Indonesian Journal of International Law
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OUTER LIMITS OF CONTINENTAL SHELF IN THE ARCTIC OCEAN: POTENTIAL OVERLAPPING CLAIMS
Get PDFTo legally exercise its sovereign rights over extended continental shelf, coastal States have toobtain recommendation from the Commission on the Limits of the Continental Shelf by submittinginformation on the limits of its extended continental shelf to the Commission. In some cases, suchsubmission overlaps with other submission which leads to deferred submissions. This paper willaddress some potential overlapping submissions in respect of the Arctic Ocean which is carried outthrough a normative legal study. At the end, this paper suggests that Arctic coastal States may agreeon establishing a joint submission to avoid any overlapping submissions in the Arctic Ocean
ASEAN Human Rights Declaration: A New Form of Universalism
Get PDFJust Recently ASEAN has adopted The ASEAN Human Rights Declaration. This declaration is a corner stone for ASEAN to establish human rights law instruments and mechanism in the future in order to support the upcoming ASEAN Community in 2015. However there are a lot of critiques upon the Declaration mostly come from human rights activist and NGOs. It is crticized that the declaration's principles and articles could be erode universality of human rights as stated in the Universal Declaration of Human Rights. Highly criticized is to article 7 of the Declaration which mention that the realization of human rights must be considered in the regional and national context bearing in mind differentpolitical, economic, legal, social, cultural, historical and religious backgrounds. It argues that this article will use as a tool for state to limit the people rights. Contrary to mainstream critiques, the paper argues that the declaration did not contain any principles that erode the universality of human rights and fundamental freedom. Article 7 of the declaration is a limitation of rights pursuant to the international human rights law called Margin of Appreciation. The margin of appreciation doctrine allows the court to take into effect the fact that the Convention will be interpreted differently in different member states. Judges are obliged to take into account the cultural, historic and philosophical differences between Strasbourg and the nation in question
THE CONCEPTION OF HISTORIC SHIPWRECKS OWNERSHIP IN ACCORDANCE WITH INTERNATIONAL LAW
Get PDFTechnology development pushed forward an access to underwater cultural heritage. Diving toolsdevelopment makes an access to deeper part of sea accessible. This access not only used by researcherand archeology but also by treasure hunter and historical shipwrecks treasure seekers. These eventslead the interested party to explore the sea for valuable things. One of them is historic shipwreckswhich contain historical, archaeological or economic value. The significance of this historicshipwrecks leads to an issue about ownership. The ownership claims of historical shipwrecks tisstarting to become a global issue after the occurrence of jurisdiction clash among the Flag-statecountry, Finder, Coastal state, or state origin of the cargo. Therefore, it is important to understandthe issue further by exploring the conception on regulation of historic shipwrecks at internationallevel through international convention, at national level through its regulation and practice in severalcountries and also the regulation and practice in Indonesia
SOVEREIGNTY VS INTERNATIONAL COOPERATION: MAJOR PROBLEMS FACING EAST ASIA AT PRESENT
Get PDFWorld is now becoming united in which international community cannot live independently. The sovereignty of every States in the world cannot walk alone without having taken into consideration on the others States’ need and sovereignty. There are important issues of state sovereignty vs. international cooperation in regard of some grave problems facing our region, East Asia and even the world beyond. Among these issues are. the island disputes, humanitarian intervention, TPP and trade and economic integration in general, including RCEP advocated by Indonesia, also global warming.All of these issues cannot be solved without international cooperation. Thus international cooperation is a must in the borderless era as we are experiencing today
INTERNATIONALIZING LEGAL EDUCATION: A COOPERATIVE TOOL IN A GLOBALIZED WORLD
Get PDFThe term “globalization” has been applied to everything from economics and technology to socialmedia and market trends. Its use has become somewhat of a cliché1, and it is almost impossible to reada treatment of globalization that does not acknowledge the ambivalence and hyperbole surroundingthe term. The phrase “globalization of legal education” has the power to conjure visions ofsophisticated lawyers-in-the-making jockeying for positions in transnational mega firms, or interningat international courts and dreaming of combating injustice on an international scale. It has beenposited that a working knowledge of the global legal landscape is as indispensible to today’s legalgraduate as a working knowledge of digital technological advances.2 Can law really be taught at aglobal scale, or is it still the province of domestic authority? A global lawyer may work in numerousjurisdictions, or at least one different from where they were taught. How does their education preparethem for that possibility? Can a global lawyer work in foreign jurisdictions in matters of privatelaw? Is the “globalization of legal education” just a marketing equivocation for classes conductedin a common language, or about the international legal regime – or is there something substantivelyand pedagogically distinctive about the endeavor? How should global legal education translate intopractice in 2015? This paper endeavors to explore the intersection between globalization of law andglobalization of legal education
1996 Protocol to The Convention on The Prevention of Marine Pollution by Dumping of Wastes and Other Matters 1972
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ASSET BASED COMMUNITY DEVELOPMENT AS A METHOD TO STRENGTHEN ASEAN ECONOMIC COMMUNITY
Get PDFIndonesia as ASEAN member already binds to ASEAN Economic Community as consequences of Indonesia membership. It means, Indonesia have to apply the liberalization in goods trade whether for import goods or for export goods. As a goal and based on the goal set up by ASEAN Economic Community, the single market should be the way to prosperous people economic. The question is how to achieve this goal instead of pushing or destroying local goods from export goods. It needs to straight up the vision, back to previous goal, and take action to strengthen power or advantages from goods and from AEC system. One of the ways to achieve it is with Asset Based Community Development. This paper will analyze Asset Based Community Development as a means to strengthen ASEAN Economic Community. In Part I, this paper will examine the concept of ASEAN Economic Community. Part II will analyze further on what are the steps of Asset Based Community Development required in intensifying ASEAN Economic Community, and Part III is conclusion