Indonesian Journal of International Law
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The Transparency Principle in the Framework of the WTO
No full textIn this contribution, the way in which the transparency principe – as it has developed in Dutch and European administrative law – can contribute to the realisation of more openness as regards the WTO will be discussed. The transparency principle is one of he pillar principles of good governance, principles which spearhead Dutch foreign policy. The lack of openness concerning the WTO has long been a concern of the international community and now propositions are being made – in this contribution as well – to further form the transparency principle in the WTO
Sengketa antara Malaysia dan Singapura tentang Aktivitas Reklamasi Pantai di dan di sekitar Selat Johor
Get PDFIndonesian First Experiences in Delineating Extended Continental Shelf Submission to The Un-clcs
No full textThe international law, in particular the Law of the Sea Convention (hereinafter: LOSC), has provided a progresive development to Indonesia in the context its territory and jurisdiction. Indonesia as one of the parties of the United Convention on the Law of the Sea 1982 has the right to establish its maritime zones in accordance with the convention. One of those maritime zones is the continental shelf. The delineation of the outer limit of the continental shelf is referred to Article 76 of LOSC. With that regard, Indonesia has just recently completed a process of the first partial submission of its continental shelf beyond 200 nautical miles (ECS) at the
United Nations-Commission on the Limits of the Continental Shelf (UN CLCS). The related ECS area for the first partial submission is located in northwest Sumatra Island. The completion of the first submission brought precious experiences for Indonesia, one of those is concerning the management of maritime boundary and territory. This paper discusses the Indonesian ECS and its submission process and all related matters. In addition, this paper hopefully useful for information sharing among stakeholder, and provide a brief summary for the history of the submission
The Impediments of Policy Coordination on E-Waste in ASEAN
No full textASEAN represents one of the most dynamic economic regions. However, economic progress was accompanied by massive environmental deterioration. Among the many environmental issues in the region, the rapid growth of waste from electronic and electrical equipment (e-waste) has increasingly drawn international attention. While on the one hand ASEAN is a large producer of electrical and electronic equipment, on the other hand the region is heavily affected by the improper dismantling,
recycling and disposal of e-waste. ASEAN failed to come up with a common response whereas individual member states pushed ahead with own legislation in an attempt to address the issue. This study sets out to assess the determining factors that disabled ASEAN to agree on a common policy response in the case of e-waste. Based on the assumption that states act according to the expected gains, the study applies a game theoretical approach to analyze the developments. Furthermore, the work seeks to draw conclusions from the case for future environmental policy
formation in the region
MARITIME SECURITY IN SOUTH EAST ASIA: INDONESIAN PERSPECTIVE
No full textMaritime security is an important issue particularly for the archipelagic state. As the largest archipelagic state in the world, Indonesia has its own responsibility to guard its waters from any threat. Indonesian waters have been used for centuries to accelerate international trade. In addition, Indonesia needs to address its boundary problems, handling of piracy, combating Transnational Organized Crime, such as, human trafficking, drugs trafficking, and human smuggling. This article explains on Indonesian perspective of the maritime security in South East Asia
Access to Justice for Indigenous Peoples In International Law
No full textThe status and rights of indigenous peoples have been recognized by international law. However, there remains debatable whether or not such recognition has been translated into providing access to justice to such peoples when their rights are violated. Therefore, the research has been conducted to examine the extent to which international law allowing access to justice for indigenous peoples given that state remains the dominant subject in international law and in some countries the state itself seems to be reluctant to recognize the status and rights of indigenous peoples in its territory. It shows that several mechanisms can be used by indigenous peoples under the international legal system in the context of access to justice although they are argued to be insufficient in securing the status and rights of indigenous peoples as such mechanisms are very fragmented and practically challenges
Environmental Protection And State Responsibility In INternational Humanitarian Law
No full textInternational armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering the basis of reparation for damaged environment which needing prompt action to be taken by the responsible State