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International Law Discourse in Southeast Asia
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28299655     DOI : https://doi.org/10.15294/ildisea
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
International Law Discourse in Southeast Asia (ISSN Online 2829-9655 ISSN Print 2830-0297) is an open access double blind peer reviewed journal published by Faculty of Law Universitas Negeri Semarang and managed by Southeast Asian Studies Center Faculty of Law Universitas Negeri Semarang, Indonesia. The Journal is committed to providing a scientific forum and discourse for legal practitioners, academics, researchers, and students on the issue of international law generally while attempting to present discourses and viewpoints from and/or about Indonesia, Southeast Asia, and other parts of Asia and the developing world at large.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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The Sovereignty of the Air Space and Its Protection in the Perspective of International Law: Some Aliens Intervention in Southeast Asian Countries Siraji, Hafizh
International Law Discourse in Southeast Asia Vol. 1 No. 2 (2022): International Law in Practice: From Norm Development to Regional Implementation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.32370

Abstract

State sovereignty in international law is not a solution, in the international world as a legal entity that acts as a subject of international law. This also happens between one country or another, which can then be announced the deeds agreed to by each country are not appropriate, because they must be approved by the deeds of other countries or we can call it the Relativity of State.There are three thoughts in understanding the concept of state sovereignty over developing air space. The first is that air space cannot be used or used by anyone because in principle, the state does not have sovereignty. Secondly, special rights such as freedom of air that do not limit the height of the airspace boundary are obtained by the State of the Netherlands. And finally, the principle that the state has freedom of airspace, but there is a territory or territorial zone that gives certain rights to the under the state that can be implemented. This research has the purpose of being able to know and analyze how the regulation and accountability of the state in an effort to protect and maintain the country's sovereignty over air space viewed from the perspective of international law. The research method used in this study is the normative juridical library method, where this normative juridical research is a study using literature with primary data such as laws and regulations, the scientific work of scholars, as well as from several books. Then it will be explained or described in a deductive description supported by literature study. Based on the results of research and discussion, we can find out that the thinking on the concept of state sovereignty territory starts from the three theoretical ideas mentioned earlier. Then put together in international agreements as stated in the 1944 Chicago International Civil Aviation Convention especially the definition of state sovereignty over air space, paragraph 1 which reads "the contracting states recognize that every state has complication and exclusive sovereignty over the airspace above its territory". The state is fully responsible for the maintenance and protection of the country's sovereign territory over air space.
How to Resolve the Overlapping Maritime Claims in International Law? Comparing Barbados Trinidad vs Tobago case and Indonesia-Malaysia Cases Ramadhan, Arif; Kareem, Mohammad Abdul Latief
International Law Discourse in Southeast Asia Vol. 1 No. 2 (2022): International Law in Practice: From Norm Development to Regional Implementation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.32371

Abstract

Barbados and Republic of Trinidad and and Tobago are two statesthay facing each other andlocated in Carribian sea. Since along long time ago, these twostates often mixed up withdispute about maritimes boundaries or about the shing of each states, such as when the shing fron Barbados reputedinfringe the boundaries of Republic Trinidad and Tobago. Like this case above was often happened thay nally must be nished with helped by international law. Aswe know that in that Continental shelf with drawnmust 200 nm from the outer states boundaries, and both of them has claimed that they had been fallowed the rules, but thereare still happen an argue between them. How this dispute happened until reached the agreement, how the steps andhow the result of the agreement will be explained in this paper.
Differences in the practice of binding international law in Southeast Asian countries: How will it affect the stability of law enforcement? Joseph, Antonio Marcos; Shivana, Nur; Shaiza, Layina
International Law Discourse in Southeast Asia Vol. 1 No. 2 (2022): International Law in Practice: From Norm Development to Regional Implementation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.32372

Abstract

Differences in the practice of binding international law in a sovereign state have different forms which are based on various theories of international law. As a result, each country has different perceptions even in terms of law enforcement. The study uses the library research method where the author refers to legal journals and certain books as well as the opinions of experts. However, in practice, the author prefers to refer to journals and books, because the sources from journals and books can be accounted for. The author also cites sources that have been mentioned through footnotes or footnotes. This study aims to analyze different legal practices in binding international law in Southeast Asian countries and their impact on law enforcement.
International Committee of Red Cross versus International Red Crescent: The Recent Practices as Subject International Law Arifin, Ridwan; Zulfa, Zaeda; Saraswati, Dhann
International Law Discourse in Southeast Asia Vol. 1 No. 2 (2022): International Law in Practice: From Norm Development to Regional Implementation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.32373

Abstract

The International Red Cross has different characteristics so that in its development, this organization is accepted as one of the subjects of international law. However, the International Red Cross has limitations in the subject of law. International treaties such as the 1949 Red Cross Conventions provide certain rights and obligations. The rights and obligations are given by the convention indirectly to individuals through the country that is a participant in the convention. Through such construction, many individual circumstances or events that are subject to international law based on a convention can be returned to the countries that are participants in such a convention, namely the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and The European Convention on Human Rights. This study analyzes recent developments regarding the International Red Cross as a subject of international law. This study also analyzes the position of the International Red Crescent as one of the subjects of international law in practice.
How International Treaties Binding for Domestic Law? A Book Review “Treaties Under Indonesian Law: A Comparative Study” Dr. iur. Damos Dumoli Agusman, PT Remaja Rosda Karya, Bandung, 2014, ISBN 978-979-692-597-1, 554 Pages Priyambodo, Muhammad
International Law Discourse in Southeast Asia Vol. 1 No. 2 (2022): International Law in Practice: From Norm Development to Regional Implementation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.32375

Abstract

International treaties have unique characteristics, especially when faced with the question of how an international treaty applies in a country. The book "Treaties Under Indonesian law: A Comparative Study" written by Dr. iur. Damos Dumoli Agusman is one of the reference books in understanding how international treaties apply domestically in the context of Indonesian law.
Liberalization of the Health Sector and Fulfillment of the Right to Health: How does international law respond to this condition? Saraswati, Dhanny; Zulfa, Zaeda
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32377

Abstract

The liberalization of the health sector has become a contentious issue, raising questions about its impact on the fulfillment of the right to health. This paper explores the dynamics between health sector liberalization and the realization of the right to health within the framework of international law. It examines the principles and obligations enshrined in international human rights instruments, trade agreements, and other relevant legal frameworks concerning health and trade. Through a comprehensive review of case studies and legal analyses, the paper evaluates how international law addresses the challenges posed by health sector liberalization and seeks to safeguard the right to health. Additionally, it considers the role of international organizations, such as the World Health Organization (WHO) and the World Trade Organization (WTO), in balancing trade liberalization objectives with public health imperatives. The analysis highlights the tensions and synergies between economic interests and health rights, offering insights into potential strategies for reconciling these competing priorities. By elucidating the evolving landscape of international legal responses, this paper contributes to the ongoing discourse on achieving equitable access to healthcare while promoting global economic integration.
Double Standards in Human Rights Interpretation (Comparison of American and Asian Practices) Sanjaya, Aldo Dicky; Faisal, Mokhammad Kahvi
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32379

Abstract

This paper explores the phenomenon of double standards in the interpretation and application of human rights principles, with a comparative analysis between American and Asian practices. Through an examination of key case studies and legal frameworks, it delves into the disparities and inconsistencies that arise in the treatment of human rights issues across these regions. The study elucidates how cultural, political, and historical factors shape differing perspectives on human rights, leading to divergent approaches in addressing violations and advocating for protections. Drawing upon empirical evidence and scholarly discourse, the paper highlights instances where double standards manifest in human rights discourse, such as the selective condemnation of human rights abuses based on geopolitical interests or cultural biases. It examines how interpretations of rights, such as freedom of expression and assembly, vary between the American and Asian contexts, often resulting in contrasting legal norms and enforcement mechanisms. Furthermore, the paper analyzes the impact of these double standards on marginalized communities and the effectiveness of international human rights mechanisms in promoting accountability and justice. In conclusion, the paper underscores the importance of recognizing and addressing double standards in human rights interpretation to ensure equitable treatment and protection for all individuals regardless of nationality or cultural background. It calls for greater transparency, consistency, and collaboration in upholding universal human rights standards, thereby fostering a more just and inclusive global society.
Pros and Cons of Application of Extraterritorial Jurisdiction in International Law: Various Practices in Southeast Asian Countries Aryudhanty, Desvia Dwi; Yen, Lam Thong; Chan, Nai Jan
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32380

Abstract

The concept of extraterritorial jurisdiction in international law has garnered significant attention due to its implications on sovereignty, human rights, and global governance. This paper explores the diverse practices and approaches towards extraterritorial jurisdiction in Southeast Asian countries, considering both the advantages and disadvantages associated with its application. The pros of extraterritorial jurisdiction include the ability to hold individuals and entities accountable for actions committed beyond national borders, thereby addressing transnational crimes, ensuring justice for victims, and upholding international norms and standards. Furthermore, it can serve as a deterrent against cross-border offenses, promoting stability and security in the region. However, the application of extraterritorial jurisdiction also raises several concerns and challenges. One of the primary drawbacks is the potential infringement upon state sovereignty, as it involves the assertion of legal authority over foreign territories and nationals. This could lead to tensions between states and undermine diplomatic relations. Moreover, inconsistent or unilateral application of extraterritorial jurisdiction may result in legal uncertainty and conflicts of laws, hindering international cooperation and legal harmonization efforts. By examining the various practices in Southeast Asian countries, including legislative frameworks, judicial decisions, and diplomatic engagements, this paper aims to provide insights into the complexities surrounding the application of extraterritorial jurisdiction in the region. It underscores the need for balanced approaches that reconcile the pursuit of justice with respect for sovereignty and international law principles. Additionally, it highlights the importance of multilateral cooperation and dialogue in addressing transnational challenges while safeguarding the rights and interests of all stakeholders involved. Overall, this analysis contributes to a better understanding of the nuanced dynamics shaping the debate on extraterritorial jurisdiction in international law and its implications for Southeast Asia's legal landscape and regional cooperation mechanisms.
Indonesia-China International Dispute on the Natuna Island Case: Various International Law Discourses and Practices in Regional Countries Chasanah, Anissaa Nuril; Arifin, Ridwan; Nte, Ngboawaji Daniel
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32382

Abstract

The Natuna Island case stands as a focal point in the complex web of international relations, particularly between Indonesia and China, in the South China Sea region. This study explores the various international law discourses and practices adopted by regional countries concerning this dispute. Indonesia's sovereign claims over the Natuna Islands clash with China's expansive territorial assertions, leading to diplomatic tensions and legal debates. In analyzing this dispute, this study delves into the multifaceted dimensions of international law invoked by both parties and observed by neighboring states. It examines the application of principles such as the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law concerning territorial sovereignty and maritime rights. Moreover, the study scrutinizes the strategies employed by Indonesia and China within international forums, including arbitration and diplomatic negotiations, to resolve their differences. It highlights the significance of multilateral cooperation and adherence to established legal frameworks in mitigating conflicts and maintaining regional stability. Furthermore, the study assesses the responses of other regional countries to the Natuna Island dispute, elucidating their stances on the applicability of international law and the preservation of their own interests amidst geopolitical tensions. These responses offer valuable insights into the evolving dynamics of maritime disputes and the role of international law in shaping regional security architectures.
The Natuna Waters Conflict between Indonesia and Vietnam: How is it resolved in International Law? Tyas, Annida Ayuning
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32385

Abstract

The Natuna Waters Conflict between Indonesia and Vietnam epitomizes the intricate web of maritime disputes and geopolitical tensions in the South China Sea region. At its core, the conflict revolves around competing claims over the sovereignty and resource exploitation rights in the waters surrounding the Natuna Islands. Against the backdrop of historical assertions and contemporary contestations, this abstract scrutinizes the application of international law as a framework for resolving the Natuna Waters Conflict. Central to the dispute resolution process are the principles enshrined in the United Nations Convention on the Law of the Sea (UNCLOS), which delineates maritime zones, rights, and responsibilities among coastal states. Both Indonesia and Vietnam are parties to UNCLOS, underpinning the significance of its provisions in addressing their respective claims. However, interpretations of UNCLOS provisions, especially regarding exclusive economic zones (EEZs) and continental shelf boundaries, have been contentious points of divergence between the two nations. Efforts to resolve the Natuna Waters Conflict through legal avenues have involved diplomatic negotiations, arbitration, and adjudication mechanisms provided for under UNCLOS. Despite these mechanisms being available, challenges persist in reaching a comprehensive resolution due to geopolitical interests and power dynamics in the region. Moreover, the role of external actors and regional organizations, such as the Association of Southeast Asian Nations (ASEAN) and major powers like China and the United States, further complicates the dispute resolution landscape. In navigating these complexities, understanding the interplay between legal principles and geopolitical realities is crucial. This abstract seeks to provide insights into the potential pathways for resolving the Natuna Waters Conflict within the framework of international law. By examining historical precedents, legal interpretations, and ongoing diplomatic efforts, it sheds light on the challenges and opportunities for achieving a peaceful and equitable resolution to this longstanding maritime dispute.

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