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Cik Marhayani
Lecturer at the Faculty of Law, Pertiba University
Law, Crime, Criminology & Criminal Justice

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Juridical Implications of State Boundary Setting onSovereignty in the Perspective of International Law Legina Legina; Cik Marhayani; Muhammad Aziz Zulkifli
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/tvs04p86

Abstract

The regulation of a country's territorial boundaries is one of the fundamental aspects of international law because it is closely related to the exercise of sovereignty, jurisdiction, and protection of the territorial integrity of a country. This study aims to analyze the regulation of state territorial boundaries from the perspective of international law and examine its juridical implications on the implementation of state sovereignty. The research uses normative legal research methods with a legislative approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of international conventions, laws and regulations, and international court decisions, as well as secondary legal materials in the form of books, scientific journals, and expert opinions. The results of the study show that the regulation of territorial boundaries through international legal instruments, especially the 1945 United Nations (UN) Charter and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), provide a legal basis for countries to exercise sovereignty and resolve territorial boundary disputes peacefully. However, in its implementation, there are still various obstacles, such as overlapping territorial claims, differences in interests between countries, and the implementation of international dispute settlement institutions' decisions has not been optimal. Therefore, it is necessary to strengthen international cooperation, compliance with international law, and resolve disputes through peaceful mechanisms to realize legal certainty and maintain state sovereignty.
INTERNATIONAL INVESTMENT ARBITRATION: INVESTOR PROTECTION MECHANISMS AND STATE SOVEREIGNTY Reyhan Novandra; Rahmianti Ranti Pawari; Cik Marhayani
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/9t5hdz30

Abstract

International investment arbitration is one of the fast-growing dispute resolution mechanisms as foreign investment flows in various countries increase. The presence of this mechanism aims to provide legal protection to foreign investors through independent, neutral, and binding dispute resolution. However, in practice, international investment arbitration not only provides legal certainty for investors, but also raises various legal issues related to the exercise of state sovereignty. Arbitral awards that require the state to pay large amounts of damages are often considered to limit the state's authority to set public policies, particularly in the areas of environment, health, taxation, and natural resource management. This study aims to analyze the investor protection mechanism in international investment arbitration and examine the relationship between investor protection and the principle of state sovereignty. The formulation of the problem in this study is how the investor protection mechanism in international investment arbitration and how to balance investor protection with state sovereignty in the perspective of international law. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach through the study of various international legal instruments, conventions, and international investment arbitration awards. The results of the study show that investor protection is an important part of creating a conducive investment climate, but its implementation must still pay attention to the state's right to regulate for the public interest. Therefore, a balance between investor protection and state sovereignty is needed to realize a fair, effective, and legal arbitration system for all parties.
Co-Authors Legina Legina Muhammad Aziz Zulkifli Rahmianti Ranti Pawari Reyhan Novandra