International Law Commons^™

Fixing The Business Of Food: Aligning Food Company Practices With The Sdgs, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab, Barilla Center For Food And Nutrition

Columbia Center on Sustainable Investment Staff Publications

The food sector confronts significant sustainable development challenges. It both contributes to, and suffers from, environmental degradation, especially human-induced climate change and deforestation. Although it can provide farming communities with livelihoods and incomes, it also can fuel land grabs that undermine community rights and wellbeing. The sector feeds the growing global population, but also contributes to the epidemics of obesity and metabolic diseases, while chronic malnutrition has continued to worsen in the years since adoption of the Sustainable Development Goals (SDGs).

In light of these challenges and opportunities, a number of frameworks, guidance documents, and standards have aimed to create …

Covid-19 And The 2020/21 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the seventh annual review of Singapore’s performance in international moot court competitions. While the previous season already felt the ravaging effects of the pandemic, it was more of the same this season, although this time round, all the major competitions were prepared to go online.

Climate Justice And The Etos, Sara L. Seck

Articles, Book Chapters, & Popular Press

This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of …

Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson

West Virginia Law Review

No abstract provided.

Covid-19 And The 2020/21 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the seventh annual review of Singapore’s performance in international moot court competitions. While the previous season already felt the ravaging effects of the pandemic, it was more of the same this season, although this time round, all the major competitions were prepared to go online.

Jus Ad Bellum, Natural Law, And The Invasion Of Iraq, Johnny Davis, Johnny B. Davis

Liberty University Journal of Statesmanship & Public Policy

The thesis is the coalition invasion of Iraq violated international law because it went beyond the limited authority to use force given by United Nations Resolution 144 and violated natural law just war principles. The involvement of the United States not only violated just war principles but the requirements of the United States Constitution because Congress did not declare war as was required. The invasion also went beyond the legal limits imposed by the United States Joint Congressional Resolution authorizing the use passed on 2 October 2002. Further, the invasion was not justified by any prior United Nations resolution nor …

A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar

Pepperdine Law Review

The world is currently experiencing an unprecedented displaced persons crisis. There are more than 70 million people worldwide who have been forcibly displaced from their homeland and are in search of a new country in which to settle. There is no international appetite to absorb these people. There is only one legal pathway by which displaced people can claim an entitlement to settle in another country. This is pursuant to the Refugee Convention. More than 140 countries including the United States are signatories to this convention. The difficulty experienced by displaced people is now particularly acute so far as entry …

The Plea Of Necessity: An Oft Overlooked Response Option To Hostile Cyber Operations, Louise Arimatsu, Michael N. Schmitt

International Law Studies

States are increasingly focused on the measures—cyber or otherwise—that they can take in response to hostile cyber operations. Although cyber operations are usually responded to with acts of “retorsion” (acts that are lawful, although unfriendly), international law recognizes other self-help mechanisms that allow for more robust responses. In the cyber context, most attention has focused on countermeasures and self-defense. Yet, both are subject to various limitations that constrain their availability.

This article examines a further option, the so-called “plea of necessity.” It allows States to respond to a hostile cyber operation when the action taken would otherwise be unlawful but …

Dapatkah Anak Indonesia Diadopsi Oleh Orang Asing Ditinjau Dari Aspek Hukum Perdata Internasional, Rizal Arif

Indonesian Journal of International Law

International adoption of Indonesian child is a part of International Private Law matter, such as there was a case that is done by a white person who discovered by the police while taking 9 babies (one untul three months old) in the Airport of Kemayoran, Jakarta, which is suspected as babies trafficking. Or, there was the desire to do an Indonesian child legal adoption of wealthy Singaporean couple without knowing the procedure. The member of Babies trafficking fenomenont has been increasing since the economic crisis happened in July 1997 and the globalization era of free trade, where the border among …

Belajar Dari Kegalalan Politik Pengelolaan Sda Orde Baru: Studi Kasus Kalimantan Timur, Aleksis Jemadu

Indonesian Journal of International Law

The province of East Kalimantan has the largers tropical forests in Indonesia. throughout the era of the New Order government under President Soeharto the natural resources especially tropical forests were sistematically exploited without any serious effort on the part of the government and private companies to take care of the social and environmental aspect of such exploitation. As a result, severe environmental degradation took place and the local people in the country side lost their sources of livelihood. In the midst of the presence of multinational corporations and private forest concessionaires ironically there were enclaves of poverty. In this area …

Tropical Deforestation As An International Externality: The Property Right Issue, Endah Murniningtyas

Indonesian Journal of International Law

The developing countries frequently blamed as a party who did the deforestation or do the forest logging. The developed countries try to give a penalty the developing countries with inserting environmental values to trade values. It caused a dispute between the parties because the developing countries highly dependent with the production of the major commodity, whose derived from the forest. In general, approved that the use of natural resources should pay attention the impact to the environment, either it is domestic or global environment. The universal environmental regulation and the environment whose adjusted with the boundaries in trade, in one …

Memerangi Kejahatan Kehutanan Dan Mendorong Prinsip Kehati-Hatian Perbankan Untuk Mewujudkan Pengelolaan Hutan Yang Berkelanjutan Pendekatan Anti Pencucian Uang, Bambang Setiono, Yunus Husein

Indonesian Journal of International Law

If the illegal logging is just a criminal whose involve the poor society which their life depend to the forest, truck driver or forest guards whose underpaid, that criminal would not be difficult to stop. With the involvement of support from the illegal logging funders, which usually called cukong, illegal logging industry and government employees, the illegal logging has become a complex problem, not only in Indonesia, but also for the international forest community. The forestry law enforcement approach which now is running failed to capture the mastermind of illegal logging. But, the money laundering law enforcement approach which with …

Berbagai Aspek Globalisasi Dan Pengaruhnya Pada Tata Hubungan Internasional, Burhan D. Mangeda

Indonesian Journal of International Law

The aim of the paper is to discuss the trend of globalization from political, ideological, security and defence, economics, socio cultural and international lawpoint of views, and their influences in forming the New World Order. The Trend shows the dominance of hte United States as the emerging og the United States as the ‘sole superpower’ and the spread of the ‘free market’ and liberalism. In terms of international law, there is a sneed to form interstates regulations regarding the flow of people, capital, informatio and other goods acctoss national boundaries.

Memahami Desentralisasi Fungsional (Perbandingan Praktek Di Belanda, Jepang, Usa, Dan Jerman), Irfan Maksum

Indonesian Journal of International Law

Functional decentralisation practices in developing countries are mixed with the so-called privatisation which is a part of economic desentalisation and/or delegatuon of administrative decentralisation. This concept research is important in order to understand the concet of decentralisation as a whole. This article tries to make comparison of functional decentralisation practices in four countries: the Netherlands, Japan, the United States, ang Germany.

Pengaturan Perang Dan Konflik Bersenjata Dalam Hukum Humaniter Internasional, Teguh Sulistia

Indonesian Journal of International Law

War and armed conflicts have been the major problems in international law especially for their dejected impacts such as physical, psychological, and material loss for the victims. Wars and armed conflicts are subject to international humanitarian law so that people are protected from the soldiers’ violence where they kill each other in defending their national interests. Humanitarian law also has a purpose to protect wounded soldiers and prisoners of war from inhuman treatments. However, these wars and armed conflicts shoul be prevented because they have more disadvantages than advantages to human beings.

Doha Development Agenda Negotiations On Agriculutal Sector, Asiantono Siambella

Indonesian Journal of International Law

When Doha Round offically opens in Doha, Qatar in November 2001, the parties of the WTO agreed the round named by Doha Development Agenda (DDA). The majority developing countries argues that the previous round was created the regulations whose just make the developed countries gain more profit and dominate global trade. This article gave the information on the DDA development in agriculture, in order to increase the reformation in agriculture to get the fair and equal global trade system, this article gave the proportional picture and position whose shown by the developing countries in the WTO rounds in 3 problems, …

Pertanian Indonesia Dalam Perundingan Aturan Perdagangan Internasional, Delima Hasri Azahari, Iskandar Panjaitan

Indonesian Journal of International Law

It is a paradox that Indonesian agriculture would prefer a market oriented condition to enhance its economic performance but at the same time it requires at significant degree of Government intervention to maintain its economic and non-economic goals to face with economic globalization. The existence of market imperfection as an argument of government intervention on agricultuer of developing countries and it is being worsened by biased trade policies applied by developed countries. By realizing its unfaded importance, Indonesia should see the paradox and consider i then makeing position for negotiations on market liberaliazation of agriculture.

Kepentingan Pertanian Indonesia Dalam Perdagangan Internasional, Anton Apriyantono

Indonesian Journal of International Law

Trade on Agriculture has been reformed since January 1995. It was a resultof Uruguay Round and staed on Agreement on Agriculture. However, its implementations have given negative aspects to developing countries. It was caused by the malfunction of specific protection mechanism. Besides, special and differential treatment, created by developed countries, is not implemented effectively. Accordingly, sector on Agriculture has been being negotiated since the Doha Round in 2001.

Workers`S Rights According To Islamic Law Persepective (The Principle Of Mudharabah) That Can Be Applied In Trade And Investment Agreements, Gemala Dewi

Indonesian Journal of International Law

The practice of Foreign Direct Investment (FDI) in developing countries often cause the labor problems, such as the labor on strike demanding higher wages or the severance pay as the results of the “down-sizing” whose made changes etc. In the country who has inadequate labors regulation or even does not have a strong labors union, it is difficult to enforce the rights of the labors. With the extreme separation position system between the labors and the employer, the problem is always decreasing, so the concept of alternative working relationship to solve this problem. The mudharabah principle in working agreement may …

Perlindungan Tahanan Pada Kamp-Kamp Penahanan Amerika Serikat, Yasmine Ms Soraya

Indonesian Journal of International Law

On May, 19th 2006, UN Anti-Torture Committee delivered a report that suggest a closing of the Guantanamo detention camp. The government of the United States of America then look an action by establishing the Law on Interrogation. The law stipulates several principles such as interrogation method and trial on terrorism that somehow legalizes the use of any means of force in such process. Another possibility that is stipulated in the Law is a conviction even the evidence is not visible. Tje protection of prisoner in the United States of America’s detention camp is regulated by both International law and national …

Karakteristik Tindak Pidana Dalam Statuta Icc Dan Dampak Pembentukan Pengadilan Pidana Internasional (Icc) Terhadap Perkembangan Hukum Pidana, Romli Atmasasmita

Indonesian Journal of International Law

International community has emphasized their commitment to combat “the most serious crime of the concerns to the international regarding the nature and the characteristic of such crimes that are often misunderstood amongst the professionals in Indonesian criminal law. Those differences lead to subsequent conquences on state’s criminal jurisdiction, particularly after considering the trans-boundary nature of such crime. The establishment of the International Criminal Court has created a new legal institution in international criminal law. It has reflected a significant change of criminal law that have been recognized since the 18th century.

Problem Of Human Rights In World Politics: Three Indonesian Case Studies, Aleksis Jemadu

Indonesian Journal of International Law

The problems of human rights in the global political arena makes the interaction between the actors, even it is a state or non-state after the end of the cold war. In this article, the perspective of international and domestic is used to discuss the extent of the human rights affect those actors. In an international perspective, the emerging of global terrorism threat is start by the September 11th 2001 accident whose be the new challenge for the promotion of human rights because the dominant states will feature the domestic security and international instead of the honor of the human rights. …

Human Rights In Indonesia, Hikmahanto Juwana

Indonesian Journal of International Law

Indonesia is the parties of international convention on human rights. Indonesia has raised the problems of human rights from its constitution, even the problem is not the main concern. Another aspect which has the important role to the protection of human rights besides the substantive law is the institution, either it is a government institution or non government institution, whose dealing with the human rights problem. The National Commission on human rights (KOMNASHAM) is the first government institution whose established for handling the problems of human rights.

Perlindungan Hak-Hak Perempuan Dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional Tentang Hak Asasi Manusia, Mutiara Hikmah

Indonesian Journal of International Law

Mixed marriage is common thing in Indonesia. The Data collected by the Civil Register Office said, this type of marriage is increasing from time to time. Mixed marriage, however, has strong relation with women rights concerning nationality aspect. The regulation about women rights are embodied comprehensively, in both national and international human rights instruments. However, the protection of women rights, especially in nationality aspect from the mixed marriage, has not been addressed properly.

Traktat Internasional Dan Paradoks Globalisasi, Emmy Yuhassarie Ruru

Indonesian Journal of International Law

Since the creation of means of transportation to transfer people from one place to another, there was an indication of the ambiguity of State’s intention in international relation. State’s or Government’s motivation to interact with foreign party has always been triggered by the direct or indirect needs of such State or Government. It can be based on plenty of reasons such as expansion, trade, inexpensive human resources, negotiation, or investment reason and so forth. In many interests, State has acted or functioned as an intermediary. Following the colonization period, each State’s interaction will be based on its free will and …

Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak, Zulfa Djoko Basuki

Indonesian Journal of International Law

Nationality is a basic need for everyone who lives in this world because of its effect. Nobody can live without nationality. It gives protection and certainty to fulfill the needs of human being. At implementation level, nationality can bring some rights and some obligations. To convince it will run smoothly, nationality has its own rule and principle. It is different between one country and another but the principle can be categorized into two, which are ius sanguinis or ius soli. Indonesia bases its nationality rule or ius sanguinis principle, as embodied in Law Number 62 Years 1958 on Nationality. Unfortunately, …

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 …

After Sale Service To Imported Goods In Realizing Law Enforcement Of Consumer Protection, Wulanmas A. P. G Frederik

Indonesian Journal of International Law

The prominent issue in globalization era is the emergence of great attention to the issues of the law enforcement of consumer protection and the distribution of the incoming imported goods freely to Indonesia. The impact of open economic embraced by Indonesia causes the swift flow of goods and service into Indonesian territory. The effect of Indonesia in international economy is insignificant, but in contrary, the effect of International economy to Indonesian economy is highly significant. Consequently, the insignificant Indonesian effect on international economy causes Indonesia is having difficulty to compete in international trade. Therefore, Consumer Protection Act becomes public needs …

The Law Of Satellite Communications: Filling In The Gaps, Amir Hossein Mesgari Hagh, Reza Karam

Indonesian Journal of International Law

The modern international system of information and communication requires equal development of satellite communications on both legal and technical dimensions. Lack of regulations of satellite communications and inefficiency of present international law concerning, for example, the issue of non-interference in national sovereignty of nations has caused some countries to encounter many problems in different areas such as cultural invasion and the decline of nations’ sovereignty by satellite communications. In this article, suggestions are offered concerning the way governments and international organizations can help deal with the shortcomings related to the law of space. First, states’ responsibilities as to enacting rightful …

Legal Analysis On Interlink Between International And National Instruments Towards Woman Rights In Indonesia, Tri Lisiani Prihatinah

Indonesian Journal of International Law

International instruments such as the Universal Declaration on Human Rights, the Internasional Covenants on Civil and Political Rights and Social and Cultural Rights, and the Convention for the Elimination of Discrimination Agaist Women (CEDAW) have led to what has been called a juridical revolution. Under these international instruments, the idea of all these rights including woman rights has been constitutionalized in almost all countries and practically all countries are now committed internationally to respect and ensure the woman rights of their citizens. In this paper international instruments relating the woman rights and their domestic enforceability are covered. Using juridical-normative approach, …