Padjadjaran Journal of International Law

Arbitration as the Dispute Settlement Method to Address Harmful Interference in the Age of Mega-Constellations of Satellites

2024-04-01T04:10:36+00:00

The increasing demand for radio frequency spectrum usage for the launch of mega-constellations of telecommunication satellites will potentially increase incidents of harmful interference to radiocommunication. International law has yet to regulate a compulsory method of dispute settlement for harmful interference disputes. Currently, most cases of harmful interference are solved through technical and political means. However, those methods cannot address damage claims that may be caused by harmful interference, which may become increasingly common with the growing participation of private entities. Article 56 of the ITU Constitution has regulated several dispute resolution methods related to telecommunications, namely negotiation, diplomatic channels, other methods mutually agreed upon by the parties, and arbitration. This study aims to analyze these methods of dispute settlement and determine the most appropriate method to address harmful interference disputes. As the diplomatic dispute settlement methods do not result in enforceable legally binding decisions, this study argues that arbitration is the most appropriate method to settle disputes concerning harmful interference because it offers more neutrality in its proceedings and the confidentiality of sensitive information. It may also decide on damages as part of the arbitral award. Arbitration awards are final and binding, thus offering legal certainty to the parties to the dispute. States have generally recognized arbitration awards and created mechanisms to enforce arbitral awards. This study also recommends that the ITU implement compulsory arbitration with limitations and create a harm-claim threshold.

Testing The Suitability of The Indonesian and Vietnamese Baselines under UNCLOS

2024-04-04T13:07:35+00:00

The method for drawing baselines for the determination of maritime areas has been regulated in UNCLOS through three legal baselines, namely Normal Baselines, Straight Baselines, and Archipelagic Baselines. Respectively these approaches have been modified to suit the typical geographic features of a coastal state. However, the determination of baselines by several states is inconsistent with applicable regulations and has the potential to cause disputes with neighboring states. Indonesia has established straight baselines based on archipelago theory, on the other hand, Vietnam has established straight baselines. This article tries to identify the suitability of determining the baseline from Indonesia and Vietnam based on UNCLOS provisions and concludes that there was a violation of Article 7 of UNCLOS by Vietnam.

Protecting Indonesian Children in Adapting Climate Change Based on Business and Human Rights Principles

2024-04-22T15:08:20+00:00

Based on research data, the climate change condition has increased globally. Indonesia is a part of this condition with over 100% increase in carbon emissions over the last 12 years. When it comes to the context of climate change, children have a different position as they become the most medically vulnerable group and are pivotal to Indonesia's future, demanding special attention. Previous research pointed out that one of the possible major contributors towards climate change and carbon emissions is companies in industrial and energy activities. With the availability of the child rights convention and national law, this article will answer the notion of whether the existing National Law in Indonesia is sufficient to prevent and protect the rights of Indonesian children in the future, along with an analysis of how business and human rights can push companies to comply and be held accountable in case of violation. The methodology that will be used in this research is the normative juridical method, creating a specific approach to laws and regulations based on data analysis. This article concludes that Indonesia will need to include more Climate change and Business and Human Rights aspects to handle the future implications of climate change impact. This article also concludes that to have a strong hard law system in Indonesia, an integration of International frameworks and Business and Human rights principles into the national law is essential.

Human Rights in the Distribution of Vaccines Against Civilians According to International Law: An Analysis of Human Rights Problems in the Acceptance of Vaccines COVID-19 in Philippines

2024-04-04T12:54:32+00:00

In an effort to boost the Philippines' economic recovery amidst the COVID-19 pandemic, the government made the decision in January 2022 to allow foreign tourists to enter the country without the need for quarantine, as long as they can provide proof of vaccination. However, some Filipinos have expressed discontent with this choice, as unvaccinated individuals continue to face travel difficulties. Addressing this issue, President Rodrigo Duterte has warned that those who choose not to get vaccinated and violate stay-at-home orders may face arrest. Extensive analysis and literature review have revealed that vaccination is a communal right. While the decision to receive a vaccine is a personal choice, legal principles dictate that every individual has the right to choose what substances are introduced into their body. However, in cases where there is a high risk of contagion, such as with Covid-19, governments may mandate the distribution of vaccines for public safety. This conclusion is based on an evaluation of international legal instruments, including the UDHR, ICCPR, ICESCR, and others.

The Urgency of Handling Illegal, Unreported and Unregulated Fishing in the Indonesian Border Region Perspective: Marine Security in the Makassar Strait

2024-04-03T02:39:57+00:00

ASEAN Outlook on Indo-Pacific (AOIP) plays a role in maintaining peace, security, stability and prosperity in the Asia Pacific and Indian Ocean (Indo-Pacific) region. However, due to common and competing interests, there are still conflicts in the region's implementation. Maritime security cooperation, which includes addressing illegal, unreported, and unregulated (IUU) fishing, is one of the most important issues in the ASEAN region. The research intends to examine law enforcement against IUU violations in the ASEAN region, as well as the consequences of IUU violations by ASEAN countries on waters in the Makassar Strait. This is a qualitative study that employs a normative-empirical approach. The first problem is analyzed using the normative aspect, which is based on international and national law on ASEAN agreements on IUU, law enforcement, and other issues. While the empirical aspect is used to analyze the second problem through in-depth interviews about Makassar Strait water supervision and law enforcement. Based on the research findings, IUU law enforcement in the ASEAN Region must be carried out firmly to parties that threaten security and stability in the ASEAN Region, as outlined in each agreement participant's national law. Meanwhile, the legal consequences of IUU violations in the ASEAN Region have an impact on the security and stability of the waters of the Makassar Strait.