Indonesian Journal of International & Comparative Law

Issue Number

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

Featured documents

• International Law and Child Marriage in Africa

  In recent years, civil society organizations in many countries around the world, as well as international organizations, such as UNICEF, have redoubled their efforts to end child marriage, prevent girls from marrying too young, and provide support for those girls that were already married as...

• Mapping Law & Development

  This paper presents an overview of the emergence and evolution of the concept and field of Law and Development. The concept of Law and Development covers a variety of aspects. These aspects acquire different meanings depending on different criteria and approaches. It depends on the geographical...

• The Promise of the New Swiss Asylum Procedure Model: Current International Protection in (E.U.)rope

  Since its establishment, the Common European Asylum System tries to regulate asylum and related issues commonly within the E.U. territory. This paper focuses mainly on the current challenges as a result of misinterpretation of the international principles and norms in the E.U. law concerning the...

• Legal Analogy as an Alternative to the Deductive Mode of Legal Reasoning

  This article demonstrates the inadequacy of legal deduction as a method that guarantees the certainty and predictability of law and its outcomes in concrete instances. Inter alia, it brings our attention to the far smaller role that the deductive pattern of inference plays in legal thought than one ...

• The Legal Status of the State of Israel: A Libertarian Approach
• Islamic Hamas and Secular Fatah: How Does the Governing Process Work?

  The goal of the Palestinians in their conflict with Israel is to gain national self-determination through a two-state solution. To accomplish this goal it is necessary for the Palestinians to create a singularly viable governing system in order to negotiate with Israel as a "partner for peace". We...

• Your 'Liberation,' My Oppression: European Violation of Muslim Women's Human Rights

  The freedom of religion and the right to individual autonomy are cornerstones of any democratic society. However, many countries violate these values under the guise of human dignity, equal rights, and cultural integration. I argue that these violations began with the face-veil ban in France and...

• The Broken Rules of Armed Conflicts and the U.N.'Constrains in Syrian Conflict

  In recent times, Syria has come under intense public scrutiny. This is not unconnected with the wholesome atrocities committed against the civilian population and individuals who have become hors de combat in the ongoing Syrian war. Several cases of grave violations of international humanitarian...

• Teaching Comparative Contract Law through the CISG

  The author submits that the 1980 United Nations Convention on the International Sale of Goods (the "CISG") serves as an effective tool to teach and learn comparative contract law. This work attempts to contribute to the scholarship and teaching of comparative contract law by unveiling the CISG as a ...

• Borderline Reasonable: The Circuit Split and the Application of Miranda Rights

  Miranda v. Arizona requires that an individual in custody "be warned prior to any questioning" that he or she has the right to remain silent, anything he or she says can be used against that individual in a court of law, that he or she has the right to the presence of an attorney, and, if the...