scholarly journals SENGKETA INDONESIA DAN TIMOR LESTE TERKAIT PERJANJIAN PERBATASAN MARITIM

2021 ◽  
pp. 1127
Author(s):  
Ida Kurnia ◽  
Alexander Sutomo ◽  
Cliff Geraldio

The State of Timor Leste is an independent and sovereign country in the 21st (twenty-first) century with its official name Democratica de Timor-Leste (RTL). Timor-Leste went through a long history to be able to stand alone as an independent country. Prior to the independence of Timor-Leste, it was called East Timor, which was a former colony of the Portuguese which later merged into the Unitary State of the Republic of Indonesia. It is recorded in history that integration was formalized on July 17, 1976. Then East Timor officially became the 27th province of the Republic of Indonesia and became the youngest province at that time. In history, Timor-Leste was colonized by the Portuguese for 450 years, the Dutch for 3 years, and Indonesia for 24 years. Under the leadership of the United Nations through the United Nations Transitional Administration in East Timor.The establishment of Timor-Leste became a necessary new state on the border, especially with Indonesia. The issue of maritime boundaries between Indonesia and Timor-Leste has not yet been agreed. The method used is normative. Based on UNCLOS 1982, if maritime boundaries are included in the territory of state ownership, the principle used is the principle of equidistance. Second, there is no clear authority within the borders of Indonesia so that the current condition of Indonesia's borders, especially in terms of security, is not conducive. Third, based on Article 3 of UNCLOS, both countries have the right to the width of their territorial sea up to a limit of 12 miles from the baseline, if their territorial seas do not overlap. Negara Timor Leste merupakan negara yang merdeka dan berdaulat pada abad ke-21 (dua puluh satu) dengan nama resminya Democratica de Timor-Leste (RTL) merupakan suatu negara yang tidak terlalu besar yang terletak di Benua Australia dan timur Negara Indonesia. Timor-Leste melewati sejarah yang panjang hingga dapat berdiri sendiri sebagai suatu negara yang merdeka. Sebelum merdekanya Timor-Leste dahulunya disebut Timor-Timur yang merupakan wilayah bekas jajahan Bangsa Portugis yang kemudian bergabung dalam kesatuan Negara Republik Indonesia. Dalam sejarah tercatat bahwa integrasi telah diresmikan pada 17 Juli 1976. Selanjutnya, Timor-Timur resmi menjadi provinsi ke-27 Negara Republik Indonesia  dan menjadi provinsi paling muda di saat itu. Dalam sejarah Timor-Leste d jajah oleh Bangsa Portugis selama 450 tahun, Belanda 3 tahun, dan Indonesia selama 24 tahun. Dibawah pimpinan PBB melalui lembaga.United Nations Transitional Administration in East Timor.Berdirinya Timor-Leste menjadi negara baru diperlukan batas wilayah khususnya dengan Indonesia. Pemasalahan batas maritim antara Indonesia dan Timor-Leste sampai saat ini belum ada kesepakatan. Adapun metode yang digunakan adalah normatif. Berdasarkan UNCLOS 1982 apabila batas maritim masuk ke dalam wilayah kedaulatan negara, maka prinsip yang dipergunakan adalah prinsip sama jarak (equidistance). Kedua, tidak adanya wewenang yang jelas dalam pengelolaan perbatasan Indonesia sehingga kondisi perbatasan Indonesia saat ini terutama dari sisi stabilitas keamanan belum kondusif. Ketiga, berdasarkan Pasal 3 UNCLOS kedua negara mempunyai hak atas lebar laut teritorialnya sampai batas 12 mil diukur dari garis pangkal, apabila tidak saling tumpang tindih wilayah laut teritorialnya.

Author(s):  
Adom Getachew

This epilogue charts the fall of self-determination and illustrates that the collapse of anticolonial worldmaking continues to structure our contemporary moment. Picking up in the immediate aftermath of the NIEO, it locates self-determination's fall in two developments—the increasingly critical orientation of Western intellectuals and politicians toward the right to self-determination as well as the diminution of international institutions like the United Nations where anticolonial nationalists had staged their worldmaking. Together the normative erosion of self-determination and marginalization of the United Nations set the stage for the resurgence of international hierarchy and a newly unrestrained American imperialism. At the same time, the critical resources of anticolonial nationalism appeared to be exhausted as the institutional form of the postcolonial state fell short of its democratic and egalitarian aspirations, and anticolonial worldmaking retreated into a minimalist defense of the state.


2021 ◽  
Vol 17 (3) ◽  
pp. 41-51
Author(s):  
S. Rusu ◽  
Ion Partachi

Introduction: The article analyzes the basic principles of an ef­fective public administration in the interests of sustainable develop­ment, lists the legislative acts confirming the commitment to these principles. Also, special attention is paid to the state programs for the implementation of the SDGs in the Republic of Moldova, to the special state bodies that are engaged in the implementation of the SDGs and their goals, as well as to the areas in which the Republic of Moldova cooperates with international organizations in relation to the SDGs. At the end of the article, the authors describe the main problems faced by the Government of the country in implementing the Principles of Effective Public Administration in the Interests of Sustainable Development and achieving the Sus­tainable Development Goals.Methods and materials: The research methodology is based on the following general scientific and special methods of cognition: the method of system-structural analysis, comparative, and formal-logical method.The article analyzes the materials and data provided by the national institutes of the Republic of Moldova, as well as the data and materials of international organizations, including: the United Nations, the Food and Agriculture Organization of the United Nations, the World Health Organization, the United Nations Children's Fund, the In­ternational Organization for Migration, the International Labour Organization, etc.Results: As a result of the study, it became clear that the Republic of Moldova is actively working towards the implementation of the principles of effective public administration in the interests of sustainable development of Moldova. Despite the difficulties faced by the Republic of Moldova, the country still managed to achieve significant results in this area. The documents adopted at the state level contributed to achieving the goals and meeting the main requirements for the pace and quality of economic development in the period up to 2030.By 2030, Moldova is expected to become a country where poverty and corruption are eliminated, inequality is reduced, social inclusion and cohesion are strengthened, so that "no one is left behind", a country where human rights, gender equality and women's empowerment, the rule of law, environmental sustainability and the well-being of the population are respected and promoted.Discussion and conclusions. In its ambition to achieve SDGS, the Republic of Moldova is facing a myriad of challenges. Despite the fact that significant progress was registered, there is still a lot of work to do at all levels of public administration. Moreover, it is also essential to enhance the system for SDGs implementation moni­toring and evaluation. This 2030 Agenda requires a profound change that goes beyond the economic and political situation of the country. Moldova will achieve the key in­dicators of sustainable development and become a favourable country for the life of its citizens if only it will promote economic development policies of the country. 


2008 ◽  
Vol 77 (1-2) ◽  
pp. 105-140
Author(s):  
Julia Werzer

AbstractOn the basis of the transitional administrations in Kosovo and East Timor, this article analyzes the compatibility of the UN human rights obligations with the wide scope of immunity enjoyed by the organization and its officials. By focusing on the right to a fair trial (and especially the right of access to a court), the author submits that the almost absolute lack of judicial mechanisms to review acts of UN transitional administrations violates the local population's human rights. Although institutions such as an Ombudsperson or a Human Rights Advisory Panel (in Kosovo) have been established, they do not constitute means of protection that are reasonable alternatives to independent and impartial courts. As a corollary, the international responsibility of the United Nations is entailed.


1967 ◽  
Vol 61 (1) ◽  
pp. 1-34 ◽  
Author(s):  
John Norton Moore

The major thrust of contemporary international law is to restrict coercion in international relations as a modality of major change. The use of force as an instrument of change has always been wasteful, disruptive, and tragic. In the nuclear era the renunciation of force as a method of settlement of disputes has become an imperative. These necessities have resulted in a widely accepted distinction between lawful and unlawful uses of force in international relations which is embodied in the United Nations Charter. Force pursuant to the right of individual or collective defense or expressly authorized by the centralized peacekeeping machinery of the United Nations is lawful. Essentially all other major uses of force in international relations are unlawful. These fundamental proscriptions are designed to protect self-determination of the peoples of the world and to achieve at least minimum world public order. As such, they reflect the basic expectations of the international community. Since they are aimed at prohibiting the unilateral use of force as a modality of major change, they have consistently authorized the use of force in individual or collective defense at least “until the Security Council has taken the measures necessary to maintain international peace and security.” This defensive right is, at least at the present level of effectiveness of international peacekeeping machinery, necessary to the prevention of unilateral use of force as an instrument of change. The fundamental distinction between unlawful unilateral force to achieve major change and lawful force in individual or collective defense against such coercion is the structural steel for assessment of the lawfulness of the present military assistance to the Republic of Viet-Nam.


2017 ◽  
Vol 5 (3) ◽  
pp. 562-592
Author(s):  
Wemblley Lucena de Araújo ◽  
Carlos Enrique Ruiz Ferreira

O presente trabalho apresenta um panorama da atuação do Brasil no Conselho de Segurança (CS) da Organização das Nações Unidas (ONU) na qualidade de membro não permanente no biênio 2004-2005. Esse foi o nono mandato brasileiro junto ao Conselho de Segurança das Nações Unidas (CSNU). Diante da conjuntura analisada, o país já detinha certo protagonismo nas questões que envolvem a paz e a segurança internacional. Destas credenciais, as posições do Brasil nesse biênio estiveram pautadas nos princípios da política externa brasileira, como a ênfase no multilateralismo, resolução de controvérsias por meios pacíficos, respeito à soberania, promoção do desenvolvimento das sociedades pós-conflito e repudio as violações de direitos humanos. O destaque da atuação do Brasil no período em análise tange às principais discussões realizadas no CSNU, tais como: o estabelecimento da MINUSTAH, a reconstrução do Timor Leste, os desafios para o continente africano; o problema das questões nucleares, os conflitos no Oriente Médio e as questões de combate ao terrorismo. Ainda, foi durante este biênio, que o Brasil lançou-se na aliança G4 a fim de fortalecer seu desígnio de compor o CSNU na qualidade de membro permanente.Palavras-chave: Política Externa Brasileira; Conselho de Segurança; Organização das Nações Unidas; Mandato 2004-2005.  Abstract: The present paper shows an overview of Brazil's role in the Security Council (SC) of the United Nations (UN) in the non-permanent membership in 2004-2005. This was the ninth Brazilian mandate in the United Nations Security Council (UNSC). On the analyzed scenario, the country already had a certain role on issues involving peace and international security. These credentials, Brazil's positions in this biennium were guided by the principles of Brazilian foreign policy, as the emphasis on multilateralism, dispute resolution through peaceful means, respect for sovereignty, promoting the development of post-conflict societies and repudiate the human rights violations. The highlight of Brazil's performance in the period under review with respect to major discussions in the UNSC, such as the establishment of MINUSTAH, the reconstruction of East Timor, the challenges for the African continent; the problem of the nuclear issues, conflicts in the Middle East and combat terrorism issues. Still, it was during this biennium, that Brazil was launched in alliance G4 to strengthen his plan to compose the UNSC as a permanent member.Keywords: Brazilian Foreign Policy; Security Council; The United Nations; Mandate 2004-2005.


1966 ◽  
Vol 60 (4) ◽  
pp. 671-727 ◽  
Author(s):  
Myres S. McDougal ◽  
Richard M. Goodman

For almost a decade and one-half the Chinese participation question has challenged the United Nations. In its coming session the General Assembly will doubtlessly once again grapple with the question, but past debates do not promise rational solution. In brief summary, two claimants seek, or are proffered by others, to participate as the “State of China” in the General Assembly, the Security Council, and the Specialized Agencies. The Government of the Republic of China (Nationalist China) has held the seat since the founding of the United Nations. The People’s Republic of China (Communist China), however, commands resources of considerable magnitude, and events of recent years have enhanced its claim to participation.


2015 ◽  
Vol 21 (2) ◽  
pp. 450-454
Author(s):  
Metodi Markov

Abstract The United Nations Convention on the rights of the child is a part of the Bulgarian legislation since 1991. The main focus of the report is on the legislative measures for implementation of the standards established by the Convention in the legislation of the country. The assessment was made on the basis of regular reports on the fulfilment of the Convention obligations and on the recommendations of The Committee on the rights of the child. The national authority for child protection - The State agency on child protection - as well as its status and powers are introduced. Matters concerning the participation of the country in regional (European) initiatives concerning the rights of the child have also been discussed.


2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.


Author(s):  
Gillian MacNaughton ◽  
Mariah McGill

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.


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