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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 2 (2021): December 2021" : 6 Documents clear
PENERAPAN FORESEEABILITY OF HARM DAN PRECAUTIONARY PRINCIPLE DALAM PENGATURAN SAMPAH PLASTIK SEBAGAI LAND-BASED SOURCE Adori Raka Susanto
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (678.109 KB) | DOI: 10.20961/belli.v7i2.59992

Abstract

Marine pollution caused by plastic waste is regarded as a land-based sources type of marine pollution. The current regulation of land-based sources pollution, especially plastic waste is still too general and not effective. This legal research aims to analyze the existing international regulations regarding land-based pollution and how to implement the foreseeability of harm and precautionary approach principles for specific international arrangements regarding plastic waste pollution in the future. This article concludes that the application of the principle is important to ensure the effectiveness of the regulation regarding plastic waste, since the nature of the principle is to prevent.
YURISDIKSI INTERNATIONAL CRIMINAL COURT (ICC) DALAM PENEGAKAN PELANGGARAN HAK ASASI MANUSIA BERAT OLEH OMAR HASSAN AL-BASHIR DI DARFUR, SUDAN Mega Oktaviana
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (678.417 KB) | DOI: 10.20961/belli.v7i2.59993

Abstract

The ICC is independent court that prosecutes serious crimes under article 5 Rome Statue and has jurisdiction of the State Parties. Omar Al-Bashir is alleged of comitting human rights violations in Sudan’s Darfur. However, the problem is that Sudan is not a state party of Rome Statue 1998. The purpose of this research is to find out does the ICC has jurisdiction to investigate and adjudicate human rights violations by Omar Al-Bashir in Darfur, Sudan. This research is prescriptive normative legal research. Type Legal materials include primary and secondary legal materials. The technique of collecting legal materials used is literature study and through research instrument. The results showed that the ICC as an international judicial institution has jurisdiction to investigate and adjudicate human rights violations by Omar Al-Bashir that occurred in Darfur, Sudan. However, Omar Al-Bashir’s status as head of state with immunity, the weak authority of the ICC in carrying out the arrest of Omar Hassan Al-Bashir, and the lack of cooperation between Sudan and state parties in carrying out the arrest of Omar Hassan Al-Bashir hampered the judicial process. The ICC has conducted an investigation, issued a warrant for arrest of Omar Hassan Al-Bashir and cooperated with Sudan so that Sudan agreed to hand Omar Hassan Al-Bashir over to the ICC for trial. The jurisdiction ICC to prosecute Omar Al-Bashir shows that perpetrators of serious human rights violations can still be tried wherever he is regardless their impunity. In addition, international cooperation is necessary in investigation and prosecution of crimes for the smooth of the judicial process.
KOMITMEN UNI EROPA DALAM PEMENUHAN PRINSIP NON-REFOULEMENT TERHADAP NEGARA-NEGARA ANGGOTA (Studi Kasus Krisis Pengungsi di Yunani Pascakebakaran Kamp Moria) Sharleen Dessyhana Chrisella
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (698.721 KB) | DOI: 10.20961/belli.v7i2.59996

Abstract

One of the countries in Europe with the biggest refugee crisis is Greece and triggers the emergence of refoulement. The non-refoulement principle is an absolute form protection for a refugee and must be obeyed by all ratifying countries. On that basis, Greece needs an additional assistance from the European Union as a regional organization that houses most European countries. This study aims to explain the commitment of the European Union in fulfilling the principle of non-refoulement to the refugee crisis in Greece, especially after the fire incident at Camp Moria. This research is a normative legal research with a statute approach and a conceptual approach. The sources of legal materials used are based on 1951 Convention on the Status of Refugees also the non-refoulement principle. The technique of collecting legal materials used is library research and analyzed through inductive analysis techniques. The results showed that the condition of the refugee crisis in Greece especially after the fire at Camp Moria was so alarming where the refugees are in danger of being refoulemented. In dealing with the refugee crisis that occurred in Greece, the European Union has tried to issue policies and decisions but the policies have not been implemented optimally.
PERAN HUKUM INTERNASIONAL DALAM MENEKAN PENGARUH EMISI SEKTOR PENERBANGAN TERHADAP LAJU PERUBAHAN IKLIM Leony Marcha Rotua Cahaya Pardede
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (672.285 KB) | DOI: 10.20961/belli.v7i2.59997

Abstract

Aviation emission as a factor in increasing and distribution of Greenhouse Gasses emission is a contributor to climate change and are expected to increase from 3% to 15% in 2050 if no international standard precautions are applied. Therefore, there is a need for regulations to be put in place to control aviation emissions. This legal research aims to describe the role of international law in efforts to reduce emission from aviation sector, as well as the enforcement imposed on countries to control emissions. Using a legal approach, the author examines how the Chicago Convention, the Kyoto Protocol, and the Paris Agreement regulate aviation emissions. The results of this study indicate that aviation emission are regulated in two international regimes, namely the International Civil Aviation regime and the Climate Change Regime, but with the enactment of these two regimes, there is still an increase in aviation emissions from countries by the year 2019. Therefore, a new and more structured steps are needed to reduce emissions from the aviation sector.
PENGAMANAN KAPAL PERANG DAN COAST GUARD CHINA ATAS AKTIVITAS ILLEGAL FISHING NELAYAN CHINA DI LAUT CHINA SELATAN DITINJAU DARI UNCLOS 1982 DAN PRINSIP NON-INTERVENSI Fauzan Rahmat Ananda
BELLI AC PACIS Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (686.146 KB) | DOI: 10.20961/belli.v7i2.59998

Abstract

This research aims to determine the security of China’s warship and coast guard on illegal fishing activities of China fisherman in South China Sea reviewed from UNCLOS 1982 and principle nonintervention, with the background of various illegal fishing incidents in the South China Sea which are often protected by Chinese warships and coast guard. This research was normative legal with case approach and statute approach. The data used secondary data. The characteristic used prescriptive legal research. The techniques in the gathering of legal materials in this research was library research. This research uses deduction methods of analysis techniques, namely stemming from the rule of law and legal facts and then drawn into conclusions. From this research showed that the security of China’s warship and coast guard on illegal fishing activities of their fisherman is an act that is contrary to international law, as reviewed from UNCLOS 1982 and principle non-intervention.
SECURITY OF CHINA’S WARSHIP AND COAST GUARD ON ILLEGAL FISHING ACTIVITIES OF CHINA FISHERMAN IN SOUTH CHINA SEA REVIEWED FROM UNCLOS 1982 AND PRINCIPLE NON INTERVENTION Fauzan Rahmat Ananda
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v7i2.68804

Abstract

This research aims to determine the security of China’s warship and coast guard on illegal fishing activities of China fisherman in South China Sea reviewed from UNCLOS 1982 and principle nonintervention, with the background of various illegal fishing incidents in the South China Sea which are often protected by Chinese warships and coast guard. This research was normative legal with case approach and statute approach. The data used secondary data. The characteristic used prescriptive legal research. The techniques in the gathering of legal materials in this research was library research. This research uses deduction methods of analysis techniques, namely stemming from the rule of law and legal facts and then drawn into conclusions. From this research showed that the security of China’s warship and coast guard on illegal fishing activities of their fisherman is an act that is contrary to international law, as reviewed from UNCLOS 1982 and principle non-intervention. 

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