Indonesian Journal of International & Comparative Law

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Publisher:
The Institute for Migrant Rights
Publication date:
2014-03-27
ISBN:
2338-7602

Description:

As a premier Global South-based scholarly publication, The Indonesian Journal of International & Comparative Law is the first of its kind. The Journal aspires to serve as an influential international forum for scholarly analysis, that advancing leading edge debates in legal discourse and beyond. Since its first publication, it has garnered wide critical acclaim in the service of reinvigorating the reconceptualization of the law reform enterprises in beyond the Western world. By positioning itself in the vanguard of scholarship, the published viewpoints are curated from a wide range of contributors, starting from novices to multiple Pulitzer Prize winning authors. The Journal has regularly illuminated pressing legal questions across the continent, prominently cited by, among many others, the U.S. District Court Eastern District of New York in the U.S. v. Chin Chong and the U.S. Court of Appeals for the Ninth Circuit in the State of Hawaii and Ismail Elshikh v. Donald J. Trump et al. In addition to being listed as cited in many world’s eminent law journals, its unique nature has allowed the Journal’s publications to transgress the impenetrable boundaries of the academia, including the prestigious L.A. Times, Human Rights Watch’s World Report, and the American Bar Association’s India Law News.

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Latest documents

  • Interpreting Kuwait's Reformed Commercial Agency Law: Between Change and Continuity

    One of the breakthroughs in the context of Kuwait's recent commercial law reform is the elimination of the requirement for active involvement of Kuwaiti nationals in the formation of a business or commercial entity in a Kuwaiti setting. The explicitly stated aim or rationale of reforming the (Commercial) Agency Law is to eliminate the privileges granted to local agents, some of whom have caused issues which impeded the implementation of development projects due to the absence of suitable technology and unwillingness to support national projects. Supposedly, this implies Kuwait's embrace of an open economy where both domestic and foreign business entities participate without hindrance in the trade of goods and services. However, we argue that the amendments in general have failed to provide a robust legal system to protect foreign investors from the predatory practices of an irresponsible agency and signals that more comprehensive reforms to laws of commercial agency are warranted. Nonetheless, further reform must not contradict the idea of the distributive state, as the Gulf Cooperation Council (GCC) member states' autochthonous assumptions that underpin the operation of their legal systems

  • Notes on Contributors
  • Sui Generis Interpretation of Key Elements of Space Demilitarization for Ensuring Peaceful Uses

    The alleged fifth domain of warfare has surfaced difficult definitional questions, disjoint in form, but not in effect. The convergence with the development of cyberwarfare tactics, such as hacking, jamming, or spoofing, has emerged as an Achilles' heel for efforts to ensure the demilitarization of outer space. Standing on Articles III and IV of the Outer Space Treaty, the demilitarization campaign falls on antediluvian thresholds of ‘use of force' and ‘armed attack'. Neither terms, however, have been metamorphosed for application to outer space. Added to this, the prohibition on only nuclear weapons and ‘weapons of mass destruction' under Article IV of the Outer Space Treaty opens the Pandora's Box in defining ‘weapons of mass destruction' in the context of outer space. The application of our earthly understanding of ‘use of force', ‘armed attack' and ‘weapons of mass destruction' to outer space would result in disasters, the vulnerability of which can even be exposed by a centimetre-sized high velocity projectile. This paper proposes the infusion of an effects-based approach to evolutionarily interpret these three terms in a manner that acknowledges contemporary threats in outer space. The definitional infrastructure so formulated thus proposes to detach earthly modules from extraterritorial realities

  • Securing Biological Diversity: Korea's Agricultural and Forestry Genetic Resources under the Nagoya Protocol

    As biodiversity diplomacy intensifies globally, the Nagoya Protocol's Access and Benefit-Sharing (ABS) framework has transformed from an environmental treaty into a strategic arena where sovereign rights over genetic resources intersect with trade, innovation, and food security. South Korea occupies a structurally unique position in this landscape: simultaneously a major user of foreign genetic resources—particularly in its pharmaceutical and agri-food industries—and an increasingly active provider asserting sovereignty over its own biological heritage. This dual identity creates both vulnerabilities and strategic opportunities that have been insufficiently examined in existing scholarship. This paper argues that South Korea's domestic implementation of the Nagoya Protocol, anchored in the 2017 Genetic Resources Act, reflects a cautious but evolving approach to biological sovereignty—one that prioritizes procedural compliance over proactive resource stewardship, identifying three critical gaps: the underutilization of indigenous species as ABS assets, the absence of a coherent framework for Traditional Knowledge (TK) protection, and inadequate pre-emptive monitoring against bio-piracy. Ultimately, we contend that closing these gaps is not merely a matter of legal compliance but is essential for Korea to leverage its biological resources in service of long-term biodiversity conservation and sustainable development

  • Notes on Contributors
  • The Middle Eastern Conception of Civil Procedure: The Translation of the Principle of Concentration and Sustainable Diversity in Law

    In this paper, we argue that Middle Eastern civil procedure is a form of "legal translation". This theory of legal change is premised on the assumption that the meaning of the law changes as it migrates from one context to another. To exemplify this point, we focus on the change of meaning behind the principle of concentration of means of defense in civil litigation procedures, or "the principle of concentration". The principle of concentration constitutes a fundamental tenet of civil procedural law, aimed at optimizing the judicial process and facilitating the prompt resolution of disputes

  • Houthis in Cahoots with State Actors: Accounting for Violations of International Law

    This article focuses on the Yemen Houthis' attacks on the Red-Sea seafaring vessels and Israel, which have had a tremendous impact on international maritime trade as well as international peace and security, and it investigates the plausibility of accountability for the non-state actors (the Houthis) as well as their state sponsors (particularly Iran and Russia)

  • International Human Rights Law, Statelessness, and the Right to A Nationality in Africa

    In February 2024, the Assembly of States and Government of the African Union adopted the Protocol to the African Charter on Human and Peoples' Rights Relating to the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa ("African Nationality Protocol"). The U.N. Refugee Agency endorsed this Protocol and noted that statelessness is a global problem that affects many people and that those affected are often not recognized as citizens of any country. As a consequence, these stateless persons are not able to participate fully and effectively in the economic and political life of their communities, nor are they able to access basic rights and services, such as basic education and health care. In addition, they are usually vulnerable to discrimination, exploitation and abuse

  • Unveiling the Conxceptual Dimension of the Kuwaiti Procedural Framework on Limiting Debtors' Freedom of Movement: A Study in Fidelity to Comparative Context

    In spite of its nature as a primarily procedural legislation and hence devoid of any explicit philosophical assumptions, this paper argues that the Kuwaiti procedural framework on limiting debtors' freedom of movement is also part of the nation's entrenched vision of human flourishing. In other words, the main objective of this paper is not merely to produce an articulation of the explicit meaning of a statutory law, namely Kuwait's procedural framework

  • Notes on Contributors

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