International Law Perspective Research Articles

A Case Study on The Abduction of Ukrainian Children within The Ukraine-Russian Conflict under International Law Perspective

Penculikan anak berupa tindakan serius terhadap pelanggaran norma-norma hukum internasional. Hukum internasional sendiri merupakan kumpulan prinsip-prinsip aturan dasar yang wajib ditaati oleh negara-negara dalam hubungan antarnegara. Walaupun itu, berbagai organisasi internasional seperti Perserikatan Bangsa-Bangsa (PBB) dan Human Rights Watch (HRW), telah mendokumentasi dan menyebarkan laporan berupa pers tindakan deportasi ataupun penculikan anak oleh tentara Rusia sejak awal serangan Rusia terhadap Ukraina pada tahun 2022. Tujuan penelitian ini mengharapkan para pembaca untuk menambah wawasan serta memahami hukum internasional dalam konteks penculikan maupun deportasi anak. Permasalahan penulis ketemui merupakan apa saja dasar hukum internasional terhadap penculikan anak serta bagaimana implementasi hukum terhadap pelanggaran tersebut. Metode penelitian berupa hukum yuridis normative untuk menganalisis hukum positif terhadap penculikan anak menurut hukum internasional. Bahwa dalam kajian penelitian ini terdapat berbagai peraturan dan konvensi yang bersifat preventative dan represif. Konvensi Geneva I mengatur tindakan deportasi dapat diakui sebagai genosida. Konvensi Geneva IV mengatur hak dan kewajiban organisasi humaniter dalam keadaan perang. PBB 1989 mengatur hak-hak anak. Sementara, Statuta Roma mengatur hak dan kewenangan Mahkamah Pidana Internasional untuk menggugat dan memutus hukuman ke pelaku tindak pidana.

Handling Deportants and Returnees of Former Foreign Terrorist Fighter: International and Domestic Law Perspectives

The defeat of the Islamic State of Iraq and Syria (ISIS) after the last war in Baghouz, Syria, by the Syrian Democratic Forces (SDF) in 2019 was not the end of the problem of global terrorism today. ISIS, which has sympathizers from different countries, currently leaves the problem of handling its deportees and returnees, including in Indonesia. This paper intends to examine the problems of deportants and returnees of former Foreign Terrorist Fighters (FTF) in Indonesia normatively, focusing on the political aspects of law, positive criminal law, and international criminal law. Based on the type of normative research, legislative, comparative, and conceptual approaches, this paper argues that the handling of deportants and returnees of former foreign terrorist fighters in Indonesia within the framework of positive criminal law still seems to be dominated by a paradigm of legal thinking that leans on aspects of restraint and retribution rather than prioritizing aspects of reformation and deterrence. In addition, positive criminal law instruments are still not sufficiently accommodating in supporting law enforcement in handling deportants and returnees of former FTFs in Indonesia.

Vietnam's sovereignty over the South China Sea from the perspective of international law

ABSTRACT The principle of sovereignty, ie of supreme authority within a territory, is a pivotal principle of modern international law. Although the role of modern international law in establishing the sovereignty of states has changed many times, it must still be affirmed that international law sources are an important international legal basis for states to determine their sovereignty, including national sovereignty over the seas. The South China Sea (‘SCS') (Bien Dong or, East Sea in Vietnamese) has long been regarded as a major source of tension and instability in Pacific Asia. The purpose of this article is to discuss the views and positions of Vietnam on sovereignty over the two islands of Paracels (Hoang Sa in Vietnamese/Xisha in Chinese), Spratlys (Truong Sa in Vietnamese/Nansha in Chinese) and maritime zones in the South China Sea on the basis of international law and practice.

Research on Refugee Governance from the Perspective of International Law -- Taking the Israeli-Palestinian Conflict as an Example

The problem of refugee protection has existed in the international community for a long time, which is almost unavoidable for every member of the international community for its close relationship to national politics, economy, law, national security, diplomacy and so on. This paper mainly focuses on the current Israeli-Palestinian conflict to discuss the main sources of refugees and their governance dilemmas as well as attaches great importance to the protection and governance of refugees' rights and the possible improvement of international cooperation mechanisms. Responding to the refugee crisis requires greater cooperation at the regional and global levels. Finally, this paper puts forward some relevant thoughts. For example, advocating the creation of an independent Pakistan is the most effective approach. It is also important to promote peace processes such as negotiations and reconciliation, and to actively engage in international cooperation at the world level, with appropriate assistance from both States and international organizations. Hopefully, these measures can contribute to the international refugee problem through this own research.

Starlink’s Provision of Telecommunication Services During the Time of Armed Conflict and Its Consequences from the Perspective of Public International Law

This article attempts to provide an overview of the most important international regulations relating to the provision of telecommunication services by private companies to one or more belligerent parties in times of an armed conflict. Taking as an example the recently widely commented issue of Starlink allegedly withholding its services otherwise provided to the Ukrainian Armed Forces, this article reviews the issue from the perspective of general public international law as well as international space law. Specifically, the customs and regulations concerning the attributability of private parties actions as well as peaceful utilisation of outer space are scrutinised.

Recognising Religious Groups as Litigants: An International Law Perspective

The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members.

Access to Work for Those Seeking Asylum: Concerns Arising from British and Swedish Legal Strategies

Abstract This article seeks to probe the controversial relationship between seeking asylum and the permission (or obligation) to work. In doing so, we recognise the concurrent claims that can be made for asylum and access to the labour market, problematising the concept of ‘work’ and its relationship to freedom and dignity from the perspective of international refugee law and European human rights norms alongside European Union (EU) law. We examine how British and Swedish legal systems have reflected two starkly opposed policy stances. The UK has long denied asylum seekers the financial and psychological benefits that come with work usually until refugee status is formally granted, but the Swedish system has facilitated a complementary pathway for asylum seekers whose labour can make (what is determined politically to be) a sufficient contribution to the economy. We identify the perceived benefits and failings of each strategy. In this context, we observe that the status quo in both countries is changing and even arguably converging around an illiberal consensus regarding the relationship between asylum and work, which will demand further attention and potentially legal challenges in the years to come.

Analysis of Japan's Nuclear Sewage Discharge into the Sea from the Perspective of International Law

Analysis of Japan's Nuclear Sewage Discharge into the Sea from the Perspective of International Law

Sustainable sides of taxation: An international law approach

This article explores from an international law perspective how taxation can be used by states as an instrument to address the mutually reinforcing themes of sustainability and human rights, and to sustain a civilisation. In doing so, the article discusses how far the maximisation of financial resources through a domestic tax system is necessary for the attainment of the United Nations Sustainable Development Goals. It further discusses whether tax avoidance by multinational enterprises is an infringement of the human rights obligations undertaken by states under the International Covenant on Economic, Social and Cultural Rights.

Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law

The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification, eventually entering the human body via the food chain. This poses a substantial risk of irreversible damage to both the ecosystem and human health, a situation that will worsen with the ongoing discharge of such water. The respect and protection of human rights represent an international consensus, and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law. Since the Fukushima nuclear disaster, Japan has continuously violated its international legal obligations to protect human rights in several areas, including the resettlement of disaster victims, the reduction of nuclear radiation levels, and the handling of contaminated water. Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide, including environmental rights, the right to life, development rights, and food rights. In the aftermath of the Fukushima meltdown, the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels, endangering their rights to life, development, and health. Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation. The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large. The principle of human rights underpins the theory of a community with a shared future for humanity, and human rights are a crucial area of China’s active participation in United Nations affairs and global governance. By voicing concerns over Japan’s potential human rights violations globally, China demonstrates its role as a responsible major country. In response to Japan’s breach of legal obligations and human rights violations, China can adopt a reasoned and beneficial approach, including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment. Furthermore, China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability, utilizing the mechanisms of international human rights organizations to make its voice heard.

Indonesia's Response to Rohingya Refugees in the Perspective of International Law in 2023

The focus of this research aims to examine how Indonesia's response to Rohingya refugees in the perspective of International Law in 2023. This research uses a qualitative approach with a case study method, after obtaining and researching existing datasets, an evaluation is carried out using qualitative analysis methods. The findings of this research explain Indonesia's response to the Rohingya refugees that occurred in mid-November 2023 with a focus on the perspective of international law. Although Indonesia has not ratified the 1951 Refugee Convention and 1967 Protocol, it has demonstrated engagement that reflects a commitment to the relevant principles of international law. The Indonesian government has given a mandate to UNHCR to handle the protection of Rohingya refugees, Indonesia also seeks international cooperation in dealing with this Rohingya refugee problem, the Indonesian government accepts Rohingya refugees openly because the basis of humanity is stated in Pancasila and the 1945 Constitution as the basis of this country. In addition, Indonesian positive law which contains Article 3 of Presidential Regulation 125/2016 related to the handling of refugees from abroad, and Indonesian national law also contains policies for handling asylum and refugees stipulated in Article 26 of Law 37/1999 as well as the application of the principle of non-refoulement which is applied without exception as the basis for providing assistance and protection to Rohingya refugees.

To Blockade or Not To Blockade? The Legal Status of Russia's Suspension of Shipping in the Sea of Azov

Abstract This article explores the legal situation relating to the Sea of Azov in the light of the Russian suspension of shipping on 24 February 2022. While this act received little scholarly or political attention, there is a debate concerning the legality of the suspension of shipping, mainly whether it is governed by the law of naval blockade under the laws of naval warfare. The article analyses the situation from the perspectives of both international humanitarian law (IHL) and the law of the sea (LOS) and examines how the interaction between the two legal regimes affects the analysis. The article supports the conclusion that the Russian conduct does not constitute a naval blockade but may be an accepted practice within the legal regime of naval warfare. In addition, it holds that LOS affects both the laws of naval warfare and the status of the Sea of Azov. Furthermore, the article raises doubts as to the relevance and applicability of the legal concept of naval blockade in modern international law.

Cyber Warfare as a Use of Force against Third-Party Countries: The Perspective of International Law

The use of force in international relations takes different forms and changes year by year due to the development of cyber technology. The problem mentioned in this study is that the Charter of the United Nations (UN Charter) and international law have not considered weapons development and future weapons that may be used in international relations, as Russia has used such weapons during the war against Ukraine. Unfortunately, cyber technologies were used to deter and weaken Ukraine’s chance to gain an advanced result on the ground. Although such cyber operations can cause the same physical damage as other weapons, the international community is still struggling to determine whether using a cyber weapon is considered a use of force. This study argues that cyber attacks against third-party countries that support Ukraine during the war may count as the use of force and a breach of Article 2(4) of the UN Charter.

Mechanisms for Addressing Space Debris from the Perspective of International Law

This paper explores the various mechanisms available for addressing the issue of space debris through the lens of international law. As human activities in space continue to increase, so does the accumulation of space debris, posing significant risks to satellites, spacecraft, and overall space operations. International law plays a crucial role in governing space activities and managing the growing problem of space debris. This paper examines the legal frameworks and mechanisms established at the international level to mitigate, prevent, and manage space debris. It analyzes treaties, agreements, guidelines, and principles relevant to space debris mitigation and explores the roles of different actors, including space agencies, governments, and international organizations, in implementing these mechanisms. The paper also discusses challenges and gaps in current legal frameworks and suggests potential avenues for enhancing international cooperation and coordination in addressing the issue of space debris. Through this examination, the paper aims to contribute to the understanding of the intersection between international law and space debris management and to inform future policy and decision-making in this critical area.

Examining Singapore’s State Responsibility in International Law Perspective for the Death of David Hartanto: A Case Study of an Indonesian Citizen in Singapore's Territorial Territory

This paper delves into the complex legal and ethical dimensions surrounding the death of David Hartanto, an Indonesian citizen, within the territorial boundaries of Singapore. Hartanto's tragic demise sparked significant attention and debate, raising questions about Singapore's obligations under international law regarding the protection of foreign nationals within its jurisdiction. Drawing upon legal principles, case law, and relevant international agreements, this study scrutinizes Singapore's state responsibility concerning the death of Hartanto. It analyzes the circumstances leading to his demise, investigates potential breaches of legal obligations by Singaporean authorities, and evaluates the adequacy of the legal frameworks governing the protection of foreign nationals. Moreover, the paper explores the broader implications of this case for diplomatic relations, human rights protections, and the rule of law in the context of transnational incidents involving state responsibility. By critically examining the Hartanto case, this paper contributes to the ongoing discourse on the intersection of state sovereignty, human rights, and international legal obligations, offering insights into avenues for enhancing accountability and ensuring the protection of individuals irrespective of their nationality within a state’s territorial jurisdiction.

Private international law regulation of individual employment relationships within the European Union

This article is a revised version of a concept paper written for the European Commission on the private international law regulation of individual employment relationships within the EU. It aims to assess the regulation of such relationships from the perspective of European private international law and indicate potential avenues for reform.

New developments and trends in extended continental shelf delineation practices—An analysis of China's participation and response strategies

Rights and interests concerning the continental shelf beyond 200 nautical miles (extended continental shelf, ECS) are related to important aspects of a nation's marine utilization such as marine resource development, marine technological innovation, and the construction of marine ecological civilization. China is a country with a long coastline and has the right to delineate large areas of ECS according to the United Nations Convention on the Law of the Sea (UNCLOS). However, the process of confirming China's ECS rights under international law is particularly complicated owing to the complex maritime delineation disputes between China and its neighboring countries. From the perspective of international law, this study uses the method of historical analysis and case analysis to retrospectively explore the evolution of the international legal frameworks governing ECS and analyze its current characteristics and trends in practice. On this basis, the paper evaluates the major challenges of China's national practice in ECS delineation and puts forward suggested countermeasures for safeguarding its legitimate rights and interests related to ECS.

Towards carbon neutrality in shipping: Impact of European Union's emissions trading system for shipping and China's response

Global climate change and the rising volume of world trade have made achieving carbon neutrality in shipping essential for meeting the temperature control targets outlined in the Paris Agreement. Consequently, the European Union (EU) has emerged as a strong advocate for carbon neutrality in shipping and is integrating the shipping industry into its Emissions Trading System (ETS) to enable decarbonisation. The EU's unilateral measure is expected to trigger a series of reactions from the global shipping industry. As a result, China, both a major shipping country and developing nation, could potentially attract significant international attention. This study examines the EU ETS for shipping from the perspective of international law. On one hand, the "Kyoto Protocol" does not exclude parties other than the International Maritime Organization (IMO) from taking unilateral measures to address the issue of carbon emissions from shipping. Furthermore, in accordance with the principle of national territorial sovereignty stipulated in the United Nations Convention on the Law of the Sea (UNCLOS), the EU has the right to reduce shipping emissions only within its national jurisdiction. Therefore, the EU has the legal authority to adopt an ETS for shipping, but the effectiveness of its extraterritorial jurisdiction lacks the support of international law. However, since the EU ETS for shipping applies to all ships without distinction, it may potentially violate the principle of Common but Differentiated Responsibilities (CBDR), which could have negative implications for the shipping industry in developing countries. This study focuses on China as the research subject and offers potential solutions for the country when addressing the EU ETS for shipping.

International human rights law in the era of digital disinformation and propaganda: case studies from Myanmar and Ukraine

Today, more than ever, the Internet and social media have become our primary sources of informa­tion, offering us a window to the world. However, this freedom to access and disseminate information has neg­ative consequences, as it allows for a rapid spread of disinformation, propaganda, and hate speech. From the perspective of international human rights law, questions arise regarding the obligations and responsibilities of states. In this discussion, the authors argue that one of the primary tasks of states is to take necessary and ap­propriate measures to simultaneously protect the freedom of expression and prevent the spread of propagan­da and disinformation. Balancing these conflicting interests is a complex challenge. To better understand them, the authors analyse selected examples from international and domestic jurisprudence and practice, such as the Rohingya genocide in Myanmar and the war in Ukraine. These cases serve to illustrate how state-sponsored propaganda and disinformation can lead to violence and result in grave human rights violations.

Legality of Americas Military Action Against Terrorism in Iraq from the Perspective of International Law

This paper mainly studies the legality of military action against terrorism under international law. It takes the anti-terrorism action of America in Iraq in 2003 as a case (Iraq war). It judges its legality and necessity by linking the action with legislations such as International Humanitarian Law and the (Third) Geneva Convention relative to the Treatment of Prisoners of War (of August 12, 1949). In the early stage of the article, the author traces the origin and defines the word 'terrorism' while introducing the counterterrorism acts enacted by the United Kingdom between 2000 and 2015 by summarizing the viewpoints of the reference. The author concludes that under the assumption that Iraq does meet the condition of conviction, some military actions of the United States violate international law and go beyond the necessary scope of anti-terrorism.