International Law Discourse in Southeast Asia最新文献

{"title":"The Sovereignty of the Air Space and Its Protection in the Perspective of International Law: Some Aliens Intervention in Southeast Asian Countries","authors":"Hafizh Siraji","doi":"10.15294/ildisea.v1i2.58397","DOIUrl":"https://doi.org/10.15294/ildisea.v1i2.58397","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"5 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":"116181698","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":"International Committee of Red Cross versus International Red Crescent: The Recent Practices as Subject International Law","authors":"Ridwan Arifin, Zaeda Zulfa, Dhanny Saraswati","doi":"10.15294/ildisea.v1i2.58375","DOIUrl":"https://doi.org/10.15294/ildisea.v1i2.58375","url":null,"abstract":"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.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"24 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":"127651031","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 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.","authors":"Muhammad Priyambodo","doi":"10.15294/ildisea.v1i1.56886","DOIUrl":"https://doi.org/10.15294/ildisea.v1i1.56886","url":null,"abstract":"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. \u0000 ","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"33 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":"123943424","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":"International Refugees in The Protection of Human Rights: A Discourse of International Humanitarian Law and Human Rights Law","authors":"S. Supriyadi","doi":"10.15294/ildisea.v1i1.56872","DOIUrl":"https://doi.org/10.15294/ildisea.v1i1.56872","url":null,"abstract":"Refugees are defined as people who are due to a reasonable fear of persecution, caused by reasons of race, religion, nationality, membership in certain social groups and political parties, are outside their nationality and do not want protection from the country. When refugees leave their home country or residence, they leave their lives, homes, possessions and family. The refugees cannot be protected by their home country because they are forced to leave their country. Therefore, protection and assistance to them is the responsibility of the international community. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriated by force, those lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance Convention related to Status of Refugee 1951 and The Protocol related to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non refoulement), the right to seek asylum, the right to obtain equality and non-discrimination, the right to live and to be secured, as well as the right to return home.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"465 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124076340","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":"General Review of Legal Relations and Responsibility of Carriers in Sea Transportation","authors":"Leyla Maulinasari","doi":"10.15294/ildisea.v1i1.56868","DOIUrl":"https://doi.org/10.15294/ildisea.v1i1.56868","url":null,"abstract":"The issues raised in this journal are about how the responsibility of the carrier in the implementation of the transport of goods through water transport, especially sea transportation. This is intended to determine the role that must be done by the carrier in the transportation process in order to achieve the maximum goal. This study also describes how the legal relationship between the carrier and the user of the freight service so that both parties can bind each other in the process of transportation so that there is no loss or other undesirable things. It can be deduced that in a transport of goods carried by the carrier through water transport is the responsibility of the carrier if someday there is a loss or bad things during the transportation process. Therefore, it is necessary full sense of responsibility from the carrier and also the legal relationship between the carrier and the user of the transport service to ensure the safety of the goods he was transporting until the goods arrived at the destination. There should also be a loss if an accident is found on the goods being transported.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128642363","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":"Cyber Espionage in National and Global Perspective: How Indonesia Deal with this issue?","authors":"M. Dewi","doi":"10.15294/ildisea.v1i1.56874","DOIUrl":"https://doi.org/10.15294/ildisea.v1i1.56874","url":null,"abstract":"Cyber Crime is the most frightening crime in today's technological developments. Attacks that do not know the target and time for a particular purpose. The privacy of a person or institution can be threatened by cyber crime. Mobile technology and supported by adequate communication network facilities turn a positive image into a dilemma. Someone should in dealing with it keep thinking positive. Increasing self-awareness and acting ethically will not result in something fatal. Any excessive action can backfire. Increasing knowledge in the use of technology is very necessary. Mobilization that is too widespread makes it easier to access information. Cyber crime will not happen if we do not do strange and disturbing things.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131048260","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":"Analysis of the Palestinian and Israeli Conflict in the Perspective of International Humanitarian Law","authors":"Tri Mahwati, A. Nanda","doi":"10.15294/ildisea.v1i1.56873","DOIUrl":"https://doi.org/10.15294/ildisea.v1i1.56873","url":null,"abstract":"The conflict between Israel and Palestine to this day continues. Many studies even reveal that the conflict between Israel and Palestine is not only related to religious ideology and belief but also related to legal aspects, especially international law. This study aims to analyze the Israeli-Palestinian conflict from the point of view of International Humanitarian Law. This study finds and confirms that International Humanitarian Law can be used optimally in providing protection for civilians in times of armed conflict. However, several other related studies found that there were many violations of human rights in Palestine by the Israeli army, especially against civilians. This of course violates basic conventions on human rights and other rules of international law.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133470991","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":"Legal Personality of ASEAN as the Subject of International Law: Contemporary Developments","authors":"Dhezya Pandu Satesna","doi":"10.15294/ildisea.v1i1.56871","DOIUrl":"https://doi.org/10.15294/ildisea.v1i1.56871","url":null,"abstract":"The Organization of Southeast Asian Nations (ASEAN) has unique characteristics, apart from the legal systems in Southeast Asian countries that are different from one another, but also have different historical aspects. If ASEAN is compared to the European Union, which has the same legal vision, characteristics of society, and even a uniform financial system, ASEAN does not yet have this uniformity. This study aims to identify the legal personality for ASEAN as a subject of international law. This study looks at various theories and concepts regarding international organizations as subjects of international law. This study confirms that the basis for ASEAN legal personality as a subject of international law can be seen in the ASEAN Charter, however, this form of legal personality is still limited.","PeriodicalId":290236,"journal":{"name":"International Law Discourse in Southeast Asia","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122019493","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}