International Law Discourse in Southeast Asia
International Law Discourse in Southeast Asia (ISSN Online 2829-9655 ISSN Print: 2830-0297) is an open access double blind peer reviewed journal published by Faculty of Law Universitas Negeri Semarang and managed by Southeast Asian Studies Center Faculty of Law Universitas Negeri Semarang, Indonesia. The Journal is committed to providing a scientific forum and discourse for legal practitioners, academics, researchers, and students on the issue of international law generally while attempting to present discourses and viewpoints from and/or about Indonesia, Southeast Asia, and other parts of Asia and the developing world at large. Combining various thematic coverage, the Journal aims to present current practice, discourse, and its theoretical reflection within the different branches of international law. Title : International Law Discourse in Southeast Asia Editor in Chief : Sonny Saptoajie Wicaksono ISSN : 2829-9655 (Online) 2830-0297 (Print) DOI Prefix : 10.15294/ildisea Publisher : Faculty of Law, Universitas Negeri Semarang Frequency : 2 (two) issues per year
Reorganization of Effective Geographical Factors on National Power
A group of human beings produced the nation and founded the states, and political organizations have the power. All physical and spiritual capabilities that existed in the particular political and geographical territory can be called ‘national power’. National power has different sources and bases, which are considered to be the elements of ‘national power’. The issue of national power has been attracting the attention of geographers, geopolitical specialists, and global communication experts. Each group has introduced the elements for the ‘national power’. This academic and research article will help to recognize the effects of geographical factors on ‘national power’. In addition to this, the purpose of this research is to identify the elements and sources of ‘national power’. We have investigated those geographical factors that are highly affecting ‘national power’. The methodology of data collection for this particular research is library research. Many great, international, and reliable resources have been used and cited in this academic article and research. The result of this research states that, besides the other crucial factors for national power, geographical factors also play a very vital role in national power. Such geographical factors and their effects can be used to measure and get to know the power of countries or states. The importance of this research is knowing how countries benefit from the existence of geographical facilities and features of national and global power.
Geography, Power, National Power, Geopolitics and Geographical Effects
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Transformation of International Criminal Justice Principle into Indonesia National Criminal Justice System: How Domestic Law Adopt Global Values?
The transformation of international criminal justice principles into Indonesia's national criminal justice system reflects the country's commitment to aligning domestic law with global human rights and accountability standards. Indonesia, as a member of the international community, has progressively incorporated international norms and principles into its legal framework, particularly in response to the rise of international crimes such as genocide, war crimes, and crimes against humanity. The adoption of these global values in domestic law requires a nuanced approach, as Indonesia navigates its national sovereignty, cultural context, and legal traditions while integrating the broader principles of international justice. The study examines the mechanisms through which Indonesia has absorbed international criminal justice norms, focusing on key developments such as the ratification of the Rome Statute of the International Criminal Court (ICC) and the establishment of domestic legal provisions for addressing crimes under international law. It also evaluates the challenges Indonesia faces in harmonizing its criminal justice system with international standards, such as issues related to jurisdiction, the independence of the judiciary, and the political will to prosecute international crimes effectively. This paper analyzes the legal reforms in Indonesia’s national criminal justice system, exploring both the successes and limitations of these efforts. It highlights the role of international treaties, national legislation, and judicial practice in shaping a more comprehensive and fair criminal justice system. Moreover, the research emphasizes the importance of fostering international cooperation and strengthening domestic institutions to ensure the effective implementation of global principles. Ultimately, this study underscores the dynamic interaction between domestic law and international criminal justice, emphasizing the need for continuous adaptation to uphold global human rights values in a national context.
Human Rights, International Law, Criminal Justice, Indonesia, Global Justice Norm
Role of Climate Change in Afghanistan’s Geopolitical Power
The most significant environmental threats today are global warming and climate change. The effects of climate change include water and food scarcity, disease, unemployment, migration, poverty, resource conflicts, and global instability. This study examines the role of climate change in Afghanistan’s geopolitical power. This study employs a descriptive-analytical approach and a survey method. The statistical research community includes experts and specialists in geopolitics, political science, climate science, and university professors. The questionnaire was distributed among them based on indicators related to climate change, development, and geopolitics. 80 questionnaires were collected. On the basis of these findings, a significant and inverse relationship exists between the impacts of climate change and development. Furthermore, the reduction in the development process has a significant and negative impact on Afghanistan’s geopolitical power. Finally, the reduction in development affects the change. Climate plays a mediating role in geopolitics. Then, the priority of parameters influencing climate change in geopolitics was discussed using Friedman’s comparison test. These parameters include 1) poverty and social anomalies, drought, and migration. In the suggestions section, it is emphasized that there is a need to implement effective methods, such as irrigation and the use of clean energy, to reduce greenhouse gas emissions and adapt to the impacts of climate change.
Protection of Human Rights Against Women in an International Legal Perspective
The protection of human rights for women has been a central issue in international law, reflecting the evolving recognition of gender equality and the need to address systemic inequalities. Historically, women have been marginalized in both legal and societal structures, facing discrimination, violence, and economic disparity. However, over the past century, a series of international conventions, treaties, and declarations have sought to safeguard women's rights globally. Notably, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and various regional instruments have played pivotal roles in shaping legal norms that promote gender equality and protect women from abuses. Despite these legal frameworks, challenges persist in the effective implementation and enforcement of women's rights protections. Cultural, political, and socio-economic barriers continue to obstruct the realization of gender equality in many regions, and women often remain vulnerable to violence, exploitation, and discriminatory practices. The international legal system, through the work of organizations such as the United Nations, has made strides in encouraging state accountability and establishing standards for the treatment of women, but gaps in enforcement mechanisms, state sovereignty, and varying cultural norms complicate the protection process. This paper explores the international legal frameworks designed to protect women's human rights, evaluates the effectiveness of these mechanisms, and examines the ongoing obstacles to achieving comprehensive gender equality. The study highlights the need for continued advocacy, stronger enforcement, and collaboration among global institutions to advance the protection of women's rights and ensure their full participation in all spheres of life.
State Sovereignty and Humanitarian Assistance: Navigating the Tension in International Armed Conflicts
This paper critically examines the intersection of state sovereignty and the provision of humanitarian assistance in the context of international armed conflicts, addressing a pressing and increasingly relevant issue in global legal discourse. While state sovereignty remains a cornerstone of international law, its application during armed conflict, especially regarding external humanitarian aid, raises complex questions of responsibility and intervention. Using a blend of primary and secondary legal sources, the study explores how sovereignty intersects with the state's obligations to protect and meet the needs of its citizens during conflict, in line with the theory of "responsible sovereignty." The research highlights the nuanced tension between a state's right to control its territory and its duty to ensure the welfare of its population, even in the midst of war. Despite the fundamental principle of sovereignty, states are bound by international norms to allow humanitarian assistance when their capacity to respond to crisis situations is overwhelmed, thereby preventing further human suffering. The study challenges the traditional view that external aid constitutes an infringement on sovereignty, instead arguing that the refusal of humanitarian assistance in times of need may violate international legal and moral obligations. This paper offers a novel perspective on sovereignty, proposing that in an era of global interconnectedness and humanitarian crises, responsible sovereignty should prioritize the protection of human life over rigid territorial control. The findings contribute to ongoing debates in international law, urging a rethinking of the state's role in conflict zones and the responsibility to allow external humanitarian aid in the face of dire need.
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
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.
Interpol’s Efforts Against Human Trafficking by Non-Procedural Migrant Worker Networks in East Nusa Tenggara: Leveraging Legal Assistance Treaties
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.
Mechanisms for Addressing Space Debris from the Perspective of International Law
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.
Legal Framework for Addressing Sea Environmental Pollution: A Case Study of the Montara Oil Spill in East Timor
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.
Ratification of the UN Anti-Corruption Convention: Legal and Political Implications in Indonesia and its Context within Southeast Asian International Law Discourse
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.
Indonesia vs. Malaysia: The Battle for Border Territory Resolved
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.
Unraveling the Essence of Crime in International Criminal Law: A Review of Iryna Marchuk’s Work
This review encapsulates the essence of Iryna Marchuk's seminal work, "The Fundamental Concept of Crime in International Criminal Law," published by Springer and spanning 311 pages, with ISBN 978-3-642-28245-4. Hailing from Copenhagen, Denmark, Marchuk's book navigates the intricate terrain of international criminal law with precision and scholarly insight. Marchuk's examination centers on unraveling the foundational notion of crime within the expansive realm of international law. Through a meticulous exploration of legal precedents, theoretical frameworks, and contemporary challenges, she illuminates the multifaceted dimensions of criminality in a global context. The book embarks on a journey through the evolution of international criminal law, tracing its origins and milestones while dissecting the complexities inherent in defining and prosecuting crimes of international concern. Marchuk's analysis delves into the intersection of legal principles and moral imperatives, probing the intricate balance between state sovereignty and universal human rights. Furthermore, Marchuk scrutinizes the jurisprudence of international tribunals and courts, dissecting landmark cases and seminal judgments to discern overarching trends and emerging jurisprudential principles. Through this lens, she evaluates the efficacy of existing legal frameworks in addressing grave crimes such as genocide, war crimes, and crimes against humanity. Marchuk's work also confronts the challenges of enforcement and accountability in the international arena, interrogating the mechanisms for ensuring compliance and prosecuting perpetrators across borders. By interrogating the evolving nature of transnational crimes and the shifting dynamics of global governance, she offers valuable insights into the imperative for international cooperation and collaboration in the pursuit of justice.
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Effective efforts in resolving international disputes: A review of the principles of international law in the case of the Ligitan and Sipadan Island disputes
This article discusses effective efforts to resolve international disputes by focusing on reviewing the application of international law principles in the context of the Ligitan and Sipadan Island disputes. This research explores the role of international legal principles, such as the principles of peace, justice and sovereignty, in handling territorial disputes between Indonesia and Malaysia regarding these two strategic islands. Through in-depth analysis of the settlement process, this article identifies concrete efforts that can be considered effective in resolving international disputes, as well as considering the impact of applying international legal principles in achieving just and sustainable solutions. The implications of this research can provide additional insight for stakeholders, international law practitioners, and researchers interested in the context of international dispute resolution, especially in cases involving international legal principles at the regional level.
State Responsibility in Protecting Human Rights: An International Legal Perspective
The protection of human rights is a cornerstone of international law, with states bearing primary responsibility for ensuring the rights and freedoms of individuals within their jurisdiction. This study provides an in-depth analysis of state responsibility in safeguarding human rights from an international legal perspective. Beginning with an exploration of the foundational principles enshrined in international human rights instruments and customary international law, the study examines the legal obligations incumbent upon states in upholding human rights standards. Key components of state responsibility in protecting human rights are delineated, including the duty to respect, protect, and fulfill human rights, as well as the obligation to prevent and remedy human rights violations. Through a comprehensive review of relevant case law, treaties, and legal scholarship, the study elucidates the evolving nature of state responsibility and the mechanisms available for holding states accountable for human rights abuses. Furthermore, the study explores the role of international institutions, such as regional human rights bodies and the International Criminal Court, in adjudicating human rights violations and enforcing state compliance with international legal standards. Special attention is given to the intersection of state sovereignty and human rights protection, examining the balance between state autonomy and international intervention in cases of egregious human rights violations. In conclusion, the study underscores the indispensable role of states in fulfilling their duty to protect human rights, emphasizing the importance of effective domestic legislation, institutional mechanisms, and accountability measures. By elucidating the legal framework governing state responsibility in human rights protection, this analysis aims to contribute to the advancement of human rights norms and the promotion of global justice and dignity for all individuals.
Ambalat Dispute Settlement Analysis Study: Juridical Review of Regional Conflict Between Indonesia and Malaysia Based on an International Law Perspective
The Ambalat dispute between Indonesia and Malaysia stands as a prominent example of a regional conflict rooted in territorial claims and maritime boundaries. This study conducts a comprehensive juridical review of the Ambalat dispute, focusing on the application of international law principles. Through an examination of relevant treaties, customary international law, and judicial decisions, this analysis aims to provide insights into the legal dimensions of the conflict and potential avenues for its resolution. The study begins by outlining the historical background of the Ambalat dispute, tracing the origins of conflicting claims over the maritime territory. It then proceeds to analyze the legal frameworks governing maritime boundaries, including the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law. Special attention is given to the principles of territorial sovereignty, equitable maritime delimitation, and peaceful dispute settlement mechanisms enshrined in international law. Furthermore, the study evaluates past attempts at resolving the Ambalat dispute, including bilateral negotiations and third-party mediation efforts. By critically assessing the effectiveness of these mechanisms, the study identifies key challenges and opportunities for achieving a durable settlement. Moreover, it examines the role of international organizations and legal forums in facilitating dialogue and promoting compliance with international law. In conclusion, the study offers recommendations for policymakers and stakeholders involved in the Ambalat dispute, emphasizing the importance of adherence to international legal principles and the pursuit of peaceful resolution mechanisms. By fostering a deeper understanding of the legal complexities surrounding the conflict, this analysis seeks to contribute to the advancement of regional stability and cooperation in Southeast Asia.
International Law and Dispute Resolution in the Context of Renewable Energy Development: A Review of the Case of Downstreaming of Nickel Ores by Indonesia
This paper delves into the intricate dynamics of international law and dispute resolution within the context of renewable energy development, focusing on Indonesia's downstreaming of nickel ores. As renewable energy initiatives gain prominence globally, the demand for essential minerals like nickel increases, prompting nations like Indonesia to explore downstreaming processes. However, this transition presents complex legal challenges, including international trade agreements, environmental regulations, and indigenous rights. Through a comprehensive review of relevant literature and case studies, this study analyzes Indonesia's approach to nickel ore downstreaming and its implications for international law and dispute resolution mechanisms. Additionally, it examines the role of international organizations, such as the World Trade Organization (WTO) and the United Nations Commission on International Trade Law (UNCITRAL), in resolving disputes arising from renewable energy projects. By synthesizing legal frameworks, environmental concerns, and socio-economic factors, this paper offers insights into navigating the legal complexities of renewable energy development, with a focus on Indonesia's nickel industry. Ultimately, the findings contribute to the discourse on sustainable resource management and the role of international law in facilitating equitable and environmentally responsible energy transitions.
Enhancing Crew Protection in Indonesian Commercial Fishing: A Critical Evaluation of ILO Convention 188
This paper critically examines the efficacy of International Labour Organization (ILO) Convention 188 in protecting the rights and welfare of Indonesian fisherfolk engaged in commercial fishing activities. Indonesia, with its vast maritime territory and significant dependence on the fisheries sector, faces multifaceted challenges in ensuring the well-being of its fisherfolk amidst the complexities of the global fishing industry. By reviewing the provisions of Convention 188 and its implementation in the Indonesian context, this study sheds light on the gaps and shortcomings in safeguarding the rights, safety, and working conditions of Indonesian fishers. Moreover, it explores the socio-economic factors influencing the vulnerability of fisherfolk to exploitation and abuse, such as poverty, lack of education, and inadequate regulatory enforcement. Through an analysis of case studies and empirical data, this paper offers insights into potential strategies for enhancing the effectiveness of Convention 188 in protecting Indonesian fisherfolk, including improved enforcement mechanisms, capacity building initiatives, and greater collaboration between government agencies, civil society organizations, and the fishing industry stakeholders. Ultimately, the findings underscore the urgent need for comprehensive reforms and concerted efforts at the national and international levels to ensure the rights and well-being of Indonesian fisherfolk are upheld in the context of commercial fishing.
National Passive Principles in Illegal Fishing Disputes of Indonesian Citizens in Australian Waters
Illegal fishing remains a contentious issue globally, often leading to diplomatic tensions and strained relations between neighboring countries. This paper explores the application of national passive principles in the context of illegal fishing disputes involving Indonesian citizens in Australian waters. By examining relevant international laws, bilateral agreements, and case studies, this paper aims to elucidate the legal frameworks and practical implications of national passive principles in resolving such disputes. The analysis highlights the challenges faced by both Indonesia and Australia in enforcing maritime laws, particularly concerning illegal fishing activities. Moreover, it investigates the role of national passive principles, which prioritize the rights and responsibilities of states over their citizens engaged in illegal activities abroad. Through a comparative study of legal approaches and diplomatic strategies employed by both countries, this paper seeks to offer insights into the effectiveness of national passive principles in deterring illegal fishing and promoting cooperation between nations. Furthermore, this paper discusses the socio-economic factors driving illegal fishing activities among Indonesian citizens, including poverty, lack of alternative livelihoods, and inadequate enforcement measures. It also examines the environmental impact of illegal fishing on marine ecosystems and the need for collaborative efforts to combat this transnational issue. In conclusion, this paper underscores the importance of international cooperation, legal compliance, and sustainable resource management in addressing illegal fishing disputes. It advocates for the continued implementation of national passive principles alongside strengthened enforcement mechanisms and community-based initiatives to achieve long-term solutions to illegal fishing in Australian waters.
The Role of ASEAN in Dispute Resolution between Thailand and Cambodia
This paper scrutinizes the Association of Southeast Asian Nations (ASEAN)'s involvement in mitigating the territorial and cultural disputes between Thailand and Cambodia, particularly centered on the contentious Preah Vihear Temple. The study assesses ASEAN's efficacy in resolving these disputes through diplomatic channels and mediation efforts. By analyzing ASEAN's mechanisms and diplomatic initiatives, the paper sheds light on the organization's role as a regional mediator in fostering peaceful resolution. ASEAN's engagement in the Thailand-Cambodia disputes reflects its commitment to the principles of conflict resolution and regional stability. Through mechanisms such as the ASEAN Regional Forum (ARF) and the ASEAN Way, ASEAN has provided platforms for dialogue and negotiation between the two nations. Additionally, ASEAN's efforts have included diplomatic interventions and initiatives aimed at de-escalating tensions and promoting mutual understanding. However, ASEAN's role in dispute resolution faces challenges stemming from complex historical grievances, power dynamics, and divergent national interests. The principle of non-interference, a cornerstone of ASEAN's approach, sometimes limits the organization's ability to intervene effectively in member states' internal affairs. Moreover, ASEAN's consensus-based decision-making process can impede swift action in resolving conflicts. Nevertheless, ASEAN's engagement in the Thailand-Cambodia disputes highlights the organization's potential as a regional peacemaker. By fostering dialogue, promoting confidence-building measures, and providing diplomatic support, ASEAN contributes to the maintenance of peace and stability in Southeast Asia. Through a comprehensive analysis of ASEAN's role in this specific context, this paper offers insights into the organization's capacity to address interstate conflicts and advance regional cooperation.
Human Rights and Relativism Through the Lens of Developing Nations Case Study of Indonesia’s Ratification on CEDAW
Universalists argue that human rights as laid out by current human rights law embodies universal ideals and rights that are universally relevant and applicable to all people. However, some relativists have questioned this idea, pointing out that ethical systems should evolve in the context of local cultures and not assume its universal applicability. It arises a question whether human rights indeed a universal concept that should be assumed to all nations irrespective of its cultural differences. Especially in the context of most developing nations that have their own cultural philosophies and societal conducts, it is intriguing to assess how does the "universal applicability" of human rights fare within the local enforcement of human rights treaties. This research will be normative legal research as it will analyze the legal aspect of relativism in the perspective of developing nations in its relation to the enforcement of human rights within the existing treaty that encompasses of Universal Declaration of Human Rights, and Convention on the Elimination of All Forms of Discrimination against Women. This article argues that "consent" of the intended groups that the human treaties wanted to protect matters to bridge the difference between the two concepts.
The Natuna Waters Conflict between Indonesia and Vietnam: How is it resolved in International Law?
The Natuna Waters Conflict between Indonesia and Vietnam epitomizes the intricate web of maritime disputes and geopolitical tensions in the South China Sea region. At its core, the conflict revolves around competing claims over the sovereignty and resource exploitation rights in the waters surrounding the Natuna Islands. Against the backdrop of historical assertions and contemporary contestations, this abstract scrutinizes the application of international law as a framework for resolving the Natuna Waters Conflict. Central to the dispute resolution process are the principles enshrined in the United Nations Convention on the Law of the Sea (UNCLOS), which delineates maritime zones, rights, and responsibilities among coastal states. Both Indonesia and Vietnam are parties to UNCLOS, underpinning the significance of its provisions in addressing their respective claims. However, interpretations of UNCLOS provisions, especially regarding exclusive economic zones (EEZs) and continental shelf boundaries, have been contentious points of divergence between the two nations. Efforts to resolve the Natuna Waters Conflict through legal avenues have involved diplomatic negotiations, arbitration, and adjudication mechanisms provided for under UNCLOS. Despite these mechanisms being available, challenges persist in reaching a comprehensive resolution due to geopolitical interests and power dynamics in the region. Moreover, the role of external actors and regional organizations, such as the Association of Southeast Asian Nations (ASEAN) and major powers like China and the United States, further complicates the dispute resolution landscape. In navigating these complexities, understanding the interplay between legal principles and geopolitical realities is crucial. This abstract seeks to provide insights into the potential pathways for resolving the Natuna Waters Conflict within the framework of international law. By examining historical precedents, legal interpretations, and ongoing diplomatic efforts, it sheds light on the challenges and opportunities for achieving a peaceful and equitable resolution to this longstanding maritime dispute.
Indonesia-China International Dispute on the Natuna Island Case: Various International Law Discourses and Practices in Regional Countries
The Natuna Island case stands as a focal point in the complex web of international relations, particularly between Indonesia and China, in the South China Sea region. This study explores the various international law discourses and practices adopted by regional countries concerning this dispute. Indonesia's sovereign claims over the Natuna Islands clash with China's expansive territorial assertions, leading to diplomatic tensions and legal debates. In analyzing this dispute, this study delves into the multifaceted dimensions of international law invoked by both parties and observed by neighboring states. It examines the application of principles such as the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law concerning territorial sovereignty and maritime rights. Moreover, the study scrutinizes the strategies employed by Indonesia and China within international forums, including arbitration and diplomatic negotiations, to resolve their differences. It highlights the significance of multilateral cooperation and adherence to established legal frameworks in mitigating conflicts and maintaining regional stability. Furthermore, the study assesses the responses of other regional countries to the Natuna Island dispute, elucidating their stances on the applicability of international law and the preservation of their own interests amidst geopolitical tensions. These responses offer valuable insights into the evolving dynamics of maritime disputes and the role of international law in shaping regional security architectures.
Pros and Cons of Application of Extraterritorial Jurisdiction in International Law: Various Practices in Southeast Asian Countries
The concept of extraterritorial jurisdiction in international law has garnered significant attention due to its implications on sovereignty, human rights, and global governance. This paper explores the diverse practices and approaches towards extraterritorial jurisdiction in Southeast Asian countries, considering both the advantages and disadvantages associated with its application. The pros of extraterritorial jurisdiction include the ability to hold individuals and entities accountable for actions committed beyond national borders, thereby addressing transnational crimes, ensuring justice for victims, and upholding international norms and standards. Furthermore, it can serve as a deterrent against cross-border offenses, promoting stability and security in the region. However, the application of extraterritorial jurisdiction also raises several concerns and challenges. One of the primary drawbacks is the potential infringement upon state sovereignty, as it involves the assertion of legal authority over foreign territories and nationals. This could lead to tensions between states and undermine diplomatic relations. Moreover, inconsistent or unilateral application of extraterritorial jurisdiction may result in legal uncertainty and conflicts of laws, hindering international cooperation and legal harmonization efforts. By examining the various practices in Southeast Asian countries, including legislative frameworks, judicial decisions, and diplomatic engagements, this paper aims to provide insights into the complexities surrounding the application of extraterritorial jurisdiction in the region. It underscores the need for balanced approaches that reconcile the pursuit of justice with respect for sovereignty and international law principles. Additionally, it highlights the importance of multilateral cooperation and dialogue in addressing transnational challenges while safeguarding the rights and interests of all stakeholders involved. Overall, this analysis contributes to a better understanding of the nuanced dynamics shaping the debate on extraterritorial jurisdiction in international law and its implications for Southeast Asia's legal landscape and regional cooperation mechanisms.
Double Standards in Human Rights Interpretation (Comparison of American and Asian Practices)
This paper explores the phenomenon of double standards in the interpretation and application of human rights principles, with a comparative analysis between American and Asian practices. Through an examination of key case studies and legal frameworks, it delves into the disparities and inconsistencies that arise in the treatment of human rights issues across these regions. The study elucidates how cultural, political, and historical factors shape differing perspectives on human rights, leading to divergent approaches in addressing violations and advocating for protections. Drawing upon empirical evidence and scholarly discourse, the paper highlights instances where double standards manifest in human rights discourse, such as the selective condemnation of human rights abuses based on geopolitical interests or cultural biases. It examines how interpretations of rights, such as freedom of expression and assembly, vary between the American and Asian contexts, often resulting in contrasting legal norms and enforcement mechanisms. Furthermore, the paper analyzes the impact of these double standards on marginalized communities and the effectiveness of international human rights mechanisms in promoting accountability and justice. In conclusion, the paper underscores the importance of recognizing and addressing double standards in human rights interpretation to ensure equitable treatment and protection for all individuals regardless of nationality or cultural background. It calls for greater transparency, consistency, and collaboration in upholding universal human rights standards, thereby fostering a more just and inclusive global society.
Liberalization of the Health Sector and Fulfillment of the Right to Health: How does international law respond to this condition?
The liberalization of the health sector has become a contentious issue, raising questions about its impact on the fulfillment of the right to health. This paper explores the dynamics between health sector liberalization and the realization of the right to health within the framework of international law. It examines the principles and obligations enshrined in international human rights instruments, trade agreements, and other relevant legal frameworks concerning health and trade. Through a comprehensive review of case studies and legal analyses, the paper evaluates how international law addresses the challenges posed by health sector liberalization and seeks to safeguard the right to health. Additionally, it considers the role of international organizations, such as the World Health Organization (WHO) and the World Trade Organization (WTO), in balancing trade liberalization objectives with public health imperatives. The analysis highlights the tensions and synergies between economic interests and health rights, offering insights into potential strategies for reconciling these competing priorities. By elucidating the evolving landscape of international legal responses, this paper contributes to the ongoing discourse on achieving equitable access to healthcare while promoting global economic integration.
How International Treaties Binding for Domestic Law? A Book Review “Treaties Under Indonesian Law: A Comparative Study” Dr. iur. Damos Dumoli Agusman, PT Remaja Rosda Karya, Bandung, 2014, ISBN 978-979-692-597-1, 554 Pages
International treaties have unique characteristics, especially when faced with the question of how an international treaty applies in a country. The book "Treaties Under Indonesian law: A Comparative Study" written by Dr. iur. Damos Dumoli Agusman is one of the reference books in understanding how international treaties apply domestically in the context of Indonesian law.
International Treaties, Book Review, Damos Dumolis Agusman, Treaty Binding, Indonesian Law
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International Committee of Red Cross versus International Red Crescent: The Recent Practices as Subject International Law
The International Red Cross has different characteristics so that in its development, this organization is accepted as one of the subjects of international law. However, the International Red Cross has limitations in the subject of law. International treaties such as the 1949 Red Cross Conventions provide certain rights and obligations. The rights and obligations are given by the convention indirectly to individuals through the country that is a participant in the convention. Through such construction, many individual circumstances or events that are subject to international law based on a convention can be returned to the countries that are participants in such a convention, namely the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and The European Convention on Human Rights. This study analyzes recent developments regarding the International Red Cross as a subject of international law. This study also analyzes the position of the International Red Crescent as one of the subjects of international law in practice.
International Red Cross, International Red Crescent, Subject of International Law, International Law Practices
Differences in the practice of binding international law in Southeast Asian countries: How will it affect the stability of law enforcement?
Differences in the practice of binding international law in a sovereign state have different forms which are based on various theories of international law. As a result, each country has different perceptions even in terms of law enforcement. The study uses the library research method where the author refers to legal journals and certain books as well as the opinions of experts. However, in practice, the author prefers to refer to journals and books, because the sources from journals and books can be accounted for. The author also cites sources that have been mentioned through footnotes or footnotes. This study aims to analyze different legal practices in binding international law in Southeast Asian countries and their impact on law enforcement.
How to Resolve the Overlapping Maritime Claims in International Law? Comparing Barbados Trinidad vs Tobago case and Indonesia-Malaysia Cases
Barbados and Republic of Trinidad and and Tobago are two statesthay facing each other andlocated in Carribian sea. Since along long time ago, these twostates often mixed up withdispute about maritimes boundaries or about the shing of each states, such as when the shing fron Barbados reputedinfringe the boundaries of Republic Trinidad and Tobago. Like this case above was often happened thay nally must be nished with helped by international law. Aswe know that in that Continental shelf with drawnmust 200 nm from the outer states boundaries, and both of them has claimed that they had been fallowed the rules, but thereare still happen an argue between them. How this dispute happened until reached the agreement, how the steps andhow the result of the agreement will be explained in this paper.
Barbados, Trinidad, Arbitration, International Law of the Seas, Maritime Claims
The Sovereignty of the Air Space and Its Protection in the Perspective of International Law: Some Aliens Intervention in Southeast Asian Countries
State sovereignty in international law is not a solution, in the international world as a legal entity that acts as a subject of international law. This also happens between one country or another, which can then be announced the deeds agreed to by each country are not appropriate, because they must be approved by the deeds of other countries or we can call it the Relativity of State.There are three thoughts in understanding the concept of state sovereignty over developing air space. The first is that air space cannot be used or used by anyone because in principle, the state does not have sovereignty. Secondly, special rights such as freedom of air that do not limit the height of the airspace boundary are obtained by the State of the Netherlands. And finally, the principle that the state has freedom of airspace, but there is a territory or territorial zone that gives certain rights to the under the state that can be implemented. This research has the purpose of being able to know and analyze how the regulation and accountability of the state in an effort to protect and maintain the country's sovereignty over air space viewed from the perspective of international law. The research method used in this study is the normative juridical library method, where this normative juridical research is a study using literature with primary data such as laws and regulations, the scientific work of scholars, as well as from several books. Then it will be explained or described in a deductive description supported by literature study. Based on the results of research and discussion, we can find out that the thinking on the concept of state sovereignty territory starts from the three theoretical ideas mentioned earlier. Then put together in international agreements as stated in the 1944 Chicago International Civil Aviation Convention especially the definition of state sovereignty over air space, paragraph 1 which reads "the contracting states recognize that every state has complication and exclusive sovereignty over the airspace above its territory". The state is fully responsible for the maintenance and protection of the country's sovereign territory over air space.