Masa Depan Kerja Sama Selatan-Selatan: Diantara Solidaritas dan Kepentingan

The phenomenon of 1950s-1970s showed that material, financial, and technical assistance had been provided between developing countries. South-south cooperation (KSS) is one of the modalities of international development cooperation between developing countries to healp each other through mutual learning, sharing of experiences, and transfer of knowledge mechanisms in order to achieve mutual prosperity. The demand-driven pattern distinguishes SSC from other collaborations so that SSC considered as more prospective approach. There is no one-size-fits-all approach but it based on the needs of partner countries. By the time, SSC is no longer limites to the Asia-Africa context and as a progressive collaboration. By using descriptive qualitative methods and international regimes as an analytical framweork, the aim of this research is to show position that should be taken by SSC members in the middle of shifting of international order in which solidarity and acting collectively must be maintained. In the midst of various challenges such as the me-first policy, bilateral and regional approaches, new southern policy, and no single domination approach, SSC still has to maintain the principle of solidarity

International Regime Approach in the Development of Indonesia’s 2004 Post-Aceh Earthquake and Tsunami Disaster Regulations

Pada Desember 2004, sebuah tsunami menerjang Aceh, Nias, dan sebagian Sumatera Utara pasca terjadinya gempa berkekuatan 9.0 SR, memberikan dampak yang melampaui kapasitas pemerintah Indonesia untuk menanggulanginya sehingga Indonesia harus membuka dirinya terhadap bantuan kemanusiaan internasional. Tetapi, ketiadaan peraturan perundangan yang mengatur segala hal mengenai kebencanaan dan penerimaan bantuan internasional di Indonesia semakin memperkeruh keadaan. Dengan adanya Resolusi Majelis Umum PBB No. 46/182 Tahun 1991 sebagai salah satu wujud rezim internasional, pada tahun 2004 Indonesia dapat menerima bantuan kemanusiaan internasional dengan baik. Tulisan ini bertujuan untuk menelaah perkembangan peraturan perundangan kebencanaan di Indonesia yang terjadi pasca gempa dan tsunami yang menyerang Aceh pada tahun 2004, menggunakan metode kualitatif dengan teknik pengumpulan data berbasis dokumen dan internet serta mewawancarai beberapa ahli. Penemuan menunjukkan adanya perkembangan peraturan perundangan kebencanaan Indonesia yang sejalan dengan hal-hal yang termuat dalam Resolusi Majelis Umum PBB No. 46/182 Tahun 1991, sebagai salah satu wujud partisipasi aktif Indonesia sebagai aktor di dunia internasional. Walau demikian, masih ada beberapa hal yang harus terus dikembangkan Indonesia untuk mencapai hasil yang optimal dalam menanggulangi bencana alam di wilayahnya.Kata-Kata Kunci: Bantuan Kemanusiaan Internasional, Gempa dan Tsunami Aceh 2004, Peraturan Perundangan Kebencanaan Indonesia, Rezim InternasionalIn December 2004, a tsunami struck Aceh, Nias, and part of North Sumatra following the 9.0 SR magnitude earthquake, of which its impact overwhelmed the Indonesian government’s capability and required Indonesia to open itself for international humanitarian assistance. However, the absence of Indonesian disaster regulations and the lack of acceptance for international assistance had worsened the situation. With the UNGA Resolution No. 46/182 of 1991 as a manifestation of the international regime, Indonesia could finally accept international humanitarian assistance in 2004. This article aims to examine the development of Indonesian disaster regulations after the 2004 Aceh earthquake and tsunami, using qualitative methods complimented with document-based and internet-based data as well as interview results with several experts. Findings shows that the development of Indonesian disaster regulations is in line with the matters contained in the resolution, further exhibiting Indonesia’s active participation as an actor in the international world. Having said that, there are many things that Indonesia shall continue to develop still in order to achieve optimal results in tackling natural disasters.Keywords: 2004 Aceh Earthquake and Tsunami, Indonesia Disaster Regulations, International Humanitarian Assistance, International Regimes

International Protection of Foreign Investments in Offshore Energy Production and Marine Environmental Protection: Birds of a Feather or Frenemies Forever?

Initially, international investment law and international law on the protection of the marine environment were two branches that developed separately. As these international regimes mature, they often speak to the same facts, bringing about their ever-increasing normative interaction, way before any disputes arise. The regulation of investments in offshore energy production is chosen as a case study because it exemplifies how these two bodies of international law can interact. The article does not conceptualize these two international regimes as inherently antagonistic but instead highlights their potential complementarity. Yet, it is primarily the issue of normative conflicts between those two regimes which has generated heated scholarly debates. Against the backdrop of sweeping critiques about the potential ‘regulatory chill’ of international investment agreements and their investor-State dispute settlement mechanism, this contribution examines whether arbitral tribunals have interpreted and applied investment rules in a fashion that can unduly restrict the discretion of host States to honour their marine environmental obligations. First, it explores why and how international investment law and marine environmental law interact and influence each other’s implementation. In a second step, the article investigates the impact (if any) of investment obligations on the discretion of host States to comply with their marine environmental protection obligations. Adopting a forward-looking perspective, it finally enquires into the potential impact of the reformed provisions under new generation IIAs on the right and duty of States to take all necessary measures to protect the marine environment against pollution from offshore energy production activities.

Part II Analytical Approaches, Ch.13 Ethical Considerations

This chapter focuses on the dominant philosophical values currently operating within international environmental law. Collectively, international environmental law operates in a maze of anthropocentric and non-anthropocentric values. Often these values overlap both within and between regimes, and conflicts are relatively rare. Although anthropocentric values are more common than non-anthropocentric ones, there is no one dominant philosophical value that towers above others in international environmental law. Non-anthropocentric values are also becoming particularly noticeable across a large range of topics. However, what is obvious in international environmental law is that the debates about the philosophical value of the environment are not novel. In the space of twenty years, debates which were once the exclusive province of philosophy journals have moved to the core of many of the most high-profile international regimes which are seeking to resolve some of the most pressing difficulties of the twenty-first century.

Part V Subject Matter, Ch.32 Wildlife

This chapter details the themes and principles that shape international wildlife law. International wildlife law shares attributes with other fields of international environmental law, but also has certain particular attributes. In particular, the degree to which treaties affecting wildlife conservation impose strict or flexible obligations on their member states is often a product of a variety of factors, for example: how specific the scope of the treaty is, whether the treaty primarily focuses on individual species or on ecosystem and habitat protection, and whether the treaty targets primarily domestic or primarily international activities or species. The chapter then discusses certain international regimes that focus on particular species, before considering examples of ecosystem-based regimes and regimes with a more regional focus. It also looks at the most significant issues facing global wildlife conservation.

Part VIII Compliance, Implementation, and Effectiveness, Ch.57 Effectiveness

This chapter introduces some key concepts: what international regimes are; how to measure their effectiveness (the dependent variable); how this can be explained (independent variable); and the severe methodological challenges associated with answering these questions. Two main explanatory perspectives are introduced: the nature of the problem dealt with by the regime and its problem-solving ability. The chapter then surveys some key general findings that have emerged from the study of the effectiveness of international environmental regimes. Perhaps the most important finding is that although most international regimes that have been studied have had some effect on the problems they address, they have very rarely been able—if at all—to solve them fully. Another important observation is the sizeable variation among regimes in their problem-solving ability. The chapter presents empirical examples to illustrate how effectiveness can be measured and explained in practice. Most attention is given to the global climate regime, given its prominence on the international agenda. Viewed from a problem-solving perspective, however, the climate regime emerges as a low-effectiveness regime. This is briefly contrasted with the highly successful international ozone regime, as well as a regime that is very hard to measure in terms of effectiveness due to the deep and divisive conflicts over values, namely, the international whaling regime.

Civilizzazione e funzione ancillare della forza

A very respectable theory (K.R. Popper) argues that civilization tends to limit the use of violence and opposes a state of chaos, madness, barbarism and war. It is a philosophical theory that in its empirical validity can find a minimum (not exclusive) support from a triad of arguments. In fact, by limiting the concept of civilization to that field that we can call "law and legal justice", we can have, in this case, three arguments, to argue that law actually tends to limit the use of violence, without being based exclusively on the force (and violence) of the sanction:(i) A philosophical-juridical argument, the theory of “international regimes; (ii) A sociological one, the theory of companies such as "Small World Networks" and (iii) A mathematical one, the theory of deterministic chaos applied to the phenomenon of sanction (also definable as coercive force, deterrence or even "just war").

Understanding the Global Climate Change Regimes

Climate change is considered as one of the most hazardous security threats, which contains challenges for carbon-emitting countries as well as non-emitting countries. International regimes have been engaged in mitigating climate-related effects as these threats are more lethal than terrorism and any other traditional security threats. International regimes for climate change are being developed through an evolutionary process and currently working on different levels to combat the perils of climate change. Their efficiency is always under consideration by nonemitting states that are victims of climate change, consequently through developed or carbon-emitting states. The study identifies efficient and valuable work of climate regimes and provides a critical approach to so far work done on climate change to diminish its effects worldwide. The research includes the responsibility of various factors to mitigate the consequences of climate change i.e. role of carbon-emitting and nonemitting states and the role of inter-governmental organizations.