Uti Possidetis: Journal of International Law

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

Adhitya Nini Rizki Apriliana — Wed, 19 Jun 2024 00:00:00 +0700

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?

Nana Selviana, Fatma Muthia Kinanti, Budi Hermawan Bangun, Arsensius Arsensius — Fri, 28 Jun 2024 00:00:00 +0700

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

Nyimas Sheila Luthfiah, Yu Un Oppusunggu — Sat, 29 Jun 2024 00:00:00 +0700

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?

Vanhar Camal Pasha, Novianti Novianti, Rahayu Repindowaty Harahap — Sat, 29 Jun 2024 00:00:00 +0700

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

The Lion Air JT610 Crash Due to Lack of Pilot Training: Is There Responsibility for Indonesia?

Amalina Ghaisani, Sefriani Sefriani, Alya Ananda Safitri — Thu, 11 Jul 2024 00:00:00 +0700

This research analyses international law, specifically in the realm of international aviation law. This research aims to determine whether Indonesia is responsible for the crash of Lion Air JT610 that happened on October 29, 2018. The accident was also followed five months later by the crash of Ethiopian Airlines ET302 on March 10, 2019. Both crashes involved the Boeing 737 MAX 8 and were linked to inadequate pilot training on the new Maneuvering Characteristics Augmentation System (MCAS). Using the normative legal research with statutory and case approach, the findings proved that besides its responsibility as a regulator, Indonesia is only responsible for issuing the airworthiness certificate, supervision, and investigation. On the other hand, the responsibility to ensure the maximum level of flight safety remains in the hands of the manufacturer company, including conducting pilot training and providing information regarding the new system.

How Indonesia and Thailand Transform International Law: A Study of Access and Benefit Sharing

Retno Kusniati — Mon, 15 Jul 2024 00:00:00 +0700

This paper addresses the transformation of international law, The Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access and Benefit Sharing (NP), into national law. Those convention and protocol have established an Access and Benefit Sharing (ABS) system between utilizers and providers of genetic resources, including for indigenous people. One of the objectives of treaties it to obligate States to make law to ensure the rights of indigenous people for benefit sharing. Indonesia and Thailand are megadiversity countries and also the parties of the treaties. This paper tries to compare Indonesia and Thailand in transforming the ABS law into their national legal system and how the judges in Indonesia and Thailand use international treaty in deciding the cases. CBD is the starting point of the ABS concept for legal rights or interests that can be owned in relation to genetic resources. In this sense ABS is one of the new and innovative legal concepts introduced in international law. However, the CBD has only created a concept of ABS rights policy. Therefore, the concept of ABS rights of indigenous peoples needs to be formulated in national law by enacted the rights of indigenous peoples related to genetic resources.