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INDONESIA
Indonesian Journal of International Law
Published by Universitas Indonesia
ISSN : 16935594     EISSN : 23565527     DOI : https://doi.org/10.17304
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of international law in Indonesia and in the region. We welcome scholars and practitioners to contribute to IJIL in shaping the rule-based international community. IJIL offers current academic debates on the development of the field from the viewpoints of/or about Indonesia and other parts of Asia and the developing world at large. Each issue of IJIL accepts manuscripts on conceptual, theoretical, and practical topics published on a thematic basis. IJIL invites writers to their views that would strengthen the role and effectiveness of international law in an exploratory and non-descriptive style.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
 1 
Search results for , issue "Vol. 19, No. 3" : 4 Documents clear
Where Kindness Is Calculated: Refugee Regimes in South Asia Sarker, Shuvro Prosun; Bhattacharya, Shreyasi
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

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Abstract

South Asia, as part of SAARC treaty, comprising of nations such as Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka is not a part of any common system of governance in protecting refugee. These nations have developed their own preference of protection through their practices coupled with mysterious unwillingness to accept international obligations and responsibilities while choosing certain refugee groups to welcome and certain to refuse. Based on this, the article starts with the proposition that this kind of a preferential protection practice that these States have adopted largely, refers to a regime of calculated kindness that labelled refugee status and protection to ambiguity. The article investigates how the major refugee groups have been received in these countries and tries to unearth if there exists a common pattern in the State practices that can characterise a South Asian approach to refugee protection. The article results in establishing the proposition that the ‘kindness’ is calculated based on an ad-hoc measures of refugee protection based around religion, language and culture. Proceeding from this proposition, the article emphasises the need for a uniform refugee protection regime common or unique to all countries in South Asia for regulating refugee movements across South Asia.
Traditional Knowledge and TWAIL Deshpande, Gunjan
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

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Abstract

Traditional Knowledge (TK) is a deep-rooted notion in the Indian culture, it is the knowledge that has been passed on for centuries and is governed by the traditional customary laws. It applies to everything from food storage, agriculture to medicine to the preservation of the environment. TK are protected by national or regional laws that provide limited protection. There have been various instances where Indian TK was patented outside India some of the examples are Turmeric, Amla, and Neem. TK is the base of modern science and technology, as it is derived from a strong cultural heritage that is vital for any country but it lacks the footing in urban jungles and that directs results in absence or lack of due credit. Today protection of TK on a global scale is being demanded by Third World countries. This paper will unfold various aspects of legal and economic dimensions for the protection of TK. The paper will analyze the paradox that TK is more likely to be relevant to the global south if the regions don’t find innovative ways of commercializing these products. Failure to do this will convert TK from an asset to a liability of the global south. The key reason for the need for international protection is that the rights allocated to the inventions are based on TK and Genetic resources. The author will explore the aspects of place-based IP-intensive goods in global consumer markets. The author will emphasize the idea that TK is the heritage of various cultures and they need to be respected and protected throughout the world and issues regarding access and use can be resolved through mutually agreed terms.
Geostationary Orbit Slot Reconceptualization In Accommodating the South Putro, Yaries Mahardika; Nugraha, Ridha Aditya; Nugraha, Taufik Rachmat
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

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Abstract

Geostationary Orbit (GSO) located above the equator is deemed as limited resources with strategic position for satellites in outer space. As today, the majority who possess GSO slots are non-equatorial states, in this context developed countries. The distribution of orbital slots in the GSO has been discussed among scholars from the developing states for decades. In the past, the developing states ever formed the “Bogota Declaration” aimed to ensure the developing states possess special rights over the GSO slot. The declaration arose from the distribution of the GSO slot by unequal treatment and dissatisfaction to the International Telecommunication Union (ITU) in global governance context. Concurrently the distribution of the GSO slot is based on a first-come-first-serve basis, recalling satellite technology development in the developing states is crawling; in contrast with developed states in which their satellite technologies are snowballing. This fact commonly disadvantages the developing states in many ways, they have an enormous risk of potential satellite re-entry as an accident for the developing states, equatorial states, and they have limited access to put their satellite above their skies. This article strives to provide recommendation that GSO slot distribution should lead to an unorthodox approach, namely to ensure developing countries have equal rights to GSO. The findings of this study argue that the current international space law regime is excessively “western-centric” and fails in accommodating developing countries’ interests. The special and differential treatment principle could serve as a basis for granting special rights to developing countries to utilize the GSO.
Is the United Nations a Locus of International Order Imperiality Maintenance? Reflections from the South West Africa Case and Chagos Archipelago Advisory Opinion Squeff, Tatiana Cardoso; Carrijo, Augusto; Borges, Murilo
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

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Abstract

The international legal order, seen through third world lenses, is not only embedded with Europe’s colonial past, but also a regime that assimilates the non-European being, its relations and knowledge. Consequently, the possibility of changing such framework is almost an impossible task, being it constantly rejected by hegemonic powers, that is, by a limited number of nations that have been placed in the center of the world order in the turn of modernity and that have not left. Some may argue, yet, that the United Nations presented the international legal order with a different path, breaking with such an imperial system due to the sovereign equality among nations it pledges. And this is exactly what we aim at verifying with this article. We contend that the United Nations presupposes the maintenance of the status quo between hegemonic and subaltern states to perform its activities, basing this assertion in the analysis of the South West Africa decision, delivered by the International Court of Justice – an organ of the U.N. in the 1960s. Nevertheless, taking into consideration the Court’s recent activities on the Chagos Archipelago Opinion of 2019, we note that it tried to break with such a past in a timid manner, particularly by reaffirming both self- determination and the relevance of the U.N. General Assembly. Despite this, we come to the conclusion that it was not enough, being the Organization still a locus of reproduction of imperiality in the international order.

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