Indonesian Journal of International Law
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EVER-GREENING: THE MONEY BANK FOR PHARMACEUTICALS…..A CURSE TO THE POOR
No full textThe ever-greening of pharmaceutical patents is a contentious issue relating to intellectual property rights (IPR) and the right to health. This practice extends the period of market exclusivity, delays the introduction of generic competition, and adversely impacts public health. On the other hand, effective IP policy facilitates for technological progress and improvement on inventions. However if developing countries’ scenario, specifically India, is taken into consideration where only product and not the process patenting of medicinal drugs were permitted, ever-greening plays a detrimental role in driving out the domestic generic medicine market which provide access to vital medicinal or life-saving drugs at affordable prices to lower section of the society. With the coming up of the Natco-Bayer’s case, the issue of access to medicine has assumed a new dimension with the introduction of compulsory licensing of medicinal products. Then there is the recent case of Novartis v. Union of India which challenged Section 3(d) of the Indian Patent Act regarding patentability. Similar legal threats cannot be ruled out in future and, if successful, would deprive the poor from access to life-saving drugs. This research paper mainly focuses on the TRIPS agreement and the infirmities flowing there-from which promotes unfair trade practices by multinationals which adversely affect access to essential medicines which is a clear violation of human rights
THE CONSERVATION OF MARINE ECOSYSTEM FROM TRAWL USAGE BY THE LOCAL GOVERNMENT BASED ON SUSTAINABLE MARINE PRESERVATION PRINCIPLE
Get PDFFisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen round that it will yield much more. However, the practice also threatens the life of small and young fishes as well as destroys the coral reef. The government then issued the regulation namely the Regulation of Minister on Marine Affairs and Fishery Number 2/Permen-KP/2015 about the Prohibition of Trawl and Seine Nets Usage which apply to the whole area of fisheries in Indonesia. It was one of the efforts by the Government of the Republic of Indonesia in conserving its marine ecosystem. The aim of this study was to evaluate the application of regulation to prohibit the trawl and seine nets usage based on sustainable marine preservation principle. This study was a doctrinal research applying case approach and statute approach. The study was held on several regions in Indonesia where the regulation has been enforced. The findings then elaborated with legal sources, such as Act number 32 year 2009 about Environment Conservation and Management, Act number 31 year 2004 about Fisheries, and Regulation of Minister of Marine and Fishery Number 2/Permen-KP/2015 as primary legal sources. The secondary legal sources used were journals, articles, and other relevant sources. The result showed that there is a need to establish a model for ideal implementation of the regulation based on sustainable marine preservation principle in order to conserve the marine environment as well as to increase the welfare of traditional fishermen
RECLAMATION IN THE VIEW OF THE PROTECTION OF MARINE ENVIRONMENT UNDER THE ENVIRONMENTAL LAW AND THE LAW CONCERNING THE MANAGEMENT OF COASTAL AREAS AND SMALL ISLANDS
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Indonesian Maritime Law Enforcement: Progress and Problems
Get PDFIndonesia as maritime country may face difficulties in law enforcement at sea. The broad variety of problems and challenges can be found on Indonesia waters, included coastal area and the sea itself. Indonesia has been involved on making maritime law since UNCLOS 1982, with archipelagic state concept that gave significant implication to the law of the sea. Times change, the problem that occurred at sea could be different. Maritime law enforcement would be challenged to be adaptable for the new problems and how Indonesia develop its maritime law to face new challenges
The Legality of Intervention for Protection of National Abroad In Order To Solve Piracy and Hostage (A Study of Law Concerning the Possible Use of Armed Force to Release Hostages Detained by Abu Sayyaf Armed Group)
No full textUntil now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who are taken hostage. When the non-violent efforts failed to stop acts of piracy and hostage then the use of force is logically expected to be used for such purposes. Yet international law prohibits this intervention as contrary to Article 2 para 4 of the UN Charter and does not meet the criteria of Article 51 of the UN Charter. Despite that this intervention can still be legalized if they meet the concept of R to P which can be adjusted or modified with this intervention and it is accepted by the people of ASEAN. Besides that these interventions also fulfill the qualification of necessity and proportionality
TERRORIST THREAT ON THE HIGH SEAS ANALYSIS OF SOME ASPECTS OF THE RIGHT OF VISIT AND SELF-DEFENCE
Get PDFVessels of all sizes can be used in a number of ways by terrorists, they can utilize a vessel as a means, a weapon, a bomb, or as a disruption tool. When a terrorist attack happens, it is already too late, hence the critical importance for the international community to take timely, accurate and efficientex ante factosteps.Counter-terrorism measures implemented on the high seas to prevent maritime terrorist attacks from occurring are possible but limited by the international law and notably the law of the sea. To some extent, the law of the sea limits counter-terrorism efforts. On the high seas, enforcement measures against terrorists or terrorist-related activities on board foreign vessels are restricted by the principle of exclusivity of flag State jurisdiction (a). Nevertheless, the application of the principle can be derogated from by the right of visit which provides for, under certain conditions, some leeway to States in their fight against maritime terrorism (b). it is difficult to justify interdiction operations carried out in order to counter terrorist threats on the high seas by the right of self-defence. The first reason relates to the differences in rationale and legal regime between the force deployed during interdiction operations and the one used in self-defence (a); the second reason concerns the existence or not of a right of anticipatory self-defence (b)
Imposing Sanctions Against States and Violation Of Freedom Of Mass Media: The Case Of Iran
Get PDFThorough U.S. and E.U sanctions that ban the export of goods and services to Iran remain largely obsolete in recognizing how communications can benefit both the civilian population and serve broader Western States foreign policy goals against the mentioned state. Recent sanction against more than 20 TV and radio channels was indeed just an attempt by the West against Iranian media. It was a flagrant violation of freedom of speech and in contrast to the free flow of information by satellite providers as Eutelsat SA and Intelsat SA which stopped the broadcast of several Iranian satellite channels in October 2012. Because of the International recognition of dignity, equality and autonomy of all people that led to formulation of fundamental rights, particularly with regard to freedom of expression and access to information and by correlation existed between the right to express and freedom of all kinds of mass media; in this article we would examine the case of recent sanctions against Iran. It seems clear that the sanctions are both the violation of the human rights values and also contrary to the fundamental principles of democracy, International Co-operations and in contrast with object and purpose of International Telecommunication Union
INTER REGIONAL GOVERNMENT COOPERATION: ADMINISTRATIVE LAW PERSPECTIVE
Get PDFAs it stated in the considering provision of Law number 32 year 2004 on Local government that “regional administration aimed to accelerate the realization of public welfare through improvement, services, empowerment, and community involvement, as well as enhancing regional competitiveness with underlined to the principles of democracy, equality, justice, privilege and specificity of a region within the system of the Republic of Indonesia”. To realize these goals, cooperation between local governments is needed, it is given that many regional affairs cannot be done by themselves unless in cooperation with other local governments. According to existing legal regulation, the inter-regional government cooperation is stated in various legal forms. Article 195 of Law Number 32 year 2004 choose Joint Decree as the legal form of inter-regional cooperation, while article 5 of the Government Regulation Number 50 year 2007 regarding Local Cooperation establish the cooperation in the form of Agreement. Besides those two legal form of inter-regional cooperation, Ministerial Regulation No. 22 of 2009 on the Technical procedure on inter-regional cooperation stipulate “memorandum of understanding” as form of understanding between two parties before the agreement is signed. Memorandum of understanding and agreement as the legal form of the inter-regional government cooperation is not recognized as legislation product of local government as it promulgated in Article 3 of Ministerial Regulation No. 53 of 2011 on the Establishment of the Regional Legislation Products. This paper aimed to identify the legal form of inter regional cooperation, such legal form is an important to bring legality principle for government action in creating cooperation