International Law Perspective Research Articles

Natural resource management and legal consequences for the environment from the perspective of international environmental law

Management of natural resources that is not in accordance with international problems such as air pollution. Pollution that occurs in the air environment due to forest fires that occurred in Indonesia, especially in 2019 in Riau Province, is not in line with the principles of international environmental law. One of them is the principle of "Sic utere tue ut alienum non leads" in which the state is prohibited from allowing and/or carrying out activities that are detrimental to other countries. So that from these actions there are legal consequences for the State of Indonesia. The purpose of this study is to analyze and find out about preventive measures for the air environment and environmental law due to the air environment based on international law. The method used in writing this thesis is a normative research method. The legal materials used are primary, secondary and tertiary legal materials. The results of this study are that the management of natural resources is not carried out in accordance with the principles of international law, causing air pollution which has a negative impact on the State of Indonesia and also for the State of Malaysia, Singapore. From this research, it is also not allowed to take preventive action through supervision carried out through the government of the State of Indonesia.

Penggunaan Cyber Warfare dalam Konflik Bersenjata Internasional Antara Rusia-Ukraina Menurut Hukum Humaniter Internasional

Today's the advancements of technology have an impact on many aspects of life, including health, education, transportation, business, information communication, and government administration. Nonetheless, given the strong relationship between technology and the military, technology advancements could lead to a war. The sheer proliferation of technologies implemented in military operations spawned technology-based warfare called cyber warfare. Cyber warfare refers to wars carried out through the virtual world and is coordinated with conventional warfare. In cyber warfare, opposing countries perform cyber operations through cyberspace as the latest weapon of warfare launched to destabilize the national security and stability of the target state. The current cyber warfare is in the international armed conflict between Russia and Ukraine. This article analyses the deployment of cyber warfare in international armed conflict from the international humanitarian law perspective, and it also investigates Russia's use of cyber warfare against Ukraine. The purpose of this article is to understand how international humanitarian law rules the use of cyber warfare in international armed conflicts, in addition to the way Russia employs cyber warfare against Ukraine. This article is normative law research which uses the statute approach with juridical-normative research method. The findings found that cyber warfare carried out within the framework of international armed conflict is subject to international humanitarian law and that its use is also restricted by the fundamental principles of international humanitarian law. The research also found that Russia's cyber warfare against Ukraine in an international armed conflict is against the principles of differentiation and proportionality.

Islam and Maritime Security Cooperation Zone for Combating Terrorism: An Overview of Islamic Legal Thought

This article aims to examine the phenomenon of cooperation among Southeast Asian countries in dealing with the case of maritime security and counter-terrorism. The study uses the legal approach covering both international law and Islamic law perspectives. The finding of this article reveals that the implementation of the ASEAN Convention on Counter-Terrorism (ACCT) plays a crucial role in combating terrorism in the context of maritime security. Furthermore, relevant ASEAN member state authorities need follow-up support to enhance cooperation. The supports are important to counter, prevent, and suppress terrorism, terrorist organizations, associations, and networks' plans of the act. Yet, the implementation of ASEAN cooperation has faced the challenging reality of the paradox of maritime sovereignty among states in the region. The problem is likely encouraged by the factor of the internal political dynamics within each state involving the instrumentalization of the issue of national security. Instead of remaining as the problem on the surface, the conceptual initiation of the cooperation forged by religious doctrine such as ta'awun may be considered.

The path to inclusion for undocumented migrant children in South Korea

This study focuses on undocumented migrant children in South Korea. The Korean migration policies are centered on marriage migrants and their children until recently, while the issue of undocumented migrant children of migrant workers has long been overlooked. Undocumented migrant children are placed in an extremely unstable situation both legally and practically. This study shows why their basic rights should be protected from the perspective of constitutional and international law. It examines the comprehensive legal and policy frameworks of migration and the newly introduced measures to protect these children in Korea. It concludes with a discussion of the shortcomings of the current system and recommendations for improvement.

Research on the Right of Self-Defence from the Perspective of International Law

The right of self-defence is an indispensable concept in international law, especially in the UN charter. States can protect their legitimate rights and interests from other states infringement by exercising different types of the right of self-defence. However, with the rapid advancement of technology, economy, and politics, the right of self-defense faces new challenges. The collective self-defence, the anti-terrorism self-defence and the preventive self-defence are not perfect, and the specific content of the armed attack is not clear. Although there is no clear solution system in international law at present, it can be thought of and tried from the aspects of perfecting restrictive provisions, reasonably interpreting relevant terms, and strengthening the compelling force of international law.

The Issue of ‘Heixiazi Island’ on the Eastern Border Between China and the Soviet Union (Russia)

In order to resolve the bilateral land border issue, from 1964 to 2004, the governments of China and the Soviet Union (Russia) held four rounds of diplomatic negotiations, and finally resolved this historical issue that affects the healthy development of bilateral relations by delimiting the border between China and Russia which is about 4,300 kilometers long. Due to its special nature and historical status, the issue of Heixiazi Island has always been an important factor affecting the historical process and even the outcome of Sino-Soviet (Russian) border negotiations. This article mainly reviews the negotiation history of the Heixiazi Island issue and analyzes the positions and viewpoints held by China and the Soviet Union during the negotiations. A brief comment is also made on the settlement of the Heixiazi Island issue through negotiations from the perspective of international law.

Mencermati Kewenangan Daerah untuk Melakukan Hubungan Luar Negeri: Batasan Kewenangan dan Keabsahannya

The authority to carry out foreign relations lies on the Central Government. However, the Regional Government can also establish relations with other regions abroad. This paper reviews the boundaries between regional and central authorities when conducting foreign relations within the conceptual framework of the regional autonomy in Indonesia. This paper attempts to answer two problems formulation, namely: first, what are the limits of regional authority to conduct foreign relations? Second, is the form of foreign relations carried out by the regions recognized internationally? By using statutory and conceptual approaches, this paper presents a normative research using the perspective of constitutional law and international law. Based on the research and discussion, the following conclusions are drawn: first, regional authority in conducting foreign relations is formulated as part of the implementation of concurrent government affairs by the regions, the implementation of which is based on the limits of authority, namely: general limits and minimum limits. Second, according to international law, foreign relations actions by the regions are considered valid, with references to customary international law, agreements that have been made, and the state responsibility for foreign relations particularly on actions conducted by the regional bodies.

Mandatory Human Rights Due Diligence Laws: Blurring the Lines between State Duty to Protect and Corporate Responsibility to Respect?

ABSTRACT This paper assesses mandatory human rights laws for companies in light of the public–private divide in international human rights law. It asks whether and to what extent these laws contribute to the blurring of the private–public divide by reducing or even eliminating the boundaries between the obligations of public and private entities. The paper also assesses whether maintaining the divide is normatively desirable from the perspective of international human rights law. It first explains the public–private divide in international human rights law by recalling its doctrinal basis, reflecting on attempts to create binding obligations for companies in international human rights law, and assessing the United Nations Guiding Principles on Business and Human Rights within this framework. Next, it analyses existing and proposed domestic laws and legal instruments aimed at establishing human rights obligations for companies. It highlights the difference between approaches directly binding companies to human rights and laws requiring human rights due diligence. Based on this, the paper concludes that the public–private divide remains a useful analytical framework for international human rights law even though the boundaries between public and private are increasingly blurred in practice.

Transnational Smuggling of Migrant Workers from International Law Perspective

Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.

Reasonable restrictions on the freedom of fishing in high seas marine protected areas from an international law perspective: an analysis

With the development of marine protected areas (MPAs) on the high seas in the international community and an international agreement protecting biodiversity beyond national jurisdiction, how to reasonably restrict the freedom of fishing in the high seas MPAs has become a controversial issue in theory and in practice. This article will use doctrinal research method. It will discuss existing provisions regarding restricting the freedom of fishing on the high seas including the high seas MPAs. These provisions have been codified in international treaties, international resolutions, and international soft law. In addition, since regional fisheries management organizations (RFMOs) also take part in fishery management in the high seas MPAs, this article will refer to measures of relevant RFMOs to discuss how restriction is going in terms of the freedom of fish in the high seas MPAs. This article finds that the fishing-restriction measures stipulated in international documents represented by the United Nations Convention on the Law of the Sea are too general. In addition, some treaties do not address certain issues of restricting fishing methods by non-contracting parties. Therefore, these treaties are limited. The fishing practices of the four high seas MPAs that have been established by the international community reveals the establishment of several reasonable fishing restrictions. However, their shortcomings are evident. From the perspective of international law, it is important to improve the principle of reasonably restricting the freedom of fishing in MPAs on the high seas based on practice and positive law while proceeding steadily. Moreover, restriction measures cannot be too broad or narrow. Specifically, we should continue to develop mechanisms such as exceptions, ways of restricting fishing, advocacy provisions for non- contracting parties and measures to strengthen international information exchange.

Climate Change, Resulting Natural Disasters and the Legal Responsibility of States: An International Law Perspective, written by Alexandra Birchler

Climate Change, Resulting Natural Disasters and the Legal Responsibility of States: An International Law Perspective, written by Alexandra Birchler

CYBERCRIME AND GLOBAL SECURITY THREATS: A CHALLENGE IN INTERNATIONAL LAW

This research aims to examine the challenges faced in handling cyber crimes and global security threats from the perspective of international law. In the digital era, cyber crimes are increasing and causing detrimental impacts both at the national and international levels. Therefore, international cooperation and strong law enforcement are needed to overcome this challenge. The research method used in this study is a descriptive-analytical approach. This research was conducted by analyzing regulations and policies that apply at the international and national levels, as well as literature studies from reliable sources. The results of the research show that the challenges faced in handling cyber crime and global security threats cannot be solved individually by a country. Strong international cooperation and harmonization of international law are needed to overcome this challenge. International cooperation between countries in the field of information and technology is very important to build better cybersecurity.

THE IMPACT OF WHV (WORK HOLIDAY VISA) ON INTERNATIONAL LAW

The Minister of Trade, Enggartiasto Lukita held a collaboration program with the Australian Minister of Trade, Simon Birmingham, the Indonesia-Australia Comprehensive Trade Agreement (IA-CEPA). One of the results of the signing of a free trade agreement namely Australia with Indonesia is the addition of working and holiday visa quotas in Australia for eligible Indonesian youth. The Australian Government has confirmed that there will be an increase in the number of Working Holiday Visa (WHV) quotas prepared as part of the agreement. The total quota will reach 4,100 from the previous 1,000 in the first year, with an increase of 5,000 in six years. There are no research results that explain how the WHV is against the perspective of international law because this is a new thing. This is a challenge to discuss and how it affects the world. The method used in the preparation of this journal is the normative-juridical method. The program must be utilized properly because it will have a positive impact on Indonesia and notify the public, especially young Indonesians who want to go to Australia in order to take education and work

On the legal status of marine fishery resources: From the perspectives of international fishery law

The legal status of marine fishery resources is analyzed from a spatial perspective: States have the right for their nationals to engage in fishing activities in the corresponding maritime areas based on the sovereignty, sovereign rights, the principle of freedom of the high seas as well as the principle of the common heritage of mankind of the Area under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Meanwhile, the legal status of marine fishery resources is analyzed from two aspects in terms of contents: the legal regime of exploitation and utilization of marine fishery resources and the legal regime of conservation and management of marine fishery resources. The transformation of marine fishery resources from natural resources to individual catches involves the regime of ownership. There is no specific regime of ownership regarding marine fishery resources under UNCLOS or other international legal instruments, which should be stipulated by domestic laws.

INVESTOR-STATE DISPUTE SETTLEMENT IN INTERNATIONAL PUBLIC LAW: AN EVALUATION OF RECENT DEVELOPMENTS

Investor-State Dispute Settlement (ISDS) is a mechanism for resolving disputes between investors and states under international investment agreements. While ISDS has become increasingly popular over the past few decades, it has also been subject to significant criticism for giving too much power to foreign investors and undermining the sovereignty of host states. In this article, we evaluate recent developments in ISDS from the perspective of international public law. We discuss the origins and growth of ISDS, as well as the increasing use of ISDS by investors from developed countries against developing countries. We then examine recent developments in ISDS, including the adoption of transparency rules by UNCITRAL, the Mauritius Convention on Transparency in ISDS, and changes to the way ISDS cases are decided. While these developments represent positive steps towards improving the legitimacy and effectiveness of ISDS, we also acknowledge remaining concerns regarding the imbalance of power between investors and host states, as well as the high costs of defending claims.

The principle of legal certainty concerning the implementation of legalization according to the apostille convention viewed from an international civil law perspective

The principle of legal certainty is a foundational principle in the field of international law. The law must possess clarity, predictability, and accessibility for all individuals. The Apostille Convention is a multinational agreement that streamlines the procedure of authenticating public documents for international use. This is achieved by eliminating the need for authentication by a diplomatic or consular officer. This research study investigates the concept of legal certainty within the framework of the Apostille Convention. In writing this legal research, the author uses the concept of legal research with a comparative approach to compare the application of Apostille in Indonesia with Apostille in other countries. According to the researcher, implementing the Apostille Convention, already underway in Indonesia, has yet to fulfil reasonable legal assurance regarding international private law. The reason is that international law has a different legal system and regulations; the HCCH organization, as an Apostille melting pot, still needs legal arrangements that apply to all convention countries equally. Indonesia has more documents that can be ratified in submitting an Apostille application, but not all countries are the same in confirming an Apostille document.

Regional and Global Regulations and New Remedies on the Prevention of Violence Against Women from the Perspective of International Law

Bu çalışmada, esas itibarıyla kadına karşı şiddetin önlenmesi konusundaki, bölgesel ve küresel uluslararası hukuk düzenlemeleri ele alınarak incelenmiştir. Bu yapılırken mesele bölgesel ve küresel perspektiften değerlendirilmiştir. Bu kapsamda, esas itibarıyla “Kadına Yönelik Şiddetin Önlenmesi, Cezalandırılması ve Ortadan Kaldırılmasına İlişkin Amerikalılararası Sözleşme” ele alınmıştır. Söz konusu Sözleşme, Amerikan Devletler Örgütü (OAS) bünyesinde hazırlanarak 9 Haziran 1994 tarihinde imzaya açılmış, 3 Mayıs 1995 tarihinde yürürlüğe girmiştir (m.21). Sözleşme, bölgesel düzeyde kadına karşı şiddet konusunda hazırlanmış ilk Sözleşme niteliği taşımaktadır. Aşağıda ana hatları ve maddeleri itibarıyla getirdiği hükümler incelenen Sözleşme, anılan Örgüte üye olmayan devletlerin de katılımına da açıktır (m.17). Sözleşme toplam 5 Bölüm ve 25 maddeden oluşmaktadır. Buna göre, Sözleşmenin 1’inci Bölümü’nde Tanım ve Kapsam’a, 2’nci Bölümü’nde korunan haklara, 3’üncü Bölümü’nde Taraf Devletlerin görev ve sorumluluklarına, 4’üncü Bölümü’nde Amerikan Devletleri Koruma Mekanizmalarına ve son olarak 5’inci Bölüm’de ise genel hükümlere yer verilmiştir. Çalışma kapsamında ayrıca Türkiye’nin kadına karşı şiddet konusundaki ulusal mevzuatı ve uluslararası hukuk bakımından taraf olduğu sözleşmeler ile tanıdığı bireysel başvuru yollarına da işaret edilerek önümüzdeki dönemde bu alanda küresel düzeyde yapılabilecekler konusunda öneriler ortaya konulmuştur.

China’s Engagement in Arctic Governance for Its Sustainable Development Based on International Law Perspective

With climate change, melting sea ice and snow in the Arctic increase the probability that states engage in activities there. The prosperity of Arctic activities serves as a reminder to the international community that the issue of Arctic governance must be prioritised to avoid Arctic unsustainable development. As a major stakeholder besides the Arctic states, it is necessary to study China’s role in Arctic governance for its sustainable development to provide a reference for the diplomatic decision-making of other states. The paper selects international law as a perspective. It discusses China’s engagement in the development of international law related to the theme from the global, regional, and bilateral/multilateral levels. At the global level, China’s national role is characterized by engaging in global governance under the international rule of law for guarding the international order based on international law. At the regional level, China maintains the role of supporting and engaging in the Arctic Council, both before and after its establishment. At the bilateral and multilateral levels, China, as an Arctic stakeholder pursuing cooperation, has achieved many cooperation results. The paper holds that under China’s national roles, China’s engagement has affected the development of international law referred to the theme to some extent.

Multinational Enterprises and Consumer Human Rights

In the last few decades, most lawsuits alleging human rights violations by multinational enterprises reveal massive infringements of labor standards or environmental pollution. Additionally, most domestic studies have focused on the choice of law in Conflict of Laws and the social responsibility of multinational enterprises. However, with the development of the market economy and the deepening of foreign relations, consumer rights and interest protection have become increasingly significant to individuals and countries. As a result, this paper, in addition to the international human rights obligations of MNEs, will further discuss the internal and external causes of MNEs’ violations of consumers’ human rights from the perspective of multinational enterprises, host states, home states, and international law. And its corresponding countermeasures from the parent company and host states which includes administrative actions, criminal penalties, consumers’ civil remedies, and the broad influence of the media, will provide access to protection for a wide range of consumers.

식민주의 및 비식민조치에 대한 기초적 검토 - 국제법적 시각을 중심으로 -

식민지와 식민주의, 비식만화조치의 법적 정의는 확립되어 있지 않다. 이 문제는 논의되고 있는 식민주의에 역사적 사실적 배경을 두고 있는 많은 법적 분쟁의 합리적 해결 방안 모색을 어렵게 한다. 식민주의에 대한 국제법적 정의가 어려운 것은 현재나 과거 식민주의가 가장 고조에 달했던 19세기말 20세기 초에나 모두 마찬가지였다. 식민주의에 대한 정의 및 범주 확인이 어렵다는 점은 결과적으로 비식민화조치에 대한 정의를 어렵게 한다. 그러나 한 가지 지적해야 할 것은 비식민화조치를 이해함에 있어서 자결권 개념에 대한 이해가 요구된다고 하더라도, 반드시 비식민화조치에 유엔이 관여해야 하는 것은 아니다. 이는 역사학계의 입장도 아니며, 반드시 유엔을 통한 자결권 획득 과정을 비식민화조치로 이해해야 할 국제법적 근거가 존재하는 것도 아니다. 비식민화조치 위원회의 활동 역시도 현시점에서 참가국들의 정치적 입장에 따라 운영되고 있는 측면을 부인할 수 없다. 이러한 점을 상기한다면 1945년 일본의 패전과 동시에 우리나라가 주권을 회복하였다고 하였으며, 이 과정에서 유엔의 개입이 없었다고 하더라도 반드시 그 비식민화조치로서의 성격을 부인할 것도 아니다. 식민주의와 식민지에 관한 문제는 현재의 여러 법적문제에 영향을 미치며, 특히 우리나라와 일본이 풀어가야 할 위안부 문제, 대법원 강제징용 문제, 독도 문제에 있어서 그러하다. 이 문제에 대한 우리나라의 시각을 국제법적으로 정당화시키기 위해서는 식민주의와 식민지 문제에 관한 우리나라의 입장 정립을 필요로 한다. 이러한 입장을 토대로 우리나라의 현안 과제에 대한 합리적인 해법을 제공할 수 있다면 이는 추후 동일한 성격을 가지는 다음 비식민화조치 및 이로 인한 국제 분쟁 사례에 의미 있는 선례로 작용할 수 있을 것이다. 이러한 과정의 집적을 통하여 국제법상 식민주의 및 식민화조치에 대한 그 내용 수립에도 이바지할 수 있을 것이다.