim-majority States have criticized the Universal Declaration of Human Rights, the International Bill of Rights, as well as other international human rights conventions for the seeming incompatibility of their obligations with the rules, practices, …

Crisis And General International Law: Lessons From The Russia-Ukraine Conflict, Atul Alexander

Indonesian Journal of International Law

The ongoing Russian aggression in eastern Ukraine has instilled fear in humanity, with concerns of a possible third world war. Furthermore, international law has been criticized for its lackadaisical role in halting the Russian aggression. The United Nations Security Council (UNSC) has not been able to pass a resounding resolution condemning the attacks. Although the United Nations General Assembly (UNGA) overwhelmingly adopted a resolution demanding that Russia immediately cease military operations in Ukraine, the resolution is not binding, despite being persuasive. This brief article highlights the structural crisis in general international law to effectively combat the tragedy unfolding in Ukraine. …

Discourse Enterprise In Natural Resource Management For The Common Heritage Of Mankind, Ahmad Syofyan, Rudi Natamiharja, Melly Aida, Desy Churul Aini, Daryanti Daryanti, Rasti Putri Januarti

Indonesian Journal of International Law

Common Heritage of Mankind (CHM) is a principle in which all entities can manage the natural resources that exist in the world and must share the benefits of their exploitation with other entities for the common good. However, the principle of CHM has not been structurally and legally regulated in space. The enthusiasm about ‘infinite natural wealth’ that space and seabed mining can produce, particularly in developing countries, means that they can benefit from the activities carried out in order for their regional and mineral resources to be declared as the heritage of mankind. The hypothesis obtained from this research …

Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin

Indonesian Journal of International Law

Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different …

Tanjungpura Port As An International Hub Port To Improve Economic Competitiveness: An Overview From International Law, Garuda Wiko, Fatma Muthia Kinanti, Muhammad Syafei, Muhammad Rafi Darajati, Adityo Darmawan Sudagung

Indonesian Journal of International Law

The Indonesian Government is currently in the process of developing several new ports in its territory as a means of supporting infrastructure development and maritime connectivity. One of them is the Development of the Kijing Terminal Port in the Province of West Kalimantan. It is important to study international and national legal regulations related to ports and how they affect the development of Tanjungpura Port, Kijing Terminal, which will be directed to become one of the international hub ports in Indonesia. The research methodology employed in this study is normative, with in-concreto legal study approach. It is found …

Relevance Of The Remedial Secession Theory For Indonesia's Territorial Integrity, Heribertus Jaka Triyana

Indonesian Journal of International Law

This article aims to analyse the remedial secession theory in international law relevant to the current international armed conflict between Russia and Ukraine waged by Russia’s recognition of Donbask and Luhansk independence. It might have legal as well as political impacts on the territorial integrity of a sovereign State such as Indonesia where human rights violations in Papua have become problematic. The analysis in this paper is mainly construed using the paradigm of customary international law as the primary source of international law to find out the relevance of the remedial secession theory in terms of its area, scope, and …

Judicialization In And Around The South China Sea, Yoshinori Kodama

Indonesian Journal of International Law

This article examines why international legal dispute settlement procedures are traditionally less frequently resorted to in Southeast Asia, compared to other regions. It also analyzes why and how, since the beginning of this century, international legal cases, both judicial and arbitral, have been consistently used for settling maritime disputes in and around the South China Sea. Then, it presents prescriptive suggestions for further use of judicial and arbitral procedures. The method of analysis is based upon the examination and scrutiny of factual materials, including relevant international cases regarding the region, as well as interviews engaged by the author with officials …

Policy Formulation For Managing Ship-Generated Plastic Waste Via Improved Port Reception Facility Governance, Rika Kurniaty, Setyo Widagdo, Yasniar Rachmawati Madjid, Rafly Reyhan Al Kharji, Arsella Imanda Putri

Indonesian Journal of International Law

Plastic is a significant portion of marine debris, ranging from 60% to 80%. Historically, ships have been a major contributor to plastic pollution in the ocean, followed by Indonesia, which is acknowledged as the second-largest originator. Global efforts to combat marine pollution, including plastic waste, have been undertaken through international agreements like MARPOL Annex V. This agreement has mandated countries to establish suitable port facilities for ship-generated wastes. However, an assessment of Indonesian ports indicated insufficient compliance with environmental management standards, particularly in waste handling. The current direct fee policy for waste disposal may disincentivize proper waste disposal by ship …

Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos

Indonesian Journal of International Law

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1^st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …

Dumping Practices And Competition As Double-Edged Sword: Indonesia Practices, Sukarmi Sukarmi, Fransiska Ayulistya Susanto

Indonesian Journal of International Law

Dumping practices are typically related to business competition, namely predatory pricing. The issue under consideration is how the practice of dumping is viewed through the perspectives of business competition law and international trade law, as well as how the Indonesian Commission for the Supervision of Business Competition (KPPU) handles this issue. This article examines and analyzes the relationship between dumping behavior and business competition, as well as the authority with which institutions will handle predatory pricing caused by dumping behavior. The results of the analysis show that dumping is a violation of international trade law under the World Trade …

Natuna Waters: Explaining A Flashpoint Between Indonesia And China, Damos Dumoli Agusman

Indonesian Journal of International Law

Abstract

The Natuna waters have recently been a flashpoint between China and Indonesia as a result of China's vague claim of a nine dash line (9DL). It has caused a number of incidents and standoffs between legal enforcement agencies of both countries and sparked a diplomatic row.

This article explores how the ambiguous claim of a historic right/9DL was gradually introduced by China and then coercively applied in the Natuna waters. It also attempts to identify what China actually claims in the waters. It will then examine how Indonesia under the Jokowi administration responds to the claims, and elaborate what …

Indonesian Compliance With Tripartite Agreement In Controlling Marine Environmental Pollution In The Malacca Strait, Vita Cita Emia Tarigan, Akmal Handi Ansari Nasution, Mohammad Ekaputra, Rizki Nanda Saputri

Indonesian Journal of International Law

Indonesia bears interest in the Malacca strait as one of its stakeholders in its effort on maritime navigational safety and environment in navigational safety and environment. Its efforts are fundamental in controlling, preventing, and recovering pollution from vessels. Referring to the United Nations Convention on Law of the Sea (UNCLOS) 1982, Indonesian contribution to controlling marine life pollution is vital. Therefore, Indonesia signed a tripartite agreement with Malaysia and Singapore (Agreement on Safety of Navigation in the Straits of Malacca and Singapore 1977). The Tripartite Agreement needs to be used as a reference in making regulations in Indonesia and implemented …

Victim Protection And The Dynamic Situation Of Human Trafficking: Indonesia Experience, Nathalina Naibaho

Indonesian Journal of International Law

Human trafficking is a global issue. It can arise in the context of national and/or transnational acts and are regulated by national and transnational criminal law mechanisms. However, in trafficking in person cases there are links between human trafficking and other related crimes such as drugs trafficking. Meanwhile, Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, subject to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the conviction of human trafficked victims who are used as drug dealers in organized …

Impact Of The Enforcement Of Asean Economic Community On Policy And Strategy Of Sea Transportation Development In Indonesia, Aflah Aflah, Hasim Purba, Suhaidi Suhaidi, Mahmul Siregar

Indonesian Journal of International Law

This study aimed to determine the impact of the ASEAN Economic Community (AEC) on the national shipping industry highly imbalanced with relevant business policies. The AEC agreement is also expected to positively affect the shipping industry while controlling domestic and competing in international activities. In this study, a normative method was used, with the collection of data carried out through literature studies. The Maritime Vision of Indonesia, which is the Policy Direction and Strategy for The Development of Marine Transportation, was also implemented to motivate the country toward becoming the World Maritime Axis. This emphasized becoming a developed, sovereign, independent, …

The Investor – State Contract Making Case For Renegotiation Of The Original Contract, Animesh Anand Bordoloi

Indonesian Journal of International Law

Most Investor-State projects involve significant capital investment, while recognizing the existence of acute risk factors. After making such investments, investors expect fiscal, regulatory, and political conditions to remain stable or favorable throughout the project's duration. However, due to the long-term nature of agreements, there have historically been significant disputes over differences in expectations versus reality. States may rapidly evolve their economies and interests, sometimes pushing for new deals seen as fairer to investors with changing circumstances. Stabilization clauses have traditionally been used by investors to protect their interests, but over time, such measures have weakened as they are perceived as …

Recognition And Enforcement Of Foreign Court Judgments In Civil And Commercial Matters: An Indonesian Private International Law Perspective, Dinda Rizqiyatul Himmah, Justin Gabriel Wibisono

Indonesian Journal of International Law

One of the primary emphases of private international law is the recognition and enforcement of foreign judgments. It is believed as one of the private international law pillars which can attain the fulfillment of rights and obligations. For instance, in the realm of cross-border commercial transactions which enable contractual parties to settle their dispute before the foreign courts or other international dispute settlement bodies as they have agreed. Pertaining to the situation involving foreign courts, the recognition and enforcement of the delivered foreign judgments have been frequently challenging. As there are numerous discussions towards the recognition and enforcement of foreign …

The Analysis Of Transitional Justice Initiatives And The Flaw Of Prosecution On The Past Human Rights Violation In Indonesia (Tanjung Priok Case), Junaedi Saibih, Elwi Danil, Kurnia Warman, Nani Mulyati

Indonesian Journal of International Law

The political transition from the New Order era to Reform Era has initiated questions to the transitional government about transitional justice initiatives. This chapter discusses the theoretical perspectives on transitional justice that have been developed by many scholars in their publications. Besides the theoretical perspectives about transitional justice, this chapter also discusses transitional justice elements, the forms, and the institution of justice in transitional regimes. The discussion in this chapter is important as a measurement of the transitional government initiatives to reach political stability and reconciling with the past. The explanation about the forms and the element of justice then …

Behind The Scenes Of Controversial International Commercial Arbitration: Case Study Of Heirs To The Sultanate Of Sulu V. Malaysia, Tze Chin Ong, James Ding Tse Wen

Indonesian Journal of International Law

Recently, an ad hoc arbitration final award of US$14.92 billion (approximately RM62.59 billion) in favour of the heirs of the 19^th-century sultanate, the late Sultan of Sulu, Sultan Jamalul Kiram II against Malaysia (the “Award”) that was handed down by a sole arbitrator had created much discussion in the international public and private law arena. Following the issuance of the n Award, Malaysia challenged the Award in the Paris Court of Appeal and successfully stayed the Award’s enforcement in France on July 12. During the same time, on July 11, two Luxembourg-registered subsidiaries of the Malaysian …

Competent Forum And Applicable Law In Personal Data Protection With A Foreign Element, Muhammad Faqih Adhiwisaksana, Tiurma Mangihut Pitta Allagan

Indonesian Journal of International Law

This research analyses on personal data protection with a foreign element as a private international law issue, focusing on competent forum and applicable law. The author uses a juridical-normative research method with literature studies to explain the relevant private international law principles, as well as Indonesian laws and regulations surrounding competent forum and applicable law regarding competent forum and applicable law on personal data protection with a foreign element. The study found that various private international law principles may be used to determine the applicable law in personal data protection with a foreign element dispute, such as nationality, place where …

The Protection And Preservation Of Underwater Cultural Heritage: The Practice Of Indonesia, Dhiana Puspitawati, Rangga Vandy Wardana

Indonesian Journal of International Law

The United Nations Convention on the Law of the Sea (UNCLOS) recognizes the protection and preservation of underwater cultural heritage found at sea by emphasizing preferential rights of the State of country of origin, the State of cultural origin, or the State of historical and archaeological origin. To preserve the rights of such States, the UNCLOS implicitly allows the removal of underwater cultural heritage upon prior approval from coastal States based on the State’s cooperation. On the other hand, the Convention for the Protection of the Underwater Cultural Heritage 2001 (2001 UCH Convention) strictly prohibits any exploitation and commercialization of …

Sovereign Immunity In Commercial Transaction Under International Law, Dewi Susanti Siagian

Indonesian Journal of International Law

Under international law, a state is immune from execution or judgement before any foreign jurisdiction. However, parallel with the urge to international transaction including between a state and a corporate, the international community demand a “protection” to the right of a corporate against a foreign government. Thus, international law is introducing a new doctrine of state immunity. Under the restrictive immunity, a state waives its right to immunity so long it become a party in a commercial transaction. On the other hand, the older doctrine which is absolute immunity, is giving the full protection to the state to any claim …

Addressing The Principle And Challenges Of Enforcement And Prosecution Under Universal Jurisdiction: Charting New Pathways For International Justice, Uche Nnawulezi, Hilary Nwaechefu, Salim Bashir Magashi

Indonesian Journal of International Law

Remarkably, the principle of universal jurisdiction is increasingly gaining traction in the international justice system as a key aspect of the prosecution of crime globally. Driven primarily by efforts to combat crime, this paper examined the relevance of universal jurisdiction in order to determine its adequacy as a system of international justice. Contextually, the principle of universal jurisdiction emerged as a supplemental component of the international justice system. This paper adopts the doctrinal approach by identifying and analyzing the relevant provisions and challenges of universal jurisdiction. It argues that if regular enforcement is a goal of the emerging international justice …

An Anticolonial Dream Against The Disaffection And Dissonance: Teaching The (Other) International Law In India, Swati S. Parmar

Indonesian Journal of International Law

The States, self-defined as the civilised, clothed in the ‘refined’ urbane bourgeois created a modern cosmopolitan order at a civilizational scale. The remaining world was driven into a cultural subjection and classified by the ‘civilised’ into these fixated identities while their indigeneity and socio-cultural identity were marginalised. Projected itself as the cradle of intellect, Europe consciously crafted imperialism as a cultural reference for the rest of the world. The colonial encounters left imperial imprints on the peoples of these colonies, the consequences of which remain evident in the styles and pedagogies of teaching international law in the geographical South. Historical …

“Publish Or Perish”: The Indian Legal Academicians’ Dilemma Of Prioritizing Research Vs Teaching, Shruti Das, Deepshikha Sharma

Indonesian Journal of International Law

Research and Publication has been one of the key indicators of success for an academician. The term “publish or perish” came up with the connotation to understand the pressure academicians goes through for publication of research papers. In recent years, from Indian academic industry perspective, research has been one of the core criteria for promotion and evaluations. University Grants Commission (UGC), the regulatory body for Higher Education in India has made it mandatory to have a doctorate and some research publications to be eligible as an Associate Professor, though the proposed change in the regulation demands doctorate degree as a …

Researching And Teaching Asian And Hong Kong Private International Law, Wilson Lui

Indonesian Journal of International Law

This article considers how private international law in Asia and Hong Kong is developing and should be developed, through both theoretical and practical aspects as evidenced in both research and teaching. It considers what is entailed when speaking of the concept of an “Asian private international law”, looking at it from the lens of researching and teaching Asian law with Asia “as a method” – calling for Asian law to be recognised as an equal to its Western counterpart and to be developed through a comparative analysis among Asian jurisdictions themselves and the pluralistic traditions they employ. It also discusses …

Cedaw Convention And Engendering Faculty Of Law's Curriculum Reinforcement: A Lesson Learnt From Indonesia, Iva Kasuma, Sulistyowati Irianto

Indonesian Journal of International Law

This research aims to describe the strategies used to eliminate discrimination against women through academic-based programs conducted in universities. This includes the International Law, a powerful reference for teaching material in legal education used to promote humanity. Presently, globalization of law is marked in the International Law-making process by delegates from various countries, which spreads to State parties through ratification with a significant impact on legal reform. A number of senior female professors have initiated the socialization and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention). This was conducted through the ratification …

Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto

Indonesian Journal of International Law

The Indonesian Fisheries Law has determined criminal threats for perpetrators of illegal fishing in the ZEEI. In practice, there are differences in the application of imprisonment instead of fines for Indonesian citizens and foreign nationals who do illegal fishing. Such differences create injustice for Indonesian citizens. The results of the study indicate that criminal law policies in the field of fisheries need to be based on justice, in the sense of equality before the law. Foreign nationals who catch illegal fishing in the ZEEI are subject to imprisonment instead of a fine, while foreign nationals are not. Therefore, the Fisheries …