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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 2 (2020): December 2020" : 5 Documents clear
PERLINDUNGAN HUKUM TERHADAP MASYARAKAT GUARANI DALAM KASUS BIOPIRACY OLEH COCA-COLA BERDASARKAN PENGATURAN ACCESS AND BENEFIT SHARING DALAM CONVENTION ON BIOLOGICAL DIVERSITY (STEVIA STUDY CASE) Layla W Puspita Sari
BELLI AC PACIS Vol 6, No 2 (2020): December 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (402.498 KB) | DOI: 10.20961/belli.v6i2.59971

Abstract

This research traces the identification of biopiracy conducted by Coca-cola Company toward stevia leaf in the jurisdiction of Brazil and Paraguay based on the provision of access and benefit sharing according to Convention on Biological Diversity. The type of research used is normative with prescriptive analytic to identifiy the conduct of biopiracy by Coca-cola Company to establish legal protection for Guarani People. The data used is secondary data that was collected by library reseacrh and with editing analysis style. The result of this research lead to the fact that the conduct of biopiracy did exist during the utilization of stevia by Coca-cola Company due to the absence of State’s Consent and no information delivered to the Guarani People. The locus of the conduct was involved two nations which impacted to the State’s obligation to protect the rights of its people. The fact that Brazil has already eancted the provision of access and benefit sharing but Paraguay has not due its unawareness that such commercial benefit may arise from the utilization of genetic resources take into account that if it requires for legal enforcement. The implementation of access and benefit sharing provision will ensure the legal protection for its people with optimal supervision.
ANALISIS HUKUM INTERNASIONAL TERHADAP PEMBERIAN SUAKA DIPLOMATIK KEPADA JULIAN ASSANGE OLEH KEDUTAAN BESAR EKUADOR DI INGGRIS Pinasthika Puspitaningrum
BELLI AC PACIS Vol 6, No 2 (2020): December 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.233 KB) | DOI: 10.20961/belli.v6i2.59972

Abstract

This article analyzes the problems of granting diplomatic asylum to Wikileaks inventor and organization leader Julian Assange by the Ecuadorian Embassy in the UK according to International Law. Methodology and research used are normative research methods, namely research based on legal materials whose focus is on reading and studying primary and secondary legal materials. Based on the results of the study, the authors concluded that Julian Assange, as the leader of Wikileaks, leaked state secrets and diplomatic wires was an act that violated International Law. This action violates Article 10 paragraph 2 of the European Convention on Human Rights in 1950 which stipulates that in freedom of expression, there are limits to the types of information that can be disseminated in the general public, one of which is information concerning the interests of a State. The granting of diplomatic asylum to Julian Assange invited controversy, because for some countries, Julian Assange was labeled a political criminal, which caused that a political criminal, according to the 1954 Caracas Convention, was not permitted for any reason to be granted diplomatic asylum. The controversy over giving asylum was inseparable from the demands of the Swedish Court of Julian Assange involved in rape cases in Sweden, which allegedly was an alibi and political pressure from the countries concerned.
STATUS HUKUM ORANG DALAM KOLONISASI MANUSIA DI PLANET MARS OLEH PERUSAHAAN SPACEX DITINJAU DARI HUKUM INTERNASIONAL Renaldi Junianto
BELLI AC PACIS Vol 6, No 2 (2020): December 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.253 KB) | DOI: 10.20961/belli.v6i2.59981

Abstract

This study aims to analyze the determination of the legal status of people conducting human colonization on Mars and the protection of international law against them. This type of research is descriptive normative research in order to describe the principles of International Law used in determining the legal status of people conducting human colonization on Mars and protecting International Law against them. The data source used is secondary data, data collection techniques study documents or library materials used to be able to find secondary data. The results of this legal research are: first, people who do human colonization on Mars conducted by SpaceX can be considered as astronauts or personnel as a term given by international treaties. This is based on the provisions of Article 10 of the Moon Agreement. Second, people who conduct human colonization are considered as astronauts and personnel so that they get the same legal protection as astronauts and personnel in space exploration in general. The use of the Moon Agreement as a basis for determining the legal status of those colonizing the planet Mars certainly cannot be longlasting. Because the problems that will arise in human colonization activities are not limited to the status of people who carry out such colonization.
KENDALA PENERAPAN PRINSIP CABOTAGE DALAM RANGKA TERLAKSANANYA ASEAN OPEN SKY R. Rizky Aulia
BELLI AC PACIS Vol 6, No 2 (2020): December 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (241.187 KB) | DOI: 10.20961/belli.v6i2.59982

Abstract

This research aims to understand and analyze the constraints of applying the cabotage principle conducted by Indonesia in the framework of ASEAN open sky. This research is a normative legal research that is descriptive analysis. The type of data used is secondary data that includes primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques using library study methods, while data analysis techniques use legal interpretation. The results of this legal research show that with the concept of open sky that apply impact in its implementation in applying the cabotage principle by Indonesia that raises problems both internally and technically as Infrastructure, water traffic management, regulatory readiness and also technical operations in the field. The advice that can be given is that the government needs to quickly arrange, establish, and implement a national administrative governance in order to create a clear standardization of the airport.
URGENSI HARMONISASI STANDARISASI HALAL OLEH THE STANDARDS AND METROLOGY INSTITUTE FOR THE ISLAMIC COUNTRIES (SMIIC) DALAM UPAYA MENGURANGI SENGKETA PERDAGANGAN INTERNASIONAL Intan B Nur Annisa
BELLI AC PACIS Vol 6, No 2 (2020): December 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.257 KB) | DOI: 10.20961/belli.v6i2.59983

Abstract

This research examines the absence of international halal standards in the interest of the differences in the standards of halal institutions which raises the urgency of halal standard harmonization by Standardization and Metrology for Islamic Countries (SMIIC) as an effort to decrease the international trade dispute. The type of research used in this study is normative with prescriptive analytic to identify the urgency of harmonizing international halal standards and proposing SMIIC as the center of harmonization of international halal standards institutions in terms of conformity with SMIIC international legal organizations and international trade. The result of this research showed the urgency of harmonizing halal product standardization is as a legal certainty of international halal standards, to prevent the overlapping of halal standard, increase consumer confidence, increase food supply integration, reduce time and production costs, and provide conducive of trade situation. SMIIC was proposed as a center for international halal standard harmonization institutions due to several considerations, including related to the urgency of harmonizing international halal standards, SMIIC’s position as an OIC affiliated institution that guarantees authority in issuing international halal standard harmonization, and for the compatibility of SMIIC’s policies with the WTO’s policies precisely of TBT Agreement.

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