Muhammad Yogi Nofran
Universitas Bengkulu

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Peranan Duta Besar Keliling Berdasarkan Konvensi New York 1969 Tentang Misi Khusus Muhammad Yogi Nofran; M. Azzah Rozanda
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Contemporary diplomacy faces complex challenges that demand flexibility in the implementation of international relations. As part of a special mission, a traveling ambassador plays a strategic role in bridging the interests of the sending state and the receiving state for specific and temporal purposes. The 1969 New York Convention on Special Missions provides a comprehensive legal framework governing the position, functions, rights, obligations, and immunities and privileges of a traveling ambassador. This study analyzes the role of a traveling ambassador, focusing on the provisions of the 1969 New York Convention and its implementation in the diplomatic practices of countries. Using normative legal research methods with a legislative and conceptual approach, this study finds that the 1969 New York Convention provides a clear yet flexible legal basis for the operationalization of a traveling ambassador. The legal status of a traveling ambassador is systematically regulated from appointment and accreditation to the end of the mission. The main functions include representation, negotiation, information gathering, and reporting with specific territorial and time limits. The rights and obligations of a traveling ambassador are formulated in a balanced manner, providing operational facilities while requiring respect for the laws of the receiving state. The immunities and privileges granted are equivalent to those of permanent diplomats, but with a limited duration, consistent with the term of the special mission. The implementation of the convention's provisions has demonstrated its effectiveness in supporting bilateral and multilateral diplomacy, despite challenges related to coordination with permanent diplomatic missions and the limited availability of global ratification.
Kekuatan Perjanjian Internasional Terhadap Negara Yang Telah Meratifikasi: Analisis Kasus Sengketa Laut Cina Selatan Muhammad Yogi Nofran; M. Azzah Rozanda; Firdhan Azhim Akbar
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study analyzes the binding force of international treaties on ratifying states, focusing on the People's Republic of China's (PRC) rejection of the 2016 Permanent Court of Arbitration (PCA) Award in the South China Sea dispute. Despite ratifying the United Nations Convention on the Law of the Sea (UNCLOS) 1982, China rejected the arbitral award won by the Philippines. This normative legal research employs statutory, case, and conceptual approaches with prescriptive-analytical analysis. The findings indicate that ratified international treaties possess binding force based on the principles of pacta sunt servanda and good faith as stipulated in the Vienna Convention 1969. China's rejection of the PCA award constitutes a violation of Article 296 UNCLOS, which mandates compliance with dispute settlement decisions. Legal implications of this rejection include breach of international obligations, undermining the credibility of the international legal system, and setting negative precedents for other states. However, limitations in international law enforcement mechanisms remain a primary challenge in ensuring state compliance with treaty obligations.