scholarly journals Analisis Masalah Pengaturan Ruang Udara Di Atas Alur Laut Kepulauan Indonesia (ALKI)

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
A Dirwan
Keyword(s):  
Grounded Theory ◽  
United Nations ◽  
Law Of The Sea ◽  
Military Aircraft ◽  
United Nations Convention ◽  
The Law ◽  
The Right

United Nations Convention on the Law of the Sea 1982 (UNCLOS) was formed at 10 December 1982. Archipelagic State (Article 46) means a state constituted wholly by one or more archipelagos and may include other islands. Article 53, paragraph (2) UNCLOS 1982, stated: “all ships and aircraft enjoy the right of archipelagic sea lines passage in such sea lines and air routes”. However, this article could cause overlapping in applications, because ICAO already states all air areas in flight routes (ATS). In another article, the right of archipelagic sea lines passage, especially for military aircraft regarding the necessity to get permission from Archipelagic State, has been perceived differently by every states. This research with the grounded theory methode, involves expert respondents to see and synchronize few aspects or articles. Findings from this research are to complete the sentence of “all ships and aircraft enjoy the right of archipelagic sea lines passage .... “, with the understanding that all aircraft can provide overflight on archipelagic sea lines air area, which determined as an ATS route according to ICAO rules. Every military aircraft which uses the ATS route should have permission from Archipelagic State Goverment.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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