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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 6 Documents
 1 
Search results for , issue "Vol 7, No 1 (2021): June 2021" : 6 Documents clear
PRINSIP CAVEAT VENDITOR DAN CAVEAT EMPTOR DALAM SENGKETA KETIDAKSESUAIAN BARANG DALAM KONTRAK JUAL BELI INTERNASIONAL Dini Kartika Salsabila
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.157 KB) | DOI: 10.20961/belli.v7i1.59984

Abstract

In national and international trade it is common to encounter trade disputes, one of the disputes is the non-conformity of the traded goods. This can occur due to various factors originating from both the seller and the buyer. Hence, trade contracts must be made explicitly regarding the rights and obligations of the parties as well as clear arrangements for liability of parties that can facilitate the parties in the event of a dispute in the future and brought into the realm of international arbitration then it can be resolved by the guidance of Article 35 of the CISG. This article will be discussed in detail about the provisions of the conformity specifications of goods that are regulated internationally in Article 35 of the CISG and pay attention to the principle of caveat venditor and caveat emptor as supporting rules for Article 35 of the CISG.
PENGGUNAAN PRINSIP INTERGENERATIONAL EQUITY DALAM PERLINDUNGAN HUKUM TERHADAP KESEJAHTERAAN HEWAN DI TEMPAT WISATA DARI KEKEJAMAN Johana Ake Christianti
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (263.941 KB) | DOI: 10.20961/belli.v7i1.59986

Abstract

Good animal welfare occurs when the health, nutrition, behavior, environmental and psychological needs of animals are met. However, the captivity of wild animals by tourist attractions is often not able to meet the needs of these animals. In addition, the exhibition and training of wildlife by tourist sites is carried out through a process that results in unnecessary suffering. This legal research aims to analyze the legal protection of animal welfare from cruelty in tourist attractions based on the principle of Intergenerational Equity and to analyze the application of these principles in tourist attractions to the national laws of several countries (Indonesia and United Kingdom) in protecting animal welfare from cruelty. The results of this legal research show that: First, protection under existing international agreements has not been able to protect animal welfare from cruelty to the maximum, while the pure use of the principle of Intergenerational Equity cannot be the only source of international law to protectanimal welfare, especially in places travel. Second, Indonesian national law applies this principle more to animal welfare laws than national law of the United Kingdom does.
PENJATUHAN SANKSI UNI EROPA ATAS TINDAKAN ANEKSASI RUSIA DI KRIMEA, UKRAINA Ruth Intan Sari
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.424 KB) | DOI: 10.20961/belli.v7i1.59987

Abstract

This study raises the issue of the legality of the imposition of European Union sanctions for Russia’s annexation of Crimea, Ukraine based on international law and the forms of imposing these sanctions. The method used in this research is normative legal research and is prescriptive. The types and sources of research data used are primary legal materials and secondary legal materials collected by using library research legal materials collection techniques. The data analysis technique used is a deductive mindset technique. This research results that the legality of EU sanctions is Council Decision 2014/512/CFSP and Council Regulation (EU) No. 833/2014 with provisions for imposing sanctions based on the European Union Agreement adopted within the framework of the Common Foreign Security and Policy (CFSP). The form of sanctions imposed are; (1) Arms embargo; (2) Export of dual-use goods; (3) Financial sanctions; (4) Prohibition of fulfilling claims; (5) Restrictions on services and other items.
KEPATUHAN HUKUM REPUBLIK DEMOKRATIK KONGO TERHADAP CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) ATAS PERLINDUNGAN POHON TROPIS AFRORMOSIA Masyitha Salsabila
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (280.438 KB) | DOI: 10.20961/belli.v7i1.59988

Abstract

Trees are forest products whose number continues to decrease over time due to fulfilling human needs to sustain their lives. Continuous deforestation can threaten and destabilize ecosystems on earth, which leads to international environmental issues that have yet to be resolved. The purpose of this legal research was to determine the legal compliance of the Democratic Republic of the Congo (DRC) towards regulations by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the protection of the tropical Afromosia tree and the steps that the DRC should undertake in maintaining the existence of the Afromosia tree which is now endangered from extinction. This study is normative legal research with a statute and case approach and analyzed through inductive analysis techniques. Make use of indicators from the international legal compliance theory by Andrew T. Guzman, namely the model of rational and self-interested states theory, the results of the study show that the DRC has a low level of legal compliance with the provisions of the CITES convention related to the protection of Afrormosia trees.
PRAKTIK HAK KEKEBALAN DIPLOMATIK PEJABAT SENIOR NEGARA TERHADAP PELANGGARAN BERAT HAM MENURUT YURISPRUDENSI PENGADILAN INTERNASIONAL Nadia Salsabila
BELLI AC PACIS Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (274.959 KB) | DOI: 10.20961/belli.v7i1.59989

Abstract

This study examines the extend to the applicability of diplomatic immunity rights for senior officials against gross human rights violations they have committed. Toa achieve such aim, the author analysed the different types of immunity granted by international law to state officials, the reasons for the conferment of this immunity, and whether they apply in cases in which it is alleged that an official has committed an international crime. By using a statutory and case approach, the author examines several cases heard before international courts to compare the implementation of immunity rights. The author argues that both immunity ratione materiae and immunity ratione personae cannot be applied to cases that constitute gross violations of human rights. Moreover, instead did not agree with the argument which have been put forward by scholars and ICJ in support of the contrary.
THE PRACTICE OF SENIOR STATE OFFICER'S DIPLOMATIC IMMUNITY AGAINST SERIOUS VIOLATIONS OF HUMAN RIGHTS BY INTERNATIONAL COURT JURISPRUDENCE Nadia Salsabila; Erna Dyah Kusumawati
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v7i1.68774

Abstract

This study examines the extend to the applicability of diplomatic immunity rights for senior officials against gross human rights violations they have committed. Toa achieve such aim, the author analysed the different types of immunity granted by international law to state officials, the reasons for the conferment of this immunity, and whether they apply in cases in which it is alleged that an official has committed an international crime. By using a statutory and case approach, the author examines several cases heard before international courts to compare the implementation of immunity rights. The author argues that both immunity ratione materiae and immunity ratione personae cannot be applied to cases that constitute gross violations of human rights. Moreover, instead did not agree with the argument which have been put forward by scholars and ICJ in support of the contrary. 

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