Enny Narwati
Fakultas Hukum Universitas Airlangga Surabaya

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Journal : Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada

ATURAN PERANG DI LAUT: SAN REMO MANUAL SEBAGAI SUMBER HUKUM INTERNASIONAL Enny Narwati
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.08 KB) | DOI: 10.22146/jmh.16287

Abstract

Law of naval warfare did not develop since Den Haag Convention in 1907. In 1994, international community was succeeding in making a regulation on naval warfare, which could be used by countries, which did naval warfare. That regulation called San Remo Manual. This Manual was prepared by famous international law scholars and members of navy around the world, in their individual capacity. The making of this Manual can be done with fully supported from International Institute of International Humanitarian Law and International Committee of the Red Cross. However, in international law, San Remo Manual does not have law enforcement and can not be the source of international law if there are armed conflicts between states in naval warfare. In order to be categorized as the source of international law, this manual should be in the form of an international convention or until all of the regulation in this Manual becomes an international customary law.
THE PRINCIPLE OF NEUTRALITY AT SEA AFTER UN CHARTER AND UNCLOS 1982 Enny Narwati
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 29, No 3 (2017)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (459.081 KB) | DOI: 10.22146/jmh.24721

Abstract

The purpose of this paper is to analyze an implementation of neutrality principles at sea in time of armed conflict. It because the law of neutrality at sea has not progressed and seem stagnant since 1907 on the Hague Convention. Indeed, the UN Charter and UNCLOS 1982 set up significant developments on international law. On the other hand, there still found a lack of rules available in particular area, therefore international community provide San Remo Manual 1994. The San Remo Manual created based on the Hague Convention of 1907, the UN Charter, UNCLOS 1982, other international treaties and customary international law. To conclude, that the law of neutrality at sea should respected the sovereignty of neutral countries