Indonesian Journal of International Law
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.
Articles
572 Documents
<![CDATA[AUTHOR'S RIGHT IS NOT ONLY COPYRIGHT ]]>
<![CDATA[Sardjono, Agus]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.]]>
<![CDATA[ENVIRONMENTAL PROTECTION AND STATE RESPONSIBILITY IN INTERNATIONAL HUMANITARIAN LAW ]]>
<![CDATA[Afriansyah, Arie]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering the basis of reparation for damaged environment which needing prompt action to be taken by the responsible State.]]>
<![CDATA[HUMAN RIGHTS ASPECTS ON CROSS BORDER REFUGEE PROBLEMS ]]>
<![CDATA[Romsan, Achmad]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Currently, refugee problems are a matter for the international society. In practice, their rights are objects for violations frequently. However, as an individual, refugee has the right for protection under national law and international law. In addition, a Refugee possesses the human rights which applied generally. This article discusses refugee problems from the perspective of human rights consisted within the international conventions and national legal rules.]]>
<![CDATA[Asset Recovery Principles in the United Nations Convention Against Corrution 2003 (UNCAC 2003) to Support Corruption Eradication in Indonesia ]]>
<![CDATA[Ginting, Jamin]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Indonesia considers the problem of corruption is one issue that cannot be handled domestically but also internationally. Based on this, international cooperation becomes essential in preventing and combating corruption, especially the attempt of corruptors to hide the corrupted assets through money laundering through an effective international transfers.There is not a small amount of public assets which had been corrupted that was stored in financial centers in developed countries that are protected both by the legal system as well as professionals hired by the corruptors. As such, the determination of International society to combat corruption is implemented through of United Nations Convention Against Corruption, 2003 (UNCAC in 2003) received by the UN General Assembly (UN SMU) on October 31, 2003 through the UN High Resolution A/58/4. This article will discuss about the position of Indonesia with regard to this matter.]]>
<![CDATA[Prospects of Reform of the WTO Dispute Settlement Mechanism ]]>
<![CDATA[El Khoury, Maya]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[In a context of economic globalization, the WTO emerged within the multilateral trading system as an international organization settling intergovernmental trade disputes. The WTO dispute settlement mechanism is rather an enhanced adaptation of its predecessor as it developed into an institutionalized and semi-judicialized system. the evaluation of the dispute settlement mechanism would contribute to a better understanding of the WTO as an international organization and its influence on the development of the international economic law. In general, three different movements occurred throughout the life of the dispute settlement mechanism, thus distinguishing its practice under the GATT and the WTO correspondingly: the emergence of a semi-judicial institution; the enhancement of the access to justice by developing countries; and the reinforcement of the implementation phase. With these three movements in sight, this article intends to investigate whether the WTO dispute settlement mechanism can still satisfy the needs of predictability and safety as defined by Article 3 of the DSU.]]>
<![CDATA[State Responsibility for Environmental Protection during International Armed Conflict ]]>
<![CDATA[Afriansyah, Arie]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[In the last ten decades, many international armed conflicts have occurred bringing not only human casualties but also deleterious environmental damages. It is widely acknowledged that the environment is frequently both being the victim and a tool of armed conflict. Some further argue that attacking the environment, as a means of waging war, is not a new concept. These arguments show that the environment eventually plays an important role during warfare. Given these facts, the international community doubts the effectiveness of humanitarian law to prevent environmental devastation during international armed conflict. It then considers the relevance in applying peacetime obligations to protect the environment in particular to common goods and areas beyond national jurisdiction to strengthen the rules on the law of war. As damage to the environment might be unavoidable, it can be argued that reparation as the form of State responsibility of the warring parties is worth to pursuit. It is based on the fact that belligerents have international obligations to protect the environment during armed conflict that come from not only wartime but also peacetime international law. It is submitted that violations to those rules will incur international state responsibility for all of the conflicting parties. This study tries to examine the implementation of the applicable laws during armed conflict in protecting the environment. It then analyses the implementation of state responsibility for any environmental damage after the end of the hostilities. This study will only focus on international armed conflict for its relevance to the concept of state responsibility. It will examine cases of World Wars I and II, Vietnam War, Persian Gulf War, and Lebanon-Israel War. They were chosen because they represent notable example of international armed conflicts in the last century with significant environmental calamities.]]>
<![CDATA[Towards the Rational Choice Theory in The Asian Approach to International Law ]]>
<![CDATA[Suleiman, M. Ajisatria]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The notion of “Asian approach to international law” refers to the international political relations of and among the Asian countries as well as the development of international law, and how the two dynamics interact between each others. A comprehensive analysis of the issues thus requires one single analytical tool that can encompass both issues at hand. Interestingly, at present research discussing the most appropriate methodology remains under-developed, as scholars mostly focus on particular case studies. The article offers the “rational choice theory” as the first stepping stone for further theoretical development and practical application. The rational choice theory, in essence an economic theory that deals with individual decision making, has been a valuable tools in assessing international relations from an institutionalism paradigm, and it has started to gain its importance in the field of economic analysis of international law. Therefore, I argue that the theory will provide an alternative insight of the “Asian approaches to international law” to the conventional theories of cultural differences (the west vs. the east) or political economy (developed countries vs. developing countries). I will first discuss the issues that conventional theories fail to address, and display how the rational choice theory can fill in the gap. For further practical implementation, I elaborate briefly several international law issues in the ASEAN context from the economics of rational choice perspective, namely on the principle of non-intervention and the institutionalization of human rights.]]>
<![CDATA[Should National Sharia Board be Restructured to Sustain the Development of Economic Sharia in Indonesia? ]]>
<![CDATA[Barlinti, Yeni Salma]]>;
<![CDATA[Dewi, Yetty Komalasari]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The economy of Islamic finance has an important role in improving a nation’s economy and has developed rapidly throughout the world including in Southeast Asia. This paper discusses the role of Board of fatwa (and the fatwa itself) within Indonesia governmental structure in order to enhance the economic activities of sharia. The involvement of sharia scholars are needed in the process of regulating economic policies since only few of Indonesian legislators have good understanding in the law of Islamic finance. At the moment, fatwa issued by sharia scholars in economic activities is not legally binding due to its organization structure in Indonesia governmental system. As a result, it creates legal uncertainty not only to business players but more importantly to the society at large on the issue of whether or not the fatwa is mandatory. Therefore restructuring the board of fatwa is a way to provide legal certainty in order to sustain the development of economic sharia in Indonesia as well as in Southeast Asia.]]>
<![CDATA[ASEAN Competitiveness, Is Indonesia Ready Yet? ]]>
<![CDATA[Djafar, Zainuddin]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[What does it mean by ASEAN competitiveness? And, is Indonesia ready for it? These are the questions that have become the main issues to be discussed in this article. Therefore, it is important to note some main key messages introduced by ACI in relation to ASEAN position within its competitiveness and its future prospect, and the dynamic of world economic, such as; ASEAN is facing profound changes in the global economic climate with the rise of China and India and weakened economic prospects in major advanced countries. Besides, this Southeast Asia Regional Organization is also entering a new phase in its cooperation as members move towards building an ASEAN Community by 2015. Thus it is important and urgent for Indonesia to have its priority, and to be ready for its micro and macro competitiveness, that are more advance than the ASEAN 3 (Singapore, Thailand, and Malaysia).]]>
<![CDATA[EXCLUSION CLAUSES” OF THE UNHCR STATUTE AND THE CONVENTION RELATING TO THE STATUS OF REFUGEES ]]>
<![CDATA[Soeprapto, Enny]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The Statute of the Office of the United Nations High Commissioner for Refugees (UNHCR Statute) not only defines the persone materiae of the competence of the United Nations High Commissioner for Refugees (High Commissioner) but also stipulates circumstances under which the competence of the High Commissioner shall cease or shall not apply to such persons. The Convention relating to the Status of Refugees (CSR) contains similar provisions. The provisions on the non-extension of the High Commissioner’s competence under the UNHCR Statute and the non-applicability of the CSR to certain categories of persons are commonly referred to as “exclusion clauses”. This article tries to make some modest observations on such “exclusion clauses” and their legal implications.]]>
