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All Journal Journal of Law and Policy Transformation Lampung Journal of International Law (LaJIL)
Becánics, Adrienn
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Binding Force of International Agreements: Perspectives of International Law and National Law Pitaloka, Diva; Putri, Yunita Maya; Becánics, Adrienn; Ernawati, Ninin
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10566

Abstract

International treaties are one of the main sources of international law that have binding power for the parties that agree to them. In the context of relations between countries, international treaties are an important instrument in regulating various common interests, ranging from trade issues, the environment, to human rights. This article examines the binding power of an international treaty from two perspectives: international law and national law. From an international law perspective, a treaty becomes binding after being ratified by the parties according to the principle of pacta sunt servanda stipulated in the 1969 Vienna Convention on the Law of Treaties. Meanwhile, from a national law perspective, the recognition and application of international treaties depend on the domestic legal system of each country, whether it adheres to the principle of monism or dualism. This study also highlights the challenges of implementing international treaties in Indonesia, including the ratification mechanism and the role of legislative institutions. Through a normative approach and case studies, this article aims to provide a comprehensive understanding of the dynamics of the binding power of international treaties within the framework of global and national law.
Climate Change Refugees in Indonesia: Human Rights Protection amid Legal Vacuums and UNHCR Single Submission Octaviani, Rury; Syahrin, M. Alvi; Becanics, Adrienn; Rahmah, Shafiyah
Lampung Journal of International Law Vol. 7 No. 2 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i2.4736

Abstract

Climate change has become a major driver of cross-border displacement, creating the phenomenon of climate refugees. Although the 1951 Refugee Convention does not explicitly recognize this category, the reality of climate-induced displacement demands legal and policy responses from states, including Indonesia. As a transit country, Indonesia lacks a national legal framework specifically addressing the status and protection of climate refugees, and in practice, protection relies on the United Nations High Commissioner for Refugees through the single submission scheme, the only system for refugee identification and registration in the country. This reliance exposes a regulatory vacuum and legal vulnerabilities related to state sovereignty. This paper examines Indonesia’s response, highlighting the importance of updating national regulations and strengthening coordination with UNHCR to provide inclusive, human rights-based protection for climate refugees.
Co-Authors M. Alvi Syahrin, M. Alvi Ninin Ernawati Pitaloka, Diva Putri, Yunita Maya Rahmah, Shafiyah Rury Octaviani