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All Journal Media Iuris Jurnal Hukum Lex Generalis
Andi Tenri Oddang
Universitas Gadjah Mada
Law, Crime, Criminology & Criminal Justice

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Rescission of the Comprehensive Military Agreement (CMA): A Violation of International Law by South Korea? M. Fabian Akbar; Muhammad Fathi; Javier Maramba Pandin; Andi Tenri Oddang; Muhammad Mierza Pratama
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76593

Abstract

This article examines the legal implications of South Korea’s suspension of the 2018 Comprehensive Military Agreement with North Korea against the background of renewed tensions on the Korean Peninsula. The study aims to determine whether this unilateral suspension is compatible with international law and what it reveals about the broader limits of lawful unilateral action in treaty relations. Using normative legal research based on doctrinal analysis, this evaluation assesses the agreement, the Vienna Convention on the Law of Treaties, relevant state practice, and official statements from both governments. The study reveals that the legality of the suspension hinges on whether North Korea’s conduct constitutes a material violation, whether there has been a fundamental change of circumstances, and how strictly national security and necessity can be invoked to justify suspending treaty obligations. The article concludes that the Korean case clarifies the boundaries between lawful countermeasures and internationally wrongful acts, and it offers normative guidance for designing and interpreting security agreements in regions marked by persistent military rivalry.
Armed Robbery at Sea di Selat Malaka: Keterbatasan Yurisdiksi Universal dan Kebutuhan Kerja Sama Regional dalam Hukum Laut Internasional Andi Tenri Oddang
Jurnal Hukum Lex Generalis Vol 7 No 1 (2026): Tema Hukum Internasional
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i1.3873

Abstract

The increase in shipping intensity in the Straits of Malacca and Singapore/SOMS is directly proportional to the increasing threat of armed robbery at sea which reached 108 incidents in 2025, the highest in the period 2007-2025. This study analyzes the distinction of piracy and armed robbery at sea in international maritime law and the limitations of the application of universal jurisdiction based on UNCLOS 1982. Using the normative juridical method, the results show that the UNCLOS regime, IMO Resolution A.1025(26) which is soft law and the 1988 SUA Convention are not adequate to deal with this crime, because most of them are opportunistic and fall within the jurisdiction of coastal states. Therefore, it is necessary to strengthen regional cooperation which includes the accession of ReCAAP by the three coastal states and the strengthening of coordinated hot pursuit mechanisms, joint patrols and the integration of real-time information sharing trilaterally between coastal states as a concrete implementation of the principle of aut dedere aut judicare.
Co-Authors Javier Maramba Pandin M. Fabian Akbar Muhammad Fathi Muhammad Mierza Pratama