scholarly journals PERLINDUNGAN DAN PELESTARIAN LINGKUNGAN LAUT MENURUT HUKUM INTERNASIONAL

2020 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Dewa Gede Sudika Mangku
Keyword(s):  
Law Enforcement ◽  
Environmental Monitoring ◽  
International Law ◽  
Marine Environment ◽  
Technical Assistance ◽  
The State ◽  
Law Of The Sea ◽  
Legal Research ◽  
Research Results ◽  
The Law

Issues relating to the protection of the marine environtment are of concern, including by international law. This research discusses the prtection and preservation of the marine environment according to international law. This research is a normative legal research. The approach used is the statutory approach. The research results show that the protection and preservation of the marine environment receives serious attention by international law, especially through regulation through the 1982 Nations Convention on the Law of the Sea (UNCLOS) which fully regulates the protection and preservation of the marine environment in a Chapter, namely Chapter XII which consists of 45 articles (192-237). In this Chapter there are several important aspects relating to the protection and preservation of the marine environment, namely the existence of general obligations of countries in terms of protecting the marine environment (Articles 192-160), obligations of the state in terms of pollution (Articles 194-196), global cooperation and in the framework of protecting the marine environment (Articles 197-201), technical assistance (Articles 202-203), environmental monitoring and analysis (Articles 204-206), making laws and regulations and accompanying law enforcement (Articles 207-234), responsibilities and compensation obligations (Article 235), immunity rights (Article 236), obligations under other conventions concerning the protection of the marine environment (Article 237). Persoalan berkaitan perlindungan lingkungan laut menjadi perhatian, termasuk oleh hukum internasional. Penelitian ini membahas perlindungan dan pelestarian lingkungan laut menurut hukum internasional. Penelitian ini adalah penelitian hukum normatif. Pendekatan yang digunakan adalah pendekatan perundangan-undangan. Dari hasil penelitian didapatkan hasil bahwa perlindungan dan pelestarian lingkungan laut mendapatkan perhatian serius oleh hukum internasional, terutama melalui pengaturan melalui Nations Convention on The Law of the Sea (UNCLOS) 1982 yang secara lengkap mengatur mengenai perlindungan dan pelestarian lingkungan laut dalam suatu Bab, yaitu Bab XII yang terdiri atas 45 pasal (192- 237). Dalam Bab tersebut terdapat beberapa aspek penting yang berkaitan dengan perlindungan dan pelestarian lingkungan laut, yaitu adanya kewajiban umum negara-negara dalam hal perlindungan lingkungan laut (Pasal 192- 193), kewajiban negara dalam hal pencemaran (Pasal 194-196), kerjasama global dan regional dalam rangka perlindungan lingkungan laut (Pasal 197- 201), bantuan teknik (Pasal 202-203), monitoring dan analisa lingkungan (Pasal 204-206), pembuatan peraturan perundang-undang disertai penegakan hukumnya (Pasal 207-234), tanggung jawab dan kewajiban ganti rugi (Pasal 235), hak kekebalan (Pasal 236), kewajiban-kewajiban berdasarkan konvensi lain mengenai perlindungan lingkungan laut (Pasal 237).

scholarly journals THE PEOPLE AND THE STATE AUTHORITIES: THE ANALYSIS OF THE INTERACTION AND COOPERATION IN THE THEORETICAL LEGACY V. N. LESHKOV

2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Administration ◽  
The State ◽  
First Century ◽  
Legal Research ◽  
Methodological Basis ◽  
The People ◽  
General Scientific ◽  
The Law

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.

scholarly journals General issues of the exercise of jurisdiction in the process of application of law enforcement measures at sea

2020 ◽  
pp. 106-118
Author(s):  
A. P. Glazova
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Research Process ◽  
The State ◽  
Customary Law ◽  
Research Approach ◽  
Legal Norms ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
The Law

INTRODUCTION. Currently, states can apply a whole range of law enforcement measures at sea in order to prevent such unlawful phenomena as piracy, slave trade, drug trafficking, migrant smuggling, etc. However, the problem of the exercise of jurisdiction by states within various maritime areas is the main sticking point during the implementation of these measures. In an attempt to exercise the law enforcement function at sea, the state can't ignore the fact that its ability to create legal norms and ensure their effective implementation depends not only on its will as a sovereign, but also on the restrictions imposed by international law. Therefore, maintaining a balance between limiting the “territorialization” of maritime areas and the need to carry out a law enforcement function logically entails the need to determine the nature and content of the concept of “jurisdiction of the state” within different maritime areas, as well as to identify specific features of this legal category. The present article focuses on this and other related issues.MATERIALS AND METHODS. Historical and comparative analysis along with dogmatic research approach were used in the research process and the entire research is well grounded in focusing on the norms of international treaty law and customary law. In addition to that this research focuses on the norms of national law governing issues related to the application of law enforcement measurement at the sea. Apart from those given material and methodical inputs, the doctrinal works of the relevant jurists have been used in this research.RESEARCH RELULTS. The author comes to an alternative conclusion that territorial jurisdiction within the maritime territory is not absolute, which is due, apparently, the principle of freedom of the high seas which have a longer support by the international community. The definition of jurisdiction as extraterritorial is not self-sufficient, since in case of conflict of jurisdictions, additional legal criteria are required to resolve such a conflict. The classification of extraterritorial jurisdiction depending on the principles on which it is based also does not solve the problem, since some principles, such as protective or universal, in turn, require additional criteria in order to become a self-sufficient tool to overcome legal uncertainty. The author notes that the ability to exercise territorial jurisdiction within maritime areas, as a rule, determines the ability to exercise legislative and executive jurisdiction, which are also not absolute. The exercise of extraterritorial legislative or executive jurisdiction at sea is potentially permissible only on the basis of international law to solve a specific function, for example, law enforcement.DISCUSSION AND CONCLUSION. The main problem of the varieties of jurisdiction proposed by in- ternational legal science is that each of them only supplements each other, describing a possible choice, but not explaining why a particular choice should be preferred in case of conflict. It is obvious that current uncertainty has created some severe impacts upon the institution of law enforcement measures at sea as a result of the absence of standards for enforcement measures that could make a balance to the mechanism. Hence the law enforcer has to be cautious with a number of factors in deciding the implementation of law enforcement measures within the sea.

Hot Pursuit

2016 ◽  
Author(s):  
Bill Gilmore
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Use Of Force ◽  
The State ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Cross Border ◽  
Legal Justification ◽  
The Right ◽  
Self Defence

This chapter examines the doctrine of ‘hot pursuit’ used by the state to exercise its coercive powers beyond national territory for law enforcement purposes. It discusses hot pursuit by sea, land, and air in the context of international law, particularly with respect to self-defence and reprisal. Whilst hot pursuit is well recognized in the customary international law of the sea, it has yet to achieve that form of normative recognition in relation to pursuit on land or by air. The chapter considers the debate over hot pursuit as a legal justification for cross-border military incursions independent of the right of self-defence and describes the concept of extended constructive presence before concluding with an analysis of hot pursuit in a use of force context.

scholarly journals PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATOR TERKAIT PENANGANAN TINDAK PIDANA KORUPSI DI INDONESIA

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Rika Ekayanti
Keyword(s):  
Law Enforcement ◽  
Scientific Journal ◽  
Legal Protection ◽  
The State ◽  
Legal Research ◽  
Evidential Value ◽  
Legal Provisions ◽  
The Law ◽  
Laws And Regulations

The discussion in this thesis raised regarding Legal Protection against Justice Collaborator in the handling of corruption in Indonesia. The objectives of this study are to be analyzed with both forms of regulation and identify the type of protection provided by the laws of the State of Indonesia justice collaborator and determine the accuracy of the strength of the evidential value of the testimony in the trial of a justice collaborator, by analyzing the legal provisions in the legislation other law relating to witnesses. This type of research is used in a scientific journal this is the kind of normative legal research, because there is disharmony norm based research in the form of a legal vacuum regarding the setting justice collaborator in formal laws and regulations in Indonesia, as well as the legal ambiguities in the text of the legislation on Article 10 paragraph (2) Law No.. 13 of 2006 on the Protection of Witnesses and Victims of the justice collaborator testimony that can be used as consideration to give the judge for leniency. Having regard to the development of the current law that requires courage and willingness of law enforcement in combating corruption as an extraordinary crime, it is necessary to break the law through the use of an instrument justice collaborator.

The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup

2021 ◽  
pp. 1-11
Author(s):  
Talitha Ramphal
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Marine Debris ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
High Seas

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.

The Telders International Law Moot Court Case 2009: The Mare Liberum Case (Rosmarus v. Urusus)

2009 ◽  
Vol 22 (2) ◽  
pp. 384-388
Keyword(s):  
International Law ◽  
Environmental Law ◽  
The State ◽  
Law Of The Sea ◽  
Court Case ◽  
International Environmental Law ◽  
Public International Law ◽  
The Law ◽  
Oil Rig ◽  
Offshore Oil

This case concerns a claim for damages by the State of Rosmarus following an accidental explosion and leak at an offshore oil rig operated by the State of Urusus and the seizure of an Urusus-flagged fishing vessel by the State of Rosmarus. It involves issues of public international law, including the law of the sea, the law of treaties, and international environmental law.

scholarly journals THE APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN INTERNATIONAL LAW: AN ANALYSIS OF THE CONTRIBUTION OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

2017 ◽  
Vol 14 (29) ◽  
pp. 229-259
Author(s):  
Tiago Vinicius Zanella ◽  
Ricardo Pereira Cabral
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Precautionary Principle ◽  
Law Of The Sea ◽  
Scientific Uncertainty ◽  
International Tribunal ◽  
Irreversible Damage ◽  
Precautionary Approach ◽  
The Precautionary Principle ◽  
The Law

The precautionary principle, invoking the notions of risk, scientific uncertainty and irreversible damage, takes the solution of the environmental issues of the global risk society to the legal domain. Its application in international law has evolved significantly, especially with respect to the protection of the marine environment. This principle, which was much ignored in its practical application, is gradually being used in international environmental protection. The purpose of this paper is to analyze how the jurisprudence of the ITLOS has contributed to the development and application of the precautionary principle for the protection of the marine environment and how the International Tribunal for the Law of the Sea contributed to the development of this principle in international law. Thus, although we are still not able to safely say that the precautionary approach is included in international law as an unchallenged principle, it has been given great steps over the last few years in this direction. Particularly with the contributions of the international jurisprudence of the ITLOS, the precautionary approach is evolving and becoming an autonomous principle, with less uncertainty and subjectivity that caused so much apprehension for the States and doubt in the doctrine.

scholarly journals Intrusion of international law into the national legal system

2021 ◽  
Vol 5 (1) ◽  
pp. 40-57
Author(s):  
V. F. Anisimov ◽  
Yu. V. Truntsevskiy
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
Legal Systems ◽  
Foreign Law ◽  
National Legal System ◽  
International Obligations ◽  
The Law

The subject of the research is the peculiarities of the implementation of international law in national legal systems, the law enforcement practice of the implementation of international legal obligations of the state, doctrinal approaches to the interaction of the norms of international and domestic law. The purpose of the article is to confirm or disprove the hypothesis that the limits, forms and methods of the ex-ante intrusion of international law into the national legal system are determined not only as a result of the agreed will of States, but also against such will, under the influence of the interests of individual States or their political blocs that occupy a dominant position in an international organization. Methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results. The forms and methods of intrusion of international law into the legal systems are diversified. International law is not limited to interstate relations. Global processes require the development of new scientific approaches to understanding the processes of intrusion of international law into the legal systems of States. These processes require the study of the forms and methods of the impact of international law and international institutions on the national legal order. States are sometimes forced to implement measures developed in the international implementation mechanism (due to the need for international financial assistance as well as the inability to single-handedly defeat internal corruption, create a favorable international image, etc.). The international legal invasion exist already ex – post through the decisions of international judicial bodies or the assertive recommendations of international organizations. Their demands are made not just to comply with international obligations, but to change national legislation. The implementation of the norms of international law in national legal systems should be carried out at the domestic level just as much as it is necessary to fulfill these international obligations. The law enforcement practice in the state is based solely on national principles of law, and it is unacceptable to comply with the requirements from the outside to change them from the point of view of the independence of the state. It is the exclusive right of each State to determine the content of acts of interpretation of international bodies in relation to the decisions and actions of specific States from the point of view of their national interests. We prove that every state has the important right to determine the limits of the invasion of international law in their national legal system: the contents of implementing legislation; the completeness of implementation of the decisions and recommendations of international bodies and courts; the recognition of the extraterritorial validity of foreign law and forms of its implementation. Conclusions. The fundamental principle of international law- pacta sunt servanda – is transforming into a practical imperative – national legislation must change. This is due to the recognition of the jurisdiction of international judicial bodies. This is due to the extraterritorial effect of foreign law; it is connected with the transnational character of the law of international integration entities. This is due to the inability of individual States to resist exponential corruption. The continuous nature of the intrusion of international law into national legal systems is reflected in the various methods of such interference. The article proves the importance of each state having the right to independently determine the limits of the intrusion of international law into their national legal system.

scholarly journals Developments in International Law of the Sea in the Light of Some Recent Judicial Decisions

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Pierre Klein ◽  
Tiến Vinh Nguyễn
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
New Developments ◽  
Judicial Decisions ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This paper summarizes and analyzes the new developments in international law of the sea through a number of recent international cases, particularly through the Arbitration's Award in the Philippinesv. China Case over the East Sea. These developments include those releated to the United Nations Convention on the Law of the Sea 1982, the scope and basis of national rights to defferent maritime zones; Maritime delimitation; the important role of agreement in maritime delimitation and the signification of equitable and faire outcome; The rights and obligations of the State in the protection of the marine environment. Through its analysis and assessment, the article also confirms the central role of the United Nations Convention on the Law of the Sea, called the "Charter of the Sea and Oceans"

Countermeasures

2013 ◽  
Author(s):  
Joaquín Alcaide Fernández
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Dispute Settlement ◽  
Pollution Prevention ◽  
Physical Space ◽  
The State ◽  
The Other ◽  
Judicial Decisions ◽  
Self Help ◽  
The Law

As used in modern practice, judicial decisions, and literature, the term “countermeasures” covers the main part of the classical subject of “reprisals,” to which the first monographs of international law were devoted in the 14th century (B. de Sassoferrato and G. de Legnano). Two features used to be attached to countermeasures: (a) they are unilateral or individual measures adopted directly and independently by a state that takes the law into its own hands as based on the state’s “subjective” qualification of another state’s prior act as illegal (“self-help” or “self-protection”); (b) the measures would be essentially illegal if not for the fundamental prerequisite of the “objective” existence of a prior wrongful act committed by the state against which the countermeasures are adopted, and for the fulfillment of other requirements, substantive limits, and procedural conditions. In legal literature sometimes countermeasures not only include these measures but also those called “retorsion”: these are unfriendly and perhaps also retaliatory but not illegal irrespective of the conduct of the state these measures are taken against. The measures of retorsion have fallen outside the scope of the International Law Commission’s (ILC’s) work on international responsibility. On the other hand, countermeasures are not always differentiated from “sanctions” (or institutionalized coercive measures), and from unilateral measures to enforce “sanctions.” The development of judicial and institutional processes for furthering compliance and enforcement in general international law has not yet excluded such unsatisfactory legal remedies, as states’ practice and opinio juris (or the judicial decisions) prove. Legal scholars are also practically unanimous to recognize the admissibility of law enforcement through countermeasures, whether they consider it expressly or implicitly an exception or a right/faculty (or duty) of states. And so, this recognition is extended to international organizations. The ILC has taken note of all that, having contributed to the more precise development and definition of the countermeasures’ legal regime. The debates have been mainly on the conditions and restrictions to neutralize or reduce the risk of abuse, less on the pros and cons of the codification of that regime. Concerning the legality and legitimacy of countermeasures, there are other requirements related to, inter alia, their object (law-enforcement, not punishment), necessity and proportionality, temporary and reversible character, or the other obligations where fulfillment cannot be suspended as a countermeasure, all of them addressed by the ILC’s draft articles on responsibility. Alongside the recurrent renewal of the discussion relating to the illegality of reprisals/countermeasures involving the use of force, there are probably two other controversial issues, as highlighted during ILC’s work: the interrelationship between recourse to means of dispute settlement and to countermeasures and, in relation to erga omnes obligations and peremptory norms, the entitlement (right or duty) of noninjured states to adopt individual countermeasures. Although the term “countermeasure” has been used since at least 1923, as a general concept, referring to domains or disciplines with little or no relation to international law (medicine, materials or electromagnetic engineering, pollution prevention, defense and weapons), in recent years some practice and several academic writings attempt to adapt existing international law, including the law governing the self-help resources available to the victim states (self-defense, retaliation, regression, and the right to take countermeasures), from the kinetic (physical) space to a new one (“the fifth domain”), namely, the cyber domain.

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