Indonesian Journal of International and Comparative Law最新文献_第10页

THE OPERATION OF UNMANNED VESSEL IN LIGHT OF ARTICLE 94 OF THE LAW OF THE SEA CONVENTION: SEAMANNING REQUIREMENT 《联合国海洋法公约》第94条规定的无人船操作:海员要求

Indonesian Journal of International and Comparative Law Pub Date : 2020-10-31 DOI: 10.17304/IJIL.VOL18.1.804

Jeremia Humolong Prasetya

{"title":"THE OPERATION OF UNMANNED VESSEL IN LIGHT OF ARTICLE 94 OF THE LAW OF THE SEA CONVENTION: SEAMANNING REQUIREMENT","authors":"Jeremia Humolong Prasetya","doi":"10.17304/IJIL.VOL18.1.804","DOIUrl":"https://doi.org/10.17304/IJIL.VOL18.1.804","url":null,"abstract":"Rapid technological changes in the shipping industry offer advantages and present serious challenges to maritime security and safety. This is how we should respond to the emerging development of unmanned vessels, all the more so because the existing international legal framework was not developed to accommodate their operation at sea. Similarly, the International Maritime Organization has taken this seriously by forming groups to assess such operations’ compatibility with existing maritime conventions. One of the biggest challenges that unmanned vessels pose to the international legal framework concerns the sea manning requirement. This requirement is explicitly stipulated in the Law of the Sea Convention and elaborated in some conventions within International Maritime Organizations’ purview. Against this backdrop, this article attempts to answer whether the unmanned vessels operation is in contravention of international law, particularly provisions on the sea manning element of a ship. To that end, this article will (i) elaborate on the flag state obligations in Article 94 of the Law of the Sea Convention, (ii) explain and identify the Generally Accepted International Rules and Procedures concerning sea manning, and (iii) describe the efforts of the International Maritime Organization in addressing this phenomenon.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87520181","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

Consistency and Predictability in International Tribunals Decision on Maritime Delimitation Cases From 2009 to 2019 2009 - 2019年国际仲裁庭海洋划界裁决的一致性与可预测性

Indonesian Journal of International and Comparative Law Pub Date : 2020-10-31 DOI: 10.17304/IJIL.VOL18.1.801

Faudzan Farhana

{"title":"Consistency and Predictability in International Tribunals Decision on Maritime Delimitation Cases From 2009 to 2019","authors":"Faudzan Farhana","doi":"10.17304/IJIL.VOL18.1.801","DOIUrl":"https://doi.org/10.17304/IJIL.VOL18.1.801","url":null,"abstract":"The rules of maritime delimitation are of paramount importance in the law of the sea because coastal states will not be able to effectively exercise their legal uses of the sea without definite boundary. However, as customary law, Articles 15, 74 and 83 of UNCLOS did not provide much guidance in any particular delimitation case. Meanwhile, concluded bilateral agreements had not created enough practice of law to qualify as customary law. Thus, it is left to the international tribunals to form the delimitation rules. However, cases decided by the international tribunals show a lack of consistency in applying two main methods based on relevant provisions of UNCLOS. Both equidistance and the equitable principle has been used on plenty of occasions, as well as other criteria. This study aims to examine whether the approach of international tribunals to maritime delimitation cases has become more predictable and consistent during 2009-2019. Limited to the cases decided by the ICJ, ITLOS, and PCA, the study found that there is no significant deviation from the application of Article 15 UNCLOS within the proceedings of the cases. However, the unpredictability of the decision in the Ghana/Cote d’Ivoire case shows that the Court is more focus on the consistency of methodology than principle matter. In applying Article 74 and 83 UNCLOS, the Tribunals also put more effort into ensuring a consistent methodology. However, plenty of discretion also available for the Tribunals. Although such discretion is crucial, it needs to utilise carefully to maintain the consistency and predictability of the law. Without the consistent interpretation and predictable translation of UNCLOS from the International Tribunals, it is impossible to preserve the Law of Maritime Delimitation.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72929796","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

Undelimited Maritime Areas: Obligations of States Under Article 74(3) and 83(3) of UNCLOS 《联合国海洋法公约》第74条第3款和第83条第3款规定的国家义务

Indonesian Journal of International and Comparative Law Pub Date : 2020-10-31 DOI: 10.17304/IJIL.VOL18.1.802

S. Basir, S. Aziz

引用次数: 0

THE NECESSITY TO REFORM INDONESIAN LEGAL FRAMEWORK ON PROVISIONAL ARRANGEMENT TO COMBAT IUU FISHING 改革印度尼西亚关于打击非法捕捞临时安排的法律框架的必要性

Indonesian Journal of International and Comparative Law Pub Date : 2020-10-31 DOI: 10.17304/IJIL.VOL18.1.805

Yunus Husein, M. Aziz

{"title":"THE NECESSITY TO REFORM INDONESIAN LEGAL FRAMEWORK ON PROVISIONAL ARRANGEMENT TO COMBAT IUU FISHING","authors":"Yunus Husein, M. Aziz","doi":"10.17304/IJIL.VOL18.1.805","DOIUrl":"https://doi.org/10.17304/IJIL.VOL18.1.805","url":null,"abstract":"Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before reaching agreement on delimitation in EEZ. Indonesia must utilize and optimize this provision in order to combat the IUU Fishing, to protect fisheries resources and to support in achieving maritime boundary delimitation. The state already has the relevant legal and institutional framework to implement the provisional arrangement and, once, had a provisional arrangement with Australia decades ago although in the field of hydrocarbon. The arrangement was deemed as the most prominent one at that time. The experience of other countries in implementing of provisional arrangement in combating IIU Fishing, protecting the resources and achieving maritime delimitation might encourage Indonesia to utilize and optimize provisional arrangements in disputed areas.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83778016","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

OCEAN LAW IN TIMES OF HEALTH EMERGENCY: DEEP SEABED MINING CONTRIBUTIONS AND ITS FEAR OF OVEREXPLOITATION 健康紧急情况下的海洋法:深海海底采矿的贡献及其对过度开采的担忧

Indonesian Journal of International and Comparative Law Pub Date : 2020-10-31 DOI: 10.17304/IJIL.VOL18.1.800

Laisa Branco de Almeida

{"title":"OCEAN LAW IN TIMES OF HEALTH EMERGENCY: DEEP SEABED MINING CONTRIBUTIONS AND ITS FEAR OF OVEREXPLOITATION","authors":"Laisa Branco de Almeida","doi":"10.17304/IJIL.VOL18.1.800","DOIUrl":"https://doi.org/10.17304/IJIL.VOL18.1.800","url":null,"abstract":"The deep seabed has one of the most enriched biodiverse places on Earth. Scientists have found some essential biomedical breakthroughs derived from hydrothermal vents involved in treating disease outbreaks among seabed minerals. Futuristic as it may sound, new pharmaceutical discoveries pressure the International Seabed Authority (ISA) into strengthening its global rules on mining exploitation beyond areas of national jurisdiction (ABNJ). This paper presents a general evaluation of the existing legal system of deep seabed mining. It highlights that, increasingly, pharmaceutical companies are shifting to ABNJ seabed areas for exploitation, pressuring the international order for a more coherent and effective mining exploitation system for the next decade. The analysis of international legal frameworks for the Law of the Sea is notable. However, there are still substantial gaps in deep seabed mining’s global governance, expected to commence soon, as ISA rushes to approve a new international mining code. The result supports a transparent mining exploitation process in ABNJ, facilitating cooperation between sectors and between countries, fostering equitable sharing, and preserving the fragile ecosystem.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79225995","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 Myth of the Integrity and Universality of Law of the Sea: Incidents at Sea by Non-Parties of UNCLOS 海洋法完整与普遍性的神话:非《联合国海洋法公约》缔约国的海上事件

Indonesian Journal of International and Comparative Law Pub Date : 2020-07-31 DOI: 10.17304/ijil.vol17.4.798

Yurika Ishiii

引用次数: 0

Law Enforcement at Indonesian Waters: Bakamla vs. Sea and Coast Guard 印度尼西亚水域的执法:Bakamla与海洋和海岸警卫队

Indonesian Journal of International and Comparative Law Pub Date : 2020-07-31 DOI: 10.17304/IJIL.VOL17.4.797

D. Puspitawati, S. Hadiyantina, Fransisca Ayulistya Susanto, N. Aprianti

{"title":"Law Enforcement at Indonesian Waters: Bakamla vs. Sea and Coast Guard","authors":"D. Puspitawati, S. Hadiyantina, Fransisca Ayulistya Susanto, N. Aprianti","doi":"10.17304/IJIL.VOL17.4.797","DOIUrl":"https://doi.org/10.17304/IJIL.VOL17.4.797","url":null,"abstract":"This paper aims to analyze Indonesian laws regarding law enforcement in Indonesian waters. Specifically, it analyzes the authority of Badan Keamanan Laut (BAKAMLA) and Indonesian Sea and Coast Guard under the Indonesian Act Number 32 the Year 2014 on the Ocean Affairs Act and Indonesian Act Number 17 the Year 2008 on Navigation Act, respectively. It is argued that the state’s sovereignty over the ocean differs from the state’s sovereignty over the land territory. This is because according to the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982), the state’s ocean territory is divided into various maritime zones, over which different regimes applied. It is submitted that the farther ocean space is from the land territory, the sovereignty of the coastal state is lessened. Thus, different treatment, especially concerning law enforcement is needed this paper recommends a model for law enforcement at sea, which considers different regimes over different maritime zones as provided within the UNCLOS 1982. It is submitted that while it is fine to have more than one institution having the authority of law enforcement at sea, the extent of such authorization should be clarified.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90850161","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

Maintaining Freedom of Navigation and Overflight in the Exclusive Economic Zone and on the High Seas 维护专属经济区和公海的航行和飞越自由

Indonesian Journal of International and Comparative Law Pub Date : 2020-07-31 DOI: 10.17304/IJIL.VOL17.4.796

Pete Pedrozo

引用次数: 1

Law the Development of the 1982 UN Convention on the Law of the Sea: An Australian Perspective 法律:1982年《联合国海洋法公约》的发展:澳大利亚的视角

Indonesian Journal of International and Comparative Law Pub Date : 2020-07-01 DOI: 10.17304/IJIL.VOL17.4.795

D. Letts

引用次数: 0

Law Enforcement over Fishery Activities in Contested EEZs 对争议专属经济区渔业活动的执法

Indonesian Journal of International and Comparative Law Pub Date : 2020-07-01 DOI: 10.17304/IJIL.VOL17.4.794

Kentaro Furuya

引用次数: 0