International Law Commons^™

Simulated Problem-Based Learning: Teaching International Law In Exciting Way, Nik Nor Suhaida Ali

Indonesian Journal of International Law

This research aimed to discuss the methods for teaching International Law to non-law students. The subject was offered to second and third-year students of the International Affairs Management program at the School of International Studies, Universiti Utara Malaysia. Since the subject required higher-order thinking skills, it was introduced with Simulated Problem-Based Learning (SPBL), which combines role-playing simulation and problem-based learning (PBL). In western universities, simulations, PBL, and role-playing were popular methods in teaching International Law and International Relations. The methods were shown to improve learning skills but were rarely used in teaching International Law in International Relations programs in Malaysia. …

The Pedagogical Reformulation Of International Human Rights Law Education In Asia: Where Tradition Meets Innovation, Si Chen

Indonesian Journal of International Law

This article explores the feasibility, challenges, and directions for pedagogical reformulation to make international human rights law compelling for Asian law students. Pedagogies are crucial for improving students’ learning effectiveness, achieving the goal of legal education, and supporting students in their career plans. The article underlines that traditional lecture-based pedagogy is insufficient to prepare law students for human rights-related international professional careers. This article argues that pedagogies in international human rights law education need to be reformulated for a better future for legal education in Asia. It builds on three sets of sources concerning teaching, researching, and practicing international law …

Teaching International Human Rights Law In Vietnam: How To Make This Subject Attractive To University Students, Nguyen Thi Ha

Indonesian Journal of International Law

Human Rights is one of the achievements of the historical development of mankind, characteristic of civilized society, and also one of the basic and important legal values of humanity.

In the context of international integration of education in general and higher education in particular, the teaching of human rights, first of all, international human rights law is important for undergraduate students, especially in helping them to identify and understand the responsibility to make human rights become a reality in society. Human rights teaching aims to help learners orient and understand noble human values, common voices, common goals, and common means …

The Influence Of Incorporating Modern Technologies Into The Legal Curriculum As Effective Teaching Approach In Higher Education, Tripti Bhushan

Indonesian Journal of International Law

Higher education has seen a tremendous increase in the use of technology in teaching and learning. In this context, technology would play an important part in the law school curriculum inside and outside the classroom. This would allow students to explore various aspects of the legal world beyond the classroom, and the integration provides law schools with a potent weapon. Therefore, this research focused on using technology in teaching and learning, which would significantly aid in addressing law students’ learning requirements. By examining successful technology, it uncovered the gaps between the usage and understanding of International Law. The curriculum offered …

Teaching Public International Law In Central Asia: Major Challenges, Problematic Issues, Coping Strategies And Useful Methods, Rustam Bakhtiyarovich Atadjanov

Indonesian Journal of International Law

Many of the challenges pertaining to the unique nature of international law that affect its efficient teaching by teachers of public international law to law university and law faculty students are very relevant to the still developing educational systems of the five Central Asian states. The article reviews, with the use of legal analytical and comparative method, those challenges including the ones that flow out of local contextual factors. Furthermore, the existing lack of private universities and availability of resources including library resources in the Central Asian region will be touched upon. The article dwells on local schools and doctrines …

Can Big Data Achieve Environmental Justice?, Dina Sunyowati, Masitoh Indriani, Annisa Firdhausy, Mochamad Kevin Romadhona

Indonesian Journal of International Law

Big data and analytical tools are being used by agricultural startup companies to develop their application performance. Generally, big data is a term that describes a large volume of structured and unstructured data. A few goals of its utilization include promoting environmental justice, improving energy efficiency, as well as tracking climate change by introducing ‘smart farms’. However, the utilization is accompanied by some flaws, such as legal regulatory issues involving the gap between applied technology and global government policies. There is also increased development of agricultural applications in Indonesia, which led to the initiation of a digitization program for plantation …

Where Kindness Is Calculated: Refugee Regimes In South Asia, Shuvro Prosun Sarker, Shreyasi Bhattacharya

Indonesian Journal of International Law

South Asia, as part of SAARC treaty, comprising of nations such as Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka is not a part of any common system of governance in protecting refugee. These nations have developed their own preference of protection through their practices coupled with mysterious unwillingness to accept international obligations and responsibilities while choosing certain refugee groups to welcome and certain to refuse. Based on this, the article starts with the proposition that this kind of a preferential protection practice that these States have adopted largely, refers to a regime of calculated kindness that …

Traditional Knowledge And Twail, Gunjan Deshpande

Indonesian Journal of International Law

Traditional Knowledge (TK) is a deep-rooted notion in the Indian culture, it is the knowledge that has been passed on for centuries and is governed by the traditional customary laws. It applies to everything from food storage, agriculture to medicine to the preservation of the environment. TK are protected by national or regional laws that provide limited protection. There have been various instances where Indian TK was patented outside India some of the examples are Turmeric, Amla, and Neem. TK is the base of modern science and technology, as it is derived from a strong cultural heritage that is vital …

Is The United Nations A Locus Of International Order Imperiality Maintenance? Reflections From The South West Africa Case And Chagos Archipelago Advisory Opinion, Tatiana Cardoso Squeff, Augusto Carrijo, Murilo Borges

Indonesian Journal of International Law

The international legal order, seen through third world lenses, is not only embedded with Europe’s colonial past, but also a regime that assimilates the non-European being, its relations and knowledge. Consequently, the possibility of changing such framework is almost an impossible task, being it constantly rejected by hegemonic powers, that is, by a limited number of nations that have been placed in the center of the world order in the turn of modernity and that have not left. Some may argue, yet, that the United Nations presented the international legal order with a different path, breaking with such an imperial …

Feminism And The Birth Of Sexual Crime As International Crime And The Challenge Of Its Implementation In The Future, Zunnuraeni Zunnuraeni, Rehulina Tarigan, Erlies Septiana Nurbani, Aisyah Wardatul Jannah

Indonesian Journal of International Law

The existence of international sexual crimes in international court jurisprudence and the international law instruments have evolve as an extensive crime from the abundance crime of outrages upon personal dignity, yet still have to front some challenges to attain triumph in its enforcement. This article aims to observe the sexual crimes as international crime in some aspect, namely, its development and the contribution of feminism, the challenges on the law enforcement against international criminal law and the position of feminism in addressing those challenges. In every stage of sexual crimes evolution as international crimes, feminism hold important contribution. Their impact …

States Responsibility To Eradicate Violence Against Women Through The Due Diligence Framework In Human Rights: A Review Of Protection And Punishment In The Case Of Indonesia, Zenny R. Dewantary, Noraida Endut

Indonesian Journal of International Law

In 2016, Zarizana Abdul Aziz and Janine Moussa developed the ‘Due Diligence Framework of States Responsibility in the Elimination of Violence against Women (VAW)’, based on a study their team conducted worldwide beginning in 2011. The framework establishes five domains of due diligence in assessing states responsibility (the “5Ps”) in eliminating VAW: prevention; protection; prosecution; punishment of perpetrators, and provision of redress and reparation for victims/survivors. States are responsible to uphold human rights protection for all people, particularly in eliminating VAW without any discrimination. Indonesia constituted protection measures through laws pertaining to VAW but there are barriers in effectively protecting …

Necessity Of Establishing A Un Specialized Agency For Protection Of Gender Equality, Maziyar Shokrani, Nirmala Many

Indonesian Journal of International Law

A number of recent global issues such as COVID, rise of the Taliban in Afghanistan, inter-state and intra-state conflicts, and gender inequality in Iran show the unprecedented violence against women and other disadvantaged segments of the societies around the globe despite the restless efforts of existing organizations such as the UN Women to protect women’s right, and in broader sense promote gender equality. The lack of efficiency is partly due to its institutional capacities e.g. lacking independence, founding treaty, law-making/treaty making powers and, developed institutional structures and enforcement powers. This article investigates the shortcomings of the UN Women in fulfilling …

Indonesia’S Extraterritorial Obligation To Protect The Human Rights Of Individuals From Transboundary Haze Pollution, Yogi Bratajaya, Diajeng Wulan Christianti, Ahmad Gusman Catur Siswandi

Indonesian Journal of International Law

Ever since the late 1980s, forest fires located in Indonesia have resulted in haze pollution which engulfs the Southeast Asian region almost annually. This paper argues that Indonesia is extraterritorially obligated to ensure the human rights of individuals outside its territory as a result of its failure to prevent the haze pollution. It analyzes the extraterritorial application of Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR), arguing that an individual whose human rights have been adversely affected by transboundary environmental harm is deemed ‘subject to the jurisdiction’ of the originating state. Applying this interpretation, individuals located …

The Discourse Of Reservations To Cedaw On Women’S Rights In Malaysia, Brunei, And Indonesia, Ayu Nanda Saraswati Anak Agung

Indonesian Journal of International Law

Substantive religious-based reservations towards CEDAW have been made by a number of states. Unfortunately, this type of reservations can also have a negative effect on women’s rights. This paper intends to examine the reservation system in CEDAW, state practices and the legal consequences of reservations in general and the rights of women, particularly in South East Asia, namely Malaysia, Brunei and Indonesia. This normative research uses a statutory, conceptual and comparative legal approach. The results show that States tend to object religious-based reservations because this type of reservations is against the object and purpose of the treaty. Whereas under international …

State Immunity And Inter-State Negotiations On Korean Comfort Women, Dimitris Liakopoulos

Indonesian Journal of International Law

This study aims to analyze the situation of comfort women and the acquired jurisprudence, as well as a comparison regarding slavery and the protection of human rights at the international level. It also examines the protection of human rights, international responsibility, crimes committed with impunity, interstate agreements, state immunity, victim reparation, and international jurisprudence. A comparative method was used to analyze tribunal sentences at the International Court of Justice (ICJ) or the national level of Italian constitutional law. However, international responsibility is important because it helps to protect slavery and human rights. The argument of comfort women includes the right …

Ensuring The Right Of The Child In The Boko Haram Insurgency: The Province Of Unicef’S Complementary Mandate Under International Law, Olusola Babatunde Adegbite

Indonesian Journal of International Law

The need to manage conflict-related humanitarian conditions is the basis of intervention by international humanitarian organizations. Chief amongst these agencies is the United Nations International Children’s Emergency Fund (UNICEF), whose work is primarily about protecting children in armed conflicts. This agency has maintained a robust response to the humanitarian crisis in the Boko Haram insurgency, though its effort has not been without controversies. In 2018, it was suspended by the Nigerian Military on the allegation that it was working for the enemy side, an action which attracted widespread condemnation, as it was seen as an attempt by the government to …

The Dispute Settlement System Of Investment In The Asean Comprehensive Investment Agreement (Acia) Framework And The Implications For Indonesia, Delfiyanti Delfiyanti

Indonesian Journal of International Law

In order to implement the ASEAN single market on free flow of investment in the region, the delegations of ASEAN member states signed the ASEAN Comprehensive Investment Agreement (ACIA) on February 26th, 2009 in Cha-am, Thailand. Based on Article 1 (a) and Article 2 of the ACIA Agreement on the objectives of ACIA formation; the legal arrangements for foreign direct investment in this Agreement adhere to an investment regime—“a Free and Open Investment Regime” to achieve the ultimate purpose of economic integration in the ASEAN Economic Community. By implication of the Agreement, Indonesia should attempt to complement the investment legal …

The Peculiar Double-Consciousness Of Twail, Mohsen Al Attar

Indonesian Journal of International Law

Shunning the Eurocentrism that colours much mainstream scholarship, TWAIL has centred in international legal scholarship the views of peoples historically marginalised in the imperial-colonial process. In a single generation, its interventions have shifted perceptions of international law across the academy, forcing scholars to account for the partialities of our purportedly universal international legal regime. Yet, despite embracing iconoclasm and critique, TWAIL is also denoted by a formalist streak. Many of its scholars are committed to the regime, towing an orthodox line that appears counter-intuitive, even inconsistent. In this article, I use WEB Du Bois’ concept of double-consciousness to explain the …

Export Restrictions On Covid-19 Vaccines: What Developing Countries Can Do Under The Wto Law?, Ngurah Parikesit Widiatedja

Indonesian Journal of International Law

The COVID-19 pandemic has wreaked havoc on the global economy and trade, since production and consumption have been reduced around the world. The production and distribution of COVID-19 Vaccines caused unequal distribution as some developed countries have imposed export restrictions. As a result, wealthier countries are resuming normalcy, while the rest of the world continues to struggle to vaccinate its citizens. Article XI(2)(a) of The General Agreement on Tariffs and Trade exceptions allow members the legal ability to impose export restrictions if they meet specific criteria: they must be temporary, confined to foodstuffs and vital products, and enforced in the …

The Role Of Civil Society Organisations In Asset Recovery, Prosper Maguchu, Ahmad Ghozi

Indonesian Journal of International Law

In Zimbabwe, civil society organisations (CSOs) have played a significant role in documenting cases of corruption and mismanagement that have deprived Zimbabweans of their basic human rights. This work can facilitate asset recovery efforts, which is a high priority for the Government of Zimbabwe. The country continues to face enormous challenges despite the political changes that have occurred in recent years. This makes the contribution of civil society all the more important. In particular, CSOs can play a role in raising public awareness, research, advocacy, case management and monitoring returned assets. Hence, CSOs should not only be encouraged but also …

Communal Rights As The Hegemony In Third World Regime: An Indonesian Perspective, Yunita Maya Putri, Ria Wierma Putri, Hs Tisnanta

Indonesian Journal of International Law

The birth of international law was a direct result of the emergence of civilized and independent states in the sixteenth century in Europe, known as the Enlightenment. So the need for a series of rules to regulate legal relations between these countries. However, until now, Asian and African countries are still fighting for their independence until new problems arise. The polarization of the international community is divided into two, namely developed and developing countries. Where international law is dominated by developed countries with European and American values and does not accommodate the values of local wisdom from developing countries that …

Editorial: Tales Of Multiple Decolonisations, Prabhakar Singh

Indonesian Journal of International Law

The dialectics between descriptions and solutions should now animate TWAIL scholarship. A crucial aspect of TWAIL is to debate racism in south-south relations and law. TWAIL also needs to ask if former victims, having secured sovereignty during de-colonisation, are attempting to secure an empire.

Decolonizing The Environment: Third World Approaches To The Planetary Crisis, Kishan Khoday

Indonesian Journal of International Law

The colonial process transformed the landscape of the Earth with devastating consequence for communities and ecosystems. It also set the foundations of the planetary crisis that we see today. Using a TWAIL approach, this article argues for the relevance of colonial and post-colonial analysis in combatting today’s planetary crisis and advancing a more effective form of global environmental governance. Today’s global order of multilateral agreements is increasingly under criticism, ineffective in combating the planetary crisis and in halting the disproportionate impact of ecological change experienced across the global South. A TWAIL lens helps to understand the root causes of today’s …

Lack Of ‘Will’ Or ‘Options’: A Study On The International Court Of Justice’S Tryst With Racial Discrimination, Atul Alexander

Indonesian Journal of International Law

The practice of racial discrimination is detrimental to the international community’s interest. Therefore, efforts at the national and international levels to curb racial discrimination must be undertaken. The Convention on the Elimination of the Racial Discrimination (ICERD), 1969, is one such effort to curb the practice of racial discrimination. The mandate to interpret and settle disputes pertaining to racial discrimination is upon the Committee on the Elimination of Racial Discrimination (CERD). However, the CERD is endowed with functions with a limited mandate; therefore, since 2010, States have been increasingly taking recourse to inter-state dispute settlement mechanisms, i.e., the International Court …

Beyond The Northwest Forest Plan, Melda Kamil Ariadno

Indonesian Journal of International Law

The United States of America be the main actors in the wood industry. That condition has become a burden by the government of the United States of America because the increase the pressure from the expert in the environmental field, which more support do the reforestation rather than deforestation. The changing role from the main wood exporter to the main wood importer, caused the national market of the United States of America get a loss, like raise the price of wood product. The conflict between the United States of America with Canada related to wood product become a concern by …

The Indonesian Government Participation In International Investment Law And Its Reform, Tito Bramantyo Aji

Indonesian Journal of International Law

International investment between countries is aimed at improving economic development of the state parties and its integration to the world economy. To attract foreign investors, the Government of Indonesia provides investment guarantees through BITs and domestic investment laws. However, in its implementation, those guarantees brought several disputes between Indonesian government and its foreign investors. Moreover, the BIT also shows an imbalance in the position between Indonesia as the host country and its foreign investors which affects the host state’s sovereignty. Reforms must be carried out in this area of law to strike a balance between the protection of foreign investors …

Digital Services Tax Regulation And Wto Non-Discrimination Principle: Is The Deck Stacked?, Mutiara Elisabet, Yetty Komalasari Dewi

Indonesian Journal of International Law

A growing debate on the imposition of digital services tax emerged as one of the latest trade war battlegrounds. Indonesia and the European Union (EU) are among the countries that have taken unilateral actions to implement digital services tax. This paper examines (i) digital services tax regulation in Indonesia and the EU and (ii) whether the digital services tax regulation violates the non-discrimination principles of WTO according to the GATS. By comparing the statutory and practice of digital services tax in Indonesia and the EU, this work concludes that firstly, digital services tax in Indonesia is regulated by law, which …

The Role Of The Nype Inter-Club Agreement As A Modular Apportionment Mechanism For Cargo-Claims Across Multiple Jurisdictions, Tiurma Mangihut Pitta Allagan, M. Rizky Bayuputra

Indonesian Journal of International Law

The New York Produce Exchange Inter-Club Agreement (the 'ICA') is a staple maritime cargo claims provision incorporated into popular charter party forms, the NYPE46, ASBATIME, and NYPE15. It mechanically regulates cargo liability apportionment between charterers and shipowners mechanically for quick dispute resolution. This study aimed to examine the use and application of the ICA through a private international law lens to evaluate the ICA’s choice of law (being English law). ICA is an independent contract applicable to national legislation or any international convention, such as the Hague Rules, Hague-Visby Rules, and Hamburg Rules. It protects the commercial interests of shipowners …

Multinational Corporation’S Investments Made Through Its Subsidiary Under The Latest Generation Of Investment Treaties, Prita Amalia, M. Lazuardy Thariq Makmun

Indonesian Journal of International Law

Multinational Corporation (MNC) influence and contribution in the world’s economic development, particularly in the realm of international investment is vast and inevitable. The way MNC utilizes its subsidiaries however, has posed an issue for host States specifically in relation with the serial of ISDS claims which is faced by host States. Where the structure of MNC’s investment enables them to go ‘treaty-shopping’. It is understood that there is a causality between the broad definition of investment and investor contained in the older generation of BITs toward these series of claims. It is also more often than not, in the case …

The Protection Of Foreign Investments In Disputed Maritime Areas Of The South China Sea, Anh Nguyen

Indonesian Journal of International Law

This study used a legal framework developed by a recent scholarship to examine the protection of foreign investments in disputed maritime areas. The framework classifies these areas and establishes the jurisdictional challenges faced by investment tribunals in such constellations. For instance, there are high-profile foreign investments in the South China Sea (SCS) with significant threats of increasing escalation between SCS states. Therefore, this study aimed to examine investment protection in disputed waters of SCS using this framework. Since BITs of SCS states include maritime areas beyond the territorial sea in their territories, there is need to abide to international law. …