Uti Possidetis: Journal of International Law

Through the Reactive to Proactive Thinking: Foresight of the AUKUS Agreement Rational Practice in the Indo-Pacific

2024-05-15T21:31:43+07:00

The AUKUS security pact between Australia, the UK, and the US, aimed at promoting prosperity in the Indo-Pacific has successfully generated significant attention. This alliance, rooted in the shared history of these powerful nations, includes the development of nuclear-powered submarines and enhanced underwater capabilities. The rise of China, particularly its actions in the South China Sea, has created tension in the region and presented a dilemma for ASEAN. The emergence of AUKUS has raised questions about its impact on ASEAN's role and whether the pact is intended to contain China. Some perceive AUKUS as a challenge to ASEAN centrality, potentially undermining the organization's ability to maintain stability and cooperation in the region. This research, using both legal and conceptual analysis, finds that AUKUS is not designed to directly confront China militarily. While AUKUS acknowledges the challenges posed by China's growing influence, it emphasizes a commitment to a free and open Indo-Pacific through cooperation rather than confrontation. This finding should reassure ASEAN and reduce concerns about the pact's destabilizing potential. Instead of viewing AUKUS with apprehension, ASEAN should explore ways to engage with the pact to address shared concerns and promote regional stability.

Organ Trafficking Crime in Indonesia: How is it Implemented and Regulated According to International Law?

2024-06-07T09:39:37+07:00

This research discusses the implementation of the United Nations Convention against Transnational Organized Crime regarding organ trafficking in Indonesia by adopting a normative juridical approach to analyse international legal instruments, particularly UNTOC, and Indonesia's national legal regulations following the ratification of UNTOC by Indonesia, including the Indonesian Criminal Code, the Human Trafficking Law, and the Health Law. This research observes primary, secondary, and tertiary data sources. The research findings indicate that UNTOC is applicable to eradicate human organ trafficking in Indonesia. However, its implementation in Indonesia still faces challenges, particularly in the scope of law enforcement and public awareness. This study emphasises the importance of human rights protection, careful clinical evaluation, and transparency in reporting data related to organ transplantation. Moreover, this study suggests to increase international cooperation, strengthen law enforcement, victim protection, and to enhance public awareness to combat the wrongful act of organ trafficking. Also, national regulations and public education must be strengthened to improve the efforts against transnational organized crime.

Implications of WTO DSB Panel Ruling on Imbalance of Power between WTO Member States

2024-06-09T09:21:07+07:00

Liberalization of trade, ease of market access and freer trade are one of the objectives from the establishment of World Trade Organization (WTO). Free and regulated trade can be achieved by having WTO as an international trade organization that regulates the trade-related of goods and services. International trade activities, however, have the tendency to generate disputes. WTO serves not only as an international trade organization but also as a choice of forum in settling trade disputes. Dispute settlement mechanism through WTO is conducted by using the Dispute Settlement Understanding (DSU) which contains the rules regulating the settlement procedures through WTO. WTO rulings are adopted by Dispute Settlement Body (DSB) and legally binding the disputing parties. Albeit the recommendations or rulings bind the parties, non-compliance on the rulings are susceptible to occur. More likely if the disputes are involving developing countries with the proclivity of having weak dispositions in international trade relations.

Keywords: DSB; DSU; developing countries; retaliation; WTO

Myanmar Military Coup: Can ICCPR Protect Civil Society?

2022-09-05T08:20:23+07:00

This study aims to find out how the International Convention On Civil And Political Right protects Myanmar Civil Society in the Myanmar Military Coup Case and how the legal protection for Myanmar civil society against conflicts that occur in the region. This research is a normative legal research. With a statute approach, case approach and conceptual approach. Based on research, that in the convention on civil and political rights there are provisions that regulate and guarantee the rights of civil society, but the rights of civil society in Myanmar are not guaranteed due to the coup conflict and the struggle for power in the country. This shows that the convention on civil and political rights has not optimally guaranteed the protection of the rights of civil society. As well as how ASEAN's role in resolving conflicts carried out by the Myanmar military against Myanmar's civil society. The forms of protection of Myanmar's civil society are contained in the existing rule of law and if there is a problem, this problem is resolved at the Summit or ASEAN Summit level