scholarly journals Artikel Penyelesaian Sengketa Laut Antara Indonesia dan Malaysia di Wilayah Selat Malaka Menurut Hukum Laut Internasional

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 457
Author(s):  
Maulidya Yuseini ◽  
Dian Rachmawati ◽  
Fransiska Yuardini ◽  
Hafidh Lukmam Syaifuddin
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Border Dispute ◽  
Economic Zone ◽  
The Law ◽  
Malacca Strait

Abstract Dispute settlement between Indonesia and Malaysia in the Malacca Strait Region started with the unilateral claims of both countries. The prevailing these unilateral claims resulted in the area of Exclusive Economic Zone in the Malacca Strait to overlap. UNCLOS 1982 is the existing International Law of the Sea and both countries ratified to this Convention. The purpose of this article is to find out how to resolve sea border disputes between Indonesia and Malaysia in the Malacca Strait Region under the Law of the International Sea. This article is also aimed to provide a narrative to the factors underlying the existing maritime border dispute. Keywords: Disputes settlement, Malacca Strait, Overlapping

Dispute Settlement in the Law of the Sea: Survey for 2015—Part i

2016 ◽  
Vol 31 (4) ◽  
pp. 555-582 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Protected Area ◽  
Dispute Settlement ◽  
Marine Protected Area ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Advisory Opinion ◽  
International Tribunal ◽  
Economic Zone ◽  
The Law

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention, and covering developments in 2015. During the year the International Tribunal for the Law of the Sea gave an advisory opinion concerning fisheries questions in the exclusive economic zone and made two orders of provisional measures. Annex vii arbitral tribunals delivered awards on the merits in the Chagos Marine Protected Area and Arctic Sunrise cases, and the tribunal in the Philippines v. China case gave an award on jurisdiction and admissibility. There were also a number of less significant developments during the year.

Introductory Note

2019 ◽  
pp. 421-428
Author(s):  
Tullio Treves
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Cote D'ivoire ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Customary International Law ◽  
Introductory Note ◽  
Economic Zone ◽  
The Law

This Note focuses on the Judgment handed out by a special Chamber of the International Tribunal for the Law of the Sea (ITLOS) in a dispute concerning delimitation of maritime areas between Ghana and Cote d’Ivoire. This is the only decision of substance of ITLOS during 2017. Among the elements of particular interests of the Judgment the following should be noted. First, the consideration and rejection of the argument that oil concession practice may constitute a tacit agreement. Second, the reliance, however limited to this case, as regards delimitation of the territorial sea on the same methodology used for the delimitation of the exclusive economic zone and the continental shelf, namely, the equidistance/relevant circumstances methodology. Third, the distinction between the function of the Chamber in delimiting the continental shelf beyond 200 nm and that of the Commission on the Limits of the Continental Shelf in delineating the outer limits of the shelf. Fourth, the examination of the question of whether the Chamber had jurisdiction to decide on questions of responsibility, and of the applicability of customary international law thereto. Fifth, the statement that to adjudicate on the claim that Ghana had contravened the Chamber’s Order on provisional measures belonged to the Chamber’s “inherent competence”. Sixth, the analysis of the regime of contested areas in light of Article 83 of UNCLOS.

scholarly journals Still a Mile too Far? International Law Implications of the Location of an Airport in the Sea

2001 ◽  
Vol 14 (1) ◽  
pp. 233-245
Author(s):  
Pablo Mendes de Leon ◽  
Erik Jaap Molenaar
Keyword(s):  
International Law ◽  
Positive Answer ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Law And Policy ◽  
International Operations ◽  
Environmental Considerations ◽  
Economic Zone ◽  
The Law ◽  
Ec Law

This essay discusses international law aspects of an airport in the Exclusive Economic Zone (EEZ), concentrating on the law of the sea and air law. The law of the sea gives a more positive answer to the question regarding the feasibility of the operation of an airport in the EEZ than air law. At the same time, the evolution of regimes, including also EC law and policy, may facilitate acceptance of international operations at a national airport in the EEZ. Finally, the prevailing circumstances, such as economic, financial and environmental considerations, will be liable to affect the acceptability of an airport in the sea, more particularly in the EEZ.

The Concept of Entitlement to an Exclusive Economic Zone as Reflected in International Judicial Decisions

2020 ◽  
Vol 53 (1) ◽  
pp. 101-133
Author(s):  
Shani Friedman
Keyword(s):  
International Law ◽  
Legal Status ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Judicial Decisions ◽  
Economic Zone ◽  
The Law ◽  
International Adjudication ◽  
Definition Of ◽  
Shed Light

The article seeks to shed light on a lacuna in the law and international adjudication regarding the entitlement of coastal states to the exclusive economic zone (EEZ), by analysing the implicit requirement in the UN Convention on the Law of the Sea of proclamation to establish such entitlement. The main argument of the article is that despite the requirement for proclamation, there is no definition of this act in international law that clarifies its legal status. Nonetheless, failure to heed the requirement to proclaim an EEZ can affect the establishment of the EEZ, which in turn affects the rights and jurisdictions of coastal states in the zone. It can also affect the competence of judicial institutions to decide on matters such as delimitation of overlapping zones.

Limiting Third States’ Military Activities in the EEZ: ‘Due Regard Obligations’ and the Law on the Use of Force Applied to Nuclear Weapons

2019 ◽  
Vol 34 (1) ◽  
pp. 128-143
Author(s):  
Charlotte Beaucillon
Keyword(s):  
International Law ◽  
Nuclear Weapons ◽  
Use Of Force ◽  
General Analysis ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Economic Zone ◽  
The Law

Abstract The aim of this article is to contribute to the general analysis of ‘due regard obligations’, through their articulation with branches of international law other than the law of the sea. More specifically, it focuses on the law of military activities at sea, as governed by international law on the use of force and nuclear weapons. It is argued here that the scope of the Law of the Sea Convention’s ‘due regard obligations’ cannot be examined in a vacuum, but should rather, to the extent possible, be interpreted in conformity with other related sources of international law. Reciprocally, this paper shows that some rules of jus ad bellum and jus in bello applicable to the use of nuclear weapons in a third state’s exclusive economic zone, fail to consider other simultaneously applicable obligations, which could well be grasped through the prism of ‘due regard’.

The Exclusive Economic Zone is in reality a sovereign right of a State? The dispute over the Southeastern Mediterranean natural gas fields

2020 ◽  
Vol 13 (3) ◽  
pp. 260-269
Author(s):  
Nikolaos Koulouris
Keyword(s):  
International Law ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Sovereign State ◽  
The Core ◽  
National Legal System ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Law ◽  
Gas Fields

Abstract The notion of Exclusive Economic Zone (EEZ) is a relatively new one. Its gestation during the second half of the 20th century was slow and arduous. But, after its birth, it gained a very important and crucial place within the sector of International Law and especially the branch of the Law of the Sea. Furthermore, it implicates strong and unprecedented geopolitical issues, emerged between a lot of neighbouring states. Pursuant to the rule establishing its notion, the EEZ confers upon a State a sovereign right, subject to a number of restrictions, which do not, nevertheless, affect the core of its integrity. But, in real international life this integrity is seriously jeopardized. International Law, because of its particularity, cannot be equipped by and enjoy the means of forced execution, which are inherent to the national legal system of every sovereign State. The EEZ, as it is provided by the International Law and especially the United Nations Convention on the Law Of the Sea, is not in reality a sovereign right of a State. It depends on the consensus of the State with adjacent coast and overlapping EEZ, which is a ‘prerequisite’ legally not existing.

The Application of the Law of Occupation in Maritime Zones and Rights to ‘Occupied’ Marine Resources

2021 ◽  
pp. 1-19
Author(s):  
Shani Friedman
Keyword(s):  
Continental Shelf ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Occupied State ◽  
Economic Zone ◽  
The Law ◽  
New Perspective

Abstract This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

scholarly journals PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT

2017 ◽  
Vol 24 (2) ◽  
pp. 172
Author(s):  
Indien Winarwati
Keyword(s):  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Illegal Fishing ◽  
Important Region ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Law ◽  
Sea Area ◽  
Exploration Exploitation

Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.

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