Sovereignty and the Sea

How Indonesia Became an Archipelagic State
Author: John G. Butcher,R.E. Elson
Publisher: NUS Press
ISBN: 9814722219
Category: History
Page: 560
View: 7115

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Until the mid-1950s nearly all the waters lying between the far-flung islands of the Indonesian archipelago were as open to the ships of all nations as the waters of the great oceans. In order to enhance its failing sovereign grasp over the nation, as well as to deter perceived external threats to Indonesia’s national integrity, in 1957 the Indonesian government declared that it had “absolute sovereignty” over all the waters lying within straight baselines drawn between the outermost islands of Indonesia. At a single step, Indonesia had asserted its dominion over a vast swathe of what had hitherto been seas open to all, and made its lands and the seas it now claimed a single unified entity for the first time. International outrage and alarm ensued, expressed especially by the great maritime nations. Nevertheless, despite its low international profile, its relative poverty, and its often frail state capacity, Indonesia eventually succeeded in gaining international recognition for its claim when, in 1982, the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” and declared that these states had sovereignty over their “archipelagic waters”. Sovereignty and the Sea explains how Indonesia succeeded in its extraordinary claim. At the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats. Largely because of their dogged persistence, negotiating skills, and willingness to make difficult compromises Indonesia became the greatest archipelagic state in the world.

Indonesia Beyond the Water's Edge

Managing an Archipelagic State
Author: R. B. Cribb,Michele Ford
Publisher: Institute of Southeast Asian Studies
ISBN: 9812309853
Category: Political Science
Page: 247
View: 619

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Indonesia is the world's largest archipelagic state, with more than 18,000 islands and over 7.9 million square kilometres of sea. The marine frontier presents the nation with both economic opportunities and political and strategic challenges. Indonesia has been affected more than most countries in the world by a slow revolution in the management of its waters. Whereas Indonesia's seas were once conceived administratively as little more than the empty space between islands, successive governments have become aware that this view is outmoded. The effective transfer to the seas of regulatory regimes that took shape on land, such as territoriality, has been an enduring challenge to Indonesian governments. This book addresses issues related to maritime boundaries and security, marine safety, inter-island shipping, the development of the archipelagic concept in international law, marine conservation, illegal fishing, and the place of the sea in national and regional identity.

Russian Approaches to International Law


Author: Lauri Mälksoo
Publisher: Oxford University Press, USA
ISBN: 0198723040
Category: History
Page: 225
View: 5702

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Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia

Treaties on Transit of Energy via Pipelines and Countermeasures


Author: Danae Azaria
Publisher: OUP Oxford
ISBN: 0191026867
Category: Law
Page: 400
View: 7249

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This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit states responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit states interruptions of transit.

Pedra Branca

The Road to the World Court
Author: S. Jayakumar,Tommy Thong Bee Koh
Publisher: NUS Press
ISBN: 9789971694579
Category: Business & Economics
Page: 195
View: 4443

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This book is about the territorial dispute between Malaysia and Singapore over Pedra Branca, a small but strategically located island near the entrance to the Straits of Malacca. It describes how the two countries managed the dispute over three decades until final resolution by the International Court of Justice in May 2008. The two authors, who were personally involved in the case, recount the many twists and turns in the dispute as well as behind the scenes political and diplomatic manoeuvres. At a time when Asia still has numerous unresolved territorial disputes, the book would be of great interest to scholars, academics and practitioners in politics, international relations, history, diplomatic and legal circles.

International Law and Drone Strikes in Pakistan

The Legal and Socio-political Aspects
Author: Sikander Ahmed Shah
Publisher: Routledge
ISBN: 1134074271
Category: Law
Page: 247
View: 8974

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While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.

Towards an International Law of Co-progressiveness, Part II

Membership, Leadership and Responsibility
Author: Sienho Yee
Publisher: Martinus Nijhoff Publishers
ISBN: 9004289224
Category: Law
Page: 400
View: 5571

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Centered around the international law of co-progressiveness, an all-encompassing and progressive law, this volume explores membership, leadership and responsibility in the international system and how these matters reflect and inform that law.

Chinese Contemporary Perspectives on International Law

History, Culture and International Law
Author: Xue Hanqin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236139
Category: Law
Page: 288
View: 4570

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Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

Fact-Finding before the International Court of Justice


Author: James Gerard Devaney
Publisher: Cambridge University Press
ISBN: 1316720896
Category: Law
Page: N.A
View: 4735

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Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

The Judicial System and Reform in Post-Mao China

Stumbling Towards Justice
Author: Dr Yuwen Li
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472436075
Category: Law
Page: 336
View: 3474

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This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Figures of Criminality in Indonesia, the Philippines, and Colonial Vietnam


Author: Vicente L. Rafael
Publisher: SEAP Publications
ISBN: 9780877277248
Category: Social Science
Page: 258
View: 9748

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A complex examination of "criminality" and "the criminal" as constructs and active presences in Southeast Asia. Contributors explore such themes as surveillance, incarceration, law and custom, secrecy, and corruption. A fascinating study of power and subversion in the modern postcolonial nation-state. Contributors include Daniel S. Lev, Henk M. J. Maier, Rudolf Mrazek, James T. Siegel, and others.

International Environmental Law and the Global South


Author: Shawkat Alam,Sumudu Atapattu,Carmen G. Gonzalez,Jona Razzaque
Publisher: Cambridge University Press
ISBN: 1107055695
Category: Law
Page: 656
View: 8007

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Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.

Indonesia’s Delimited Maritime Boundaries


Author: Vivian Louis Forbes
Publisher: Springer
ISBN: 3642543952
Category: Political Science
Page: 266
View: 5196

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This book examines the delimited maritime boundaries of Indonesia with its neighbours. It features carefully drawn maps based on the geographical coordinates of the defined maritime boundaries; the reproduction of a complete set of the primary documents with direct relation to the boundaries; and a comprehensive narrative on the geography and the historical development of the archipelagic State. Indonesia has an immense maritime domain that encompasses much of the sea between Australia and the Asian mainland. In addition, Indonesia is itself made up largely of water: in excess of 17,000 islands, Indonesia’s archipelagic and territorial waters together form about three-fifths of the country’s sovereign territory. This book offers readers clear, accessible information on the maritime boundaries of the world’s largest archipelagic state.

Maritime Security and Indonesia

Cooperation, Interests and Strategies
Author: Senia Febrica
Publisher: Routledge
ISBN: 113489175X
Category: Political Science
Page: 246
View: 7960

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Indonesia is the largest archipelago state in the world comprising 17,480 islands, with a maritime territory measuring close to 6 million square kilometres. It is located between the two key shipping routes of the Pacific and Indian Ocean. Indonesia’s cooperation in maritime security initiatives is vitally important because half of the world’s trading goods and oil pass through Indonesian waters, including the Straits of Malacca, the Strait of Sunda and the Strait of Lombok. This book analyses Indonesia’s participation in international maritime security cooperation. Using Indonesia as a case study, the book adopts mixed methods to assess emerging power cooperation and non-cooperation drawing from various International Relations theories and the bureaucratic politics approach. It addresses not only the topic of Indonesia’s cooperation but also engages in debates across the International Relations, political science and policy studies disciplines regarding state cooperation. Based on extensive primary Indonesian language sources and original interviews, the author offers a conceptual discussion on the reasons underlying emerging middle power participation or non-participation in cooperation agreements. The analysis offers a fresh perspective on the growing problems of maritime terrorism and sea robbery and how an emerging power deals with these threats at unilateral, bilateral, regional and multilateral levels. The book fills a significant gap in literature on Indonesian foreign policy making in the post-1998 era. It provides the first in-depth study of Indonesia’s decision making process in the area of maritime security and will thus be of interest to researchers in the field of comparative politics, international relations, security policy, maritime cooperation, port and shipping businesses and Southeast Asian politics and society.