The issue of whaling has been extensively debated in various international occasions since it causes a declines in many of the world’s whale population. Presently, Faroe Islands is one of the few regions in Denmark that still adamantly practiced whaling for traditional purposes, even though Denmark itself has prohibit it. This writing aims to analyze the whaling tradition in Faroe Islands from the International Law perspective. Further, to examine whether Denmark has an international obligation to end whaling activities in Faroe Islands. The method that is used in this writing is the normative legal research. The result of this analysis shows that the tradition in Faroe Islands is consistent with International Law, thus Denmark has no international obligation to end the tradition.
The South Cina Sea area is of strategic value because it is a commercially important shipping lane and is rich in resources. Therefore, this marine area becomes an arena for contesting the influence of existing countries regarding common resources. Disputes and conflicts that occur also affect the condition of fishery and the regional environment’s ecosystem so a joint effort is needed that can bridge various aspects of interest. This article discusses the concept of condominiums for optimizing fishery resources in this marine area through normative legal research using legal instruments, conceptual, and case approaches. The results showed that condominiums can 1) fulfill food security and economic development, 2) manage fishery resources and protect the marine environment, and 3) mitigate conflicts and fishing disputes. Abstrak Kawasan Laut Cina Selatan bernilai strategis tidak hanya sebagai jalur pelayaran komersil, namun juga karena kandungan sumber daya yang ada. Oleh karena itu, pemanfaatan kawasan laut ini menjadi ajang kontestasi pengaruh negara-negara yang ada di sekitar kawasan. Perselisihan dan konflik seringkali terjadi sehingga mempengaruhi kondisi lingkungan kawasan dan sumber daya perikanan. Oleh karena itu, diperlukan suatu upaya bersama yang dapat menjembatani berbagai aspek dan kepentingan. Artikel ini membahas tentang konsep Kondominium bagi optimalisasi sumber daya perikanan di kawasan ini melalui penelitian hukum normatif dengan menggunakan pendekatan instrumen hukum, konseptual, dan kasus. Hasil penelitian menunjukkan bahwa Kondominium dapat 1) memenuhi ketahanan pangan dan pembangunan ekonomi, 2) menjadi sarana pengelolaan sumber daya perikanan dan melindungi lingkungan laut, dan 3) menjadi sarana mitigasi konflik dan perselisihan penangkapan ikan.
Maritime boundaries between Indonesia and Malaysia in Ambalat have not been settled yet. This block is located on a continental shelf that is rich in transboundary reservoirs of hydrocarbons such as oil and gas. Malaysia as a coastal state wants to apply archipelagic state’s boundary, whereas Indonesia as an archipelagic state has applied for an extension of its continental shelf to the United Nations. Therefore, there is still unsettling business to be done in this area to fully utilize transboundary reservoirs in peace. This article aims to seek for way of solving the recurring conflict and utilizing transboundary reservoir in peaceful manner. This article is formulated using normative legal research based on statute, case, and conceptual approaches. This article concludes that differences between states on setting its boundaries is based on interpretation and is driven by economic value of resources, while there is opportunity to peacefully utilize transboundary reservoir by means of joint development based on international practices.
This research explains Brexit which leads to fisheries problems between United Kingdom (UK) and European Union (EU), regarding mechanism of methodology in distributing allocation of fishing quotas. This normative research uses statute, case, and comparative approach. The results shows that the problem between United Kingdom and European Union lies in the methodology of determining the amount of fishing quota through legal instruments established by the parties European Union wants to use relative stability model, whereas United Kingdom wants to use zonal attachment model Furthermore, the proposed form of solution that can be used in an effort to solve the fisheries problem between the United Kingdom and the European Union are thorugh one or more variation of zonal attachment, historical attachment, relative stability, or other mechanism (Hannesson Model).
The increased attempts to utilize moon has emerged issue relating to its sovereign status. This research attempts to compare sovereignty aspect on earth (Arctic, Antarctic, seabed) and on moon, by applying normative legal research. On Earth, several states have claimed their territories upon the Arctic and the Antarctic. However, those claims remain unresolved, and in any event, the Arctic and the Antarctic territories are still open for public. On the other hand, seabed and ocean floor have been regulated by international legal instruments that no sovereignty may be claimed upon. On Moon, several treaties and declarations have governed that no sovereignty may be claimed upon, and that any activity there must be for the peaceful purpose of mankind. Subsequently, the Arctic, Antarctic, seabed and ocean floor, and also moon have been declared as common heritage of mankind.
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