Indonesian Journal of International Law
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Urgency of Boundary Maritime Management: Strategies to Prevent Conflicts
No full textThe boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian as an archipelago country undergoes many changes that directly or indirectly affect the determination of the territorial sea border, exclusive economic zone as well as the continental shelf with neighboring countries. However, the establishment of Indonesia›s maritime boundaries with neighboring countries should be speeded up in its settlement. The basis of the argument is that the frequent border conflicts do not seem to be very potential to threaten the principle of good neighborly life as it is acknowledged in international law. Therefore, government functions can be maximized through integrated marine management. The integration of the management undertaken will clarify and reinforce the certainty and jurisdiction of Indonesia. Given this certainty and jurisdiction it is of great advantage to dimentially access and manage biodiversity sources of marine biological phenomenon. This becomes an effective means of affirming the sovereignty and sovereign rights and legitimacy of the State
STUDY OF THE RIGHT OF FOREIGN SHIP AGAINST STATE SOVEREIGNTY (CASE STUDY INDONESIA)
Get PDFRecognition of the archipelagic concept accommodated in chapter IV United Nations Conventions Law of The Sea (LOSC) 1982. The implication of this recognition is archipelagic states have sovereignty for their marine space. There are 3 zonation in sea sovereignty, that are inland water, territorial waters and archipelagic water. However, only in inland water that archipelagic states has full sovereignty such as on land, while another zone, it has followed by other states rights, One of which is right of passage. The right of another state passage is consisted by right of innocent passage, right of archipelagic sealine passage and there is also right of transit passage, which one all of that right of passage are depending on zones depending on the zone that is crossed. Talked about archipelagic sea-lanes passage (ASLP), Indonesia has to determine 3 archipelagic sea lanes passage and the consequence that all foreign ships should pass over that routes. For that reason, in this paper will discuss Indonesian sea sovereignty zone and right another state inside, along with implications for Indonesia after determination of archipelagic sealine passage
THE ROLE OF THE COASTAL STATES TO THE PROTECTION OF MARINE ENVIRONMENT IN JOINT DEVELOPMENT AGREEMENT
Get PDFMaritime boundary disputes with neighboring states, especially in continental shelf driven by potentially large hydrocarbon deposits lying in overlapping continental shelf. Presently, there are many states remain in the hydrocarbon extraction and exploration in the form of joint development Agreement. The impacts of the joint development in conducting exploitation in the offshore which become the disputing continental shelf may potentially cause pollution or environmental damage in the adjacent area. The objective of the research is to evaluate whether the joint development Agreement in disputing continental shelfconcerns to the protection of the marine environment.The paper undertakes a critical examination of the issues relating to the role of coastal states to protect the marine environment in Joint Development Agreement.The paper is a normative research and the methodology employed in this paper is library research. While the approaches employed in the research are statutory approach, comparative approach and conceptual approach. The research finds that the protection of the marine environment in joint development agreement in the joint development zone needs has not carried out optimumly particularly in developing countries
IMPACTS ON MARITIME TRADE WITH REGARD TO NAVIGATIONAL ROUTE ADJUSTMENTS IN AVOIDING CONFLICTS WITH MARINE PROTECTED AREAS: AN INSIGHT TO THE LAW AND POLICY
Get PDFEstablishing a Marine Protected Area (MPA) in a State’s maritime jurisdiction is a concept that became a much of practical approach alongside IUCN’s (International Union for Conservation of Nature) efforts for the protection of maritime environment. Although, the 3rd United Nations’ Conference on Law of the Sea (UNCLOS III) emphasized the importance of protecting seas and oceans as a State’s duty within its role as a custodian, this conceptual framework has not been well laid upon on its Members States beyond the conventional provisions enumerated in its entirety, and in Article 194.5 in particular. However, later development of the subject has alarmed the international community to a critical juncture where they have felt the importance of establishing MPAs in most sensitive sea areas by 2012. It is a well-known fact that shipping contributes heavily on issues pertaining to marine pollution in coastal waters though it is not the main cause taking into consideration of land-based sources. Nevertheless, shipping does contribute a considerable degree of hazard to living and non-living resources of the seas, especially considering its effects on endangered fish stocks. Unlike in the case of a global initiative, number of regional and unilateral means of proclaiming MPAs has taken place while enacting remarkable policies in the Mediterranean, Baltic, and North Sea areas as evident. In particular, Lord Donaldson’s Report in recommending Safer Ships, Cleaner Seas within the United Kingdom’s so-called MEHRA (Marine Environmental High Risk Areas) policy has brought into limelight some important steps that need to put in place with the use of the seas for shipping activities while appreciating IMO’s (International Maritime Organization) Resolution A.982(24) guidelines pertaining to Particularly Sensitive Sea Areas (PSSA) that focused on protecting maritime environment at the same time allowing shipping industry to continue without much interruptions. This piece of research will concentrate on the effects on maritime traffic within the aspects of marine life in the wake of proclaiming MPAs by States, with special attention to the proposals on shifting of traffic lanes for their survival. A Case Study will also be conducted in relation to the Cetaceans in the Southern Indian Ocean belt off Sri Lanka facing imminent threat of collisions with ships in searching for a balance between development and the environmental protection
VIOLATIONS OF INTERNATIONAL LAW BY THE GOVERNMENT OF AUSTRALIA IN PRACTICE OF TURN BACK THE BOAT MANAGEMENT POLICY FOR ASYLUM SEEKERS
Get PDFConflicts in several countries in Asia resulted in increasing number of refugees and asylum seekers. The need for protection and a decent life makes them willing to take any way to get protection in other countries, including by being illegal migrants. Australia, as a destination country for asylum seekers, imposed Operation Sovereign Borders by intercepting and returning ships carrying asylum seekers to protect the border while reducing the rate of illegal migrants coming into the country. In practice, this policy violates various provisions of international law, namely the principle of non-refoulement, human rights law, SAR obligation, the handling of migrant smuggling and violations of Indonesia sovereignty
JUDICIAL CONTROL OF FOREIGN ARBITRAL AWARDS IN INDONESIA
Get PDFThe enforcement of foreign arbitral awards has been recognized and accepted internationally through the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, the Convention also allows the court where the enforcement is sought to refuse the enforcement of an award. This kind of judicial control is very important. However, it should be conducted in accordance with the refusal grounds stipulated in the Convention. The refusal grounds are restrictive and should be interpreted narrowly. The use of other grounds other than and/or overly broad interpretation of the refusal grounds provided by the Convention will make it inefficient, which is from the outset the aim was to ease the recognition and enforcement of a foreign arbitral award in Contracting Parties of the Convention. This paper discusses the implementation of judicial control of foreign arbitral awards in Indonesia. It seeks to find out whether the judicial control of foreign arbitral awards in Indonesia has been in line with the requirements of the New York Convention. It finds that judicial control of foreign arbitral awards made by Indonesia's judiciary sometimes could be considered not in line with the requirements of the New York Convention
Urgent Need for National Maritime Security Arrangement in Indonesia: Towards Global Maritime Fulcrum
Get PDFUnder President Joko Widodo’s administration, Indonesia’s archipelagic outlook has been re-asserted as the basis of Indonesia’s foreign policy, by introducing the concept of Global Maritime Fulcrum (GMF). GMF is aimed put Indonesia as a single maritime power with considerable diplomatic influence in becoming a central role in two vast maritime regions. The implementation requires the maintenance of three key areas national sovereignty, maritime security and regional stability. While the scope of maritime threats has been broaden, the establishment of maritime security should encompasses at least three key areas, namely settling unresolved maritime border with neighboring countries; combating illegal, unreported and unregulated fishing as well as other illegal exploitation of ocean resources; and combating maritime piracy and armed robbery at sea. Unfortunately those are the biggest problems Indonesia has over security and stability of Indonesia’s maritime. Such problems are mainly due to the lack of national maritime security arrangement. The existing national legal frameworks in maritime security issues are still very sectoral in nature. In addition, inconsistency between existing domestic legal framework with international legal framework, and a non-updated existing legal framework raised problems with regard to the law enforcement at sea. This paper analyses Indonesia’s current sectoral legal framework on maritime security towards the achievement of GMF. It is argued that in maintaining national sovereignty, maritime security and regional stability, single national maritime security arrangement is needed
ARCHIPELAGIC STATE RESPONSIBILITY ON ARMED ROBBERY AT SEA
Get PDFRecent hijackings to Indonesian ships on the southern waters of the Philippines have raised alarming concerns not only from the involving states but also other countries in the region. Such crimes at sea frequently occur in the area of the coastal states in this case archipelagic states such as Indonesia and the Philippines. This privilege as archipelagic states automatically extends their sovereignty and jurisdiction to enforce their national legislations. As a corollary, responsibility to ensure the security and capacity to protect and supervise territory should be carefully examined when looking at the current situations. This paper examines the responsibility of archipelagic states in the event of sea armed robbery within their jurisdiction