{"title":"The Urgency of Handling Illegal, Unreported and Unregulated Fishing in the Indonesian Border Region Perspective: Marine Security in the Makassar Strait","authors":"Yulia Hasan, Siti Nurbaiti, Abd. Haris Hamid","doi":"10.23920/pjil.v8i1.1622","DOIUrl":"https://doi.org/10.23920/pjil.v8i1.1622","url":null,"abstract":"ASEAN Outlook on Indo-Pacific (AOIP) plays a role in maintaining peace, security, stability and prosperity in the Asia Pacific and Indian Ocean (Indo-Pacific) region. However, due to common and competing interests, there are still conflicts in the region's implementation. Maritime security cooperation, which includes addressing illegal, unreported, and unregulated (IUU) fishing, is one of the most important issues in the ASEAN region. The research intends to examine law enforcement against IUU violations in the ASEAN region, as well as the consequences of IUU violations by ASEAN countries on waters in the Makassar Strait. This is a qualitative study that employs a normative-empirical approach. The first problem is analyzed using the normative aspect, which is based on international and national law on ASEAN agreements on IUU, law enforcement, and other issues. While the empirical aspect is used to analyze the second problem through in-depth interviews about Makassar Strait water supervision and law enforcement. Based on the research findings, IUU law enforcement in the ASEAN Region must be carried out firmly to parties that threaten security and stability in the ASEAN Region, as outlined in each agreement participant's national law. Meanwhile, the legal consequences of IUU violations in the ASEAN Region have an impact on the security and stability of the waters of the Makassar Strait.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"15 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140368675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Human Rights in the Distribution of Vaccines Against Civilians According to International Law: An Analysis of Human Rights Problems in the Acceptance of Vaccines COVID-19 in Philippines","authors":"Arivania Shafa Nursabila, Ruri Rifana","doi":"10.23920/pjil.v8i1.1388","DOIUrl":"https://doi.org/10.23920/pjil.v8i1.1388","url":null,"abstract":"In an effort to boost the Philippines' economic recovery amidst the COVID-19 pandemic, the government made the decision in January 2022 to allow foreign tourists to enter the country without the need for quarantine, as long as they can provide proof of vaccination. However, some Filipinos have expressed discontent with this choice, as unvaccinated individuals continue to face travel difficulties. Addressing this issue, President Rodrigo Duterte has warned that those who choose not to get vaccinated and violate stay-at-home orders may face arrest. Extensive analysis and literature review have revealed that vaccination is a communal right. While the decision to receive a vaccine is a personal choice, legal principles dictate that every individual has the right to choose what substances are introduced into their body. However, in cases where there is a high risk of contagion, such as with Covid-19, governments may mandate the distribution of vaccines for public safety. This conclusion is based on an evaluation of international legal instruments, including the UDHR, ICCPR, ICESCR, and others.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"59 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140365102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Armed Conflict in Ukraine: Use of Force, Prosecution, and Complicity","authors":"M. Nursabrina","doi":"10.23920/pjil.v6i2.1309","DOIUrl":"https://doi.org/10.23920/pjil.v6i2.1309","url":null,"abstract":"In the early hours of Thursday, 24 February 2022, President Vladimir Putin addressed the Russian people and declared to the world that Russia has decided to commence a “special military operation” against Ukraine. Shortly afterwards, the Russian military entered Ukrainian territory from many parts of the country. The conflict has resulted in heavy casualties, especially within the Ukrainians. The international community has condemned the invasion, stating that it violates Ukraine’s territorial integrity and sovereignty, and it’s contrary to the principles embodied in the Charter of the United Nations (UN Charter). The North Atlantic Council has also identified the attack as “a grave violation of international law, including the UN Charter. \u0000In the wake of protests sounded by the international community, Russia has continued to oppose such arguments. As a preliminary analysis, it is evident that Russia’s actions against Ukraine consist of elements of force. Rather than denying the allegations, Russia has justified its use of force by referring to principles of international law. This paper examines a brief background of the Russo-Ukrainian conflict, Russia’s and Ukraine’s justifications in the war, the possible prosecution of high-ranking Russian officials in potential fora’s, and also Belarus’ involvement in the conflict. While this paper finds that Russia’s justifications for their invasion are unlawful and invokes their responsibility, there are obstacles in prosecuting the crimes. It also considers that Belarus is responsible for their involvement.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115660310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Artemis Base Camp and Exploitation of Outer Space: Problems and The Needs of Legal Framework","authors":"I. Handayani, Annisa Juliana, Garry Gumelar","doi":"10.23920/pjil.v7i1.1335","DOIUrl":"https://doi.org/10.23920/pjil.v7i1.1335","url":null,"abstract":"NASA introduced the Artemis Program in 2017, consisting of several missions, such as establishing a permanent outpost called Artemis Base Camp and exercising commercial and non-commercial exploitation on the Moon. For the program to be carried out properly, the United States established a series of bilateral agreements with other countries, namely the Artemis Accords. One of the functions of the Accords is as the supporting legal instrument for the implementation of the Artemis Program. However, its implementation raised several legal problems related to the legality of establishing Artemis Base Camp and violations of the basic principles of space law related to activities. This paper will specifically discuss the legal issues arising from using the Artemis Accords as one of the supporting legal bases for the two Artemis Program activities, according to space law. This article argues that Artemis Base Camp falls within the definition of a station explained in the Outer Space Treaty and the Moon Agreement. Then, the construction does not violate the principle of non-appropriation in Article II of the Outer Space Treaty because it does not fulfill the three main components of appropriation activities. Although establishing the Artemis Base Camp and exploiting lunar resources for non-commercial purposes is permitted, a basic legal framework still needs to be established to regulate permanent outposts and the exploitation of lunar resource activities. A specific legal framework is needed to avoid multiple interpretations leading to legal uncertainty.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127612130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Puti Ayla Zafira Adriansyah, R. A. Gusman Catur Siswandi, S.H., LL.M., PhD, Imam Mulyana, S.H., M.H., Ph.D
{"title":"The Role of the Paris Agreement in Ensuring Compliance with the CBDR-RC Principle through the Compliance Mechanism","authors":"Puti Ayla Zafira Adriansyah, R. A. Gusman Catur Siswandi, S.H., LL.M., PhD, Imam Mulyana, S.H., M.H., Ph.D","doi":"10.23920/pjil.v7i1.1324","DOIUrl":"https://doi.org/10.23920/pjil.v7i1.1324","url":null,"abstract":"The current high of GHG emissions are proofs that states still have differing views in placing climate change as their priority scale. As a response, states agreed to create a legal instrument that can control their efforts in tackling the problems. The Paris Agreement is one of the climate change agreements that formed on the basis of voluntary contributions. Paris Agreement use the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) as the ground norm of the Agreement’s implementation. The principle allows member states to determine their own targets and efforts to reduce the emissions in national and global level. However, the principle poses a challenge to the Agreement because it could lead to non-compliance by the member states and reduce their ambition to achieve net-zero emission targets. In addition, the question arises as to how international law can encourage compliance with the CBDR-RC principle and what efforts are made to achieve effective implementation. This article is expected to provide an understanding of the role of international law in accommodating the dynamics of the CBDR-RC principle in the context of climate change. This article will focus on discussing the role of international law in the compliance process of member states and its relation to compliance mechanisms as an effort to encourage the implementation of CBDR-RC principle. The results indicate that the principle can encourage member states to comply by filling the gap in the Paris Agreement. Therefore, compliance mechanisms are needed to achieve effective implementation of the principles.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134639795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reconstructing Economic Self-Determination from the Third World Approach to International Law","authors":"M. A. Aiyub Kadir","doi":"10.23920/pjil.v7i1.1103","DOIUrl":"https://doi.org/10.23920/pjil.v7i1.1103","url":null,"abstract":"International Law governing the relationship between states has been considered failed in reformatting the principle of economic self-determination (ESD) as a continual link of political self-determination in the post decolonisation era. Such situation has placed the principle to be a vague concept in terms of its meaning and application in current international law. Such situation has contributed to continual economic dependency of the Third World (TW) states on the first world as considered the more developed states. TW states face difficulty to develop their argument to demonstrate people national interest in current international economic context. Having utilised doctrinal and TWAIL approach, this paper argues that there has been a potential meaning of ESD which can be developed from fragmentation of documents in international law, particularly in the United Nations General Assembly Resolutions (UNGA resolutions), the Law of State Succession and the International Human Rights law. This meaning then shapes the fragmented sources to be a principle for TW to be used in their international economic relation, particularly in settling economic dispute relations with Western states.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114654903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
B. L. Christyanti, D. Christianti, Chloryne Trie, Isana Dewi, M. M. E. Zeidy
{"title":"The Reversed Implementation of the ICC’s Principle of Complementarity: Case Study of Argentina Investigation for Rohingyas","authors":"B. L. Christyanti, D. Christianti, Chloryne Trie, Isana Dewi, M. M. E. Zeidy","doi":"10.23920/pjil.v7i1.965","DOIUrl":"https://doi.org/10.23920/pjil.v7i1.965","url":null,"abstract":"Complementarity is the basic principle of the ICC’s jurisdiction. As a fundamental principle, it harmonizes the relationship between ICC and National Courts. The Rome Statute clearly states that the ICC is complementary to national courts. However, in the case of Rohingya, the Argentine Lower Court applied this principle in reverse by rejecting the investigation, requested by the Burmese Rohingya Organization UK under universal jurisdiction, for the case of Rohingya since the ICC had already investigated a similar case. This paper seeks to answer whether the ICC’s complementarity principle can be applied in reverse, as decided by the Argentine Lower Court, according to international law. A juridical normative research method will be used to address these issues. In addition, the recognized principles of interpretation in international law will be used to enrich the meaning of the ICC’s complementarity. Based on the analysis, it is obvious that, according to international law, the complementarity cannot be applied in reverse, even by states parties to the Rome Statute. According to the Rome Statute's provisions, every State is required to exercise criminal jurisdiction over persons responsible for international crimes. For this reason, this paper strengthens the arguments for the Argentine Appeal Court to overturn the Lower Court’s decision and reopen the investigation into the case.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121169850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Development of Financial Obligation Assistance in Inter-State Relations Regarding Environmental Protection: a Review of The Paris Agreement 2015","authors":"Azka Zuhaida, Asry M. Alkazahfa","doi":"10.23920/pjil.v7i1.1123","DOIUrl":"https://doi.org/10.23920/pjil.v7i1.1123","url":null,"abstract":"Abstract \u0000The increasing global environmental issues affect how countries view international environmental policy. This insists countries carry out joint international responsibility on environmental law issues which later developed as Common but Differentiated Responsibility and Respective Capabilities principle (Principle of CDR-RC). The implementation of the principle should be seen as the aspect of financial assistance from developed countries to developing countries in the Paris Agreement 2015. This research aims to determine the development of the relation-interaction of the financial assistance between developed countries and developing countries in the context of international environmental law, especially regarding climate change issues as well as the obligation and financial mechanism in the Paris Agreement 2015. The result shows a development of universal responsibility into a shared international responsibility in overcoming climate change issues. Several different principles in each international instrument affect relation-interaction and financial assistance. Furthermore, the financial assistance is regulated in detail in Article 9 of the Paris Agreement 2015 with financial mechanisms referred to the United Nations Framework Convention on Climate Change (UNFCCC). \u0000Keywords: financial assistance, developed and developing countries, Paris Agreement 2015","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121038302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fisheries Conservation and Marine Protected Area Establishment in Indonesia","authors":"Davina Oktivana","doi":"10.23920/pjil.v7i1.1202","DOIUrl":"https://doi.org/10.23920/pjil.v7i1.1202","url":null,"abstract":"Marine protected areas (MPAs) aim to protect marine ecosystems or habitats within ecologically meaningful boundaries. MPAs are based on the combination of the conservation of marine living resources and the protection of marine habitats or ecosystems. The objective of MPA is to balance diverse societal objectives by taking into account the knowledge and uncertainties about biotic, abiotic, and human components of ecosystems and their interactions and applying an integrated approach to fisheries within eco-relevant boundaries in an integrated manner. The traditional approach provided in 1982 LOCS (zonal management approach and species-based approach) needs to be revised to be implemented under the MPA concept to achieve MPA objectives. In comparison, the ecosystem-based and precautionary approaches are ideally suited to be applied with MPA conception. The most prominent feature of the precautionary approach is scientific evidence, which is essential for establishing a protected area. \u0000This paper is a review of Indonesia's implementation to achieve sustainable fisheries, particularly the environmental aspect. Particular attention must be given to the fact that there is no correlation between Indonesian MPAs and IFMAs. The RPJMN focuses on capture fish that take into account the MSY value and eliminate the constraints by strengthening management and institutionalization of IFMAs, optimizing fishery productivity, and harmonizing marine spatial planning, particularly in the coastal areas and small islands. This paper also discusses the impact of Indonesian maritime zones on the environment and marine areas. The results of the report show that Indonesian marine zones are vulnerable to IUUF, especially in the Natuna Sea, and the enforcement of the Indonesian laws and regulations focused on the IUFF could be better, but it can also be used to protect the violation in conservation areas. MMAF Regulation 22/2021 can be considered as one aspect required in EAFM to provide scientific evidence (TAC and MSY level) that enables sustainable development in fisheries.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122946010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A “Ticking Bomb” Named FSO Safer: Environmental Impact and State Responsibility under the View of International Law of the Sea","authors":"Gregory Joshua Manogar","doi":"10.23920/pjil.v6i2.997","DOIUrl":"https://doi.org/10.23920/pjil.v6i2.997","url":null,"abstract":"Oil spill is known as one of many common environmental disasters. Many oil spill disasters have cost countries and companies around the world huge amount of losses, and most importantly severe environmental damage which is not recoverable. Currently, one of Yemeni ships named FSO Safer is trapped and stranded around 5 miles from the outer coast of Yemen. The ship is carrying around 1 million barrels of crude oil in its storage, unfortunately the ship is currently in a poor condition and unstable, which may cause the largest super tanker oil spill disaster in the history, even worse than the Exxon Valdez disaster. Countries around the world including UN Members are looking for an immediate alternative to mitigate the disaster, as the Yemeni Government is currently in an armed conflict with the Houthi and have a very limited resource. This paper will analyze, which country will be affected by this imminent peril, who shall be responsible for the disaster and whether an exceptional circumstance that surrounds Yemen Government may discharge them for their responsibility as a state. This paper found that, this imminent disaster, will affect most of the countries located in the area of Red Sea, and the responsibility to deal with this imminent disaster are attached to all the affected countries under the UNCLOS 1982, including Yemen without any exception. An international movement initiated by the UN and Yemen Government itself must act immediately to prevent the disaster.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124079472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}