“Sovereignty, territory, and the legitimacy of the international order”

In The Shifting Border, Ayelet Shachar (2020) argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shachar’s analysis implicitly calls into question the legitimacy of the international order. I then raise the worry that the logic which severs the link between the exercise of sovereignty and territory is the same logic that can be used to justify injustice and atrocity such as ethnic cleansing. Shachar’s normative proposals do not sufficiently recognize or guard against this risk.

Legal Rigidity and Digital Fluidity: Relationships between the State and the Internet

This paper shall focus on the transformative nature of technology, namely in facilitating criminal and terrorist activity and the unique challenges to regulation. The Internet requires a re-examination of static concepts of territorial boundaries and legal jurisdictions which contribute to uncertainty in regulation.

BATAS MARITIM INDONESIA DAN PALAU DI ZONA EKONOMI EKSKLUSIF

Indonesia is bordered by 10 countries, one of which is Palau. Indonesia has the right to the living natural resources in EEZ. As for the width of the EEZ a country can claim up to 200 miles. If the EEZ overlaps with other countries, one of which is Indonesia and Palau, namely using the principle of justice and followed up by making an agreement on the boundaries jurisdiction area. The goal is to have arrangements in use that are believed to be able to maintain the sustainability of living resources based on an agreement. The results show that the clarity of Indonesia's maritime boundaries has an impact on the use of its natural resources. The clarity of maritime boundaries provides the welfare of the Indonesian people, so it can be concluded that the determination of maritime boundaries between Indonesia and Palau will be sought immediately by referring to regulations and success in practices that have been carried out by Indonesia. While the determination of territorial boundaries has not reached an agreement or agreement that is final in nature, both Indonesia and Palau are obliged to follow dispute resolution procedures, according to Chapter XV UNCLOS 1982. UNCLOS 1982 also provides favorable arrangements for the parties concerned, namely during the waiting period / effort. in reaching the final arrangement, especially the regulation of biological resources in the border area, the biological resources can be utilized by implementing temporary arrangements. The research method used is the normative method by examining the related rules. Negara Indonesia berbatasan dengan 10 negara, salah satunya dengan Palau. Perbatasan maritim di ZEE Indonesia, Indonesia mempunyai hak atas sumber daya alam hayati yang terdapat di dalamnya. Adapun lebar ZEE suatu negara dapat mengklaim sampai 200 mil. Namun apabila wilayah yurisdiksi dalam hal ini ZEE tumpang tindih dengan negara lain, salah satunya Indonesia dengan Palau, maka harus dibagi sesuai ketentuan yang diatur dalam UNCLOS 1982, yaitu menggunakan prinsip keadilan dan ditindaklanjuti dengan membuat perjanjian tentang batas wilayah yurisdiksi. Tujuannya adalah adanya pengaturan dalam pemanfaatan yang diyakini dapat menjaga keberlanjutan sumber daya hayati yang didasarkan pada perjanjian. Hasil penelitian menunjukkan kejelasan batas wilayah maritim Indonesia berimbas pada pemanfaatan sumber daya alamnya. Kejelasan batas maritim memberikan kesejahteraan rakyat Indonesia, maka dapat disimpulkan penetapan batas maritim antara Indonesia dengan Palau segera diupayakan dengan mengacu pada peraturan dan keberhasilan dalam praktik-praktik yang telah dilakukan oleh Indonesia. Sementara penentuan batas wilayah belum tercapai kata sepakat atau perjanjian yang sifatnya final, baik Indonesia maupun Palau, wajib mengikuti prosedur penyelesaian sengketa, sesuai Bab XV UNCLOS 1982. UNCLOS 1982 juga memberikan pengaturan yang menguntungkan bagi pihak-pihak terkait, yaitu dalam masa tunggu/upaya dalam mencapai pengaturan final, terutama pengaturan sumber daya hayati di wilayah perbatasan tersebut, maka sumber daya hayati dapat dimanfaatkan dengan dilakukan pengaturan sementara. Metode penelitian yang digunakan adalah metode normatif dengan mengkaji aturan-aturan yang terkait.

Redefining Permanent Establishment Concept of e-Commerce Cross-border Transaction: A Preliminary Study in Indonesia

The development of e-commerce transaction has created problems in taxation policy. The tendency of tax avoidance occurs when countries place little attention to mitigate the problem. Most countries, including Indonesia, face the problem of tax avoidance practices as e-commerce practices can bypass States' territorial boundaries.

CONCEPTS AND BASIS OF INTERNATIONAL RELATIONS IN ISLAMIC GOVERNMENT PERSPECTIVE

After the Muslims spread Islam throughout the universe, the contact of the Muslims with the a‘jam nations had entered a new chapter in international relations. Territorial boundaries displayed in plain sight do not make Muslims limit themselves in interactions between countries. The relationship between Muslims and other nations is inspired by the teachings of Islam itself, which requires Muslims always to maintain peace between Muslims and internal and external Muslims. Islam has laid the foundation of peace in international relations with one main stipulation that Muslims are not allowed even to interfere in the internal affairs of other nations. The methodology used in this research is to use a literature review approach, namely reviewing the literature related to this research. The purpose of this study is to reveal how Islam regulates relations with non-Muslims, both in the territory of Islam and with the region of non-Muslims, as exemplified by the Prophet Muhammad how he established links with the Quraish infidels through the Hudaybiyah agreement and with the other unbelievers such as the agreement contained in the Medina Charter. The results of this study revealed that since the time of the Prophet Muhammad, SAW had taught to have good relations with other nations, and it was passed on by the companions of the Prophet, even regarding today how each country should maintain good relations with other countries and of course it can be profitable for both countries.

DEFENSE DIPLOMACY IN RESOLVING THE PROBLEM OF INDONESIA’S TERRITORIAL BOUNDARIES WITH MALAYSIA IN TANJUNG DATU

<div><p class="Els-history-head">Based on the fact that as an archipelago, Indonesia shares borders with neighboring countries in Southeast Asia. With a large number of territorial borders of Indonesia and other countries, it has resulted in various cooperative relationships or various border problems between Indonesia and these neighboring countries. The purpose of this study was to determine the form of defense diplomacy and its analysis to include the Tanjung Datu Phase as the Indonesia-Malaysia Outstanding Boundary Problem (OBP). The writing method used is qualitative, wherein in this analysis, the writer does not make calculations. The findings of this study are the subject of Indonesia's defense diplomacy to include the Tanjung Datu Phase as OBP Indonesia-Malaysia, namely the national regional coordination committee (Pankorwilnas), Directorate of Topography of the Army, Ministry of Defense, Ministry of Home Affairs, and Outstanding Boundary Problem (OBP). Meanwhile, the object of Indonesia's defense diplomacy to include the Tanjung Datu Phase as OBP Indonesia-Malaysia is in the form of Indonesia's goal, namely as the implementation of national interests in achieving its territorial sovereignty, and this is included in the scope of the defense.</p></div>

CONCEPTS AND BASIS OF INTERNATIONAL RELATIONSHIPS IN THE PERSPECTIVE OF ISLAMIC GOVERNMENT

After Islam was spread by the Muslims throughout the universe, the contact of the Muslims with the a'jam nations had entered a new phase in international relations. Territorial boundaries that are displayed in plain sight do not make Muslims limit themselves in interactions between nations. The relationship that occurs between Muslims and other nations is inspired by the teachings of Islam itself which requires Muslims to always maintain peace between Muslims and internal and external Muslims. Islam has laid the foundation for peace in international relations with a basic stipulation that Muslims are not justified even if they interfere with the internal affairs of other nations

Accessing the Border: The Mobility Rights of Asylum Seekers with Precarious Status

The mobility rights of migrants have been presented as universal and non-discriminatory in United Nation declarations, protocols and conventions. These inherent rights are often placed in opposition to states’ sovereign right to control their borders. The international refugee regime has faced challenges to the defence and advocacy of human rights. The right to seek asylum has faced questions of security, and terrorism. Politicians have successfully re-framed asylum seekers as active ‘threats’ to the social, cultural and economic security of the state and campaign to enforce the protection of the state. By de-linking the border from the territorial boundaries of the state, Canadian officials have excluded, deterred and halted the movement of asylum seekers seeking refuge in Canada, adding to the surmountable geographic barriers the state holds to resettlement.

Accessing the Border: The Mobility Rights of Asylum Seekers with Precarious Status

The mobility rights of migrants have been presented as universal and non-discriminatory in United Nation declarations, protocols and conventions. These inherent rights are often placed in opposition to states’ sovereign right to control their borders. The international refugee regime has faced challenges to the defence and advocacy of human rights. The right to seek asylum has faced questions of security, and terrorism. Politicians have successfully re-framed asylum seekers as active ‘threats’ to the social, cultural and economic security of the state and campaign to enforce the protection of the state. By de-linking the border from the territorial boundaries of the state, Canadian officials have excluded, deterred and halted the movement of asylum seekers seeking refuge in Canada, adding to the surmountable geographic barriers the state holds to resettlement.

Шенфельдская волость: история возникновения и исчезновения меннонитских поселений

The author studies the history of the Shenfeld Mennonite volost foundation and destruction. The research tasks were as follows: to analyze the reasons of this volost establishing at the period of the colonist reform; to study development of the settlements at the second part of the 19th century, to find out how its inhabitants participated in the modernization processes; to follow the cultural and spiritual life of the colonies and Aleksandrovsky district as a whole; to highlight the problem of the Mennonite settlements destruction. The Shenfeld (Krasnopolskaya) volost was situated in the Aleksandrovsky district of the Ekaterinoslav province. It was founded in 1873. Its uniqueness lays in the fact that it did not have definite administrative-territorial boundaries, since the possessions were dispersed. The population was made up of the Mennonites from Molochansk and (partly) Khortytsa colonies. The families settled on farms, united into small villages. The process of the eastern part of Aleksandrovsky district settlement was a part of the German colonization in this area and in the province as a whole. However, the volost differed from the other ones because it only consisted of private farms. Its economy was organized on the purchased (not granted by the tsars) land. The author pays attention to Zilberfeld estate that is the least studied settlement of the volost. The fates of its owners have not been researched yet. The volost was famous for its prosperity and contributed greatly into this region economy development. The destruction of an entire volost during the Civil War, that was the result of the Makhnovist movement, is also one of the important parts of its tragic history. Key words: Mennonites, Shenfeld (Krasnopolskaya) volost, Alexandrovsky district, Ekaterinoslav province, Zilberfeld estate, Civil war, Yantsen family, Nestor Makhno.