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All Journal Balobe Law Journal
Kosho, Philippa Philomena
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Law, Crime, Criminology & Criminal Justice

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Journal : Balobe Law Journal

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Interpretasi Hakim dalam Menyelesaikan Sengketa Pelanggaran Myanmar terhadap Konvensi Genosida Nisa’, Aulya; Nirwana, Nirwana; Kosho, Philippa Philomena
Balobe Law Journal Volume 4 Issue 2, October 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i2.2388

Abstract

Introductioan: A case of international dispute between Gambia and Myanmar where both countries have ratified the Convention on The Prevention of The Crime of Genocide.Purposes of the Research:  The purpose of the research is to identify the legal standing of the parties, analyze the judges’ interpretation of the dispute, and propose potential approaches to resolve this case.Methods of the Research: This research uses a qualitative approach to understand the issue under study, with legal analysis methods to evaluate legal aspects and case studies of Gambia vs. Myanmar.Results of the Research: Legal standing is important. With recognition as a legal subject and participation in international agreements. Then it can claim rights and demand obligations based on international law. In this paper, there are three relevant approaches that judges can use in resolving such dispute, namely geographical, political and humanitarian approaches. When the three are combined, it will enrich the legal analysis and possibly find the best solution for all international communities.
Application of Legal Provisions and Liability for Maritime Autonomous Surface Ships (MASS) in International Law Rantung, Esterlita Nova Yaser; Kosho, Philippa Philomena
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.3151

Abstract

Introduction: Technological developments in the maritime sector have led to innovations such as unmanned surface vessels (Maritime Autonomous Surface Ships/MASS). The emergence of MASS brings efficiency, safety, and new innovations to the world of shipping, but it also poses legal challenges, particularly regarding the application of international regulations that have traditionally governed manned vessels.Purposes of the Research: This study aims to analyze the application of legal provisions and identify liability mechanisms for MASS under international law, as well as compare practices across several countries.Methods of the Research: The methodology employed is normative legal research using a legislative, comparative legal, and conceptual approach, utilizing primary legal sources such as international conventions (UNCLOS, SOLAS, and IMO regulations) and relevant literature.Results of the Research: The results of the study indicate that most international legal instruments have not yet fully accommodated the characteristics and regulatory needs of autonomous ships, particularly in terms of the definition of legal subjects, the role of the captain, and accountability mechanisms in the event of an incident. This is because most of these international legal provisions are still based on the assumption that ships are controlled by humans. Some countries, such as the United Kingdom, Norway, and the United States, have begun to formulate specific regulations to govern MASS that can fill this gap. Therefore, accountability is needed, which indicates the need for updating and harmonizing international rules to address the challenges arising from technological developments in the maritime sector. Additionally, it is important to develop national implementation guidelines aligned with the principles of international maritime law to ensure maritime safety, marine environmental protection, and legal certainty.
Legal Challenges in Marine Governance in the North Natuna Marine Dispute Area Kosho, Philippa Philomena; Rantung, Esterlita Nova Yaser
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3171

Abstract

Introduction: The North Natuna Sea is rich in natural resources but remains a disputed area due to China’s nine-dash line claim, which overlaps with Indonesia’s EEZ under UNCLOS 1982.Purposes of the Research: The purpose of this study is to analyze Indonesia’s legal position and dispute resolution strategies in the North Natuna Sea.Methods of the Research: This research uses a normative juridical method by analyzing international legal instruments and national regulations related to EEZ and the law of the sea.Results of the Research: The findings show that Indonesia has a strong legal standing over its EEZ in the North Natuna Sea based on UNCLOS 1982. However, enforcement faces challenges such as unilateral claims, illegal foreign vessel activities, limited surveillance capacity, and weak dispute resolution mechanisms. A comprehensive strategy combining legal action, diplomacy, and strengthened economic presence is needed to uphold sovereignty and sustainably manage marine resources.
Co-Authors Nirwana, Nirwana Nisa’, Aulya Rantung, Esterlita Nova Yaser