Padjadjaran Journal of International Law
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The Development of Financial Obligation Assistance in Inter-State Relations Regarding Environmental Protection: a Review of The Paris Agreement 2015
No full textAbstract
The 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).
Keywords: financial assistance, developed and developing countries, Paris Agreement 201
Fisheries Conservation and Marine Protected Area Establishment in Indonesia
No full textMarine 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.
This 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
The Role of Paris Agreement in the Application of the Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) Principle
No full textThe Paris Agreement is one of the climate change agreements that formed on the basis of voluntarycontributions and uses the principle of Common but Differentiated Responsibilities and RespectiveCapabilities (CBDR-RC) as the ground norm of its implementation. The principle allows state parties todetermine their own targets and efforts to reduce emissions on a national and global level. However, theprinciple poses a challenge to the Agreement because it could lead to non-compliance by the stateparties and reduce their ambition to achieve net-zero emission targets. In addition, the question arises asto how international law can encourage compliance with the CBDR-RC principle and what efforts aremade to achieve an effective implementation. This article provides an understanding of the role ofinternational law in accommodating the dynamics of the CBDR-RC principle in the context of climatechange. It also discusses the role of international law in the compliance process and its relation tocompliance mechanisms as an effort to encourage the implementation of CBDR-RC principle. The resultindicates that international law through the principle can encourage state parties to comply by filling thegap in the Agreement which is the soft rules. Therefore, a good compliance committee and rules thatconsist of an easy way for state parties to comply are needed to achieve an effective implementation ofthe principles
The Use of Private Contracted Armed Security Personnel (PCASP) As an Anti-Piracy Measure and Solution
Get PDFThe sea route is one of the best options chosen by national and international traders because of lower cost when we compare it to using air freight and the increasing use of merchant ships for international trade, makes people take advantages such as sea piracy and armed robbery and a solution to protect from these things commercial vessels use the services of the Private Contracted Armed Security Personnel (PCASP) and the Private Maritime Security Company (PMSC). The absence of international regulations regarding the use of these services raises pros and cons between coastal states and with special policies in particular regarding the territorial sea of a coastal state. Thus, there is a big question that the use of PCASP and PMSC is in accordance with international law with existing regulations and how Indonesia as a coastal state sees the use of such services as a solution to avoid piracy. The formation of soft laws and agreements is a way out at this time in order to maintain maritime security from the dangers of sea piracy and armed robberies
South China Sea Dispute: What Alternative Solutions Can be Offered to the International Community?
Get PDFAs the busiest shipping route with a high value of resources under the sea, the South China Sea dispute is one of the unresolved problems in recent world affairs. Claimant states keep on defending their claim over the territory. Several critical factors of the disputed areas, such as the international trade perspective, natural resources aspects, and the security value, did affect the behaviour of such states. A lot of alternatives and means have been done to solve the case until the decision of PCA on the Philippine claim over China’s nine-dash line. Non-compliance response of China did raise another tension on the issue and complicated the resolution. We offered more alternatives to the international community to act, which combined peace-oriented bilateral and multilateral diplomacy and cooperation to force all claimants to agree on their maritime boundary, seeking mediation from states that can be trustworthy, international sanctions might be an option - but with a highly calculated decision, and stressing the compliance with legal action to gain trust from other parties. to support the diplomacy that takes place in the process. 
Framing The Responsibility of Public-Private Partnerships (PPPs) on Space Technology in International Law
Get PDFPublic-Private Partnerships (PPPs) have gained popularity as a way to use resources and expertise from the private sector to support governmental space activities. In the event of a space-related incident, the division of duties and liabilities between public and private partners may be complicated. Clarifying the division of duties and liabilities between public and private actors is necessary given the rising participation of private companies in space activities.. With the growing involvement of private entities in space activities, there is a need to clarify the allocation of responsibilities and liabilities between public and private actors. Who is held responsible when a private company causes a technological disaster strike? On what basis can the responsibility be made, understood from international law? The research is normative legal research, where the data is collected through a statutory and case approach. The study results show that Public-private partnerships (PPPs) in outer space activities raise complex questions regarding responsibility. Responsibility refers to the Liability Convention on the Outer Space Treaty. The treaty emphasizes that states bear international responsibility for their national activities in outer space, including those conducted by private entities under their jurisdiction. However, the treaty does not explicitly address the specific responsibilities of private actors. Private companies only bear indirect international responsibility. PPPs need to consider the notion of shared responsibility, which acknowledges the contributions of both public and private actors and emphasizes cooperation and transparenc
How Could Deportation become Illegal Deportation? (The Case of Deportation of Myanmar Nationals by Malaysia)
No full textFebruary 2022; Malaysia deported more than 1000 undocumented migrants from Myanmar back to Myanmar, even though a coup d’état had already occurred in Myanmar. This paper will explore the nexus between coup d’état and well-founded fear of persecution and assess the decision by Malaysia to deport Myanmar immigrants back to Myanmar with the nonrefoulement principle. This paper's findings showed a clear nexus between a coup d’état and well-founded fear of persecution to some extent; the nexus appears when the Coup creates uncertainty in citizen's live and people in a dangerous situation. Consequently, the deportation decision by Malaysia violated the non-refoulment principle, and the deportation became illegal. This paper utilized the normative method to analyze the research problem. 
The Armed Conflict in Ukraine: Use of Force, Prosecution, and Complicity
No full textIn 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.
In 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
Artemis Base Camp and Exploitation of Outer Space: Problems and The Needs of Legal Framework
No full textNASA 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
Behind the Veil of Blue Ecolabelling: Dismantling the Juxtaposition of International Regulations on Sustainable Oceans
Get PDFEcolabelling was introduced as an alternative consumer-facing mechanism in the market to combat certain threats against the environment and to promote sustainable usage of its components. More importantly in the case of Indonesia as a maritime country, fishery ecolabels can be used to build sustainability to its marine environment which can be vital for its economy in the future. To this end, this article constructs an exposition of ecolabels from a legal perspective in the international and local contexts that is still absent in Indonesia’s legal research. This study employs normative legal research methodology in its data collecting and analysis. The article in its analysis will argue that while the international standards provided for blue ecolabels are robust, its genuine implementation can only be realized in the domestic scene, where local aspects can be considered. This research in the end finds that an ecolabelling of fisheries in Indonesia is urgently needed, concludes that ecolabelling in fisheries can help the state in realizing its international commitments, and recommends its urgent creation in the national scene