Uti Possidetis: Journal of International Law

Legal Status of Climate Refugees: Is it Regulated in International Law?

Azmi Julifa Wattiheluw, Arman Anwar, Popi Tuhulele — Fri, 11 Oct 2024 00:00:00 +0700

This paper analyses the phenomenon of climate refugees, people who migrate due to climate crisis in their home country and the determination of their legal status, rights, and protection within the international law legal framework. International law defines refugees as someone who is forced to leave their country due to persecution, war, or violence. Refugees have a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group. The presence of climate refugees encourages an additional priority for those who are forced to leave their home country due to the climate crisis. This paper uses the normative legal research method to examine the International Law Instruments, books, theses, article, journals, websites, legal dictionaries, and encyclopedias, which are collected through normative qualitative legal analysis. The paper finds that there are several international legal arrangements that may provide protections for the climate refugees based on the context of human rights, where the climate refugees legal status are equalised as the refugees defined in the 1951 Refugee Convention.

Forced Displacement and Blockade Reviewed From International Humanitarian Law: A Case Study of the Humanitarian Attacks in Rafah

Fadhli Muhaimin Ishaq — Sun, 20 Oct 2024 00:00:00 +0700

This paper discusses the forced displacement regulated by the Geneva Conventions of 1949 and the use of blockades as a wartime strategy under international humanitarian law. The purpose of this paper is to analyze how forced displacement and the use of blockades as wartime strategies have been applied in the humanitarian incident in Rafah. This study employs normative research methods with case and legislative approaches. The paper finds that forced displacement can also be categorized as genocide if accompanied by the intent to destroy a particular group. The case in Rafah illustrates a clear violation of humanitarian law, where Israel forced Palestinians to flee, violating Article 49 of the Geneva Convention and potentially prosecutable by the ICC. A blockade is a wartime strategy that restricts access to an area, weakening defenses by cutting off supplies of food and medicine. Although permitted by international law, the implementation of a blockade must be declared, effective, impartial, and respect the rights of neutral states. However, blockades are often misused and result in human rights violations

The Hell-or-High-Water Clause in Aircraft Leasing Contract: UNIDROIT Principles and the Indonesian Civil Code

Ahmad Adib Karami, Prita Amalia, Purnama Trisnamansyah — Sun, 20 Oct 2024 00:00:00 +0700

This research analyses the hell-or-high-water clause in aircraft leasing contracts in the context of the principle of freedom of contract. Focusing on the review of the principle of freedom of contract based on UNIDROIT Principles of International Commercial Contract (UPICC) 2016 and Indonesian Civil Code, this research uses normative juridical method with analytical descriptive approach. The findings show that the hell-or-high-water clause has a high binding force, providing legal certainty, especially for the lessor. However, its application must be in line with the principle of freedom of contract regulated in UPICC 2016 and the Civil Code. The application of this clause is suggested to consider three limitations stipulated by the UPICC 2016: first, the principle of freedom of contract that allows businesses to choose partners and transaction terms; second, the exclusion of certain sectors in the public interest by the state; and third, mandatory rules that limit the content of the contract. Therefore, the hell-or-high-water clause should be applied with due regard to the implementation of the principle of freedom of contract as well as national law or the existence of compelling national regulations.

Illegal Wildlife Trade in Bangladesh and India: A Study of Comparative Law

Anika Nower Suvra, Morshed Hossain Ontar — Tue, 22 Oct 2024 00:00:00 +0700

Poaching of wildlife and misuse of plant habitats were considered one of the local, small-scale activities carried out by opportunists or miscreants for the purpose of illegal trade or smuggling of certain species. However, the irony is that over the past few decades. It has progressively become a major contributor to illegal trade with a hotspot for serious crimes" including those involving wild animals. Wildlife trafficking has become a serious threat to ecosystem conservation, putting species at risk of extinction and causing loss of biodiversity. The main objective of this work is to ensure that Bangladesh's legal framework is compatible with international regimes, particularly in preventing wildlife trafficking. Additionally, the study undertook systematic research to assess Bangladesh's commitments, performance, and limitations and compare them with the situation in India. Bangladesh is classified as a riparian country under IUCN Red List criteria IV and V. The study reviewed books, journals, research articles, supplements, news, and analysis on both substantive and ancillary national laws, beyond the Wildlife Crime Convention, providing a comprehensive set of legal rules and principles governing interactions between traffickers and species.

The Right to Education in the Convention on the Rights of Persons with Disabilities: How is it Implemented in Indonesia?

Satria Aji Santosa — Fri, 25 Oct 2024 00:00:00 +0700

This paper analyses the rights to education for persons with disabilities in Indonesia according to the existing national law and the Convention on the Rights of Persons With Disabilities. It is found that the persons with disabilities are still experiencing ambiguity when it comes to the implementation of their rights to education in Indonesia. This paper concludes that the form of protection of the rights for persons with disabilities to obtain education in Indonesia has not met the criteria set by the Convention on the Rights of Persons With Disabilities because there are still differences in access to education for persons with disabilities in Indonesia. The Indonesian government is suggested to implement the rights to education for persons with disabilities equally and non-discriminatory by ensuring an inclusive access to education and providing special educational facilities for persons with disabilities as regulated in legislation and the Convention on the Rights of Persons With Disabilities.

Conception of The Precautionary Principle in International Environmental Law: Ecosystem or Humanity?

Dony Yusra Pebrianto, Akbar Kurnia Putra, Budi Ardianto — Wed, 04 Dec 2024 00:00:00 +0700

This paper discusses the concept of the precautionary principle as a bridge between the dichotomy of ecosystem protection and human safety. A pertinent example is the proposed evacuation road in Kerinci, which has yet to receive permission due to its planned route through Kerinci Seblat National Park. The issue is analyzed using a normative approach. The research concludes that the precautionary principle establishes a balance between the objectives of ecosystem safety and human safety as a fundamental right. Therefore, the state must not neglect its responsibilities and should maintain oversight of all policies, ensuring that prior decisions are guided by stringent risk analysis. This approach emphasizes the importance of integrating ecological considerations into development policies, ultimately aiming for sustainable coexistence between human needs and environmental preservation.