scholarly journals Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 167-188
Author(s):  
Rizza Ayu S ◽  
Ramlan Ramlan ◽  
Rahayu Repindowaty
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Exclusive Economic Zone ◽  
International Peace ◽  
Legal Regime ◽  
Normative Study ◽  
Peace And Security ◽  
Economic Zone

The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.

Obligations of ‘Due Regard’ in the Exclusive Economic Zone: Their Context, Purpose and State Practice

2019 ◽  
Vol 34 (1) ◽  
pp. 43-55 ◽  
Author(s):  
Rolf Einar Fife
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Peace ◽  
Dormant State ◽  
State Practice ◽  
Peace And Security ◽  
United Nations Convention ◽  
Economic Zone

Abstract The exclusive rights of the coastal state over the natural resources in the exclusive economic zone (EEZ) coexist with the high seas freedoms of communication of other states. This particular coexistence of state competences is a distinguishing feature of the 200-mile zones. Articles 56(2) and 58(3) United Nations Convention on the Law of the Sea (LOSC) require that coastal states have ‘due regard’ to the rights, freedoms and duties of other states in the zone, and vice versa. It is suggested that the two provisions are not ‘dormant’. State practice indicates the contrary, as well as future paths for clarification. The obligation to have ‘due regard’ constitutes a linchpin in the conceptual underpinnings of the EEZ, and requires an interpretation of the concrete provisions that are applicable, in keeping with the Convention’s nature as a strategic ‘package deal’ with a particular bearing on international peace and security.

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

Arbitration in Syria: Navigating Postwar Disputes

2021 ◽  
pp. 1-22
Author(s):  
Faris Elias Nasrallah
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Peaceful Settlement ◽  
Salient Features

Abstract The place of arbitration within the Syrian legal system has received scant academic and professional attention, and as such, remains largely unstudied. Shedding much-needed light on the nature of arbitration in Syria as a resilient form of ancient customary Arab alternative dispute resolution, this contribution appraises the salient features of the Syrian Arbitration Law 2008 and arbitration-related provisions within recent Syrian legislation. It aims to understand the position of arbitration in Syria between existing national and international law frameworks for dispute settlement and to assess the potential for establishing independent, transparent, and efficient tribunals to resolve disputes arising out of ongoing conflicts that have plagued the country since 2011. If arbitration proves to be a mechanism for ordering the peaceful settlement of postwar disputes within and concerning Syria, parties, practitioners, and stakeholders must employ perspectives that include and are capable of navigating Syria’s existing arbitration landscape.

scholarly journals Sharia Principles in the Financial Services Authority Regulation on Dispute Settlement Alternatives

2021 ◽  
Vol 5 (1) ◽  
pp. 56
Author(s):  
Ro'fah Setyowati ◽  
Bagya Agung Prabowo
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Service Industry ◽  
Legal Protection ◽  
Normative Study ◽  
Finance Industry ◽  
Banking Institutions ◽  
The Right

There is a legal disharmony with the Sharia Banking Law in the regulation on alternative dispute resolution institutions. This problem arises because the regulation does not pay attention to sharia principles, as mandated by Article 55, Paragraph 3 of the Sharia Banking Law. Meanwhile, the application of sharia principles is a spiritual right of consumers which also requires legal protection. This research is intended to assess alternative dispute resolution institutions' regulations, particularly Financial Services Authority Regulation from a consumer protection perspective, particularly spiritual rights. This research is categorized as an empirical normative study, using a philosophical, historical approach and a content analysis of the Financial Services Authority Regulation. The results of this study indicate that the Financial Services Authority Regulation on Alternative Dispute Resolution Institutions has not accommodated spiritual rights in dispute resolution for the Islamic banking industry. A weak understanding of spiritual rights causes it in the context of dispute resolution. It also creates another problem in the form of a lack of attention and policies that support the protection of spiritual rights, both in regulatory and banking institutions. In the context of dispute resolution, there are general consumer rights, such as the right to get advocacy, while the application of sharia principles is a special right. Based on these findings, it is recommended that regulatory institutions, particularly the Financial Services Authority, pay adequate attention to the entire financial service industry under their respective characteristics. It is an important matter because the protection of spiritual rights supports the development of the Islamic finance industry both in Indonesia and globally.

scholarly journals Peran Organisasi Regional Dalam Pemeliharaan Perdamaian dan Keamanan Internasional

2016 ◽  
Vol 3 (2) ◽  
pp. 247-268
Author(s):  
Imam Mulyana
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Peace ◽  
Main Approach ◽  
Regional Organizations ◽  
International Dispute ◽  
Un Security Council ◽  
Peace And Security ◽  
International Regulations

Abstract: International law has stipulated a number of mechanisms in order to resolve the dispute between the countries. International dispute settlement mechanisms are required to use peaceful means as the main approach. However, if peaceful means can not resolve a dispute, it can also be used enforcementaction by the UN Security Council, particularly if potentially threatens peace and international security. The UN Charter also regulates the role of regional organizations, including when regional organizations intend to play a role related with maintenance of international peace and security. Although in practice today of regional organizations has been actively engaged in the maintenance of international peace and security, but international regulations regarding this activity has not been clearly settle, particularly in terms of scale and responsibility mechanism. Abstrak: Peran Organisasi Regional Dalam Pemeliharaan Perdamaian dan Keamanan Internasional. Hukum internasional telah mengatur sejumlah mekanisme dalam rangka menyelesaiakan sengketa yang terjadi antara negara-negara di dunia. Mekanisme penyelesaian sengketa internasional diharuskan menggunakan cara-cara damai sebagai pendekatan utama. Meskipun demikian apabila cara-cara damai tidak dapat menyelesaikan suatu sengketa, maka dapat pula digunakan cara-cara kekerasan oleh Dewan Keamanan PBB, terutama apabila mengancam perdamaian dan keamanan internasional. Piagam PBB juga mengatur mengenai peran Organisasi Regional termasuk apabila Organisasi Regional bermaksud berperan dalam melakukan pemeliharaan perdamaian dan keamanan internasional. Meskipun pada praktiknya hari ini Organisasi Regional telah aktif melakukan kegiatan pemeliharaan perdamaian dan keamanan internasional, akan tetapi ketentuan internasional mengenai aktivitas ini belum secara jelas diatur, terutama dalam hal skala dan mekanisme pertangungjawabannya.  DOI: 10.15408/jch.v2i2.2317

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals When is a Whale Sanctuary Not a Whale Sanctuary? Japanese Whaling in Australian Antarctic Maritime Zones

2005 ◽  
Vol 36 (4) ◽  
pp. 757 ◽  
Author(s):  
Joanna Mossop
Keyword(s):  
International Law ◽  
Attorney General ◽  
Federal Court ◽  
Exclusive Economic Zone ◽  
Environment Protection ◽  
Australian Government ◽  
Japanese Company ◽  
Domestic Legislation ◽  
Territorial Claim ◽  
Economic Zone

This article concerns the case of Humane Society International v Kyodo Senpaku Kaisha Ltd, in which the Humane Society, a non-governmental organisation, attempted to sue a Japanese company conducting whaling in the Southern Ocean in an area claimed as an exclusive economic zone by Australia.  The Humane Society failed to convince the Federal Court to allow it to serve proceedings on the Japanese company outside Australia, after the judge agreed with the arguments provided by the Australian Attorney-General. These submissions included the possibility of an embarrassing international incident that could arise if a Japanese company were to be served with proceedings enforcing a law that Japan considers to be inconsistent with the freedom of navigation on the high seas. Underpinning the whole case was the issue of sovereignty over Antarctica, which Australia and other countries have disputed for many decades. The author evaluates Australia’s claim to an exclusive economic zone around its Antarctic territorial claim, and its use of the Environment Protection and Biodiversity Conservation Act 1999 to declare a whale sanctuary in that part of the world. The author suggests that it might be possible for the Australian courts to read the whale sanctuary legislation in line with international law, potentially relying on the New Zealand Sellers case, to exclude overseas companies from the effects of the legislation. However, the author concludes it would not be desirable for the Australian Government to rely on such a possibility to avoid potential international repercussions from its domestic legislation.

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