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All Journal Riwayat: Educational Journal of History and Humanities Jurnal Ragam Pengabdian
Soediono, Felix Abraham
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Humanities Education Environmental Science Social Sciences Other

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Can A Presidents Statement be A Treaty Violation? A Case Study on Trumps Statement on 2% Defence Spending Soediono, Felix Abraham
Riwayat: Educational Journal of History and Humanities Vol 8, No 4 (2025): October
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i4.50051

Abstract

Donald Trump, The President of the United States, stated that his country would not defend any NATO members that do not spend 2% of their Gross Domestic Product to defense spending. His statement has raised concerns about the credibility of the collective defense mechanism outlined in Article 5 of the North Atlantic Treaty, signed in 1949. This article examines whether Trumps statement as a head of state would constitute an internationally wrongful act under the articles on the responsibility of states for internationally wrongful acts. Using juridical normative method, it analyses treaty text, legal doctrine, and state practice. The study found that Article 5 of the NATO Treaty is flexible and allows each member to decide how to respond to an attack against other members. Thus, Trumps statement alone cannot be classified as a breach of international law unless it is accompanied by specific acts of refusal of support towards NATO Members.
Resolution MEPC.384 (81): Is It the Answer? Soediono, Felix Abraham
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/970y0j59

Abstract

The increasing number of containers lost at sea has become a growing concern in international maritime law due to its hazardous nature towards marine environmental and navigational activity. Prior to 2026, the international legal framework under the International Convention for the Prevention of Pollution from Ships (MARPOL) and the International Convention for the Safety of Life at Sea (SOLAS) did not comprehensively regulate the reporting of container loss incidents unless there is harmful substances involved or immediate navigational dangers. This article examines the legal significance of Resolution MEPC.384(81), which amended Protocol I of MARPOL and entered into force on 1 January 2026. Using normative legal research with statutory approaches, this article analyses relevant international conventions, IMO resolutions, MSC & MEPC Reports, and related legal literatures. The study finds that the amendment represents an important normative development by expanding mandatory reporting obligations to include all container losses regardless the cargo classification. The amendment also strengthens the relationship between MARPOL and SOLAS by treating container loss simultaneously as a marine environment threat and a navigational hazard. However, the study argues that the effectiveness of the amendment remains dependent on The Flag State implementation and enforcement due to the indirect nature of obligations imposed upon shipmasters through State jurisdiction mechanism under UNCLOS. Accordingly, while Resolution MEPC.384(81) successfully addresses a longstanding regulatory gap in international maritime law, challenges concerning uniform compliance and enforcement among States continue to limit its practical effectiveness
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