Aryuni Yuliantiningsih & Hartiwiningsih & Ade Maman Suherman & Emmy Latifah Law Faculty, UNSOED, Jl. H.R. Bunyamin 708, Puwokerto, Indonesia.
Corresponding Author: aryuni71@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Illegal, unreported and unregulated fishing (IUUF) is a complex problem because IUUF perpetrators not only have fisheries management issues, but also commit other crimes. This phenomenon raises further academic analysis of crime in fisheries at domestic and international levels. Indonesia has experienced different events leading to addressing crimes related to fisheries, which initially came from IUUF practices. To achieve legal certainty, crimes in fisheries issues must be separated from IUUF because IUUF is a matter under the mandate of FAO and crime in fishery is under the mandate of UNODC. Many have mixed IUUF and crimes in fishery in one basket, making the matter confusing from legal and practical point of view. At the domestic level, there must be a regulatory framework recognizing the linkage between fisheries and criminal activities. At the international level, meanwhile, there must be an international cooperation through existing frameworks such as Mutual Legal Assistance.
Keywords : IUUF, Crime in Fishery Sector, TOC, Indonesia
The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_04
2019년 3월 15일 금요일
China's Participation in the Global Ocean Governance Reform: Its Lessons and Future Approaches
Zewei Yang Luojia Hill, Wuhan, Hubei Province, 430072, P.R. China.
Corresponding Author: fxyyzw@whu.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Global ocean governance is a historical product. In the course of development, the UNCLOS has established the contemporary global ocean governance system. The current system, however, has many defects, including ambiguity in rules and fragmentation in structure. Furthermore, some new challenges are ever-emerging in the system. But all these could be improved through the establishment of a UNCLOS review agency and an enactment of supplementary agreements. China has taken lessons from its participation in the development and reform of the system. This includes the creation of the identity of a developing country, being an active participant and promoter of change as opposed to being a passive recipient and follower inside the system. In its push for reforming global ocean governance, China should not only initiate the establishment of a "World Ocean Organization," but also enhance its agenda setting, drafting and contracting capabilities of international legislation.
Keywords : Global Ocean Governance, UNCLOS, China, World Ocean Organization
The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_03
Corresponding Author: fxyyzw@whu.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Global ocean governance is a historical product. In the course of development, the UNCLOS has established the contemporary global ocean governance system. The current system, however, has many defects, including ambiguity in rules and fragmentation in structure. Furthermore, some new challenges are ever-emerging in the system. But all these could be improved through the establishment of a UNCLOS review agency and an enactment of supplementary agreements. China has taken lessons from its participation in the development and reform of the system. This includes the creation of the identity of a developing country, being an active participant and promoter of change as opposed to being a passive recipient and follower inside the system. In its push for reforming global ocean governance, China should not only initiate the establishment of a "World Ocean Organization," but also enhance its agenda setting, drafting and contracting capabilities of international legislation.
Keywords : Global Ocean Governance, UNCLOS, China, World Ocean Organization
The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_03
Does Thailand Fulfill the ASEAN Requirements for Foreign Direct Investment under Partial Liberalization in Electricity Industry?
Sakda Thanitcul & Amonwalai Ninpanich Faculty of Law, Chulalongkorn University Phayathai road Phatumwan Bangkok 10330 Thailand.
Corresponding Author: t.sak.da@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This paper explores Thailand's partial liberalization of the electricity industry and to what extent is a Foreign Direct Investment (FDI) allowed in the electricity sector. As Thailand is an ASEAN Member State, the paper aims to review whether the partial liberalization under the ESB model is consistent with the commitments of the ASEAN. The paper examines both the ACIA and the AFAS, and it finds that Thailand has no commitment under both agreements relevant to entry of a FDI in its electricity sector. However, Thailand already allows the entry of a FDI in the power generation business which is aligned with the principles of market access and National Treatment that fulfill the obligations under the ACIA and the AFAS in case Thailand will make any commitments in the future. It is noted that electricity transmissions and the distribution and supply businesses are still prohibited for both Thai and foreign investors.
Keywords : ASEAN, ACIA, AFAS, Electricity, FDI; Trade in Service, Thailand
The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_02
Corresponding Author: t.sak.da@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This paper explores Thailand's partial liberalization of the electricity industry and to what extent is a Foreign Direct Investment (FDI) allowed in the electricity sector. As Thailand is an ASEAN Member State, the paper aims to review whether the partial liberalization under the ESB model is consistent with the commitments of the ASEAN. The paper examines both the ACIA and the AFAS, and it finds that Thailand has no commitment under both agreements relevant to entry of a FDI in its electricity sector. However, Thailand already allows the entry of a FDI in the power generation business which is aligned with the principles of market access and National Treatment that fulfill the obligations under the ACIA and the AFAS in case Thailand will make any commitments in the future. It is noted that electricity transmissions and the distribution and supply businesses are still prohibited for both Thai and foreign investors.
Keywords : ASEAN, ACIA, AFAS, Electricity, FDI; Trade in Service, Thailand
The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_02
The US' Withdrawal from the Iran Nuclear Agreement: A Legal Analysis with Special Reference to the Denuclearization of the Korean Peninsula
Sassan Seyrafi & Amir-Hossein Ranjbarian University of Tehran, Faculty of Law and Political Science #412, Enghelab Ave., Tehran 14155-64485 Iran.
Corresponding Author: sasanseyrafi@ut.ac.ir
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The so-called Iran nuclear agreement, officially known as the Joint Comprehensive plan of Action, is an agreement between Iran and the five permanent members of the UN Security Council as well as Germany and the EU to ensure that Iran's nuclear program will be exclusively peaceful. Praised as an historic diplomatic achievement that resolved a decade-long crisis, the 2015 agreement is distinctive in its comprehensive provisions and innovative solutions to various legal and technical issues. However, US President Donald Trump's controversial decision to withdraw the US from the agreement in May 2018 has put its future in peril. This paper attempts to analyze the legal aspects of the US' decision to withdraw from the Iran nuclear agreement with special reference to the currently on-going US-North Korea deal for the complete denuclearization of the Korean Peninsula. In the course of this study, special attention is given to the lessons learned from the Iran nuclear agreement.
Keywords : Iran Nuclear Agreement, JCPOA, E3/EU+3, US, Iran, EU, North Korea, SC Resolution 2231, IAEA, Nuclear Program
The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_01
Corresponding Author: sasanseyrafi@ut.ac.ir
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The so-called Iran nuclear agreement, officially known as the Joint Comprehensive plan of Action, is an agreement between Iran and the five permanent members of the UN Security Council as well as Germany and the EU to ensure that Iran's nuclear program will be exclusively peaceful. Praised as an historic diplomatic achievement that resolved a decade-long crisis, the 2015 agreement is distinctive in its comprehensive provisions and innovative solutions to various legal and technical issues. However, US President Donald Trump's controversial decision to withdraw the US from the agreement in May 2018 has put its future in peril. This paper attempts to analyze the legal aspects of the US' decision to withdraw from the Iran nuclear agreement with special reference to the currently on-going US-North Korea deal for the complete denuclearization of the Korean Peninsula. In the course of this study, special attention is given to the lessons learned from the Iran nuclear agreement.
Keywords : Iran Nuclear Agreement, JCPOA, E3/EU+3, US, Iran, EU, North Korea, SC Resolution 2231, IAEA, Nuclear Program
The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_01
The Legal and Policy Implications of the US Steel Tariffs on East Asia
John Riley Sogang University School of Law, 35 Baekbeom-ro (Sinsu-dong), Mapo-gu, Seoul 04107 Korea.
Corresponding Author: johnriley007@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Many are crying foul over the Trump Administration's use of steel and aluminum tariffs, claiming that imports are not a threat to the US national security. Rather, it has been argued that the tariffs are a pretext to gain strategic advantage in unrelated trade negotiations. Members of the Trump administration have hailed subsequent trade concessions as proof that the tariffs have been successful, which, if proven, could raise a credible question as to whether the President exceeded the scope of his authority. Domestic and international challenges have already begun with the US courts being a more effective forum to the challenge the legality of the tariffs than the WTO.
Keywords : Donald Trump, US Steel, Tariffs, National Security, WTO, Section 232
The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_10
Corresponding Author: johnriley007@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Many are crying foul over the Trump Administration's use of steel and aluminum tariffs, claiming that imports are not a threat to the US national security. Rather, it has been argued that the tariffs are a pretext to gain strategic advantage in unrelated trade negotiations. Members of the Trump administration have hailed subsequent trade concessions as proof that the tariffs have been successful, which, if proven, could raise a credible question as to whether the President exceeded the scope of his authority. Domestic and international challenges have already begun with the US courts being a more effective forum to the challenge the legality of the tariffs than the WTO.
Keywords : Donald Trump, US Steel, Tariffs, National Security, WTO, Section 232
The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_10
The Removal of Offshore Installation in Indonesian National Regulation
A. Magassing, F. Patittingi, S. Alwy, R. Hambali, J. Sumardi, Kadarudin & M. Hendrapati Law Faculty of Hasanuddin University, Indonesia.
Corresponding Author: marcel.hendrapati@unhas.ac.id
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
An offshore installation is built or installed for the purposes of exploration and exploitation in any part of the sea. The offshore installations that are presently in existence reflect great scientific progress in the field of marine resources. However, they become a source of concern when they are no longer in use. Due to the potential to disrupt activities conducted around their location, they interfere with navigational safety. Therefore, it is important to remove such installations. Their removal should be based on the provisions of the IMO Guidelines and Standards. Indonesia is a coastal State and should adhere to the above mentioned guidelines and standard in designing policies and regulations.
Keywords : Offshore Installation, International Maritime Organization, UNCLOS, Indonesia
The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_09
Corresponding Author: marcel.hendrapati@unhas.ac.id
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
An offshore installation is built or installed for the purposes of exploration and exploitation in any part of the sea. The offshore installations that are presently in existence reflect great scientific progress in the field of marine resources. However, they become a source of concern when they are no longer in use. Due to the potential to disrupt activities conducted around their location, they interfere with navigational safety. Therefore, it is important to remove such installations. Their removal should be based on the provisions of the IMO Guidelines and Standards. Indonesia is a coastal State and should adhere to the above mentioned guidelines and standard in designing policies and regulations.
Keywords : Offshore Installation, International Maritime Organization, UNCLOS, Indonesia
The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_09
Human Rights-Based Approach to Science, Technology and Development: A Legal Analysis
Ridoan Karim & Md S. Newaz & Rafsan M. Chowdhury Faculty of Law, University of Malaya, Jalan University, 50603 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.
Corresponding Author: ridoankarim1@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The nexus between science and human rights are intertwined in many ways. Though the acknowledgment in international law have been available for decades, the right to savor the fruits of scientific advancement and its applicability has gained just small recognition of the human rights from the international community. A human rights based approach to science, technology, and development endeavors a concern for human rights at the heart of the international community facing with critical global challenges. Thus, the paper initially discusses the relevant international human rights instruments including laws, regulations, declarations, conventions and provides a thorough analysis. The doctrinal and qualitative study of the paper presents human rights approaches in order to show insight on the ethical implications of new technologies and investigate how policy can compete with briskly advancing science. The paper also recommends the international community to promote regulatory processes that can help in blocking the disputes by securing an equilibrium between human rights and science.
Keywords : Human rights, Science, ICT, Technologies, Digitalization, International law
The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_08
Corresponding Author: ridoankarim1@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The nexus between science and human rights are intertwined in many ways. Though the acknowledgment in international law have been available for decades, the right to savor the fruits of scientific advancement and its applicability has gained just small recognition of the human rights from the international community. A human rights based approach to science, technology, and development endeavors a concern for human rights at the heart of the international community facing with critical global challenges. Thus, the paper initially discusses the relevant international human rights instruments including laws, regulations, declarations, conventions and provides a thorough analysis. The doctrinal and qualitative study of the paper presents human rights approaches in order to show insight on the ethical implications of new technologies and investigate how policy can compete with briskly advancing science. The paper also recommends the international community to promote regulatory processes that can help in blocking the disputes by securing an equilibrium between human rights and science.
Keywords : Human rights, Science, ICT, Technologies, Digitalization, International law
The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_08
피드 구독하기:
글 (Atom)