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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 572 Documents
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HISTORIC FISHING RIGHTS AND THE EXCLUSIVE ECONOMIC ZONE Bernard, Leonardo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The exclusive economic zone (EEZ) regime under Part V of the LOS Convention grants coastal States the exclusive right to fisheries within 200 nautical miles (M) of their coasts. However, the EEZ seems to recognise the exclusive fishing rights of coastal States at the expense of historic fishing rights. Yet, is this an accurate reading of applicable law? Despite the fact that historic fishing rights are not expressly recognised in the LOS Convention, many States still claim these rights in areas beyond their EEZ. China, for example, has consistently made claims that it has historic rights over the fisheries resources within the nine-dashed line in the South China Sea. This article seeks to explore this issue, by analysing the relationship between the EEZ regime and historic fishing rights, and identifying the circumstances where historic fishing rights can exist alongside the EEZ regime. The article will also distinguish between historic waters and historic fishing rights; as well as discuss the practice of States and precedents of international courts and tribunals in relation to historic fishing rights.
THE ROOT CAUSE OF TRAFFICKING IN PERSONS FOR THE PROTECTION STRATEGY IN THE ROHINGYA CRISIS Yuwastina, Dewi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The statelessness of the Rohingya exacerbates the risk of trafficking in persons. Such risk gets bigger for the Rohingya to face during the coronavirus pandemic as safety restrictions and control are emboldened for health concerns. This paper is not to argue for the Rohingya to be or not to be nationally considered. It is due to that being nationally considered does not necessarily guarantee any persons free from trafficking in persons. Instead, this paper is to identify the root cause in order to construct the protection strategy. Thus, the international human rights are theoretically expressed in naturalistic views which are distinguished from positive rights that are inherently applied in Myanmar to bring out the identity conflict that has been the source of crisis between the minority and the majority. Also, a normative perspective of the research in this paper is expected of how international law should function, especially among the ASEAN member states. The ASEAN Convention Against Trafficking in Persons, Especially Women and Children are incorporated as legal instruments throughout the identification of the root cause and the construction of the protection strategy for the Rohingya to investigate the trafficking in persons in the Rohingya crisis. It shows that statelessness and trafficking in persons are inseparable under the migration in the form of irregular movement. Furthermore, it is found that the root cause of trafficking in persons in the Rohingya crisis is the inefficiency of legal systems, because the provision cannot quite defend them.
INTERNATIONAL TRADE and INVESTMENT AGREEMENTS: OPPORTUNITIES AND CHALLENGES FOR NONCOMMUNICABLE DISEASES Mitchell, Andrew D.; Sheargold, Elizabeth E.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Four behavioural risk factors for noncommunicable diseases (NCDs) are tobacco use, physical inactivity, harmful use of alcohol, and unhealthy diet. In general, the liberalisation of trade increases the availability and lowers the cost of goods, which may create concerns with respect to harmful products such as tobacco and alcohol. Governments can address NCD risk factors through a range of regulatory responses, but as these regulations may lower or restrict trade in the relevant goods, they must be designed in accordance with international trade agreements. In this article, we argue that although poorly-designed regulatory responses to NCD risk factors may be inconsistent with international trade agreements, they include sufficient flexibility to accommodate evidence-backed measures that are well-adapted to their public health purposes. Specifically, in shaping regulatory responses to NCD risk factors, governments should bear in mind international trade rules, which include obligations not to discriminate against imported like products, and not to restrict trade, intellectual property rights or foreign investment more than necessary for public health purposes.
International Law Review in the Assassination of General Qasem Soleimani Yulianti, Dina; Sidik, Hasan; Mu'min, Mu'min
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International law is formed by the global community to establish legal rules, norms, and standards of behavior between sovereign nations to create a peaceful world order. However, since the world order is anarchy with no supreme executive authority, obedience and disobedience to international law often depends on the state’s power. For instance, the assassination of General Qasem Soleimani, a prominent Iranian general, by the US military in Iraqi territory sparked a debate about international law. This article shows that the US action violated International Humanitarian Law (IHL) and International Human Rights Law (IHRL). Additionally, it violated the UN Convention for the Suppression of Terrorist Bombings and Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. These arguments are based on the unproven claims of self-defense and imminent attack and violation of necessity and proportionality. Furthermore, the US committed limited state terrorism based on its behavior characteristics in this case.
Intellectual Property Rights and Public Policy on the Role of Plain Packaging and Health Care in India Vishwakarma, Anil Kumar; Angerhofer, Maria Devi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Although tobacco is a multi-billion-dollar industry globally, its consumers are prone to various non-communicable diseases, such as cancer, heart attack, etc. Therefore, to prevent this, many states have taken initiatives to discourage the consumption of this harmful product. Many international organizations like World Health Organization (WHO) have supported these preventive measures through The WHO Framework Convention on Tobacco Control (WHO FCTC). The main objective of this convention is to encourage the concept of packaging all brands of tobacco products in a uniform standard, which is known as the Plain packaging process. This was the first initiative adopted by Australia. This research aims to determine the intellectual property rights and public policy on the role of plain packaging and health care in India as a developing country and the best strategy to tackle these issues. The authors have also made efforts to have a comparative study of New Zealand, Australia, Bangladesh, etc for better understanding.
Critical Examination of the Intellectual Property Regimes in the Gulf-Co-operation Council (GCC) States Naim, Nadia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development of intellectual property in the Gulf states; a pre Trade Related Aspects of Intellectual Property Rights (TRIPS) stage, the current level of TRIPS compliance and a push towards TRIPS Plus. To date, each individual Gulf state has developed its intellectual property laws at varying rates. Post 2000, the Gulf states all display a set of intellectual property laws that are largely compliant with TRIPS. Therefore a question arises as to how much scope there is in the current laws to accede to more stringent intellectual property provisions. The research will show this is a key question for the GCC, its international partners and the wider trading communities of the WTO. The findings of the research are that the GCC does not have the capacity to take on TRIPS Plus provisions without compromising its sharia laws and value and that instead an integrated intellectual property protection model is needed.
Autonomous Space Objects and International Space Law: Navigating the Liability Gap Bratu, Ioana; Lodder, Arno R.; van der Linden, Tina
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The introduction of advanced new technologies is transforming the space industry. Artificial intelligence is offering unprecedented possibilities for space-related activities because it enables space objects to gain autonomy. The increasing autonomy level of space objects does not come without legal implications. The lack of human control challenges existing liability frameworks. This paper reviews the provisions of the Outer Space Treaty and the Liability Convention as the main legal documents introducing the legal grounds for attributing liability in case of damages caused by autonomous space objects. Looking at the limitations of these legal frameworks in what concerns the attribution of liability, this paper identifies the conditions that could cause a liability gap. The amendment of the Liability Convention, the concept of “international responsibility” introduced by Article VI of the Outer Space Treaty and several international law principles are analysed as potential solutions for preventing the liability gap and mitigating the risks posed by autonomous space objects.
TRADITIONAL KNOWLEDGE – THE CHANGING SCENARIO IN INDIA Jose, Ajoy; Manchikanti, Padmavati
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

India is a party to the CBD, which came into force on 29 December 1993. It has three main objectives, namely the conservation of biological diversity, the sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of genetic resources. CBD envisages that the benefits accruing from commercial use of TK have to be shared with the people responsible for creating, refining and using this knowledge. Art 8(j) of the CBD provides for respecting, protecting and rewarding the Knowledge, Innovations and Practices (KIP) of local communities. Realizing the need to ensure that the holders of TK, which is not still in the public domain should be able to get the benefits arising from the use of such knowledge, an enabling provision has been made for protecting the TK in the Biodiversity Act, 2002. Indian Patents (Amendment) Act, 2005 also deals indirectly with the protection of TK. The main objective of protection would be to obtain recognition and some compensation for the commercial use of TK outside the community or the society, which generated it, either by excluding the unauthorised use by third parties or by ensuring a right to remuneration (or benefit sharing) for such use.
THE PROTECTION OF THREE-DIMENSIONAL WORKS AS A MEANS OF PROMOTING INNOVATION: A COMPARATIVE BASIS OF NAMIBIA AND BURKINA FASO Sonda, Habraham; Shifotoka, Frieda
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

For years intellectual property (IP) has been an area that has been neglected in its protection and promotion in comparison to other types of the property despite its uniqueness. There is more neglect in industrial designs, specifically from innovators from developing countries, because of the lack of assistance to innovators or government prioritizing areas concerned with the public interest. IP does not only benefit its creators. However, it has contributed to the economies of many countries. Hence the need to have effective legal systems that recognize IP and have remedies and enforcement mechanisms. When there are mechanisms in place for protection, it gives innovators more confidence and helps them develop new technology. Both Namibia and Burkina Faso are members of the World Intellectual Property Organization and the World Trade Organization. They are obliged to apply the minimum in the Trade-Related Aspects of Intellectual Property Rights agreement and related WIPO treaties. A comparative study was made on three-dimensional work to identify the strengths and shortcomings of the applicable national laws. The findings show that laws in Burkina Faso are clear and specifically provide for the protection of three-dimensional in terms of all IPRs, while Namibian laws, apart from copyright law, do not expressly provide for three-dimensional. However, the provisions are broad enough to protect three-dimensional. It is recommended that the legislature revises current laws to be clear and adequate for protecting three-dimensional.
THE PROTECTION OF TRADITIONAL KNOWLEDGE UNDER INDONESIAN PATENT LAW: BETWEEN OPPORTUNITIES AND CHALLENGES Yulia, Yulia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The protection of traditional knowledge through patents is still an interesting issue on an international level. Indonesia revised Patent Law in 2016 (Law Number 13 of 2016 concerning Patent or Indonesian Patent Law). This Law has confirmed that patent is an exclusive right that the country gives for the inventor to the invention in technology, for a certain amount of time, to implement itself or give other parties to implement it. The patent can be submitted if required terms of the patent application, there are novelty, inventive steps, and industrially applicable. That provision cannot be fulfilled by traditional knowledge, where traditional knowledge is the knowledge passed down from generation to generation. This study is a doctrinal study that will analyze Article 26 of the Indonesian Patent Law. The study found that Indonesia has required the mention of sources of origin in traditional knowledge under Indonesian Patent Law. This article provides opportunities for the protection of traditional knowledge. It is also a challenge for communities to obtain protection and benefit-sharing from traditional knowledge that the original source has stated when filing a patent.

Page 33 of 58 | Total Record : 572

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