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All Journal Indonesian Journal of International Law Indonesia Law Review (ILREV)
Nurbintoro, Gulardi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Biodiversity Beyond National Jurisdiction: Current Debate and Indonesia's Interest Nurbintoro, Gulardi; Nugroho, Haryo Budi
Indonesia Law Review Vol. 6, No. 3
Publisher : UI Scholars Hub

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Abstract

The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On the other hand, some States believe that Part VII UNCLOS applies which will allow individual States to exploit the resources in accordance with the principle of the freedom of the high seas. Since 2004, the UN General Assembly has established a Working Group to discuss the issue. Indonesia as a Party to UNCLOS which in general advocates the importance of the rule of law in the oceans has the interest that the discussion in the UN will allow developing countries, including Indonesia, to enjoy the result of the exploration and exploitation of non-mineral resources at the bottom of the ocean.
International Tribunals Approach Toward Maritime Boundaries Delimitation of an Archipelagic State Nurbintoro, Gulardi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime boundary delimitation cases involving an archipelagic State were presented before an adjudication tribunal, namely the 2006 Barbados/Trinidad and Tobago Arbitration and the 2023 Mauritius/Maldives Delimitation of the Maritime Boundary in the Indian Ocean. This paper aims to review and analyze, in spite of the limited jurisprudence, how tribunals interpret and apply the provisions of maritime boundary delimitation to an archipelagic State. Mindful of such limitations, this paper does not aim to provide a conclusive review of today’s state of archipelagic State concept. It views the limited jurisprudence as evidence that issues pertaining to maritime boundary delimitation of an archipelagic State are largely unexplored and require further sanctioning through State practices and through judicial decisions.
Co-Authors Nugroho, Haryo Budi