Padjadjaran Journal of International Law
Padjadjaran Journal of International Law (PJIL) is a peer-reviewed international law journal published by the Department International Law, Faculty of Law Universitas Padjadjaran. PJIL publishes its articles annually every January. The articles published by PJIL are scientific articles that explain a research result and analytical review in the field of international law.
Articles
109 Documents
<![CDATA[Artemis Base Camp and Exploitation of Outer Space: Problems and The Needs of Legal Framework ]]>
<![CDATA[Irawati Handayani]]>;
<![CDATA[Annisa Juliana]]>;
<![CDATA[Garry Gumelar]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 1 (2023): Padjadjaran Journal of International Law, Volume 7, Number 1, January 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i1.1335
<![CDATA[NASA introduced the Artemis Program in 2017, consisting of several missions, such as establishing a permanent outpost called Artemis Base Camp and exercising commercial and non-commercial exploitation on the Moon. For the program to be carried out properly, the United States established a series of bilateral agreements with other countries, namely the Artemis Accords. One of the functions of the Accords is as the supporting legal instrument for the implementation of the Artemis Program. However, its implementation raised several legal problems related to the legality of establishing Artemis Base Camp and violations of the basic principles of space law related to activities. This paper will specifically discuss the legal issues arising from using the Artemis Accords as one of the supporting legal bases for the two Artemis Program activities, according to space law. This article argues that Artemis Base Camp falls within the definition of a station explained in the Outer Space Treaty and the Moon Agreement. Then, the construction does not violate the principle of non-appropriation in Article II of the Outer Space Treaty because it does not fulfill the three main components of appropriation activities. Although establishing the Artemis Base Camp and exploiting lunar resources for non-commercial purposes is permitted, a basic legal framework still needs to be established to regulate permanent outposts and the exploitation of lunar resource activities. A specific legal framework is needed to avoid multiple interpretations leading to legal uncertainty.]]>
<![CDATA[The Armed Conflict in Ukraine: Use of Force, Prosecution, and Complicity ]]>
<![CDATA[Mizalfia Nursabrina]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 6 No. 2 (2022): Padjadjaran Journal of International Law, Volume 6, Number 2, Juni 2022 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v6i2.1309
<![CDATA[In the early hours of Thursday, 24 February 2022, President Vladimir Putin addressed the Russian people and declared to the world that Russia has decided to commence a “special military operation” against Ukraine. Shortly afterwards, the Russian military entered Ukrainian territory from many parts of the country. The conflict has resulted in heavy casualties, especially within the Ukrainians. The international community has condemned the invasion, stating that it violates Ukraine’s territorial integrity and sovereignty, and it’s contrary to the principles embodied in the Charter of the United Nations (UN Charter). The North Atlantic Council has also identified the attack as “a grave violation of international law, including the UN Charter. In the wake of protests sounded by the international community, Russia has continued to oppose such arguments. As a preliminary analysis, it is evident that Russia’s actions against Ukraine consist of elements of force. Rather than denying the allegations, Russia has justified its use of force by referring to principles of international law. This paper examines a brief background of the Russo-Ukrainian conflict, Russia’s and Ukraine’s justifications in the war, the possible prosecution of high-ranking Russian officials in potential fora’s, and also Belarus’ involvement in the conflict. While this paper finds that Russia’s justifications for their invasion are unlawful and invokes their responsibility, there are obstacles in prosecuting the crimes. It also considers that Belarus is responsible for their involvement.]]>
<![CDATA[Interaction Between the Protection of the Rights of Indigenous Peoples and Foreign Investment: Regulation in Indonesia ]]>
<![CDATA[Kinanti, Fatma Muthia]]>;
<![CDATA[Wiko, Garuda]]>;
<![CDATA[Nurbani, Erlies Septiana]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i2.1351
<![CDATA[Abstract Indigenous peoples in Indonesia are still marginalized since most of them are still poor and oppressed due to inequality in their sources of life. On the other hand, it is not uncommon for foreign investment activities to harm the surrounding environment including indigenous peoples. This article discusses the interaction between indigenous people’s rights and foreign investment regulations in Indonesia and what the Government of Indonesia must do to balance the need to improve the national economy and protect indigenous peoples. To answer these, the articles explained and mapped the international and national regulations relating to indigenous people and foreign investment. The data then analyzed to show how the Indonesian Government may improve the protection of indigenous peoples' rights in relation to foreign investment activities in Indonesia. It is found that Indonesia has already ratify International Convention that provide the protection of Indigenous people including relating to foreign investment (economic) activities. To ensure its implementation several steps must be taken i.e.: adopting an international investment agreement (IIA), bilateral investment treaty (BIT) and investment contract that provide assurance for the protection of indigenous people, ensuring the promulgation of Indigenous Peoples’ Rights Bill and Amend the Investment Law and Establish Implementing Regulations related to the Job Creation Law which enforce the concept of indigenous community protection in relation foreign investment activities. Abstrak Masyarakat adat di Indonesia masih terpinggirkan karena sebagian besar masih miskin dan tertindas akibat ketimpangan sumber penghidupan. Di sisi lain, tidak jarang kegiatan penanaman modal asing merusak lingkungan sekitar termasuk masyarakat adat. Artikel ini membahas interaksi antara hak-hak masyarakat adat dan peraturan penanaman modal asing di Indonesia dan apa yang harus dilakukan Pemerintah Indonesia untuk menyeimbangkan kebutuhan untuk meningkatkan ekonomi nasional dan melindungi masyarakat adat. Untuk menjawabnya, pasal-pasal tersebut menjelaskan dan memetakan peraturan internasional dan nasional yang berkaitan dengan masyarakat adat dan penanaman modal asing. Data tersebut kemudian dianalisis untuk menunjukkan bagaimana Pemerintah Indonesia dapat meningkatkan perlindungan hak-hak masyarakat adat terkait dengan kegiatan investasi asing di Indonesia. Ditemukan bahwa Indonesia telah meratifikasi Konvensi Internasional yang memberikan perlindungan terhadap masyarakat adat termasuk yang berkaitan dengan kegiatan investasi (ekonomi) asing. Untuk memastikan implementasinya beberapa langkah harus diambil yaitu: mengadopsi perjanjian investasi internasional (IIA), perjanjian investasi bilateral (BIT) dan kontrak investasi yang memberikan jaminan perlindungan masyarakat adat, memastikan pengesahan RUU Hak Masyarakat Adat dan Perubahan UU Penanaman Modal dan Menetapkan Peraturan Pelaksana terkait UU Cipta Kerja yang memberlakukan konsep perlindungan masyarakat adat dalam kaitannya dengan kegiatan penanaman modal asing.]]>
<![CDATA[Framing The Responsibility of Public-Private Partnerships (PPPs) on Space Technology in International Law ]]>
<![CDATA[Puspita, Natalia Yeti]]>;
<![CDATA[Boydston, Natasha Gusti Wahyu Puspitasari]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i2.1352
<![CDATA[Public-Private Partnerships (PPPs) have gained popularity as a way to use resources and expertise from the private sector to support governmental space activities. In the event of a space-related incident, the division of duties and liabilities between public and private partners may be complicated. Clarifying the division of duties and liabilities between public and private actors is necessary given the rising participation of private companies in space activities.. With the growing involvement of private entities in space activities, there is a need to clarify the allocation of responsibilities and liabilities between public and private actors. Who is held responsible when a private company causes a technological disaster strike? On what basis can the responsibility be made, understood from international law? The research is normative legal research, where the data is collected through a statutory and case approach. The study results show that Public-private partnerships (PPPs) in outer space activities raise complex questions regarding responsibility. Responsibility refers to the Liability Convention on the Outer Space Treaty. The treaty emphasizes that states bear international responsibility for their national activities in outer space, including those conducted by private entities under their jurisdiction. However, the treaty does not explicitly address the specific responsibilities of private actors. Private companies only bear indirect international responsibility. PPPs need to consider the notion of shared responsibility, which acknowledges the contributions of both public and private actors and emphasizes cooperation and transparency]]>
<![CDATA[Behind the Veil of Blue Ecolabelling: Dismantling the Juxtaposition of International Regulations on Sustainable Oceans ]]>
<![CDATA[Woods, Jonathan]]>;
<![CDATA[Meliala, Aurora Jillena]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i2.1364
<![CDATA[Ecolabelling was introduced as an alternative consumer-facing mechanism in the market to combat certain threats against the environment and to promote sustainable usage of its components. More importantly in the case of Indonesia as a maritime country, fishery ecolabels can be used to build sustainability to its marine environment which can be vital for its economy in the future. To this end, this article constructs an exposition of ecolabels from a legal perspective in the international and local contexts that is still absent in Indonesia’s legal research. This study employs normative legal research methodology in its data collecting and analysis. The article in its analysis will argue that while the international standards provided for blue ecolabels are robust, its genuine implementation can only be realized in the domestic scene, where local aspects can be considered. This research in the end finds that an ecolabelling of fisheries in Indonesia is urgently needed, concludes that ecolabelling in fisheries can help the state in realizing its international commitments, and recommends its urgent creation in the national scene.]]>
<![CDATA[How Could Deportation become Illegal Deportation? (The Case of Deportation of Myanmar Nationals by Malaysia) ]]>
<![CDATA[Susanto, Fransiska A.]]>;
<![CDATA[Majid, Yasniar Rachmawati]]>;
<![CDATA[Ikaningtyas]]>;
<![CDATA[Nursasmita, M. Akbar]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i2.1370
<![CDATA[February 2022; Malaysia deported more than 1000 undocumented migrants from Myanmar back to Myanmar, even though a coup d’état had already occurred in Myanmar. This paper will explore the nexus between coup d’état and well-founded fear of persecution and assess the decision by Malaysia to deport Myanmar immigrants back to Myanmar with the nonrefoulement principle. This paper's findings showed a clear nexus between a coup d’état and well-founded fear of persecution to some extent; the nexus appears when the Coup creates uncertainty in citizen's live and people in a dangerous situation. Consequently, the deportation decision by Malaysia violated the non-refoulment principle, and the deportation became illegal. This paper utilized the normative method to analyze the research problem.]]>
<![CDATA[Dilemma of Competitive Equality: Transgender vs Cisgender Athletes in Women's International Sports Competition ]]>
<![CDATA[Raden, Maulana Damarjati]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i2.1379
<![CDATA[This research aims to solve the human rights issue of the participation of transgender female athletes in international sports competitions in the women's division. The existence of transgender female athletes yields two perspectives: inclusivity as a human right for transgender female athletes and unfair competition for cisgender female athletes. This issue occurs due to the physiological advantages possessed by a transgender female athlete from the high level of testosterone they have, which creates unfairness in sports competition for cisgender female athletes, and the policies of international sports organizations that exclude the participation of transgender female athletes who have experienced puberty to take part in international sports competitions. Several controversial cases have sparked debate in the international community, such as the Tiffany Newel case in the running competition and the Lia Thomas case in the swimming competition; both are female transgender athletes who won sports competitions in the women's division. Although a transgender individual already has inherent human rights regulated through international law, these rights could not be a basis that overrides the rights and freedoms of other people. In this case, the right to equal and safe competition for cisgender women. The solution to this problem is to develop an 'open category' which aims to ensure the participation of all world athletes in sports competitions regardless of gender or gender identity.]]>
<![CDATA[The Use of Private Contracted Armed Security Personnel (PCASP) As an Anti-Piracy Measure and Solution ]]>
<![CDATA[Afriansyah, Arie]]>;
<![CDATA[Hartoyo, Yoga Muhammad Adhiwiratama]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i2.1406
<![CDATA[The sea route is one of the best options chosen by national and international traders because of lower cost when we compare it to using air freight and the increasing use of merchant ships for international trade, makes people take advantages such as sea piracy and armed robbery and a solution to protect from these things commercial vessels use the services of the Private Contracted Armed Security Personnel (PCASP) and the Private Maritime Security Company (PMSC). The absence of international regulations regarding the use of these services raises pros and cons between coastal states and with special policies in particular regarding the territorial sea of a coastal state. Thus, there is a big question that the use of PCASP and PMSC is in accordance with international law with existing regulations and how Indonesia as a coastal state sees the use of such services as a solution to avoid piracy. The formation of soft laws and agreements is a way out at this time in order to maintain maritime security from the dangers of sea piracy and armed robberies.]]>
<![CDATA[South China Sea Dispute: What Alternative Solutions Can be Offered to the International Community? ]]>
<![CDATA[Darajati, Muhammad Rafi]]>;
<![CDATA[Sudagung, Adityo Darmawan]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v7i2.1486
<![CDATA[As the busiest shipping route with a high value of resources under the sea, the South China Sea dispute is one of the unresolved problems in recent world affairs. Claimant states keep on defending their claim over the territory. Several critical factors of the disputed areas, such as the international trade perspective, natural resources aspects, and the security value, did affect the behaviour of such states. A lot of alternatives and means have been done to solve the case until the decision of PCA on the Philippine claim over China’s nine-dash line. Non-compliance response of China did raise another tension on the issue and complicated the resolution. We offered more alternatives to the international community to act, which combined peace-oriented bilateral and multilateral diplomacy and cooperation to force all claimants to agree on their maritime boundary, seeking mediation from states that can be trustworthy, international sanctions might be an option - but with a highly calculated decision, and stressing the compliance with legal action to gain trust from other parties. to support the diplomacy that takes place in the process.]]>
<![CDATA[Testing The Suitability of The Indonesian and Vietnamese Baselines under UNCLOS ]]>
<![CDATA[Widodo, Muhamad]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v8i1.1199
<![CDATA[The method for drawing baselines for the determination of maritime areas has been regulated in UNCLOS through three legal baselines, namely Normal Baselines, Straight Baselines, and Archipelagic Baselines. Respectively these approaches have been modified to suit the typical geographic features of a coastal state. However, the determination of baselines by several states is inconsistent with applicable regulations and has the potential to cause disputes with neighboring states. Indonesia has established straight baselines based on archipelago theory, on the other hand, Vietnam has established straight baselines. This article tries to identify the suitability of determining the baseline from Indonesia and Vietnam based on UNCLOS provisions and concludes that there was a violation of Article 7 of UNCLOS by Vietnam.]]>
