Padjadjaran Journal of International Law最新文献_第2页

Implementing the Interpretation of Article 121 Paragraph (3) of the UNCLOS Conducted by The Permanent Court of Arbitration towards Sekatung Island as a Maritime Feature in Indonesia-Vietnam’s Maritime Delimitation Negotiation 在印尼-越南海洋划界谈判中，落实常设仲裁法院对《公约》第121条第3款的解释

Padjadjaran Journal of International Law Pub Date : 2022-08-09 DOI: 10.23920/pjil.v6i2.998

Btariany Anindita

{"title":"Implementing the Interpretation of Article 121 Paragraph (3) of the UNCLOS Conducted by The Permanent Court of Arbitration towards Sekatung Island as a Maritime Feature in Indonesia-Vietnam’s Maritime Delimitation Negotiation","authors":"Btariany Anindita","doi":"10.23920/pjil.v6i2.998","DOIUrl":"https://doi.org/10.23920/pjil.v6i2.998","url":null,"abstract":"Indonesia’s government is conducting a maritime delimitation negotiation with Vietnam since 2021 discussing the delimitation of the EEZ. According to a method of delimitation, determining the status of a maritime feature is one of many vital points to be discussed during a delimitation negotiation. Sekatung Island, a small island belongs to Indonesia, which located between Indonesia and Vietnam has a vital part to determine the width of Indonesia’s EEZ. Article 121 paragraph (3) of the UNCLOS is the main legal basis to determine the legal status of Sekatung Island. Aforementioned Article has been interpreted by the Permanent Court of Arbitration in the South China Sea Arbitral Award. In summary, the PCA declared maritime features must have the natural capacity to sustain human habitation and economic life of their own, based on historic evidences, in order to determine such features as fully entitled island with up to 200 nautical miles of EEZ and continental shelf. The purpose of this article is to give a point of view for Indonesia’s government regarding the deficiency of such interpretation by the PCA which may leads to disadvantaging Indonesia’s position during delimitation negotiation, if in any case the government would implement such interpretation to determine the legal status of Sekatung Island. \u0000 \u0000Keywords: South China Sea Arbitral Award, Rocks, UNCLOS, maritime delimitation","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"94 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":"132054624","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}

引用次数: 0

Indonesian Legal Perspectives on International Maritime Transport of Ultrahazardous Radioactive Materials at Sea 印度尼西亚对国际海上运输超危险放射性物质的法律观点

Padjadjaran Journal of International Law Pub Date : 2022-08-08 DOI: 10.23920/pjil.v5i2.991

Garry Gumelar Pratama, Ratu Rikfi Ismuha

{"title":"Indonesian Legal Perspectives on International Maritime Transport of Ultrahazardous Radioactive Materials at Sea","authors":"Garry Gumelar Pratama, Ratu Rikfi Ismuha","doi":"10.23920/pjil.v5i2.991","DOIUrl":"https://doi.org/10.23920/pjil.v5i2.991","url":null,"abstract":"In 1992, the voyage of the Akatsuki Maru from France to Japan showed the practice in the sea transport of ultrahazardous radioactive materials. The voyage route was nearly around one-half of the planet earth and passed through many countries. Although many countries have openly protested, the vessel has continued because the ship has international navigational rights under UNCLOS 1982. This paper attempts to research international regulations concerning the legal regime governing safety in the sea transport of ultrahazardous radioactive materials in UNCLOS 1982, MARPOL 73/78, SOLAS 1974, PPNM 1980, SCTW 1978, and Indonesia’s national laws and regulations concerning this matter. This research uses normative approach and analysis descriptive methods that is based on international conventions, Indonesia’s national laws and regulations related to the safety of ultrahazardous radioactive materials shipment. The result of this research shows that the legal regime governing safety in the sea transport of ultrahazardous radioactive materials is not yet adequate, because it is partially regulated. However, Indonesia has attempted to harmonize international regulations and Indonesia’s national laws concerning the safety navigation of transport of ultrahazardous radioactive materials.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116553365","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}

引用次数: 0

Aegean Sea Issue Urgency on Maritime Jurisdiction and Territorial water extension between Turkey and Greece 爱琴海问题:土耳其和希腊之间海事管辖权和领海扩展的紧迫性

Padjadjaran Journal of International Law Pub Date : 2022-08-08 DOI: 10.23920/pjil.v6i2.993

Tobias Binsar

{"title":"Aegean Sea Issue Urgency on Maritime Jurisdiction and Territorial water extension between Turkey and Greece","authors":"Tobias Binsar","doi":"10.23920/pjil.v6i2.993","DOIUrl":"https://doi.org/10.23920/pjil.v6i2.993","url":null,"abstract":"The Aegean sea issue is a long case that first occurred in 1950, the main issue of this case revolves on the geographical condition that has led Turkey and Greece on fighting over supremacy to take control of the Aegean sea area. The issue of both Turkey and Greece has earlier been submitted to the ICJ however, its lack of jurisdiction causes the issue itself to remain unresolved. In 2020 Greece has stated that they are looking forward to extending their territorial waters, the statement itself might become a big issue for Turkey and has further proved the urgency of actual maritime jurisdiction and real resolution towards the Aegean sea issue. The goal of this research is to clarify and find a resolution that can be used under the situation of the Aegean sea issue in both international legal theory and practice. Apart from giving clarification of possible and available Legal instruments and theories, this research will also elaborate even further on why Territorial water extension by Greece would call for an urgency, especially for Turkey. This research revealed that UNCLOS as an International law instrument still have some issues in practice of a unique circumstances issue like the Aegean Sea, and shows that in its practice both Turkey and Greece must have a good will intention to fully resolve the issue of Aegean sea to draw an end line to the long lasting issue of maritime jurisdiction over its territorial sea.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122810195","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}

引用次数: 0

POTENTIAL OF ENVIRONMENTAL TRANSBOUNDARY HARM CAUSED BY GENETIC MODIFIED ORGANISM AS MECHANISM FOR BIOREMEDIATION: A CASE STUDY IN CORAL TRIANGLE BIODIVERSITY HOTSPOT 转基因生物跨界环境危害作为生物修复机制的潜力——以珊瑚三角区生物多样性热点地区为例

Padjadjaran Journal of International Law Pub Date : 2022-08-07 DOI: 10.23920/pjil.v6i1.992

Rahmadhitya M Putra

{"title":"POTENTIAL OF ENVIRONMENTAL TRANSBOUNDARY HARM CAUSED BY GENETIC MODIFIED ORGANISM AS MECHANISM FOR BIOREMEDIATION: A CASE STUDY IN CORAL TRIANGLE BIODIVERSITY HOTSPOT","authors":"Rahmadhitya M Putra","doi":"10.23920/pjil.v6i1.992","DOIUrl":"https://doi.org/10.23920/pjil.v6i1.992","url":null,"abstract":"Biotechnology was introduced to the world of industries in the early 2000s. Its profound impact has continued shaping the mechanism of environmental clean-up. The development of biotechnology has received a wide variety of attention. Hence, bioremediation becomes integral to the notion of sustainability for environment quality. Especially, within oil & gas sector the damage can be substantial towards the environment longevity. Specifically, one of the most monumental in terms of potential harm is offshore oil & gas operations. On the other hand, the sophistication within oil & gas sector has become a rapid development over the last few years. It’s based on fact the oil & gas ought to be drilled deeper within the ocean floor. As the depth of drilling increase, so does the complexity of the oil composition. With this, regular bioremediation mechanism might not be able to handle the structural chemical complexity. Thus, a genetic modification appeared as the most efficient effort to reduce environmental damage and strike out the oil chemical complexity. However, it’s easier said than done. This because ethically, the modification potentially could harm the natural environment. Not just nationally but also transboundary. Therefore, the issue also discusses a new area of multidisciplinary approach where expected law meets an unprecedented amount of scientific efficiency. \u0000 \u0000 ","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121366901","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}

引用次数: 0

TERRORISM AS CORE INTERNATIONAL CRIMES : THE CASE OF FOREIGN TERRORIST FIGHTER (FTF) OF ISLAMIC STATE OF IRAQ AND SYRIA (ISIS) 作为核心国际犯罪的恐怖主义:伊拉克和叙利亚伊斯兰国(isis)外国恐怖主义战斗人员(ftf)案例

Padjadjaran Journal of International Law Pub Date : 2022-08-07 DOI: 10.23920/pjil.v6i1.996

Angela Jessica Desmonda, Diajeng Wulan Christianti

{"title":"TERRORISM AS CORE INTERNATIONAL CRIMES : THE CASE OF FOREIGN TERRORIST FIGHTER (FTF) OF ISLAMIC STATE OF IRAQ AND SYRIA (ISIS)","authors":"Angela Jessica Desmonda, Diajeng Wulan Christianti","doi":"10.23920/pjil.v6i1.996","DOIUrl":"https://doi.org/10.23920/pjil.v6i1.996","url":null,"abstract":"Since it had established a caliphate in 2014, Islamic State of Iraq and Syria (ISIS) continued to threaten the international peace and security by attacking and killing civilians. ISIS foreign terrorist fighters (FTFs) are ISIS members who have combat functions. Altough it is a serious crime, terrorism has not yet been recognized as a stand-alone core international crimes according to customary international law. The fact that ISIS is referred to as a terrorist groups, not a state-entity, has also raised a question of whether ISIS FTFs can only be prosecuted for committing terrorism related offences. This paper argues that terrorism acts by ISIS FTFs can fit the element of the existing core international crimes such as crimes against humanity, war crimes and genocide To this end, this paper elaborates the most common offences committed by ISIS FTFs and analyses element of each of core international crimes. This paper concludes that ISIS FTFs should be held liable for those core international crimes and prosecuted before national and international criminal court accordingly. ","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116557155","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}

引用次数: 1

INDONESIAN LEGAL PERSPECTIVES ON INTERNATIONAL MARITIME TRANSPORT OF ULTRAHAZARDOUS RADIOACTIVE MATERIALS AT SEA 印度尼西亚对海上超危险放射性物质国际海上运输的法律观点

Padjadjaran Journal of International Law Pub Date : 2022-08-05 DOI: 10.23920/pjil.v5i2.990

Ratu Rifki Ismuha, Garry Gumelar Pratama

{"title":"INDONESIAN LEGAL PERSPECTIVES ON INTERNATIONAL MARITIME TRANSPORT OF ULTRAHAZARDOUS RADIOACTIVE MATERIALS AT SEA","authors":"Ratu Rifki Ismuha, Garry Gumelar Pratama","doi":"10.23920/pjil.v5i2.990","DOIUrl":"https://doi.org/10.23920/pjil.v5i2.990","url":null,"abstract":"In 1992, the voyage of the Akatsuki Maru from France to Japan showed the practice in the sea transport of ultrahazardous radioactive materials. The voyage route was nearly around one-half of the planet earth and passed through many countries. Although many countries have openly protested, the vessel has continued because the ship has international navigational rights under UNCLOS 1982. This paper attempts to research international regulations concerning the legal regime governing safety in the sea transport of ultrahazardous radioactive materials in UNCLOS 1982, MARPOL 73/78, SOLAS 1974, PPNM 1980, SCTW 1978, and Indonesia’s national laws and regulations concerning this matter. This research uses normative approach and analysis descriptive methods that is based on international conventions, Indonesia’s national laws and regulations related to the safety of ultrahazardous radioactive materials shipment. The result of this research shows that the legal regime governing safety in the sea transport of ultrahazardous radioactive materials is not yet adequate, because it is partially regulated. However, Indonesia has attempted to harmonize international regulations and Indonesia’s national laws concerning the safety navigation of transport of ultrahazardous radioactive materials.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116241670","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}

引用次数: 0

IS THE AICHR AN UNWANTED HUMAN RIGHTS BODY IN THE ASEAN? THE ANSWER FROM THE INTERNATIONAL ORGANIZATIONAL LAW PERSPECTIVE 亚洲人权委员会是东盟不受欢迎的人权机构吗?答案来自国际组织法的视角

Padjadjaran Journal of International Law Pub Date : 2022-08-04 DOI: 10.23920/pjil.v6i1.814

Rachminawati

{"title":"IS THE AICHR AN UNWANTED HUMAN RIGHTS BODY IN THE ASEAN? THE ANSWER FROM THE INTERNATIONAL ORGANIZATIONAL LAW PERSPECTIVE","authors":"Rachminawati","doi":"10.23920/pjil.v6i1.814","DOIUrl":"https://doi.org/10.23920/pjil.v6i1.814","url":null,"abstract":"The AICHR is a remarkable achievements of ASEAN after having the ASEAN Charter in 2007. However, since the TOR of AICHR has a serious institutional defect that makes the AICHR unable to protect peoples’ human rights, the AICHR could not be act as a human rights guardian in the region. It leads to the question whether the ASEAN and its member states want the body to be established to protect the people in the region? The answer to this question is important to figure out the future human rights mechanisms in the region. The question will be addressed through qualitative and normative legal research. Field research was conducted to resolve some questions that are not provided in the literature to enrich the understanding on the topic from the ASEAN elites, practioner, and academicians. It finds that The institutional defect and less political support showed that ASEAN and its member states do not want to have a reliable regional human rights mechanism. However, it finds that there was an evolutionary approach that has been conducted by the AICHR despite that situation to promote human rights in the region. The study suggests the AICHR to use strong words of the TOR and the ASEAN Charter to enhance their performance and reliability. A new approach for human rights mechanisms that sets in a formal way; under a legal-binding instrument are more favorable. Therefore, if the AICHR show that characteristic, it will be supported by the ASEAN and its member states.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128125277","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}

引用次数: 0

ENSURING ACCOUNTABILITY FOR THE JUNTA CRIMES AGAINST HUMANITY VIOLATION IN MYANMAR: USAGE OF THE ROME STATUTE AND POSSIBLE INVOLVEMENT OF THE UNSC VIA UNSCR REFERRAL 确保对缅甸军政府危害人类罪的问责:《罗马规约》的使用以及联合国安理会通过联合国安理会转介可能的介入

Padjadjaran Journal of International Law Pub Date : 2022-08-04 DOI: 10.23920/pjil.v6i1.740

Mohamad Dafiryan

引用次数: 0

Indonesia’s Approach to International Treaties 印度尼西亚对国际条约的态度

Padjadjaran Journal of International Law Pub Date : 2022-08-04 DOI: 10.23920/pjil.v6i2.915

Atip Latipulhayat, Susi Dwi Harijanti

{"title":"Indonesia’s Approach to International Treaties","authors":"Atip Latipulhayat, Susi Dwi Harijanti","doi":"10.23920/pjil.v6i2.915","DOIUrl":"https://doi.org/10.23920/pjil.v6i2.915","url":null,"abstract":"The relation and interaction between international and domestic law is one of the classic issues in international and it controversy remains in the realm of theory and practice. This is an issue of which many generations of both international and constitutional lawyers have wrestled, are wrestling and will continue to wrestle. For the Indonesian context, this issue is also still far from clear. The Indonesian Constitution of 1945 stipulates that the President of the Republic of Indonesia has the authority to conclude treaties with other countries. However, it does not clearly and specifically govern the status and position of international treaties under the Constitution. As a result, the Indonesian approach to international treaty is rather pragmatic, which is susceptible to some inconsistencies. It can be seen for instance in several decisions of the Indonesian Constitutional Court that clearly demonstrates the ambiguity towards international treaty. The Indonesian Parliament (DPR) argues that Indonesia should put emphasize to the national interests when Indonesia concluded international treaties. For a certain extent this approach is vulnerable to disregard international obligations in the name of national interests. There are some legislation for instance in the field of trade, which contains national interests clause that potentially will put Indonesia as the party that disregards its international obligations. This paper argues that national interests and international obligations are mutually inclusive, and not mutually exclusive element. To this end, international treaties should have a clear status and position under the Indonesian constitution to ensure that national interest and international obligation are working in harmony.","PeriodicalId":177191,"journal":{"name":"Padjadjaran Journal of International Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114781595","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}

引用次数: 1

THE PROSPECT OF INTERPLANETARY MISSION: ARE WE READY? 行星际任务的前景:我们准备好了吗?

Padjadjaran Journal of International Law Pub Date : 2022-08-04 DOI: 10.23920/pjil.v6i1.821

Taufik Rachmat Nugraha

引用次数: 0