THE VALIDITY OF TURKEY-LIBYA’S AGREEMENT ON MARITIME BOUNDARIES IN INTERNATIONAL LAW

2020 ◽  
Vol 9 (2) ◽  
pp. 170
Author(s):  
Yordan Gunawan ◽  
Verocha Jayustin Sastra ◽  
Adyatma Tsany Prakosa ◽  
Mutia Ovitasari ◽  
Lathifah Yuli Kurniasih
Keyword(s):  
International Law ◽  
Eastern Mediterranean ◽  
Good Faith ◽  
Legal Research ◽  
Theoretical Understanding ◽  
Bilateral Agreement ◽  
Long Time

The conflicts between Turkey and Greece have been going on for a long time. Several conflicts caused tension between Turkey and Greece, such as the territory of Aegean, Cyprus, and other problems. The tension increased because the bilateral agreement between Turkey and Libya on the maritime boundaries of the Eastern Mediterranean, which signed in 2019, was opposed by Greece because the Agreement did not take into account the existence of the island which owned by Greece. The Agreement between Turkey and Libya made Greece furious because Greece considered that the action violated Greece’s sovereignty. The research aims to find out further about the validity of the agreement between Turkey and Libya on the maritime boundaries, which threatened Greece’s sovereignty. By using normative legal research, the research emphasizes the bilateral agreement between Turkey and Libya is invalid since it against the international law principles, namely sovereignty of states, good faith, good neighborhood, and Treaty of Amity and Cooperation. The paper will contribute to giving a theoretical understanding regarding aspects that need to be considered, outside the procedural aspects, when a state wants to make an agreement with another state, according to international law.

Chronofact Names: Their Transformations in Contemporary MassMedia

2020 ◽  
pp. 92-102
Author(s):  
Irina Kryukova
Keyword(s):  
Proper Names ◽  
Contextual Analysis ◽  
Terrorist Attacks ◽  
Theoretical Understanding ◽  
New Words ◽  
Technological Disasters ◽  
Long Time ◽  
Tragic Event ◽  
Russian Media ◽  
Historical Periods

The article presents the results of the study devoted to the semantic transformations of chronofact names understood as proper names referring to resonance events that are often tragic. In spite of many studies devoted to the processes of new words activation in various historical periods, proper names, with rare exceptions, are not included in the phenomena under the study. The objective of the following research is to identify universal features of chronofact names that make it possible to study these names as a separate group of onyms with their specific semantic and motivational characteristics. The proper names that have become the symbols of technological disasters, terrorist attacks, antigovernment actions, etc. (Chernobyl, Fukushima, Nord-Ost, Beslan, Bolotnaya Square, Maydan, and so on) served as the material of this study. Contextual analysis of these names in Russian media in the last decades, as well as component analysis of the connotative semantics of each name, allowed the author to select several common characteristics of chronofact names. First, every chronofact name undergoes rapid semantic transformations in the following order: it denotes a certain object – it denotes a singular tragic event (metonymy) and the development of a connotative onym – it denotes any other similar event (metaphor) and develops the characteristics of a precedent name. Second, chronofact names display same lexical and grammatical signs and they are used in homogenous contexts. Third, under certain extra-linguistic conditions, chronofact names are capable of expanding their figurative meanings and denoting a genuine notion for a long time. The material under the analysis is of interest to theoretical understanding of connotation as well as lexicographic description.

Piercing the Corporate Veil: The Responsibility of Member states of an International Organization

2011 ◽  
Vol 8 (2) ◽  
pp. 291-347 ◽  
Author(s):  
Odette Murray
Keyword(s):  
Decision Making ◽  
Member State ◽  
International Law ◽  
International Organizations ◽  
Good Faith ◽  
International Organization ◽  
Member States ◽  
Draft Article ◽  
Legal Limit ◽  
Primary Rule

AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.

From Texts and Iconography to Use-Wear Analysis of Ceramic Vessels

2021 ◽  
Vol 33 (2) ◽  
pp. 185-210
Author(s):  
Bartłomiej Lis ◽  
Trevor Van Damme
Keyword(s):  
Material Culture ◽  
Bronze Age ◽  
Iron Age ◽  
Eastern Mediterranean ◽  
Wear Analysis ◽  
Use Wear ◽  
Long Time ◽  
Ceramic Vessels ◽  
Repeated Use ◽  
Funerary Rites

While handwashing is attested in the Bronze Age cultures of the eastern Mediterranean and appears in both Linear B records and Homeric epics, the custom has not been discussed with regard to the material culture of Mycenaean Greece. On analogy with Egyptian handwashing equipment, we explore the possibility that a conical bowl made of bronze and copied in clay was introduced in Greece early in the Late Bronze Age for this specific use. We integrate epigraphic, iconographic and formal analyses to support this claim, but in order to interrogate the quotidian function of ceramic lekanes, we present the results of use-wear analysis performed on 130 examples. As use-wear develops from repeated use over a long time, it is a good indicator of normative behaviour, particularly when large datasets are amassed and contrasted with other shapes. While not conclusive, our results allow us to rule out a function as tableware for food consumption, and in combination with all other analyses support the interpretation of lekanes as handwashing basins. We then trace the development of this custom from its initial adoption by elite groups to its spread among new social classes and venues after the collapse of the palace system: at home, as part of communal feasting and sacrifice or as an element of funerary rites. The widespread distribution of handwashing equipment after 1200 bc closely mirrors the situation in our earliest surviving Greek Iron Age texts and joins a growing body of evidence pointing to strong continuity in social practices between the Postpalatial period and the early Iron Age in Greece.

Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni
Keyword(s):  
International Relations ◽  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Qualitative Approach ◽  
Legal Research ◽  
Bilateral Relations ◽  
Final Settlement ◽  
First Time

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>

Some Reflections on the Theory of Sources of International Law: Re-examining Customary International Law

2018 ◽  
Vol 51 (3) ◽  
pp. 485-502 ◽  
Author(s):  
Ezequiel Heffes
Keyword(s):  
International Law ◽  
Customary International Law ◽  
Cambridge University ◽  
Exponential Increase ◽  
Legal Nature ◽  
Long Time ◽  
Current Value ◽  
Legislative Model ◽  
Complex Features ◽  
Definition Of

This review explores certain challenges related to the notion of customary international law. It seems that it was a long time ago when international law academics and practitioners ever thought that the nature of this source was a well-settled topic. Nowadays international lawmaking processes involve an extraordinary number of interactions, taking place both formally and informally. Such complex features are reflected by an exponential increase in the scholarly study of international legal sources. The legal nature, its applicability and principles regulating customary international law are addressed in the book under review (Brian D Lepard (ed), Reexamining Customary International Law (Cambridge University Press 2017)) through several topical essays. The chapters offer a comprehensive analysis of these lawmaking processes and the challenges they portray from various perspectives and in various fields, such as: What is customary international law and why is it law? Is it law because it reflects a ‘global legislative’ model? What is the current value of the persistent objector theory? Is the two-element definition of customary international law still applicable? By meticulously addressing these and other inquiries, the book presents novel arguments and represents a stimulating addition to the literature on sources of international law.

An Introduction to the History of International Law

1924 ◽  
Vol 18 (2) ◽  
pp. 246-259 ◽  
Author(s):  
Baron S. A. Korff
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ancient World ◽  
Long Time ◽  
History Of ◽  
The Subject ◽  
History Of International Law

For a long time writers on international law took it for granted that the subject of their studies was a relatively recent product of modern civilization, and that the ancient world did not know any system of international law. If we go back to the literature of the nineteenth century, we can find a certain feeling of pride among internationalists that international law was one of the best fruits of our civilization and that it was a system which distinguished us from the ancient barbarians. Some of these writers paid special attention to this question of origins and endeavored to explain why the ancient world never could have had any international law.

scholarly journals The Conflict Between Greece And Turkey In The Mediterranean Sea (International Maritime Law Study)

Jurnal Hukum ◽  
2020 ◽  
Vol 36 (2) ◽  
pp. 126
Author(s):  
Edanur Yıldız
Keyword(s):  
International Law ◽  
Mediterranean Sea ◽  
Eastern Mediterranean ◽  
East Mediterranean ◽  
International Courts ◽  
Maritime Law ◽  
The Mediterranean

Turkey and Greece are again dragged into a new conflict in the East Mediterranean. Turkey and Greece vie for supremacy in the eastern Mediterranean. Turkey, for its part, indicated that Greece's claim to the territory would amount to a siege in the country by giving Greece a disproportionate amount of territory. This study aims to rethink the conflict between Greece and Turkey in the waters of the Mediterranean sea in the view of international maritime law. This study uses an empirical juridical approach. The Result of this research is Turkey does not ignore the Greece rights, Greece ignores the international law with its extended or excessive maritime claims. Greece tries to give full entitlement of the islands in Mediterranean and Agean. Whereas the effect Formula is applied by international courts.

scholarly journals Hukum Internasional sebagai Alat Interpretasi dalam Pengujian Undang-Undang

2018 ◽  
Vol 15 (1) ◽  
pp. 73
Author(s):  
Umbu Rauta ◽  
Ninon Melatyugra
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Review Process ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Constitutional Tradition ◽  
The Relationship

Tulisan ini ingin menjawab dua isu utama mengenai hubungan hukum internasional dan pengujian undang-undang oleh Mahkamah Konstitusi RI (MKRI). Isu pertama adalah legitimasi penggunaan hukum internasional sebagai alat interpretasi dalam pengujian undang-undang, sedangkan isu kedua adalah urgensi penguasaan hukum internasional oleh hakim MKRI. Tulisan ini merupakan penelitian hukum yang menggunakan pendekatan konseptual dan pendekatan historis dalam menjelaskan perkembangan pengujian undang-undang di Indonesia sekaligus menemukan legitimasi penggunaan hukum internasional oleh MK RI. Kesimpulan dari tulisan ini menegaskan bahwa hukum internasional memiliki sumbangsih yang penting dalam perannya sebagai alat interpretasi dalam proses pengujian undang-undang oleh Mahkamah Konstitusi, khususnya terkait hak asasi manusia. Justifikasi keabsahan praktik penggunaan hukum internasional tersebut ditarik dari tradisi ketatanegaraan yang secara implisit dikehendaki UUD NRI Tahun 1945. Manfaat positif yang diberikan hukum internasional nyatanya harus disertai juga dengan penguasaan hukum internasional oleh hakim MK RI supaya hukum internasional dapat digunakan secara tepat. Pembahasan dalam tulisan ini dibagi ke dalam empat sub bahasan inti yakni, pengujian undang-undang, penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang oleh MK, legitimasi penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang, pentingnya penguasaan hukum internasional oleh hakim MK.This article intentionally answers two principal issues regarding the relationship between international law and judicial review by the Constitutional Court of the Republic of Indonesia. The first issue is the legitimacy of international use as an interpretative tool in judicial review. The second issue talks about the necessity of urgent international law mastery by the Constitutional Court’s judges. This legal research utilizes both a conceptual approach and a historical approach to explain the development of judicial review in Indonesia, and to find legitimacy of international law by the Constitutional Court. The analysis in this article affirms that international law positively contributes as an interpretative tool in judicial review by the Constitutional Court, particularly pertaining to human rights. A justification of a legitimate international law use is withdrawn from constitutional tradition which is implicitly desired by the Indonesian Constitution (UUD NRI 1945). Since international law has provided better insights into norms, a mastery of international law should be encouraged. There are four main discussions in this article: judicial review, application of international law in judicial review process, legitimacy of international law application in judicial review, and the importance of international law mastering by Constitutional Court judges.

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

scholarly journals Penerapan Asas Piercing The Corporate Veil: Perspektif Tanggung Jawab Direksi Perseroan Terbatas

2018 ◽  
Vol 1 (1) ◽  
pp. 45
Author(s):  
Putri Sari Harahap ◽  
Tumanggor Tumanggor
Keyword(s):  
Board Of Directors ◽  
Common Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Legal Research ◽  
The Board Of Directors ◽  
Piercing The Corporate Veil ◽  
The Veil

<p>Piercing The Corporate Veil principle is a common law doctrine that teaches about the veil special breakout company (corporate veil) covering the Board of Directors and other organs in running the company does not fit or have violated the principle of fiduciary duty (good faith) to the intent and purpose of the company.This type of research in this thesis is a normative legal research means tend to use secondary data in the form of primary legal materials, secondary law and tertiary  legal materials. To collect the data in this research is a stud y done by the descriptive analysis. The resulted in losses for both the company and third parties, First Defendant's actions can be categorized  as a tort (onrechtmatige daad) under Article 1365 of the Civil Code. In the verdict the judge in his ruling has been applying the principle of piercing the corporate veil but does not necessarily resolve the matter of debts between the Compa- ny (Plaintiff) with rights holders of promissory notes "mayofield notes" or the Board of Directors (Defendant 1) with the holders of promissory notes " mayofield note.</p><p>Keywords: Piercing the corporate veil, directors fiduciary duty</p>

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