International Law Discourse in Southeast Asia

Indonesia vs. Malaysia: The Battle for Border Territory Resolved

Siti Ruhana, Tun Abdul Karim — Wed, 31 Jan 2024 00:00:00 +0700

This paper provides a comprehensive analysis of the resolution of the longstanding border dispute between Indonesia and Malaysia. The study delves into the complex dynamics of this conflict, offering insights into its historical context, the key issues at stake, and the eventual resolution reached between the two nations. The Indonesia-Malaysia border dispute has been a contentious issue for decades, marked by conflicting territorial claims and occasional tensions between the two neighboring countries. Rooted in historical and geopolitical factors, the dispute has encompassed various regions along the land border, including areas rich in natural resources and strategic importance. This paper examines the factors that fueled the dispute, ranging from historical grievances to economic interests and geopolitical considerations. It explores how these factors influenced the negotiation process and shaped the positions of both Indonesia and Malaysia. Central to the analysis is the discussion of the diplomatic efforts and mechanisms employed to address the dispute. From bilateral negotiations to third-party mediation, the paper evaluates the effectiveness of different approaches in facilitating dialogue and fostering cooperation between the two nations. Furthermore, the paper highlights the role of international law and norms in guiding the resolution process. It assesses how principles of territorial sovereignty, boundary delimitation, and peaceful dispute resolution were applied in reaching a mutually acceptable agreement. Finally, the study discusses the outcome of the resolution and its implications for Indonesia, Malaysia, and the broader region. It examines the terms of the agreement, including any concessions made by either party, and considers the potential impact on bilateral relations, economic development, and regional stability. By providing a nuanced analysis of the Indonesia-Malaysia border dispute and its resolution, this paper contributes to a deeper understanding of interstate conflicts and the mechanisms available for their peaceful resolution in Southeast Asia.

Ratification of the UN Anti-Corruption Convention: Legal and Political Implications in Indonesia and its Context within Southeast Asian International Law Discourse

Apriliana Rahma Nuraini, Edward Niel — Wed, 31 Jan 2024 00:00:00 +0700

This paper scrutinizes Indonesia's ratification of the UN Anti-Corruption Convention, examining its legal and political implications within Southeast Asia's international law discourse. Analyzing treaty provisions alongside Indonesia's legal framework, it assesses challenges and opportunities in combating corruption. The study emphasizes several key findings. Firstly, domestically, ratification showcases Indonesia's commitment to combat corruption, addressing a long-standing governance and economic development issue. Aligning with international standards signals intent to fortify anti-corruption efforts, bolster transparency, and augment accountability mechanisms. This aligns with fostering good governance practices vital for sustainable development and attracting foreign investment. Secondly, ratification holds political significance, affirming the government's dedication to tackling corruption, potentially enhancing its legitimacy. However, effective implementation may face hurdles due to entrenched political interests and bureaucratic challenges. In the Southeast Asian context, Indonesia's ratification serves as a model for regional cooperation against corruption. As a major economy and populous nation, Indonesia's commitment sets a precedent for collective action. It underscores the importance of regional collaboration in combating corruption, opening avenues for dialogue, collaboration, and capacity-building initiatives. This offers prospects for strengthening anti-corruption frameworks and mechanisms both nationally and regionally. In conclusion, Indonesia's ratification of the UN Anti-Corruption Convention signifies a pivotal step in combating corruption domestically and regionally. While it showcases political will and potential for regional cooperation, effective implementation remains contingent on overcoming internal challenges and fostering collaboration across Southeast Asia. This study illuminates the complex interplay between national and international efforts to combat corruption, contributing to a deeper understanding of the regional dynamics at play.

Legal Framework for Addressing Sea Environmental Pollution: A Case Study of the Montara Oil Spill in East Timor

Brian Maulana Mahendra, Pao Thai Lien, Champo Khan Myat — Wed, 31 Jan 2024 00:00:00 +0700

This study delves into the legal framework pertinent to addressing sea environmental pollution, with a specific focus on the Montara Oil Spill incident in East Timor. The Montara Oil Spill presents a compelling case study, highlighting the complexities and challenges associated with responding to marine environmental disasters. By examining international conventions, regional agreements, and domestic laws, this research seeks to evaluate the adequacy of existing legal frameworks in managing sea pollution incidents effectively. Furthermore, it aims to assess the efficacy of regulatory mechanisms in holding accountable those responsible for environmental harm and ensuring appropriate compensation for affected parties. Through a comprehensive analysis of legal doctrines, relevant case law, and policy considerations, this study aims to offer valuable insights into enhancing the legal framework for mitigating and preventing sea environmental pollution. By synthesizing findings from diverse sources, including international treaties, national legislation, and jurisprudential trends, this research endeavors to identify areas for improvement in regulatory frameworks and enforcement mechanisms. Additionally, it seeks to explore opportunities for strengthening international cooperation and collaboration in safeguarding marine ecosystems and addressing transboundary pollution issues. Ultimately, this study contributes to the broader discourse on environmental law and policy by shedding light on the legal dimensions of sea pollution management. By critically examining the Montara Oil Spill case and drawing lessons from it, this research seeks to inform future regulatory developments and advocacy efforts aimed at promoting environmental sustainability and protecting the world's oceans.

Mechanisms for Addressing Space Debris from the Perspective of International Law

Nur Barokah Uswatun Khasanah, Marc Johan Atsawin — Wed, 31 Jan 2024 00:00:00 +0700

This paper explores the various mechanisms available for addressing the issue of space debris through the lens of international law. As human activities in space continue to increase, so does the accumulation of space debris, posing significant risks to satellites, spacecraft, and overall space operations. International law plays a crucial role in governing space activities and managing the growing problem of space debris. This paper examines the legal frameworks and mechanisms established at the international level to mitigate, prevent, and manage space debris. It analyzes treaties, agreements, guidelines, and principles relevant to space debris mitigation and explores the roles of different actors, including space agencies, governments, and international organizations, in implementing these mechanisms. The paper also discusses challenges and gaps in current legal frameworks and suggests potential avenues for enhancing international cooperation and coordination in addressing the issue of space debris. Through this examination, the paper aims to contribute to the understanding of the intersection between international law and space debris management and to inform future policy and decision-making in this critical area.

Interpol’s Efforts Against Human Trafficking by Non-Procedural Migrant Worker Networks in East Nusa Tenggara: Leveraging Legal Assistance Treaties

Wed, 31 Jan 2024 00:00:00 +0700

This paper delves into the proactive measures adopted by Interpol to counter the pervasive issue of human trafficking, focusing specifically on the activities of non-procedural migrant worker networks in East Nusa Tenggara. Human trafficking remains a grave violation of human rights globally, with vulnerable migrant workers often falling victim to exploitation and abuse. In regions like East Nusa Tenggara, where such networks operate with relative impunity, concerted efforts are necessary to dismantle their operations and bring perpetrators to justice. Interpol plays a crucial role in this endeavor by leveraging legal assistance treaties to enhance international cooperation in combating transnational crimes, including human trafficking. Through these treaties, Interpol facilitates information exchange, joint investigations, and coordinated law enforcement actions among member countries, thereby strengthening the collective response to this multifaceted challenge. In East Nusa Tenggara, where the complexities of jurisdiction and cross-border activities complicate law enforcement efforts, Interpol's involvement becomes particularly significant. By collaborating with local law enforcement agencies and leveraging its global network of resources, Interpol can identify, disrupt, and dismantle the networks involved in human trafficking. This paper will explore the mechanisms through which Interpol utilizes legal assistance treaties to support investigations, apprehend perpetrators, and rescue victims of human trafficking in East Nusa Tenggara. Additionally, it will assess the effectiveness of these strategies in mitigating the impact of non-procedural migrant worker networks and advancing the overarching goal of eradicating human trafficking. Through a comprehensive analysis of Interpol's efforts in this context, this paper aims to contribute to the discourse on international law enforcement cooperation and the fight against human trafficking.

Examining Singapore’s State Responsibility in International Law Perspective for the Death of David Hartanto: A Case Study of an Indonesian Citizen in Singapore's Territorial Territory

Ayuk Nila Ratih, Hanityo Akbar Kusuma — Wed, 31 Jan 2024 00:00:00 +0700

This paper delves into the complex legal and ethical dimensions surrounding the death of David Hartanto, an Indonesian citizen, within the territorial boundaries of Singapore. Hartanto's tragic demise sparked significant attention and debate, raising questions about Singapore's obligations under international law regarding the protection of foreign nationals within its jurisdiction. Drawing upon legal principles, case law, and relevant international agreements, this study scrutinizes Singapore's state responsibility concerning the death of Hartanto. It analyzes the circumstances leading to his demise, investigates potential breaches of legal obligations by Singaporean authorities, and evaluates the adequacy of the legal frameworks governing the protection of foreign nationals. Moreover, the paper explores the broader implications of this case for diplomatic relations, human rights protections, and the rule of law in the context of transnational incidents involving state responsibility. By critically examining the Hartanto case, this paper contributes to the ongoing discourse on the intersection of state sovereignty, human rights, and international legal obligations, offering insights into avenues for enhancing accountability and ensuring the protection of individuals irrespective of their nationality within a state’s territorial jurisdiction.