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All Journal Media Iuris Indonesian Journal of International Law terAs Law Review: Jurnal Hukum Humaniter dan HAM
Nilam Andalia Kurniasari
Departemen Hukum Internasional, Fakultas Hukum Universitas Airlangga, Surabaya
Law, Crime, Criminology & Criminal Justice Social Sciences

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Connecting Indonesia’s Maritime Cabotage and the 1982 United Nations Convention on the Law of the Sea Kurniasari, Nilam Andalia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1721.475 KB)

Abstract

On 7 May 2008, Indonesia enacted Law 17/ 2008 on Shipping (Shipping Act) which substituted Law 20/1992 on Shipping. In the new Shipping Act, maritime cabotage is scheduled to take its full effects on 7 May 2011, exactly three years after its enactment. By the scheduled time, domestic seaborne transportation in Indonesian territorial waters shall be carried out by Indonesian shipping companies, using Indonesian-flagged vessels manned by Indonesian citizens. As a result, foreign flagged vessels will be excluded from transporting goods and/or passengers between islands or ports within Indonesian territorial waters. Among the important reasons for the implementation of this principle are the sovereignty and protection of domestic shipping industry as well as Indonesia national security issues. This paper will argue that implementing maritime cabotage does not contradict any provisions in the 1982 UNCLOS. It will also show that maritime cabotage and the 1982 UNCLOS are closely related although this principle is not in the convention. The 1982 UNCLOS will advise Indonesia on the limit of its territorial waters, and thus where this largest archipelagic state in the world can exercise its maritime cabotage policy.
ICRC AND ITS SHIPS: LEGAL STATUS, IMMUNITIES AND PRIVILEGES FROM THE PERSPECTIVE OF INTERNATIONAL LAW Enny Narwati; Dina Sunyowati; Lina Hastuti; Nilam Andalia Kurniasari
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 1 No. 1 (2019): terAs Law Review
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (267.814 KB) | DOI: 10.25105/teras-lrev.v1i1.6099

Abstract

This paper analyses the legal status of two matters from the perspective of International Law which are the International Committee of the Red Cross (ICRC) and the ships’ used by the organization by employing qualitative methods through interview with some key personnel of the ICRC Indonesia and the Indonesian Navy. This study shows that the ICRC is not a public inter-governmental organization and cannot be deemed as one. However, ICRC is a subject of International Law thus, this give the organization international legal personality and immunity. Regarding the legal status of the ships used by the organization to carry out its duty, this paper conclude that they are considered as private vessels. Therefore, they do not possess immunity and privileges bestowed by International Law. Nevertheless, they are protected by International Law. Keywords: ICRC, International Legal Personality, Legal Status, Privileges and Immunities, Status of Ships
The Impact of The Right to Food on International Trade in The Russia-Ukraine War Ahmad Yahaya Abdurrahaman; Nilam Andalia Kurniasari
Media Iuris Vol. 6 No. 3 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i3.43722

Abstract

Many discussions about the Right to Food (RTF) and international trade have concluded that international trade has always aided in realizing the RTF. This is reflected in the FAO’s 2004 Right to food Guidelines. It emphasized the importance of international trade in promoting global economic growth and food security, as well as the commitment of states under the WTO Agreement on Agriculture to avoid market restrictions and distortions. The narrative has shifted with the advent of the Russian-Ukraine War. Ukraine and Russia supplied a quarter of the world’s grain before the war. Russia’s blockade of Ukraine’s Black Sea ports has prevented the country from realizing its export potential, contributing to a global food crisis, raising food prices, and putting pressure on global trading systems. Despite sanctions that further restricted international trade, Russia remained defiant until the Black Sea Grain Initiative emerged. This article examined the inter-legal links between the RTF and other fundamental rights, making it indispensable in international trade, humanitarian, and maritime law. The doctrinal legal research method is adopted to analyze the legal position and propositions underlying this topic in the context of the Russia-Ukraine war. The author finds that the state’s duty to respect, protect, and fulfil the RTF is a powerful tool for ensuring international peace and economic order. The work further draws on the Black Sea Grain Initiative to demonstrate that global trade can be preserved and revitalized by promoting the RTF. In conclusion, the article suggests improving and expanding this initiative while submitting that despite being viewed as a partial solution to risks posed by the war, the humanitarian agreement has provided eternal hope of encouraging states to explore diplomatic channels towards future crises, given their commitment to protecting the RTF and freedom from hunger.
Co-Authors Ahmad Yahaya Abdurrahaman Dina Sunyowati Enny Narwati Lina Hastuti