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[Aegean Sea Issue Urgency on Maritime Jurisdiction and Territorial water extension between Turkey and Greece ]]>
<![CDATA[Tobias Binsar]]>
<![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.v6i2.993
<![CDATA[The Aegean sea issue is a long case that first occurred in 1950, the main issue of this case revolves on the geographical condition that has led Turkey and Greece on fighting over supremacy to take control of the Aegean sea area. The issue of both Turkey and Greece has earlier been submitted to the ICJ however, its lack of jurisdiction causes the issue itself to remain unresolved. In 2020 Greece has stated that they are looking forward to extending their territorial waters, the statement itself might become a big issue for Turkey and has further proved the urgency of actual maritime jurisdiction and real resolution towards the Aegean sea issue. The goal of this research is to clarify and find a resolution that can be used under the situation of the Aegean sea issue in both international legal theory and practice. Apart from giving clarification of possible and available Legal instruments and theories, this research will also elaborate even further on why Territorial water extension by Greece would call for an urgency, especially for Turkey. This research revealed that UNCLOS as an International law instrument still have some issues in practice of a unique circumstances issue like the Aegean Sea, and shows that in its practice both Turkey and Greece must have a good will intention to fully resolve the issue of Aegean sea to draw an end line to the long lasting issue of maritime jurisdiction over its territorial sea.]]>
<![CDATA[TERRORISM AS CORE INTERNATIONAL CRIMES : THE CASE OF FOREIGN TERRORIST FIGHTER (FTF) OF ISLAMIC STATE OF IRAQ AND SYRIA (ISIS) ]]>
<![CDATA[Angela Jessica Desmonda]]>;
<![CDATA[Diajeng Wulan Christianti]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 6 No. 1 (2022): Padjadjaran Journal of International Law, Volume 6, Number 1, January 2022 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/pjil.v6i1.996
<![CDATA[Since it had established a caliphate in 2014, Islamic State of Iraq and Syria (ISIS) continued to threaten the international peace and security by attacking and killing civilians. ISIS foreign terrorist fighters (FTFs) are ISIS members who have combat functions. Altough it is a serious crime, terrorism has not yet been recognized as a stand-alone core international crimes according to customary international law. The fact that ISIS is referred to as a terrorist groups, not a state-entity, has also raised a question of whether ISIS FTFs can only be prosecuted for committing terrorism related offences. This paper argues that terrorism acts by ISIS FTFs can fit the element of the existing core international crimes such as crimes against humanity, war crimes and genocide To this end, this paper elaborates the most common offences committed by ISIS FTFs and analyses element of each of core international crimes. This paper concludes that ISIS FTFs should be held liable for those core international crimes and prosecuted before national and international criminal court accordingly.]]>
<![CDATA[A “Ticking Bomb” Named FSO Safer: Environmental Impact and State Responsibility under the View of International Law of the Sea ]]>
<![CDATA[Gregory Joshua Manogar]]>
<![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.v6i2.997
<![CDATA[Oil spill is known as one of many common environmental disasters. Many oil spill disasters have cost countries and companies around the world huge amount of losses, and most importantly severe environmental damage which is not recoverable. Currently, one of Yemeni ships named FSO Safer is trapped and stranded around 5 miles from the outer coast of Yemen. The ship is carrying around 1 million barrels of crude oil in its storage, unfortunately the ship is currently in a poor condition and unstable, which may cause the largest super tanker oil spill disaster in the history, even worse than the Exxon Valdez disaster. Countries around the world including UN Members are looking for an immediate alternative to mitigate the disaster, as the Yemeni Government is currently in an armed conflict with the Houthi and have a very limited resource. This paper will analyze, which country will be affected by this imminent peril, who shall be responsible for the disaster and whether an exceptional circumstance that surrounds Yemen Government may discharge them for their responsibility as a state. This paper found that, this imminent disaster, will affect most of the countries located in the area of Red Sea, and the responsibility to deal with this imminent disaster are attached to all the affected countries under the UNCLOS 1982, including Yemen without any exception. An international movement initiated by the UN and Yemen Government itself must act immediately to prevent the disaster.]]>
<![CDATA[Implementing the Interpretation of Article 121 Paragraph (3) of the UNCLOS Conducted by The Permanent Court of Arbitration towards Sekatung Island as a Maritime Feature in Indonesia-Vietnam’s Maritime Delimitation Negotiation ]]>
<![CDATA[Btariany Anindita]]>
<![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.v6i2.998
<![CDATA[Indonesia’s government is conducting a maritime delimitation negotiation with Vietnam since 2021 discussing the delimitation of the EEZ. According to a method of delimitation, determining the status of a maritime feature is one of many vital points to be discussed during a delimitation negotiation. Sekatung Island, a small island belongs to Indonesia, which located between Indonesia and Vietnam has a vital part to determine the width of Indonesia’s EEZ. Article 121 paragraph (3) of the UNCLOS is the main legal basis to determine the legal status of Sekatung Island. Aforementioned Article has been interpreted by the Permanent Court of Arbitration in the South China Sea Arbitral Award. In summary, the PCA declared maritime features must have the natural capacity to sustain human habitation and economic life of their own, based on historic evidences, in order to determine such features as fully entitled island with up to 200 nautical miles of EEZ and continental shelf. The purpose of this article is to give a point of view for Indonesia’s government regarding the deficiency of such interpretation by the PCA which may leads to disadvantaging Indonesia’s position during delimitation negotiation, if in any case the government would implement such interpretation to determine the legal status of Sekatung Island. Keywords: South China Sea Arbitral Award, Rocks, UNCLOS, maritime delimitation]]>
<![CDATA[The Reversed Implementation of the ICC’s Principle of Complementarity: Case Study of Argentina Investigation for Rohingyas ]]>
<![CDATA[Christyanti, B. Lora]]>;
<![CDATA[Diajeng Wulan Christianti]]>;
<![CDATA[Chloryne Trie Isana Dewi]]>
<![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.v7i1.965
<![CDATA[Complementarity is the basic principle of the ICC’s jurisdiction. As a fundamental principle, it harmonizes the relationship between ICC and National Courts. The Rome Statute clearly states that the ICC is complementary to national courts. However, in the case of Rohingya, the Argentine Lower Court applied this principle in reverse by rejecting the investigation, requested by the Burmese Rohingya Organization UK under universal jurisdiction, for the case of Rohingya since the ICC had already investigated a similar case. This paper seeks to answer whether the ICC’s complementarity principle can be applied in reverse, as decided by the Argentine Lower Court, according to international law. A juridical normative research method will be used to address these issues. In addition, the recognized principles of interpretation in international law will be used to enrich the meaning of the ICC’s complementarity. Based on the analysis, it is obvious that, according to international law, the complementarity cannot be applied in reverse, even by states parties to the Rome Statute. According to the Rome Statute's provisions, every State is required to exercise criminal jurisdiction over persons responsible for international crimes. For this reason, this paper strengthens the arguments for the Argentine Appeal Court to overturn the Lower Court’s decision and reopen the investigation into the case.]]>
<![CDATA[Reconstructing Economic Self-Determination from the Third World Approach to International Law ]]>
<![CDATA[M. Yakub Aiyub Kadir]]>
<![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.v7i1.1103
<![CDATA[International Law governing the relationship between states has been considered failed in reformatting the principle of economic self-determination (ESD) as a continual link of political self-determination in the post decolonisation era. Such situation has placed the principle to be a vague concept in terms of its meaning and application in current international law. Such situation has contributed to continual economic dependency of the Third World (TW) states on the first world as considered the more developed states. TW states face difficulty to develop their argument to demonstrate people national interest in current international economic context. Having utilised doctrinal and TWAIL approach, this paper argues that there has been a potential meaning of ESD which can be developed from fragmentation of documents in international law, particularly in the United Nations General Assembly Resolutions (UNGA resolutions), the Law of State Succession and the International Human Rights law. This meaning then shapes the fragmented sources to be a principle for TW to be used in their international economic relation, particularly in settling economic dispute relations with Western states.]]>
<![CDATA[The Development of Financial Obligation Assistance in Inter-State Relations Regarding Environmental Protection: a Review of The Paris Agreement 2015 ]]>
<![CDATA[Azka Zuhaida]]>;
<![CDATA[Asry M. Alkazahfa]]>
<![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.v7i1.1123
<![CDATA[Abstract The increasing global environmental issues affect how countries view international environmental policy. This insists countries carry out joint international responsibility on environmental law issues which later developed as Common but Differentiated Responsibility and Respective Capabilities principle (Principle of CDR-RC). The implementation of the principle should be seen as the aspect of financial assistance from developed countries to developing countries in the Paris Agreement 2015. This research aims to determine the development of the relation-interaction of the financial assistance between developed countries and developing countries in the context of international environmental law, especially regarding climate change issues as well as the obligation and financial mechanism in the Paris Agreement 2015. The result shows a development of universal responsibility into a shared international responsibility in overcoming climate change issues. Several different principles in each international instrument affect relation-interaction and financial assistance. Furthermore, the financial assistance is regulated in detail in Article 9 of the Paris Agreement 2015 with financial mechanisms referred to the United Nations Framework Convention on Climate Change (UNFCCC). Keywords: financial assistance, developed and developing countries, Paris Agreement 2015]]>
<![CDATA[Indonesia Sustainability Reporting Standard: What Needs to be Improved? ]]>
<![CDATA[Iman Prihandono]]>;
<![CDATA[Dewi S. Yuniarti]]>
<![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.v7i1.1159
<![CDATA[Responsible economic growth is an integral part of the goal of sustainable development. This transition to sustainable development needs to be based on a change in the mindset of business actors that business activities will be better and more sustainable if they pay attention to social, environmental and governance aspects (ESG). Recent data shows that there is a predicted increase of ESG investment by the end of 2021 by 73%, with a global fund asset being expected to reach $18 trillion in 2021. In line with this understanding, Financial Services Authority (OJK) have previously released the Sustainable Finance Roadmap Phase I (2015 - 2019) which aims to increase the understanding and capacity of business actors to move towards a sustainable economy. One significant output of the Roadmap is the issuance of OJK Regulation No. 51/POJK.03/2017 on the Implementation of Sustainable Finance, which stipulates the obligation for Financial Service Institutions, Issuers, and Public Companies to submit sustainability report. To accelerate the transition to a sustainable economy, OJK has recently issued the Sustainable Finance Roadmap Phase II (2021-2025), which focuses on ESG-based business development. This paper seeks to examine the comparison between the sustainability reporting obligation under the OJK Roadmaps with global ESG instruments, including United Nations Principles for Responsible Investment (UNPRI), Global Reporting Initiative (GRI), and the European Union Directive on Non-Financial Reporting, and to analyse whether OJK Roadmap II has accommodated the interest of global investors in light of ESG Investment, particularly reliable ESG reporting obligation by companies listed in the Indonesia Stock Exchange. It will conclude with a comprehensive evaluation of aspects needed to be improved by the existing Roadmap II to increase ESG investment in Indonesia.]]>
<![CDATA[Fisheries Conservation and Marine Protected Area Establishment in Indonesia ]]>
<![CDATA[Davina Oktivana]]>
<![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.v7i1.1202
<![CDATA[Marine protected areas (MPAs) aim to protect marine ecosystems or habitats within ecologically meaningful boundaries. MPAs are based on the combination of the conservation of marine living resources and the protection of marine habitats or ecosystems. The objective of MPA is to balance diverse societal objectives by taking into account the knowledge and uncertainties about biotic, abiotic, and human components of ecosystems and their interactions and applying an integrated approach to fisheries within eco-relevant boundaries in an integrated manner. The traditional approach provided in 1982 LOCS (zonal management approach and species-based approach) needs to be revised to be implemented under the MPA concept to achieve MPA objectives. In comparison, the ecosystem-based and precautionary approaches are ideally suited to be applied with MPA conception. The most prominent feature of the precautionary approach is scientific evidence, which is essential for establishing a protected area. This paper is a review of Indonesia's implementation to achieve sustainable fisheries, particularly the environmental aspect. Particular attention must be given to the fact that there is no correlation between Indonesian MPAs and IFMAs. The RPJMN focuses on capture fish that take into account the MSY value and eliminate the constraints by strengthening management and institutionalization of IFMAs, optimizing fishery productivity, and harmonizing marine spatial planning, particularly in the coastal areas and small islands. This paper also discusses the impact of Indonesian maritime zones on the environment and marine areas. The results of the report show that Indonesian marine zones are vulnerable to IUUF, especially in the Natuna Sea, and the enforcement of the Indonesian laws and regulations focused on the IUFF could be better, but it can also be used to protect the violation in conservation areas. MMAF Regulation 22/2021 can be considered as one aspect required in EAFM to provide scientific evidence (TAC and MSY level) that enables sustainable development in fisheries.]]>
<![CDATA[The Role of Paris Agreement in the Application of the Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) Principle ]]>
<![CDATA[Puti Ayla Zafira Adriansyah]]>;
<![CDATA[R. A. Gusman Catur Siswandi]]>;
<![CDATA[Imam Mulyana]]>
<![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.v7i1.1324
<![CDATA[The Paris Agreement is one of the climate change agreements that formed on the basis of voluntarycontributions and uses the principle of Common but Differentiated Responsibilities and RespectiveCapabilities (CBDR-RC) as the ground norm of its implementation. The principle allows state parties todetermine their own targets and efforts to reduce emissions on a national and global level. However, theprinciple poses a challenge to the Agreement because it could lead to non-compliance by the stateparties and reduce their ambition to achieve net-zero emission targets. In addition, the question arises asto how international law can encourage compliance with the CBDR-RC principle and what efforts aremade to achieve an effective implementation. This article provides an understanding of the role ofinternational law in accommodating the dynamics of the CBDR-RC principle in the context of climatechange. It also discusses the role of international law in the compliance process and its relation tocompliance mechanisms as an effort to encourage the implementation of CBDR-RC principle. The resultindicates that international law through the principle can encourage state parties to comply by filling thegap in the Agreement which is the soft rules. Therefore, a good compliance committee and rules thatconsist of an easy way for state parties to comply are needed to achieve an effective implementation ofthe principles.]]>
