Type

Passage Through Indonesian Waters on Routes Used for International Navigation

Indonesia is the world’s largest and most important archipelagic State. Because it sits as the fulcrum between the Pacific Ocean and the Indian Ocean, passage through and over the Indonesian archipelago is critically important to naval powers and maritime commerce. Indonesia played a significant role in negotiating the modern law of the sea, especially the …

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The Necessity of Indonesia’s Measures to Sink Vessels for IUU Fishing in the Exclusive Economic Zone

Indonesia has been burning or sinking foreign vessels in its efforts to combat illegal, unreported, and unregulated fishing in its exclusive economic zone. Opinions on how much longer this measure should continue are manifold. While political issues may easily mask the situation, the underlying legal question remains: whether burning or sinking foreign vessels is a …

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The Legal Authority of ASEAN as a Security Institution

The Association of Southeast Asian Nations (ASEAN) has achieved deeper regional market integration to lay a socio-economic foundation for the development of a regional community, yet inter-state trust is by no means assured as Southeast Asian nations remain steadfast in maintaining their political regime stability against external interference. However, through its institutional practices, ASEAN has …

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ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges

This is the first Western-language research monograph detailing significant developments in consumer law and policy across the Association of Southeast Asian Nations (ASEAN), underpinned by a growing middle class and implementation of the ASEAN Economic Community from 2016. Eight chapters examine consumer law topics within ASEAN member states (such as product safety and consumer contracts) …

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Regional Organizations

This chapter examines the relationship that Asia-Pacific regional and sub-regional organizations have with international law, looking at seven international organizations that span the region. It is commonly believed that the member states of Asia-Pacific regional organizations prefer less formalized institutions and fewer binding commitments. Conventional reasons for this include their history of colonialism, less legalistic …

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Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute

While the free cross-border movement of data is essential to many aspects of international trade, several countries have imposed restrictions on these data flows. The pre-internet rules of the World Trade Organization (WTO) discipline some of these restrictions, but they are insufficient. Unfortunately, so are the electronic commerce chapters in modern preferential trade agreements. This …

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Comparing Ocean Policy Developing Processes in Viet Nam and Malaysia: Lessons Learned and Way Forward

The oceans and seas are significant for the sustainable future development of countries in the Southeast Asian region. Efforts to achieve comprehensive management and sustainable development are underway and international agreements such as the United Nations Convention on the Law of the Sea (UNCLOS) and other regional and international initiatives are part of these efforts. …

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