scholarly journals PEMBANGUNAN WILAYAH KEPULAUAN BERLANDASKAN POROS MARITIM DALAM PERSPEKTIF NEGARA KEPULAUAN: TANTANGAN DAN PELUANG PERIMBANGAN KEUANGAN DAERAH

2020 ◽  
Vol 4 (2) ◽  
pp. 251
Author(s):  
Dhiana Puspitawati
Keyword(s):  
International Law ◽  
Central Government ◽  
National Development ◽  
The Other ◽  
Fund Allocation ◽  
Other Hand ◽  
Sea Transportation ◽  
Challenges And Opportunities ◽  
Legal Implication

ABSTRAKPerkembangan kelautan di Indonesia semakin berkembang dari tahun ke tahun hingga dicetuskannya konsep ‘poros maritim’ oleh Presiden Joko Widodo. Konsep ‘poros maritim’ menekankan pada terwujudnya konektifitas antar pulau melalui pengembangan industri pelayaran serta transportasi laut. Dengan demikian dibutuhkan akselerasi pembangunan pelabuhan di wilayah-wilayah kepulauan seperti maluku dan Riau. Sayangnya alokasi dana dari pusat untuk daerah masih didasarkan pada luas wilayah daratan. Hal ini menjadikan daerah dengan wilayah perairan yang lebih banyak tidak mendapatkan alokasi dana sebagaimana daerah yang mempunyai wilayah daratan yang luas. Padahal percepatan pembangunan di wilayah kepulauan sangat dibutuhkan dalam mewujudkan Indonesia sebagai ‘poros maritim’ dunia. Tulisan ini akan menganalisa tantangan dan peluang pembangunan wilayah kepulauan yang berlandaskan poros maritim dalam perspektif negara kepulauan. Pembangunan Wilayah Kepulauan sangat diperlukan untuk mewujudkan konsep Poros Maritim. Akan tetapi perlu diperhatikan mengenai perimbangan keuangan daerah dalam mewujudkan akselerasi pembangunan tersebut. Dibutuhkan pengembalian mindset masyarakat Indonesia ke kelautan serta harmonisasi aturan dan kelembagaan dalam mewujudkan ‘poros maritim’ dalam perspektif negara kepulauan yang berimplikasi pada perimbangan keuangan daerah antara daerah biasa dengan daerah yang terdiri dari kepulauan. Kata kunci: peluang; poros maritim; tantangan; wilayah kepulauanABSTRACTThe development of maritime affairs in Indonesia is growing rapidly until the inception of ‘maritime fulcrum’ by President Joko Widodo. Such concept emphasizes the establishment of inter-island connectivity through the development of shipping and sea transportation industries. Thus, the acceleration of port and facilities development in islands region such as Maluku and Riau is needed. Unfortunately, fund allocation from the central government to region areas is still based on how large the land areas of certain region. This makes island regions have less fund allocation than those of regions with large areas of land. While, on the other hand, the establishment of ‘maritime fulcrum’ concept is largely depends on the acceleration of national development in island regions. This paper aims to analyze challenges and opportunities in developing island regions based on ‘maritime fulcrum’ concept within the perspectives of archipelagic state principles. National development in island regions of Indonesia is important to support the establishment of ‘maritime fulcrum’, however, the usage of the term ‘archipelagic’ should also carefully consider legal implication of the term ‘archipelago’ according to International Law. Restoration of Indonesian people’s orientation to the ocean is crucial. In addition to this, the harmonization of related legal instruments as well as institutional arrengement, especially focusing on balancing reginal funding is also urgent.Keywords: challenges; island regions; maritime fulcrum; opportunities

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

scholarly journals The Struggle for Leadership of the Qatari-Turkish Alliance in Somalia

2022 ◽  
Vol 17 (4) ◽  
pp. 187-200
Author(s):  
T. R. Khayrullin
Keyword(s):  
Foreign Policy ◽  
Federal Republic ◽  
Presidential Elections ◽  
Arab Spring ◽  
Central Government ◽  
The Other ◽  
Other Hand ◽  
Regional Leadership ◽  
Autonomous Regions ◽  
The Arab Spring

The article examines the struggle of the Qatari- Turkish alliance for regional leadership in the Federal Republic of Somalia. The analysis revealed that the foreign policy activity of Turkey and Qatar in Somalia began during the events of the Arab Spring. Ankara and Doha used diplomatic, military and fi nancial instruments to strengthen their infl uence in the country. Moreover, Qatari money played an important role in promoting pro-qatari candidates to power during the 2012 and 2017 presidential elections. However, the eff orts of the Turkish- Qatari alliance to strengthen its position in Somalia have clashed with the interests of the Saudi- Emirati bloc seeking regional dominance. On the other hand, the inability to close the main cooperation with the central government in Somalia forced the UAE to support such autonomous regions as Somaliland, thereby intensifying the destabilization processes in the country.

scholarly journals Representation of an Unrecognized State under International Law – Example of the Republic of Artsakh

2020 ◽  
Vol 8 (1) ◽  
pp. 45-63
Author(s):  
Stefania Kolarz
Keyword(s):  
International Law ◽  
International Community ◽  
The Other ◽  
Legal Representative ◽  
The Core ◽  
Other Hand ◽  
The Republic

Since the late 80s, the Armenian inhabitants of Nagorno-Karabakh, a region situated within the internationally recognised borders of the Republic of Azerbaijan, have been struggling for creating their own state – the Republic of Artsakh. The fact that this self-proclaimed entity was not recognised by any of the international actors has not prevented it from constantly committing to intervene on the international plane, separately from Yerevan and Baku. For instance, it is the co-signatory of the Bishkek Protocol. On the other hand, it was refused participation in the core undertaking of the international community designed to settle the dispute – the OSCE Minsk process. The aforementioned situation raises the question as to who shall act as a legal representative of this quasi-state on the international plane? Azerbaijan, as the official centre of authority within the region, Armenia, or rather the separatist government of Nagorno-Karabakh?

International Law Obligations Arising in relation to Nationally Determined Contributions

2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer
Keyword(s):  
Climate Change ◽  
International Law ◽  
Paris Agreement ◽  
The Other ◽  
Other Hand ◽  
Legal Obligations ◽  
Nationally Determined Contributions ◽  
The One

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.

Part 1 Refugees, 2 Refugees Defined and Described

2021 ◽  
Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma
Keyword(s):  
International Law ◽  
International Community ◽  
The Other ◽  
Refugee Status ◽  
Other Hand ◽  
Local Protection ◽  
Ordinary Usage ◽  
The One ◽  
Prompt Response

This chapter defines and describes refugees. The term ‘refugee’ is a term of art, that is, a term with a content verifiable according to principles of general international law. In ordinary usage, it has a broader, looser meaning, signifying someone in flight, who seeks to escape conditions or personal circumstances found to be intolerable. For the purposes of international law, States have further limited the concept of the refugee. Defining refugees may appear an unworthy exercise in legalism and semantics, obstructing a prompt response to the needs of people in distress. On the one hand, States have nevertheless insisted on fairly restrictive criteria for identifying those who benefit from refugee status and asylum or local protection. On the other hand, the definition or description may facilitate and justify aid and protection, while satisfying the relevant criteria ought in practice to indicate entitlement to the pertinent rights or benefits. In determining the content in international law of the class of refugees, therefore, the traditional sources—treaties and the practice of States—must be examined, also taking into account the normative impact of the practice and procedures of the various bodies established by the international community to deal with the problems of refugees.

14 Treaty Entry into Force, Exceptions, Modifications, and Terminations

2021 ◽  
Author(s):  
Salacuse Jeswald W
Keyword(s):  
Internal Pressure ◽  
International Law ◽  
The Other ◽  
Foreign Investors ◽  
Labour Unions ◽  
Pressure Groups ◽  
Civic Organizations ◽  
Other Hand ◽  
Investment Treaties

This chapter discusses the entry into force, exceptions, modifications, and terminations of investment treaties. While enunciating rules of international law governing foreign investors and investments, investment treaties at the same time incorporate various devices to regulate and limit the applicability of those rules and thereby allow contracting states to mediate tensions between demands of treaty partners and of internal pressure groups, such as labour unions, local manufacturers and merchants, and civic organizations. Such devices include treaty provisions on four matters: the entry into force of the treaty; treaty exceptions; treaty modifications; and treaty terminations. States employ the first two as part of the treaty negotiating process. On the other hand, states usually employ the latter two devices as a result of their unsatisfactory experience with a treaty that has entered into force.

The Part of International Law in the Further Limitation of Naval Armament

1926 ◽  
Vol 20 (2) ◽  
pp. 237-256
Author(s):  
Charles Cheney Hyde
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
The Other ◽  
Judicial Process ◽  
International Differences ◽  
Other Hand ◽  
Naval Fleets

Naval fleets are maintained by development and replacement because their possessors dare not fail to make provision for a maritime war in which they may be participants. No means yet devised and accepted for the amicable adjustment of international differences have removed from responsible statesmen a sense of the necessity of anticipating such a contingency. Despite increasing efforts in every quarter to cultivate wills for peace and abhorrence of armed conflict, as well as a desire to adjust grave differences by judicial process or through commissions of conciliation, war is still regarded as a contingency which must be reckoned with, and as one which is as dangerous as it is seemingly remote. In making provision as against a contingency which none would welcome or hasten, the governments of maritime states do not necessarily encourage war or indicate approval of recourse to it. A particular conference of maritime states may in fact uplift the hopes of prospective belligerents which resent and oppose agreements restricting recourse to measures and instrumentalities on which they expect to rely. On the other hand, general arrangements respecting belligerent activities may serve to lessen a zeal for war and to remove its very approach further from the horizon. Everything depends upon the ambitions of the states which consent to confer. The point to be observed is that agreements for the regulation of maritime war in so far as they purport to proscribe or check the use of particular instrumentalities or recourse to particular measures, are not to be deemed bellicose in design or effect. Such regulatory agreements are advocates of peace rather than of war. Moreover, as will be seen, they may be the means of encouraging states to reduce armaments which would otherwise be maintained.

8 Conclusion

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
Status Quo ◽  
The Other ◽  
State Responsibility ◽  
Private Law ◽  
Public International Law ◽  
Other Hand ◽  
The Status ◽  
Dual Origin

This chapter discusses ten important findings included in this book. One finding is the dual origin of the modern rules on State responsibility and reparation in both private law notions and public international law, resulting in the objective of reparation of putting the aggrieved party in the ‘hypothetical position’, that would have existed if the unlawful act had not occurred. This objective is mirrored in the modern Chorz ów Factory formula. Restitution, which seeks to re-establish the status quo ante, may need to be accompanied by additional compensation to fully reach the hypothetical position. The amount of compensation, on the other hand, based on the recent jurisprudence, may vary depending on whether the acts complained of were lawful or unlawful. Other important points arising from this study concerning the principles of reparation and compensation are also highlighted in the chapter.

scholarly journals Kebijakan Poros Maritim Jokowi dan Sinergitas Strategi Ekonomi dan Keamanan Laut Indonesia

2018 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
M. Najeri Al Syahrin
Keyword(s):  
Economic Development ◽  
National Development ◽  
Defense Policy ◽  
The Other ◽  
Security Issues ◽  
Goods And Services ◽  
Illegal Fishing ◽  
Territorial Sovereignty ◽  
Other Hand ◽  
The Future

As a maritime country Indonesia has economic and security opportunities as a foundation for national development. The future of the Indonesian maritime is realized through the synergy between the economic and the security aspect. This article describes the importance of such synergies within the framework of the global maritime fulcrum. Economic development in this framework is realized through ‘tol laut’ and connectivity of goods and services throughout Indonesia. In terms of security issues, the combating of illegal fishing is a form of defense policy as well as effort to maintain Indonesia’s territorial sovereignty. On one hand, this paper stresses the importance of economic development supported by defense and security stability. On the other hand, the development of defense posture requires a robust economic strength. Economy and security are two aspects that are inseparable and mutually supportive as an effort to realize the ideals of Indonesia as a global maritime fulcrum.Keywords: Global maritime fulcrum, economic and security, ‘tol laut’, illegal fishing

The Codification of International Law

1924 ◽  
Vol 18 (2) ◽  
pp. 260-280
Author(s):  
James Brown Scott
Keyword(s):  
International Law ◽  
The Body ◽  
The Other ◽  
Strict Sense ◽  
Other Hand ◽  
Law Of Nations ◽  
The Law ◽  
Principles Of Justice ◽  
Correct Understanding

There are certain preliminary observations which should be made before we can take up the question of codifying international law or the method of codification, for without a correct understanding of certain matters, which may be considered fundamental, we may not know whether we are to deal with a system of law or a system of philosophy. As a matter of fact we are dealing with both, for law develops unconsciously or consciously in accordance with the principles of philosophy. If the law of nations is to be considered law in the strict sense of the word, we must deal with it as a system of law. If, on the other hand, it is a system of philosophy rather than of law, we must deal with it as philosophy, and the point of approach and the method of treatment will be different. But, above and beyond law, we are dealing with justice, and with those principles of justice, which, expressed in rules of law, we call the law of nations. Justice is the source; the principles of justice applicable to the conduct of nations constitute the law of nations, and the rules of law based upon these principles change with conditions, or to meet new conditions, and form the body and substance of international law at any given period.

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