Indonesian Journal of International Law
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Indonesia’s Archipelagic State Status: Current Development
No full textA crucial, almost revolutionary, development in the international law of the sea was the recognition of archipelagic state principles within the United Nations Convention on the Law of the Sea 1982 (LOSC). The essential features of archipelagic state principle laid down by Part IV of LOSC include permission to draw straight archipelagic baselines around the outermost points of the outermost islands of archipelagos; and the recognition of the new and distinct legal regime of archipelagic water for the waters thus enclosed of a nature designed to accommodate the interests of maritime user states, that are states which carry out certain activities, including navigation, in the water areas falling under the jurisdiction of archipelagic states. Since this principle has been Indonesian national philosophical outlook even before the adoption of LOSC and provided within Article 25 (a) of the Indonesian Constitutions, it is submitted that all Indonesian national legislations related to ocean affairs should be based on the archipelagic state principles. This study looks at the legal application of archipelagic state principles in Indonesia within the framework of contemporary ocean governance principles. This paper argued that current development on Indonesian law of the sea as well as ocean governance shows less commitment to archipelagic state principles. Thus, it is submitted that archipelagic state principles should be re-stored as the basis of all ocean related legislations and governance
Once More Unto the Breach: Some Thoughts on the Future of the EEZ
No full textBy public international law standards, the Exclusive Economic Zone (EEZ) remains a relative newcomer, the product of State practice following the end of the Second World War and multilateral negotiations culminating with the entry into force, in November 1994, of the 1982 United Nations Convention of the Law of the Sea. In defining the EEZ, the Convention has created a sui generis legal regime over vast areas that were previously part of the high seas. Neither Grotian nor Seldenian in spirit, the EEZ regime forgoes the absolute language of territory and sovereignty in favor of discrete sets of rights and obligations, leaving many legal and practical questions unanswered. The modest aim of this paper is to highlight a few of the grey areas that have since emerged, by reference to recent State practice
ASEAN Charter: A New Beginning for Southeast Asian Nations
No full textThe ASEAN leaders have signed ASEAN Charter in December 2007. A year later, this Charter was ratified by all ASEAN member states thus it become to be entry into force on 15 December 2008. ASEAN Charter reflects the internal momentum and the development of relations between ASEAN and the world. In addition, it also characterizes the common ideals shared by the ASEAN member states. This article will emphasize three subjects. Firtsly, it will examine the factors that push ASEAN member states to move toward ASEAN Charter. Secondly, it will underline the process of drafting int the ASEAN Charter. Thirdly, it will briefly discuss relevant issues which are arisen by the ASEAN Charter
Serangan Israel Terhadap Lebanon dikaitkan dengan Prinsip-Prinsip Hukum Humaniter
No full textIsrael’s attacked to Hezbollah at Lebanon has arisen international reactions because of enormoue victims caused by that action, whom mostly were civilians. International society has asked the United Nations Security Council to pass a Resolution for handling this problem based on the authority stipulated in the United Nations by United Syastes as one of the Security Council’s member, finally the Resolution contains essential element which stated that the situation in Lebanon has caused breach to international peace and safety.
Security Council Resolution Number 1701 is a good starting point to change the regional reality become one goal, to keep the peace and safety in Lebanon, which has been desired by international community. Final result of this Resolution however depends on intention of the parties to comply with it because it has no sanction mechanism. Based on Article 25 of the United Nations Charter, Security Coincil’s decision legally binds all member of the United Nations, and those countries, which are not member, shoul act according to this Resolution for the peace and safety of international world
Exclusion of Individual Responsibility by Indonesia – Timor Leste Commission for Truth and Friendship
No full textIn international criminal law, there is a general principle applied that no one may be held accountable for an act that he has not performed. In the history of international humanitarian trials, there is an additional principle that nobody may be held accountable for criminal offences perpetrated by another person. But, with mandate and conclusion of Commission for Truth and Friendship between Indonesia and Timor Leste, there is no individual responsibility for gross violation of human rights
Hak-hak Lingkungan Hidup Sebagai Hak Asasi Manusia
No full textEnvironmental issue become more popular since the Stockholm Conference about the human environment and Rio de Janeiro Summit (Earth Summit), that brings so many changes in environmental matters. Human rights that has the important role in international law, is also related to the environmental issue. As an Indonesian Environmental NGO, WALHI tries to protect the human rights related to environment. This article tries to discuss the relation between the environmental rights with human rights and why WALHI has concern on it
