Indonesian Journal of International Law
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Promoting Smallholders Carbon Projects in Indonesia
No full textAs archipelagic country comprising about 17,000 islands and spreading
over a total area of 191 million hectares, the prospect of carbon projects in
Indonesia are massive. Aside present carbon project activities, the chances
to initiate more small scale carbon project are abundant. However, most of
the attentions are given for large scale carbon projects as carbon reduction
itself still considered as an exclusive interest only. Several lessons can be
learn by Indonesian from other developing countries on the implementation
of smallholders carbon project. This article aims to briefly describe
this issue and purposedly explore the chance of promoting smallholders
carbon projects in Indonesia
The Protection of Domestic Industry through Safeguards Instrument GATT/WTO and Its Implementation on Downstream Steel Industry In Indonesia
No full textWorld Global Crisis causes all trade world find difficulties. There will be increasing particularly import product in a country, including to Indonesian market. This getting worse by the implementation of free trade agreement between ASEAN member and China in the form of ASEAN China Free Trade Agreement (ACFTA). Steel as national strategic industry is a vital industry for developing country like Indonesia, so government should protect it against incursion of import products. Indonesia as member of WTO can use GATT/WTO safeguards instrument to protect domestic downstream steel industry from increasing import of downstream steel product. The protection for domestic industry through safeguards GATT/WTO instrument in Indonesia executed under trade security instruments, namely President Decision (Kepres No. 84 Year 2002) and Act 17/2006 (UU No. 17 Year 2006). Therefore, this article analyzes: first, how to protect domestic industry through safeguards GATT/WTO instrument in Indonesia and, how does implementation of safeguards instrument has protecting Indonesia domestic downstream steel industries
Sistem Perdagangan Multilateral dalam Kerangka WTO Suatu Observasi Terhadap “Rule-based System”
No full textThe multilateral trading system as it now applies is a rule-based system comprising a comprising a complex set of rules as articulated in various WTO agreements. The system is the ultimate choice for nations if they were establish trade relations among nations in a good order and to more enhance the stability and predictability and to better suit the interests of least developed and developing countries. The implementations of those rules have been more advantageous to developed countries, while the developing countries do not have the capability tto implement those rules. The concessions that have been given away do not meet with the expected benefit out of their participation in this multilateral regime. Such situation greatly affects developing countries in the implementation and the effectiveness of WTO rules. The current round of trade negotiations needs to make correction to this legitimacy gao to ensure a fair gain from the multilateral trading system
Towards the Rational Choice Theory in The Asian Approach to International Law
No full textThe notion of “Asian approach to international law” refers to the international political relations of and among the Asian countries as well as the development of international law, and how the two dynamics interact between each others. A comprehensive analysis of the issues thus requires one single analytical tool that can encompass both issues at hand. Interestingly, at present research discussing the most appropriate methodology remains under-developed, as scholars mostly focus on particular case studies. The article offers the “rational choice theory” as the first stepping stone for further theoretical development and practical application. The rational choice theory, in essence an economic theory that deals with individual decision making, has been a valuable tools in assessing international relations from an institutionalism paradigm, and it has started to gain its importance in the field of economic analysis of international law. Therefore, I argue that the theory will provide an alternative insight of the “Asian approaches to international law” to the conventional theories of cultural differences (the west vs. the east) or political economy (developed countries vs. developing countries). I will first discuss the issues that conventional theories fail to address, and display how the rational choice theory can fill in the gap. For further practical implementation, I elaborate briefly several international law issues in the ASEAN context from the economics of rational choice perspective, namely on the principle of non-intervention and the institutionalization of human rights
Penggunaan Ruang Udara Indonesia bagi Penerbangan Berjadwal Ditinjau dari Segi Hukum Udara Internasional
No full textInternational air law regulates on the sovereignty of States over the airspace above their territory and how to use of such airspace for scheduled international services. The use of Indonesian airspace is subjected to national law of Indonesia. As a sovereign state, Indonesia has the privileges to grant to foreign aircraft engaged in scheduled international air services to operate commercially, from, over, or to Indonesian territory, with special permission or authorization. This article will discuss about the form and the subject matter of such permission or authorization from the international law perspective
Cyber Security and Economic and Social Rughts (ESR): Can both be Connected?
No full textCyber security plays on important role to guarantee and protect people who use internet in their daily life. Some cases take place around the world that people get inconvenience condition when they access and use internet. For example, a personal identity code used for many different transactions has been penetrated or stolen by hackers. This situation puts people in threat condition where their social rights including data personal have been in dangerous time. The people then feel worry and need to
be protected as mentioned in International Covenant on Economic, Social and Cultural Rights. Therefore, it can be indicated that there is conflict of interest between ESR of people and cyberspace activities. The interest must explain clearly in order to ascertain the relationship between cyber security and ESR, especially when related cyber space-ESR is launched in internet based.
Keamanan di dunia maya merupakan peran yang penting untuk menjamin dan melindungi pengguna internet dan kehidupan sehari-harinya. Dalam beberapa permasalahan di dunia, para pengguna
merasa tidak nyaman ketika mengakses dan menggunakan internet. Contohnya, kode identitas pribadi yang digunakan untuk beberapa transaksi dapat dicuri oleh para pembajak. Situasi ini merupakan ancaman bagi masyarakat ketika hak sosial mereka termasuk data pribadinya dalam bahaya. Masyarakat merasa khawatir dan butuh dilindungi sebagaiamana disebutkan dalam International Covenant on Economic, Social and Cultural Rights. Sehingga, dapat mengindikasikan adanya konflik kepentingan antara ESR dan kegiatan di dunia maya. Kepentingan tersebut harus dijelaskan dengan jelas untuk memastikan hubungan antara keamanan dunia maya dan ESR, terutama ketika ESR di
dunia maya diterbitkan berbasis internet
Hukum Internasional Pasca Perang Irak: Legalisasi Politik Internasional dan Politisasi Hukum Internasional
No full textThe United Nations’s to prevent invasion to Iraq and United States’ occupatin with it allies have cause the pessimism to the future of international law. The international community is worried about the unilateralism tendency by the United States because it can threaten the rule law’s future in international relation. So many questions about the existence of international law and its nature such as whether international will be merely as the means of power only. This article tries to answer those questions with special approach (critical legal studies)
Online Piracy and Copyright Protection Through Internet (A Critical Review For The Intellectual Rights And Obligations Balance)
No full textInternet as a new communication medium, is the result the information and communication technology convergence, which came in the form of an electronic system. In the intellectual property rights perspective especially in copyright context, an intellectual creation is protected as one’s property (a bundle of rights) that includes moral rights and economic rights. IPR protection paradigm actually dominated by private communication paradigm, so any communication of the intellectual work is the author's rights. Meanwhile, paradigm in the Internet is a mass communication, so the delivery and retrieval of any information communicated on the Internet is considered as the rights of every human being. These differences seemed lead to the ineffectiveness of any attempt to restrict copying or access to the use of a digital work