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All Journal Padjadjaran Journal of International Law
R. Achmad Gusman Catur Siswandi
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Law, Crime, Criminology & Criminal Justice

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WIRETAPPING ON SUBMARINE COMMUNICATIONS CABLE: QUESTIONING ITS LEGALITY AMIDST LONG STANDING PRACTICE Hafidz L. Botua; Chloryne Trie Isana Dewi; R. Achmad Gusman Catur Siswandi
Padjadjaran Journal of International Law Vol. 6 No. 1 (2022): Padjadjaran Journal of International Law, Volume 6, Number 1, January 2022
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v6i1.772

Abstract

Up to 95% of the communication infrastructures are currently served by the submarine communications cable networks, which in their utilisation connect a wide variety of communications data. The increasingly advanced infrastructure is in fact unable to go hand in hand with legal transformation. At the present time, international law provides only partial protection in form of prevention against damage to the cable networks. Consequently, in the event that data transmissions across the cable networks are illegally exploited by foreign parties through "wiretapping" without inflicting any damage, as long as it is committed in the body of waters outside the state's sovereignty, the international law is unable to explicitly address this situation. The wiretapping has occurred in a couple of instances, however, the proper preventive measures are still in question. Fortunately, the most recent practice of international law in the field of human rights has provided some clarities through case law. Despite the fact that it has only been applied regionally, this endeavour is at the very least capable of supporting future proposed legal reforms. This article will further elaborate on the legality of wiretapping on submarine communications cable networks based on the relevant field of international law, which eventually revealed that such conduct is contrary to cyber law, international law of the sea and human rights law.
THE IMPLEMENTATION OF SOVEREIGN IMMUNITY OF WARSHIPS TO UNMANNED UNDERWATER VEHICLES (UUV) UNDER LAW OF THE SEA Naomi Catherine Felencia; R. Achmad Gusman Catur Siswandi; Imam Mulyana
Padjadjaran Journal of International Law Vol. 6 No. 1 (2022): Padjadjaran Journal of International Law, Volume 6, Number 1, January 2022
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v6i1.954

Abstract

Along with the times, there have been advances in marine technology which includes Unmanned Underwater Vehicles (UUV). Some countries have started using UUVs for both commercial and military marine activities since UUVs have several advantages that ordinary ships do not have. However, the development and application of UUVs for marine purposes raises numerous problems since there isn’t clear regulation regarding UUV. Current legal instruments only explain the meaning of ship without classifying the type of ship itself. It raises a problem since it led to different interpretations between countries and the determination of legal rules for UUV. One incident related to UUV technology can be seen from the Bowditch incident where from this incident there are differences in interpretation on the classification of UUV between America and Tiongkok. Other incidents can also be seen from the entry of foreign UUVs into Indonesia waters for research purposes. From several incidents, there are main issues to the classification of UUVs which are connected to warships and their military activities. The classification of UUVs as merchant ships or warships is necessary considering that the rights of immunity owned by warships will affect the legal status of UUVs and their activities. Regulations that are still ambiguous will affect the Coastal State’s actions if there are foreign UUVs entering their sea areas, especially if the UUVs are used for military activities. Therefore, it is necessary to have clear regulations regarding UUVs including their classification and determine marine activities that allowed for the use of UUVs.
Co-Authors Chloryne Trie Isana Dewi Hafidz L. Botua Imam Mulyana Naomi Catherine Felencia