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Belli Ac Pacis (jurnal hukum internasional)
Published by Universitas Sebelas Maret
ISSN : 24605247     EISSN : 27210596     DOI : https://doi.org/10.20961/belli.v7i2
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Modern international law in the last few decades has experienced very rapid development, this is characterized by the emerge of the State in a modern sense, as well as a legal system that regulates relations between countries and international legal entities with each other. Relations between countries are no longer limited by absolute sovereignty, for example in the case of war crimes, the international community could sue countries or even individuals to be responsible for these actions based on universal principles. Recently, State practices is shifting from the hard law legal system to soft law which can be an alternative solution in breaking the deadlock when international political compromises are difficult to realize. Various international law development shows that there is a need for the international community to form a legal system that is acceptable to all parties, especially the State as a subject of international law par excellence. Therefore, the Belli ac Pacis Journal presents the multifarious developments in contemporary international law as a study of current State practices. The Belli ac Pacis Journal encompasses Public International Law, International Law of the Sea, International Humanitarian Law, International Environmental Law, International Criminal Law, International Organizational Law, International Dispute Settlement Law, Diplomatic Law, Air and Space Law, International Trade Organization Law, ASEAN Law, and International Economic Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 6, No 1 (2020): June 2020" : 5 Documents clear
PERANAN ASEAN COORDINATING CENTRE FOR HUMANITARIAN ASSISTANCE ON DISASTER MANAGEMENT (AHA CENTRE) DALAM PENANGGULANGAN BENCANA ALAM DI ASIA TENGGARA MELALUI ASEAN AGREEMENT DISASTER MANAGEMENT AND EMERGENCY RESPONSE 2005 (AADMER Sonya Basamida Marbun
BELLI AC PACIS Vol 6, No 1 (2020): June 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v6i1.59965

Abstract

This article aims to identify and analyze the role of the AHA Centre and the effectiveness of the AHA Centre in overcoming natural disasters in the Southeast Asia region based on AADMER 2005. This article uses prescriptive method with primary and secondary legal resources which are collected through library study method and analyzed by deduction method. Based on the study, the author concludes that the AHA Centre has important roles in Southeast Asia as it is the only body that has functions to overcome natural disasters since there is no comprehensive international law about natural disasters management in universal. The author also concludes that the AHA Centre is effective by analyzing with the international organization effectiveness theory by Fiermann and Bauer.
ANALISIS OTORISASI PENGGUNAAN KEKUATAN BERSENJATA OLEH EUNAVFOR MED DI LAUT MEDITERANIA TERKAIT PENYELUNDUPAN IMIGRAN BERDASARKAN UNSCR 2240, UNCLOS 1982, DAN SMUGGLING PROTOCOL 2000 Natalia A Rizki Asti
BELLI AC PACIS Vol 6, No 1 (2020): June 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v6i1.59966

Abstract

This research aims to examine the use of forceauthorization of EUNAVFOR MED in Mediterranean Sea regarding the migrant smuggling according to UNSCR 2240, UNCLOS 1982, and Smuggling Protocol 2000. This study is a normative legal research. The type of approach used is the legislative approach and the conceptual approach. The legal material of this study includes primary and secondary legal materials using library research techniques. The analysis technique uses syllogistic methods through deductive thinking patterns. The results of the study indicate that EUNAVFOR MED’s operation is a lawful use of force and migrant smuggling is a threat towards international peace and security which requires authorization to use armed force by UNSCR 2240. EUNAVFOR MED will retain the right to carry out their operations based on those three legal bases
PENERAPAN PRINSIP NON DISKRIMINASI DALAM PERDAGANGAN INTERNASIONAL TERHADAP PRODUK SEJENIS DALAM SISTEM WORLD TRADE ORGANIZATION (STUDI KASUS DS406 = CLOVE CIGARETTE) Constantin Dwi Rendragraha
BELLI AC PACIS Vol 6, No 1 (2020): June 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v6i1.59967

Abstract

This paper aims to determine the concepts of most favoured nation (MFN) and national treatment (NT) in the World Trade Organization (WTO) system and its application in the case of DS406: Clove Cigarette. The method of research, normative descriptive by using secondary data analyzed with a qualitative approach, resulting in a presentation of descriptive data and analysis. MFN and NT are a principle of non-discrimination contained in WTO. MFN is a principle that should not differentiate the treatment of WTO member States, while NT is a principle that should treatment no less favourable to local domestic products and member State products. The application of the principle to the case DS406: Clove cigarette, Panel interpretation of like product in article 2.1 TBT Agreement emphasizes that menthol cigarette product is considered to be like product of Kretek cigarette products based on the policy objectives of the Technical regulation while Appellate Body is based on competitive relationship
REUNIFIKASI DUA KOREA DALAM PERSPEKTIF HUKUM INTERNASIONAL Muhammad Yusuf Habibie
BELLI AC PACIS Vol 6, No 1 (2020): June 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v6i1.59968

Abstract

This research examines the problem of implications in Korea Peninsula reunifications. How its implications are reviewed from the perspective of international law on the State parties in international treaties and the status of membership in international organizations. This research is prescriptively normative legal research. The secondary data type includes source material primary law and secondary one. Data collection techniques using the study of librarianship and the law instruments which are Vienna Convention 1969 on the Law of Treaties and the Vienna Convention 1978 on the State Succession in respect to Treaties, further technical analysis using deductive method. The results showed the sequence of the Korea Peninsula was originally a single country, then it separated at the end of World War II and then Korean War broke out until the peace realized. Along with peace efforts, also carried out by reunification effort. From the state unification proccess, resulted the fusion of two Koreas named United Korea. The implications that arise from the perspective of States parties in international treaties is if there is an existing and relevant treaties it will continue to apply its relationship with successor state or other parties, and all treaties valid in the whole regions of the successor state. Reviewed from the perspective of membership in the international organization, the new State should be eligible following the beginning procedure to be accepted as a new member in the international organizations.
KEJAHATAN LINGKUNGAN SEBAGAI KEJAHATAN INTERNASIONAL PADA MASA KONFLIK BERSENJATA BERDASARKAN HUKUM INTERNASIONAL (STUDI KASUS ICC-02/05: SITUATION IN DARFUR, SUDAN) Revita Ernawati
BELLI AC PACIS Vol 6, No 1 (2020): June 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v6i1.59969

Abstract

This article examine the types of environmental crimes according to international law that occurred in Sudan during a non international armed conflict situation. The method of writing used in this legal research are statute approach, historical approach and conseptual approach. The environmental crime particularly as an international crime currently has no precise definition under international law. The prosecution of environmental crimes depend on national criminal law accordingly, whereas in the case of Sudan became difficult as the perpretrator is the controlling government. The question arises as to whether the environmental crimes that occured in Sudan can be categorized as international crimes based on the current existing threshold under international law. The result of this legal research shows that: First, environmental crimes that occured should be part of grave violations of humanitarian law, consisting of elements of actus reus and mens rea and have serious and severe impacts. Second, the Triple Cumulative Standard as the most common threshold of environmental destruction under humanitarian law will have several difficulties to be applied in this case. Third, the environmental crimes linked to the core crimes will have considerably more legal basis under international law rather than as a standalone crime.

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