scholarly journals ANALYSIS ON INDONESIA'S FULFILLMENT OF OBLIGATIONS RISING FROM INTERNATIONAL TREATIES

2016 ◽  
Vol 28 (3) ◽  
pp. 497
Author(s):  
Agustina Merdekawati ◽  
Andi Sandi Ant. T. T
Keyword(s):  
International Law ◽  
Moral Obligation ◽  
International Agreements ◽  
Legal Obligation ◽  
International Agreement ◽  
International Treaties ◽  
International Obligation ◽  
International Obligations

AbstractThis research aims to examine the positions of international law and the applicable principles regarding the issues of fulfillment of international obligations under ratified/acceded international agreements by Indonesia. Upon assessment, this research concludes that: Firstly, there are two main obligations that should be fulfilled by Indonesia in an international agreement and treaties, which is legal obligation and moral obligation. Secondly, practices shown that Indonesia’s commitments in fulfilling its international obligation are still not optimal, as a solution, it is recommended that future ratification of international agreement should include additional executorial / performance provision either in the form of Law or Presidential Regulation.IntisariPenelitian ini bertujuan untuk mengetahui bagaimana ketentuan hukum internasional mengatur persoalan kewajiban hukum negara terhadap pemenuhan perjanjian internasional yang telah diratifikasi/diaksesi dan untuk mengetahui bagaimana praktik yang Indonesia terkait pemenuhan kewajiban tersebut. Hasil pembahasan menunjukkan bahwa: Pertama, bahwa terdapat 2 kewajiban yang harus dilakukan oleh setiap negara pihak terkait dengan pemenuhan Perjanjian Internasional yakni kewajiban hukum dan kewajiban moral. Kedua, bahwa praktik pelaksanaan kewajiban pemenuhan Perjanjian Internasional di Indonesia masih kurang optimal dan sebagai solusinya dapat ditambahkan beberapa penegasan untuk pemenuhan berbagai kewajiban tersebut dalam bentuk penambahan klausula dalam produk pengesahan perjanjian internasional baik yang berupa Undang­Undang Ratifikasi maupun Peraturan Presiden.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

scholarly journals KEWAJIBAN NEGARA INDONESIA TERHADAP PERJANJIAN INTERNASIONAL YANG TELAH DIRATIFIKASI (Convention on The Protection of The Rights of All Migrant Workers of Their Families)

2020 ◽  
Vol 3 (1) ◽  
pp. 182-191
Author(s):  
Elfia Farida
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Social Systems ◽  
International Agreements ◽  
International Agreement ◽  
International Treaties ◽  
International Convention ◽  
State Obligations ◽  
Political Economic ◽  
State Protection

International agreements have advantages over other sources of international law. International agreements are used consistently as a tool for cooperation or peaceful relations between countries regardless of their political, economic and social systems. Indonesia has also taken many binding actions on international treaties. If Indonesia is bound by an international agreement, then it is obliged not to carry out something that is contrary to the essence, purpose and purpose of the international agreement and morally must obey obligations arising from the existence of the international agreement in good faith (pacta sunt servanda). The International Convention on The Protection of the Rights of All Migrant Workers of Their Families has been ratified through Law No. 6 of 2012 so that Indonesia is obliged to realize the rights set out in the Convention into law in force in Indonesia, as a form of State protection for Indonesian migrant workers and members of their families. Keywords: state obligations, international treaties, ratification Abstrak Perjanjian internasional mempunyai kelebihan dibandingkan sumber hukum internasional lainnya. Perjanjian internasional digunakan secara konsisten sebagai alat kerja sama atau hubungan damai antar negara apapun sistem politik, ekonomi dan sosialnya. Indonesia juga telah banyak melakukan tindakan pengikatan terhadap perjanjian internasional. Apabila Indonesia sudah terikat pada suatu perjanjian internasional, maka berkewajiban untuk tidak melaksanakan sesuatu yang bertentangan dengan esensi, maksud dan tujuan perjanjian internasional dan secara moral harus mentaati kewajiban-kewajiban yang timbul akibat adanya perjanjian internasional tersebut dengan iktikad baik (pacta sunt servanda).  International Convention on The Protection of The Rights of All Migrant Workers of Their Families  telah diratifikasi melalui UU No. 6 Tahun 2012 sehingga Indonesia berkewajiban merealisasikan hak-hak yang diatur dalam Konvensi ke dalam hukum yang berlaku di Indonesia, sebagai wujud pelindungan Negara kepada pekerja migran Indonesia dan anggota keluarganya. Kata Kunci:  kewajiban negara, perjanjian internasional, ratifikasi

scholarly journals HUKUM INTERNASIONAL SEBAGAI SUMBER HUKUM DALAM HUKUM NASIONAL (Dalam Perspektif Hubungan Hukum Internasional Dan Hukum Nasional Di Indonesia)

2013 ◽  
Vol 2 (1) ◽  
pp. 67
Author(s):  
Dina Sunyowati
Keyword(s):  
International Law ◽  
International Agreements ◽  
International Agreement ◽  
International Treaties ◽  
Bilateral Agreements ◽  
Multilateral Agreements

Countries agreement contained in an international agreement in the form of bilateral agreements, regional and multilateral agreements that are binding on the parties and a law for that entered into an agreement (pacta sunt servanda). International agreements that have been agreed and validated in a ratification by a country, then the agreement is valid and binding upon all be a source of law for the enforcement of law in making decisions. This is true also in Indonesia. Any international agreement that has been followed by Indonesia, which is contained in a ratification requirement or not, still have the force of binding for both parties. Keywords: International Law, Sources of Law, International Treaties, International Agreements.

Retroactivity in international treaty law

2021 ◽  
Author(s):  
Iryna Osmirko ◽  
Ivanna Maryniv
Keyword(s):  
General Rule ◽  
International Agreements ◽  
Vienna Convention ◽  
Main Body ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Retroactive Effect ◽  
The Status ◽  
Contractual Obligations

Problem setting. Due to the fact that the constitutional norms determine the status of an international treaty, the binding nature of which has been approved by the parliament as part of national legislation, it is important to study the temporal effect of international treaties, namely their retroactivity. In general, the Vienna Convention contains a provision according to which an international treaty has no retroactive effect in respect of the States which are parties to it, except where the intention to give retroactive effect to the treaty follows from the treaty itself or the agreements of its parties. These exceptions to the general rule indicate the non-absoluteness of the latter, so it is appropriate to study the factors that determine the existence of retroactive agreements, as well as controversial and controversial issues that arise in this regard. Analysis of recent researches and publications. Scholars such as S.N. Ivanov, RA Kalamkaryan, M.A. Kapustina, II Lukashuk, OV Pushnyak and others. However, this area needs further study and analysis, given the existence of exceptions to the general provision on the lack of retroactive effect of international agreements. Target of research. Тo consider the conditions under which an international treaty has retroactive effect, to investigate the factors influencing the decision to grant retroactive effect and the issues arising in connection with the retroactivity of international treaties. Article’s main body. This study examines the non-absoluteness of the provision on the absence of retroactive effect of international agreements. Among the reasons that encourage states to anticipate retroactive effect – the interpretive or additional nature of the international agreement or the need to resolve the situation that arose before its conclusion. It should be emphasized that some agreements have retroactive effect by virtue of their object, which provides this retroactive effect, as agreed by the parties, although not explicitly stated in the contract. It is also not uncommon for certain rights and obligations to arise not because of an international treaty that has not yet entered into force, but because of customary norms that are enshrined in it. Conclusions and prospects for the development. The principle of no retroactive effect of an international agreement is not absolute. In each case, the reasons for the application of retroactivity must be decided by a judicial authority in the process of interpreting the contractual obligations. An important role in the possibility of retroactive application of an international treaty is played by its object or the co-existing customary norms of international law and the principles recognized by civilized nations as binding.

The Oxford Guide to Treaties

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Reference Point ◽  
International Agreements ◽  
International Agreement ◽  
The European Union ◽  
Trade Relations ◽  
Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

scholarly journals Abweichungsfeste Verfassungsgrundsätze des Unionsrechts als ordre public-Vorbehalt gegenüber dem Völkerrecht

2021 ◽  
Author(s):  
Philipp Tamblé
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
International Treaties ◽  
Ordre Public

Since the Kadi judgment, the ECJ has repeatedly emphasised that obligations imposed by international agreements cannot have the effect of prejudicing the constitutional principles of Union law. Based on a case law analysis, the study examines these constitutional principles of Union law, which have so far lacked contours. The focus is on the effect of these principles in relation to acts of Union law and international treaties of the Union that are determined by international law. Based on the results, individual constitutional principles are elaborated. A comparison also shows clear similarities of the concept with ordre public exceptions. An outline of the role of constitutional principles in solving current issues rounds off the work.

scholarly journals ABOUT FORMS AND METHODS OF INTERNATIONAL VERIFICATION OF COMPLIANCE WITH INTERNATIONAL AGREEMENTS

2021 ◽  
pp. 177-184
Author(s):  
Yu. I. Astankevych
Keyword(s):  
International Relations ◽  
International Agreements ◽  
General Term ◽  
International Treaty ◽  
Verification Method ◽  
International Obligation ◽  
Verification Methods ◽  
International Obligations ◽  
Control Body ◽  
Special Control

The forms and methods of international verification, their varieties and related categories are considered in the paper. It is determined that the key feature of verification forms is a body carrying out verification activities. Consequently, it is proposed to understand the verification form as a way of organization and particularities of this activity. It has been found that the category of subject is often also used for a simple division of verification into types, which does not fully reflect the specifics of verification activities. Two main forms of international verification are distinguished: simple (without the formation of a special body) and institutional (with the formation of a special control body). It is also suggested to distinguish between technologies, methods and procedures of international verification as well, defining verification technologies as tools, mechanisms, devices necessary for control activities, verification methods as ways of applying its means and verification procedures as modes for implementing a verification method or several methods in a combination. The mechanism of international verification is proposed to be seen as the most general term. It comprises not only methods and technologies, but also procedures of international verification, which determine the implementation mode of a verification method or its several methods in the context of a special verification form. Methods and tools of international verification are characterized by different level of efficiency, which is due to different factors, such as: the sphere of international relations, the form of international verification, the scope of powers of verification body, the international legal act, which is the source of international obligation. In this regard, a distinction must be made between the international obligations, the source of which is an international treaty, and other international obligations.

scholarly journals POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA

2017 ◽  
Vol 24 (1) ◽  
pp. 56
Author(s):  
Siti Sumartini
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Public Understanding ◽  
International Treaties ◽  
The Public ◽  
The Status

International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.

Resigning Without Leaving

2018 ◽  
Author(s):  
Harold Hongju Koh
Keyword(s):  
Climate Change ◽  
United States ◽  
The United States ◽  
International Agreements ◽  
International Agreement ◽  
Basic Strategy ◽  
Full Participation ◽  
International Obligations

With respect to international agreements, President Donald Trump’s basic strategy has become resigning without leaving: This chapter illustrates this pattern with respect to the Paris Climate Change Agreement, trade diplomacy, and the Iran Nuclear Deal. In each area, Trump has expressed overt hostility toward the international agreement in question and threatened to abandon it, but in practice, he has generally stayed in the existing international agreements, but underperformed, forcing other transnational players to take up the slack to compensate for his unwillingness fully to execute America’s international obligations. This approach at least has the virtue that in time, a successor administration may correct that underperformance and restore the United States to full participation in the international arrangement.

Liberty of Entering in International Agreements and Compliance of International Obligations

2021 ◽  
Vol 18 (1) ◽  
pp. 105-127
Author(s):  
Elisa Tino
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
International Agreements ◽  
Constitutional Court ◽  
The South ◽  
Member States ◽  
High Court ◽  
International Obligations

Abstract In August 2019 South Africa withdrew its signature from the Protocol on sadc Tribunal signed in 2014 by 9 sadc Member States. This decision was adopted in compliance with the judgment of the South African High Court as confirmed by the Constitutional Court which ruled that the participation of the President in the decision to suspend the sadc Tribunal, as well as his signature of the 2014 Protocol were unconstitutional, unlawful and irrational. These rulings are particularly ground-breaking in light of the conclusions they reached and raised some interesting implications under international law.

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