Sustainable Fisheries In Southeast Asia,
2011
Faculty of Law Universitas Indonesia
Sustainable Fisheries In Southeast Asia, Melda Kamil Ariadno
Indonesia Law Review
Fisheries activity has increased significantly in number. As a result, we might see high investment in fisheries is due to the high demand for fish and fisheries products. Therefore, marine resources as well as other living resources are at risk in being harmed by excessive fisheries activities, for example: the use of trawl. Indonesia, as a Maritime State, need to impose sustainable fisheries because the principle of utilizing sustainable fisheries resources as adopted in the Law on Fisheries (Law No. 31 Year 2004 as amended by Law No. 45 Year 2009) to control fishery activities.Fishery activities are regulated not only …
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals,
2011
University of Miami Law School
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern
University of Miami International and Comparative Law Review
This article will assess both the problems and potential solutions to contemporary seaborne threats of piracy, robbery, and terrorism, and discuss challenges and opportunities for the domestic and international forums prosecuting the crimes that constitute piracy and maritime terrorism. In particular it will begin with a discussion of the (d)evolution of events in the late 20th Century, which has transformed the old problem of piracy into a modern scourge. Piratical tactics, techniques and procedures (TTP) gave rise to a distinctly different threat from that faced in the past. Accompanying this discussion is a survey of present-day piracy, followed by an …
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues,
2011
Padjajaran University, Indonesia
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesian Journal of International Law
Within the framework of national integrity the ocean possesses two key aspects that is, of security and prosperity. The demarcation of the outer limits of national mari- time territory and jurisdiction including delimitation of boundaries with neighboring countries will provide a legal basis for a number of marine activities such as defense, fisheries, navigation, seabed and subsoil exploration and exploitation, marine tourism and others. Boundary issues for Indonesia, whether on land, at sea even in the air, have always been a matter of national priority. At present, Indonesia still have some unresolved boundary delimitation with its neighboring countries. The completion …
Once More Unto The Breach: Some Thoughts On The Future Of The Eez,
2011
Makarim & Tairs S Counsellors at Law, Indonesia
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 …
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective,
2011
Faculty of Technology and Economic Law Universitas Al-Azhar Indonesia, Faculty of Law Universitas Indonesia, Indonesia
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Indonesian Journal of International Law
There are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi …
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning,
2011
Faculty of Law, Brawijaya University, Indonesia
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Indonesian Journal of International Law
In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of …
The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law,
2011
La Trobe University, Australia
The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law, Li Enshen
Indonesian Journal of International Law
Guaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues …
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia,
2011
Airlangga University, Indonesia
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
Indonesian Journal of International Law
After the 9/11 attack, the US government called upon global war on terror (GWOT). Then terrorism has been considered as a threat of global security. It is, therefore, has led both national and international concern under US hegemony. Furthermore, it has affected the proliferation of many national counter-terrorism laws. The terrorist attacks have threatened Indonesia over years. Under the act No.15/2003 jo No.1/Prp/2002 the Indonesian government has successfully conducted prosecutions to the terrorism perpetrators. However, it is identified that there are such violations regarding to international human rights rules and standards. The concern in handling terrorism demands a balance concern …
From Bali To Copenhagen: Indonesia's Position And Role In International Negotiation To Establish A Post-Kyoto Protocol Agreement On Climate Change,
2011
Faculty of Social and Political Sciences, Universitas Indonesia, Indonesia
From Bali To Copenhagen: Indonesia's Position And Role In International Negotiation To Establish A Post-Kyoto Protocol Agreement On Climate Change, Syamsul Hadi
Indonesian Journal of International Law
In the light of upcoming end of the Kyoto Protocol in 2012, international society is in the urgent need to arrange a new international agreement to cope more with the issue that has been threatening both today and the future generation. In this context, Indonesia has attempted to contribute a positive role to seek international consensus on the climate change negotiations, including by becoming the host of Un Conference on Climate Change in Bali (2007), whoch resulted in the Bali Roadmap and Bali Action Plan, both of which has become important stepping stone for the Post-Kyoto Protocol international regime. However, …
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes,
2011
Faculty of Law, Sam Ratulangi University, Indonesia
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Indonesian Journal of International Law
The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing …
Table Of Contents (Volume 87),
2011
U.S. Naval War College
Introduction (Volume 87),
2011
U.S. Naval War College
A Call For Mediated Solutions To Arctic Region Disputes,
2011
Benjamin N. Cardozo School of Law
A Call For Mediated Solutions To Arctic Region Disputes, Bradley L. Roth
Cardozo Journal of International and Comparative Law
The note argues that the Arctic region has become a focal point of international competition due to climate change, with disputes over territorial, resource, and navigational rights among the Arctic Five (Canada, Denmark, Norway, Russia, and the United States). It advocates for a worldcentric mediation approach, emphasizing global sustainability and fairness, to resolve these disputes effectively while addressing the region's ecological sensitivity and the long-term sustainability of the planet.
About Sdlp,
2011
American University Washington College of Law
The Status Of International And Regional Conventions Relating To Ship Source Marine Pollution In States In The Baltic Region,
2011
World Maritime University
The Status Of International And Regional Conventions Relating To Ship Source Marine Pollution In States In The Baltic Region, Proshanto K. Mukherjee, Abhinayan Basu Bal
Baltic Master II
The Baltic Sea region consists of nine countries, Estonia, Latvia, Lithuania, Sweden, Denmark, Finland, Germany, Poland, and the Russian Federation all of which except Russia are European Union (EU) members. This report presents a study of the current status of implementing international and regional conventions for ship-source marine pollution in the Baltic Sea region.
Crime Upon The Sea: Reshaping American Jurisprudence On International Piracy,
2011
Florida A&M University College of Law
Crime Upon The Sea: Reshaping American Jurisprudence On International Piracy, Ta'ronce Stowes
Florida A & M University Law Review
No abstract provided.
Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction,
2011
American University Washington College of Law
Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson
American University International Law Review
No abstract provided.
The Maritime Labour Convention, 2006 – Reflections On Challenges For Flag State Implementation,
2011
Dalhousie University Schulich School of Law
The Maritime Labour Convention, 2006 – Reflections On Challenges For Flag State Implementation, Moira Mcconnell
Articles, Book Chapters, & Popular Press
This paper begins by providing a brief overview of the International Labour Organization’s Maritime Labour Convention, 2006 (MLC, 2006), noting that this Convention, often called the “Seafarers’ bill of rights”, seeks to achieve both social and labour rights (“decent work”) for seafarers and fair competition (achieving a level-playing field) for shipowners. It has been described as the “fourth pillar” of the international maritime regulatory regime complementing the major International Maritime Organization conventions. The paper provides a brief update on international efforts to achieve the 30/33 formula needed to bring the Convention into force [at present, the tonnage element, 33% …
Continental Shelf Delimitation Beyond 200 Nautical Miles: Approaches Taken By Coastal States Before The Commission On The Limits Of The Continental Shelf,
2011
Duke Law School
Continental Shelf Delimitation Beyond 200 Nautical Miles: Approaches Taken By Coastal States Before The Commission On The Limits Of The Continental Shelf, Coalter G. Lathrop
Faculty Scholarship
No abstract provided.
Sifting Through The Wreckage: An Analysis And Proposed Resolution Concerning The Disposition Of Historic Shipwrecks Located In International Waters,
2011
New York Law School Class of 2010
Sifting Through The Wreckage: An Analysis And Proposed Resolution Concerning The Disposition Of Historic Shipwrecks Located In International Waters, Jeremy Neil
NYLS Law Review
No abstract provided.
