International Law Discourse in Southeast Asia最新文献

{"title":"Legal Framework for Addressing Sea Environmental Pollution: A Case Study of the Montara Oil Spill in East Timor","authors":"Brian Maulana Mahendra, Pao Thai Lien, Champo Khan Myat","doi":"10.15294/ildisea.v3i1.78887","DOIUrl":"https://doi.org/10.15294/ildisea.v3i1.78887","url":null,"abstract":"This paper examines the legal framework governing the resolution of sea environmental pollution, with a focus on the Montara Oil Spill incident in East Timor. Through a case study approach, it analyzes the international and domestic legal instruments and mechanisms relevant to addressing such environmental disasters. The paper explores the roles of various stakeholders, including governments, international organizations, and affected communities, in responding to and mitigating the impacts of the Montara Oil Spill. Additionally, it assesses the effectiveness of existing legal frameworks in holding responsible parties accountable and facilitating environmental restoration efforts. By synthesizing legal principles and practical insights from the Montara case, this paper contributes to the broader discourse on environmental law and policy, particularly in the context of sea pollution incidents.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"132 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140477172","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":"Ratification of the UN Anti-Corruption Convention: Legal and Political Implications in Indonesia and its Context within Southeast Asian International Law Discourse","authors":"Apriliana Rahma Nuraini, Edward Niel","doi":"10.15294/ildisea.v3i1.78888","DOIUrl":"https://doi.org/10.15294/ildisea.v3i1.78888","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"689 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140474524","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":"Indonesia vs. Malaysia: The Battle for Border Territory Resolved","authors":"Siti Ruhana, Tun Abdul Karim","doi":"10.15294/ildisea.v3i1.78889","DOIUrl":"https://doi.org/10.15294/ildisea.v3i1.78889","url":null,"abstract":"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. \u0000 ","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"351 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140475091","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":"Mechanisms for Addressing Space Debris from the Perspective of International Law","authors":"Nur Barokah Uswatun Khasanah, Marc Johan Atsawin","doi":"10.15294/ildisea.v3i1.78885","DOIUrl":"https://doi.org/10.15294/ildisea.v3i1.78885","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"8 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140477304","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":"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","authors":"Ayuk Nila Ratih, Hanityo Akbar Kusuma","doi":"10.15294/ildisea.v3i1.78886","DOIUrl":"https://doi.org/10.15294/ildisea.v3i1.78886","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140478602","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":"Interpol’s Efforts Against Human Trafficking by Non-Procedural Migrant Worker Networks in East Nusa Tenggara: Leveraging Legal Assistance Treaties","authors":"Layla Putri Aulya, Ridwan Arifin, Zaharuddin Sani Ahmah Sabri, Ngaboawaji Daniel Nte","doi":"10.15294/ildisea.v3i1.78884","DOIUrl":"https://doi.org/10.15294/ildisea.v3i1.78884","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"18 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140470593","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":"How to Resolve the Overlapping Maritime Claims in International Law? Comparing Barbados Trinidad vs Tobago case and Indonesia-Malaysia Cases","authors":"Arif Ramadhan, Mohammad Abdul Latief Kareem","doi":"10.15294/ildisea.v1i2.58392","DOIUrl":"https://doi.org/10.15294/ildisea.v1i2.58392","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116384525","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":"North Korea’s Nuclear Weapons Development: The Impact for International Security and Stability","authors":"Aprilia Putri Adiningsih, N. D. Nte","doi":"10.15294/ildisea.v1i2.58398","DOIUrl":"https://doi.org/10.15294/ildisea.v1i2.58398","url":null,"abstract":"The development of nuclear weapons today is in many cases one of the threats of future wars. In fact, the development of this weapon is considered to be able to disrupt international stability and security. Nuclear weapons have developed since World War II, which destroyed Hiroshima and Nagasaki in 1945. Until now, several countries are still competing to develop nuclear weapons. Nuclear weapons are weapons that get power from nuclear reactions and have tremendous destructive power, a nuclear bomb can destroy a city. Countries that have nuclear weapons include the United States, Russia, Britain, France, China, India, North Korea, and Pakistan. Nuclear weapons can become weapons of mass destruction which of course threaten the stability of international security. As one of the nuclear-armed countries, North Korea is modernizing the country by focusing its strength on the planning economy, heavy industry, and military development. This study aims to analyze the development of North Korea's nuclear weapons in the context of international stability and security and its impact on international law enforcement, especially in the region of Southeast Asian countries.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129334668","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":"Framework for the Implementation of the UN Guiding Principles on Business and Human Rights for the Protection of Women's Rights in Business Activities in Indonesia","authors":"Nurul Fatimah Khasbullah","doi":"10.15294/ildisea.v1i2.58363","DOIUrl":"https://doi.org/10.15294/ildisea.v1i2.58363","url":null,"abstract":"The UN Guiding Principles on Business and Human Rights (UNGPs) is adopted as the first international instrument that provides answer to the long debate on whether or not a business has human rights responsibilities. Although the state and business have different responsibilities towards the fulfillment of human rights in business activities, the UNGPs emphasizes the urgency of a gender dimension for all stakeholders in implementing its principles. The purpose of this study is to describe the responsibilities of business actors in implementing the gender dimensions of the UNGPs and to examine its application in Indonesia. The research uses a normative juridical method with a descriptive analytical and statue approach. The result of the study shows that the adoption of the UNGPs has been carried out in Indonesia through the National Action Plan for Human Rights with women as one of the focus groups. However, the implementation has not comprehensively complied with the overall gender perspective in the UNGPs principles.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121208191","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":"Differences in the practice of binding international law in Southeast Asian countries: How will it affect the stability of law enforcement?","authors":"A. Joseph, Nur Shivana, Layina Shaiza","doi":"10.15294/ildisea.v1i2.58385","DOIUrl":"https://doi.org/10.15294/ildisea.v1i2.58385","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124642866","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}