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Uti Possidetis: Journal of International Law
Published by Universitas Jambi
ISSN : 27218031     EISSN : 27218333     DOI : https://doi.org/10.36565/up
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Uti Possidetis: Journal of International Law is a peer-reviewed journal published by the Faculty of Law Universitas Jambi. It aims primarily to compile innovative research in the studies of International Law, facilitates professional discussion of the current developmnetas on international legal issues and is intended to build the interest of Indonesian scholars and decision makers on the important roles of International Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 96 Documents
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Kehendak Negara dalam Perjanjian Internasional Hetharie, Brandon Tanner; Wattimena, Josina Agusthina Yvonne; Daties, Dyah Ridhul Airin
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.47155

Abstract

Background: International cooperation through treaties establishes legally binding obligations for states that have expressed their consent to be bound under international law. In practice, however, the exercise of state will as an expression of sovereignty often comes into tension with these binding legal norms. In this context, what is often perceived as a disregard for treaty compliance does not indicate the absence of binding legal force, but rather reflects juridical tensions between treaty obligations and the exercise of state will.This study examines how state will operates within the framework of treaty compliance and influences the binding legal force of international treaties. Methodology: This research uses a normative juridical method with statutory, case-based, and conceptual approaches. Data were collected from primary, secondary, and tertiary legal materials through literature review and analyzed qualitatively and descriptively. Objectives: The study aims to analyze the binding legal force of international treaties and to examine the juridical tensions that arise when state will conflicts with treaty compliance and implementation. Findings: The binding force of international treaties constitutes a complex legal construction that cannot be fully understood through a purely legalistic approach. A multidimensional analysis incorporating juridical, philosophical, sociological, and theoretical perspectives demonstrates that state compliance with international treaties is shaped not only by legal obligation, but also by domestic political dynamics and strategic national interests. In practice, these factors generate an asymmetry of state will in treaty compliance, whereby disparities in political power and legal capacity allow stronger states greater flexibility than developing states.Originality/Novelty: By situating state will within the juridical framework of treaty compliance, this study offers a contemporary legal analysis of how binding treaty obligations interact with political realities in modern international law.
Learning from the Armed Conflict Between India and Pakistan: Is Nuclear Weapons Necessary? Siraj, Adnan; Khan, Shah Rukh; Jabbi, Yusupha
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.48601

Abstract

Background: The nuclearization of South Asia poses a long-term threat to the regional and global security. The long-standing rivalry between India and Pakistan is dangerously compounded by their opposing nuclear doctrines, and hence an analysis of their strategic stability is an imperative. Methodology: This study uses the methodology of comparative analysis and analysis of the nuclear postures of India and Pakistan in the context of modern deterrence theory and international law. The analysis rests on empirical evidence from past crises up to the time of the 2025 escalation to gain real world credibility of the doctrines. Objectives:The purpose of this paper is to dissect India's 'No First Use' policy vis-a-vis Pakistan's 'Full-Spectrum Deterrence' and first use ambiguity. It aims to examine how these contrary doctrines contribute to escalation and whether they comply with international legal norms. Findings: The analysis illuminates a critical "stability-instability paradox," in which nuclear weapons prevent total war but lower the threshold for limited conflict. Inconsistencies such as India's massive retaliation vow against Pakistan's tactical nuclear weapons add dangerous pressures to escalation. This asymmetry and poor communication with crisis lead to a very volatile security environment. Originality/Novelty: The novelty of the paper is the integration of the deterrence theory with international law and its application to contemporary empirical data such as the 2025 crisis. It contends that current nuclear postures, far from being stabilizing, have opened new avenues to war, calling conventional wisdom on deterrence into question.
The Limitations of the Principle of State Responsibility in the Global Climate Change Regime Fajrin, Fera Wulandari; Larasati, Kandi Kirana; Tombi, Johan Tri Noval Hendrian; Luthfan, Gusti Fadhil Fithrian
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.48698

Abstract

Background: The global climate crisis, driven by increasing carbon emissions, has emerged as one of the most pressing challenges in international law. Despite significant milestones such as the Kyoto Protocol and the Paris Agreement, enforcement remains weak due to their reliance on soft law mechanisms. This issue deserves scholarly attention because it raises fundamental questions about state responsibility and the effectiveness of international environmental law in addressing climate change. Methodology: This research employs a doctrinal legal approach combined with a conceptual analysis. This method was selected to critically examine the normative gaps within the texts of international agreements, specifically how "soft law" language undermines enforcement. The study relies on primary legal sources, including the text of the UNFCCC, the Kyoto Protocol, the Paris Agreement, and relevant international jurisprudence such as the ICJ Advisory Opinions. Secondary data is drawn from legal literature, journal articles, and reports on global compliance. The analysis proceeds by interpreting these instruments to determine whether existing frameworks are sufficient to uphold the principle of state responsibility.Objectives: The study aims to evaluate whether existing international legal frameworks adequately enforce the principle of state responsibility in carbon emission reduction. It seeks to identify the limitations of soft law mechanisms, assess their impact on state compliance, and explore potential avenues for strengthening accountability in the global climate regime. Findings: The research reveals that current international agreements lack binding enforcement mechanisms, enabling states to disregard commitments or withdraw without significant legal consequences. While mechanisms such as “naming and shaming” have emerged as alternatives, they primarily exert reputational pressure and remain insufficient to ensure compliance. This gap undermines the principle of state responsibility in practice. Originality/Novelty: The study highlights the urgency of transitioning from soft law to hard enforcement in climate governance. It proposes the establishment of independent enforcement authorities, binding obligations, and strengthened judicial roles, offering innovative insights into how international law can more effectively uphold state responsibility in combating climate change.
The Limits of Nuclear Non-Proliferation: Legal Oversight, Safeguards, and Compliance under the 1968 NPT Ramlan, Ramlan; Suhermi, Suhermi; Sasmiar, Sasmiar; Mardhatillah, Mardhatillah
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.50532

Abstract

Background: The 1968 Non-Proliferation Treaty (NPT) is the cornerstone of the global nuclear non-proliferation regime, aiming to regulate the peaceful use of nuclear energy, prevent the spread of nuclear weapons, and promote gradual nuclear disarmament. Its principles seek to reduce nuclear threats and create a safer international security environment while preventing future remilitarization. Purpose: This study aims to assess the effectiveness of the NPT in enforcing compliance and preventing proliferation, as well as to identify the main challenges that hinder its successful implementation. Methodology: The research employs a normative legal approach by reviewing NPT provisions, IAEA official reports and instruments, and case studies involving states suspected of developing clandestine nuclear programs. Findings: The International Atomic Energy Agency (IAEA) serves as the primary verification body for NPT compliance through its safeguards system. However, enforcement remains challenging, particularly when states conceal nuclear activities. Limited inspection access exemplified by Iran’s decision not to ratify the Additional Protocol, makes it difficult for inspectors to verify undeclared nuclear materials and activities. Furthermore, several structural weaknesses reduce the NPT’s overall effectiveness, including reliance on the political will of the international community, imbalances between nuclear-weapon states (NWS) and non-nuclear-weapon states (NNWS), insufficient penalties for violations, and the Escape Clause that allows withdrawal from the treaty. Originality/Value: This research provides a critical evaluation of the NPT safeguard and verification mechanisms, highlighting practical implementation obstacles and their implications for the future of the global non-proliferation regime.
Civilians or Combatants? The Legal Status of Journalist in the Cambodia-Thailand Armed Conflict Under International Humanitarian Law Vinata, Ria Tri
Uti Possidetis: Journal of International Law Vol 7 No 1 (2026): Februari (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i1.51866

Abstract

Background: Journalists covering armed conflict zones have a strategic role to play in ensuring the public's right to information and promoting accountability for violations of international law. The armed conflict between Cambodia and Thailand in the border area around Preah Vihear Temple shows that territorial disputes between developing countries can be a high-risk situation for journalists' safety. Methodology This research uses a normative legal research method with a statutory and conceptual approach. It analyses international legal instruments such as the 1949 Geneva Conventions, 1977 Additional Protocol I, international human rights instruments, and International Court of Justice judgements related to the Cambodia-Thailand dispute. In addition, the study also analyses reports from international organisations to assess the practice and implementation of journalist protection. Objective: The research aims to analyse the legal protection of journalists in interstate armed conflicts, assess the responsibilities of the Cambodian and Thai governments towards the protection of journalists, and analyse the role of ASEAN in the context of journalist protection in Southeast Asia. The findings: show that while international humanitarian law provides clear normative protection for journalists as civilians, its implementation at the national and regional levels remains weak. State responsibility is often hampered by military operational practices, while ASEAN's protection mechanisms remain normative and non-binding. Originality: This research offers an integrated analysis of international humanitarian law, state responsibility, and ASEAN regional governance in the context of interstate armed conflict in Southeast Asia, which has rarely been analysed to date
Climate Change: Could State Sovereignty Over Maritime Boundaries Also Change? Ardianto, Budi; Helmi, Helmi; Putra, Akbar Kurnia; Munawir, Munawir; Hardyanthi, Try
Uti Possidetis: Journal of International Law Vol 7 No 1 (2026): Februari (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i1.52731

Abstract

Background: Climate change has presented a serious challenge to traditional concepts of state sovereignty in international law, particularly in the context of establishing baseline as the basis for measuring maritime boundaries. Sea level rise that causes the sinking of small islands and the shift of coastline has the potential to change the delimitation of a country's maritime area, thereby creating uncertainty over the scope of maritime sovereignty. However, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) does not explicitly regulate the mechanism for adjusting the baseline due to such permanent geographical changes. Based on these conditions. Methodology: This study uses normative juridical methods with a legislative, conceptual, and analytical approach to the practice and development of international law. Objective: This study aims to analyze whether and how state sovereignty over marine areas can be maintained when the geographical basis of determining the baseline changes due to climate change. Findings: The results of the analysis show that the application  of the concept of fixed baseline or historical baseline can be a relevant legal instrument to maintain stability, legal certainty, and sustainability of maritime sovereignty of archipelagic countries. Originality: The uniqueness of this research lies in the effort to reconstruct the concept of state sovereignty in international law of the sea through a non-ambulatory approach to the baseline as a normative response to climate change, by placing the interests of archipelagic countries such as Indonesia as the focus of the analysis.

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