Article I
Meaning, term limits and International Law
1. International Law (definition and limitation)
What is meant by the term in international law in this discussion is a public international law , we have to be differentiated from international law.
International law is the overall rules and basic laws governing civil relationships across the country.
Public international law is the overall rules and basic laws governing the relationship or issues that cross national borders (international relations) are not civil in nature.
From the description above it appears the similarities and differences between public international law and private international law. The similarity is that both are set or relationship issues that cross national borders (international). The difference lies in the nature of the legal relationship or the question of the regulation (the object).
What is clear is that the problems of international relations and thus does not constitute a civil matter, so it is not also a question of a relationship or a set of private international law. This is why we limit the negative more accurately reflect the reality of today's international relations. Indeed, there are times when the boundaries between relationships or matters of private international law suklar pub pulled firmly, so that no scholars who propose that the difference was eliminated and was used only another term.
2. The term of International Law
In addition to the terms of international law, people also use the term law of nations, international law or international law for the law in question.
The term international law does not contain any objection, because even according to the words of international origin he has been synonymous with the prevalence among men, for all things or events that crossed the borders of a country.
The law of nations will be used to show the customs or rules (laws) that apply in the relations between the kings of old, when the relationship is good because so rare and because of the nature of the relationship, can not be said to represent the relationship between the members of a community of nations.
International law or international law will be used to refer to complex rules and principles governing relations between members of the community of nations or countries as we know it since the emergence of the state in its modern form as a national state.
3. Form a particular embodiment International Law (Regional and International Law International law special (special)).
In studying international law, we will encounter some of the manifestations or patterns of development occur in a particular part of the world (region) specific.
Thus, it can be said that in addition to generally accepted international law (general), there are also regional international law, which limited the environmental occurrence, such as what is commonly called international law or international law american latin america.
The existence of various regional institutions, international law so due to special circumstances are part of that world. Although distorted, regional international law it should not conflict with the generally accepted international law. even sometimes an institution or a legal concept that first emerged and grew as a concept of regional or international legal institution, then accepted as part of general international law.
Thus regional international law can provide a valuable contribution to international law truly universal.
Another embodiment form of special international law, in addition to regional international law, we meet in the form of complex rules that specifically apply to certain countries, such as the European Convention on human rights.
Some form of special international law that has been described above is a reflection of the situation, needs, level of development and level of integration varies from different part of the international community.
Therefore, the provisions of international law specifically regional and international law, although it can be distinguished from public international law because it has special characteristics, is begian inseparable from general international law.
4. International law and the law of the world
In an effort to clarify the meaning of international law, should also be submitted presumably differ from the legal sense of the world these days people put into service.
The second shows the meaning of the concept of the rule of law diverse world community base of departure. Definition of international law based on the idea of an international community that consists of a number of sovereign States and their (independent) in the sense that each one does not stand alone at the mercy of others. In other words, international law is a legal order of coordination between the equal members of the international community. Members of the public international law subject under international law as a legal order that they receive basic funding as a norm that binds the relationship between them. The law stems from the basic mindset of the world to another.
According to this concept, which apparently influenced the analogy with constitutional law, the law of the world is kind of the world that includes all countries in the world. The hierarchy of the world stands on national states. World legal order based on the concept of subordination is a legal order.
CHAPTER II
Public and International Law
1. The presence of the international community as a sociological basis of international law
a. The existence of an international community
Because of the international community in a country different from the world is the coexistence of nations free and equal, the first element that must be proven is that a number of countries in the world.
The existence of a large number of countries in this world is a reality that can not be denied again and clear to everyone that concern everyday life. The number of countries in today's world, more than one hundred countries. However, the existence of a large number of countries does not mean that there is an international community. First of all must also be given a fixed relationship between the members of the international community, when their country was living isolated from one another. The existence of a permanent relationship and continuous way, is also a reality that can not be denied again.
Mutual need between nations in various fields of life that resulted in regular contact and ongoing ab = mong the nations also caused the emergence of the importance to maintain and manage the relationship so.
To order, manage and maintain international relations is needed to ensure legal certainty necessary element in any orderly relationship. Relations between people or groups of people who are members of national or state bonds of different relationships that may constitute indirect or officially made by officials of the State's conduct negotiations on behalf of the State and formalize the agreement reached in the agreement between countries.
In addition to the official interstate relations Thus, one can also have direct contact individually or combined field of business, religious, penegetahuan science, sports or labor across borders. So, the so-called international community is in fact is the relationship between human life. The international community is in fact a complex coexistence of diverse community made up of tightly intertwined.
b. The same legal basis as the international legal community
Nonmaterial factor is the existence of binding legal principle of equality among the nations of this world, no matter how different the existence of positive law in force in each country without a public law of nations.
The same basic principle of law is that the doctrine of formal legal source familiar with the general principle of law recognized by civilized nations is an embodiment of natural law. There is a natural law that requires nations in the world to live in peace can be restored in human reason and instinct to retain its kind.
2. State Sovereignty (nature and function in the international community)
Nature and function of sovereignty in the international community needs to be explained given the importance of the role of the state in society and contemporary international law. Sovereignty is a difficult word because oaring give a different meaning to it. Menuru history, the origin of the word sovereignty, which in English is known as souvereignity berasla from the Latin superanus means top . National sovereignty is said to be sovereign because it is an intrinsic characteristic of the country. When it is said that a sovereign state, meant that the country has the highest power. The definition of state sovereignty as the supreme power is much misunderstood.
According to his original, true sovereignty means sovereignty. Sovereign states means that the country does not recognize the authority higher than his own power. In other words, the State has a monopoly of power, of a special nature-society organizations and the state these days that no longer allow individuals to take action on their own when it harmed. Nevertheless, this supreme power has its limits.
Space occur supreme power is limited by the boundaries of the country, meaning a country only has the highest authority in the border region.
That the power of a country is limited and that there are limits to the sovereignty of other countries is a logical consequence of understanding their own sovereignty and easily understandable if we want to think about this issue consistently. Viewed in this way, do not understand the sovereignty conflict with the existence of an international community that is made up of countries that each stands alone. Such understanding will also not be inconsistent with international law governing the community.
3. The international community is in transition (transition) (changes in the political map of the earth, technological advances and the structure of the international community).
The international community is currently experiencing great changes and trees, we need to consider in order to really understand the nature of the international community.
We see it as a growth process which is not natural social order, which is a fundamental principle which the international community has not yet achieved international relations towards a society in which the fundamental principle of public international law and are manifested in reality, should welcome this process as an inevitable process , Changes to the old concept is not something to worry about; it should be seen as an inevitable occurrence.
Viewed in this way, important changes in the draft law ilmi regarding the agreement, the obligation of the state, nationalization, public maritime law, do not worry. In fact, should be seen as a process of growth towards international law is fair, independent of the various concepts and institutions that describe or are due to the dominance of the nations of the few nations in the world.
A second development that has huge consequences on the development of the international community and international law that govern the advancement of technology. Technical progress in various communication devices add ease cross-border communication. Kenajuan weapons technology raises many new problems and the need to review the provisions of the law of war. Advances in technology have been and are causing major changes in the draft law of the sea and the emergence of new concepts to keep up with this rapid. Technological developments and consequently would not be followed and served by scholars of international law as a branch of law mingka not want to miss.
Various changes in the organizational structure of the international community is the third group of no less importance than the second group described above. Changes in the organizational structure of the international community is very important because it differs from the second group of changes in advance, have a direct impact on the structure of international society based on sovereign states. An important development in this group is the emergence of international organizations or institutions that have an existence apart from the states. On the other hand, there are developments that provide legal competence to individuals in certain respects. Both of these symptoms begin to show that in addition to the implementation of the international community in the sense of a true and effective based on the principles of sovereignty, independence and equality between nations, so that the transformed state of international law as the law of coordination, resulting in a more complex rules which show the characteristics of subordination ,
CHAPTER III
History and Development of International Law
Peace of Westphalia are regarded as milestones in the history of modern international law. In fact, considered to be an event that laid the foundation of modern international society based on national states. The reason is because with the Peace of Westphalia was reached on the following:
1. In addition to ending the 30-year war, the Treaty of Westphalia established for the change in the political map of the earth that have occurred because of the war in Europe;
2. The peace agreement that put an end once and for all that the Holy Roman Emperor attempts to re-establish the holy Roman empire;
3. Relations between countries are released from ecclesiastical relations issues and is based on the national interests of each country and
4. The independence of the Netherlands, Switzerland and the small states in Germany are recognized in the Westphalia treaty.
Thus, the Treaty of Westphalia laid the foundation for a new structure of the international community, both as to its shape, which is based on national states and the fact these countries and in government and the influence of the church.
However, once mistaken if we assume the Treaty of Westphalia as an event that launched a new era in the history of the international community that has nothing to do with the past.
What are madyarakat international presence in Western Europe, which basically laid by the Treaty of Westphalia that? Features that distinguish goods or organizational structure of the new international community of the Christian social order in Europe in medieval feudalism which was based on the system are as follows:
1. The State is a sovereign territorial units, each country has the highest authority in bataswilayahnya exclusive;
2. The relationship with each other nationally, based on freedom and equality;
3. Community countries do not recognize the authority over them like an emperor in the medieval era and the Pope as head of the church;
4. The relationship between the countries based on the legal definition of an institution taking over the civil law Roman law;
5. The State recognizes the existence of international law as the law governing relations between states, but highlighted the major role played by the state in compliance with this law;
6. The absence of court (international) and international police force to enforce compliance with international law;
7. The presumption against war with the erosion of religious aspects of the doctrine shifted from the notion has not justum as the teaching of holy war to the teachings that consider war as a way of use of force in settling disputes in order to achieve the objectives of national interest.
Policies in the Treaty of Westphalia placed above has been further Utreht Agreement, which is important from the standpoint of international politics at that time because the balance of power as the basic principle of international politics.
The important events from the standpoint of international law is the development of a peace conference in 1856 and the Geneva conference in 1864, which pioneered the Hague peace conference in 1899, which is very important in international law.
In the end with the holding of the Hague Peace Conference of 1907 above, there have been three important things that we can consider as important consolidation of the international community based on nation-states.
First , the state as a political entity that is primarily based on territorial nationalism has become a reality. In the first stage of the international community, that is, after the treaty of Westphalia, the real power in the country is still in the hands of the king. In the aftermath of the French Revolution and the unrest that terjado in Europe that resulted from the king of the transfer of power into the hands of people in many countries, the national state has actually become the national state in the sense of truth and not to mention the government with new faces.
Second, is the holding of international conferences which are intended as an international conference to an agreement of a general nature and puts the rule of law universally applicable.
Third, the establishment of the Permanent Court of International Arbitration, which is a milestone in creating an international community. With the establishment of the Permanent Arbitration Court revived a board resolution of disputes between nations that have a powerful institution in the community of nations in the Middle Ages.
SECTION IV
The fact Applicability of International Law and Policy
When the nature of international law tidakperlu doubt, we faced the question again: what is the basis of the binding force of international law?
On this subject has been presented many theories, the oldest is the theory of natural law . The doctrine of natural law has a great influence on international law since the beginning of its growth. This doctrine began to have a strong religious identity, for the first time released its relations with religious sari by Hugo Grotius. In the form that has disekularisir, natural law is defined as the law was based on the fact that ideal man as intelligent creature or union rules inspired by nature in the human mind.
According to the adherents of this doctrine of natural law, binding international law because international law is none other than the laws of nature as applied to the life of the community of nations. In other words, the state is bound by or subject to international law in their relations with each other as international law is part of a higher law is the law of nature.
Especially in conjunction with international law, legal objections to the ambiguity of natural increase. The difference between the content of the subjective understanding of natural laws that applied the relevant rules of morality and justice is not very high when there is uniformity worldview or philosophy of those who produce it.
Other flow basing the binding force of international law to the requirements of the state itself to be bound by international law. According to them, basically state that is the source of all law and international law is binding for the country of their own accord them respect the law internasional.aliran the back of their theories on Hegelian philosophy, which formerly had a large influence in Germany. One other submission of this trend is that Zorn argued that international law is nothing other than constitutional law governing the foreign relations of a country. The weakness of this theory is that they were not able to explain satisfactorily how international law is dependent on the will of the nation could bind the country. What if a country unilaterally canceled a plan fatherly would be bound by that law? and international law is no longer binding. Still should it be called law.
Various objections are dealt with by Alin flow from theory to be aware of the requirements of national binding force of international law on a whim with.
Triepel trying to prove that international law is binding for the country, not because of their individual wishes to be bound, but due to a higher collective will of the will of each country to comply with international law. Triepel the binding force of international law based on the will of the state, but denied the possibility of a country to free himself from his bonds with a unilateral action. Theories based on the international rule of law in this country is a reflection of the will of the theory of sovereignty and the positivism that dominated the minds of the world of law on the continent of Europe.
Difficulty theories that would explain the fact the law based on the will of the subject of law is that the premise is not acceptable. The human will can not be the basis of any legal power over their lives. In that case he can get away from the binding force of law to revoke their consent to be bound by the law. In other words, the consent of the state to comply with international law requiring the existence of a law or norm as something that was there first, and is separated from the will of the state. Not the will of the state but rather a norm which is the basis of the final decree binding force of international law. Thus the establishment of a flow that is familiar with Wiena sect. According to this school of binding force of a rule of international law is based on a higher principle which in turn was based on a higher principle and so on.
Unlike the objectivist theory of logical but sterile as teaching Zhan = b wiena or idealistic but vague versatility of the natural law, is no longer a trend that seeks to explain the binding force of international law is not an abstract theory but a speculative and connect it to the reality of human life.
French schools with the pengemukakanya basing binding force of international law as well as the law. According to them, the question is refundable on human nature as social beings, its intention to merge with another human being and the need for solidarity. Needs and social instincts of man as the individuals they are shared by the nations. So, the basic binding force of law contained in the social reality that the law is absolutely necessary to tie it to the fulfillment of human needs (people) to live in a society.
CHAPTER V
The Relationship Between International Law and National Law
1. Place of international law in the legal system as a whole
As with many other questions, the answers can be given to the question of the relationship between international law and national law depends very much on where we view the matter or in other words depending on the critic's point of view. We know that in theory there are two views on the outlook of international law called voluntarism, basing this on the entry into force of international law and the country's willingness to consider any objectivist view of the entry into force of international law and is separated from the will of the nation.
A different view of the different consequences as a first point of view it would violate international law and national law as two units of laws that coexist and separate the objectivist view it as two parts of a whole legal apparatus. Closely related to what is described above is the question of the relationship between the hierarchy of legal instruments, both are two legal instruments which in fact are part of the same legal position.
According to understand this dualism is rooted in the theory that the binding power of international law based on the will of state, international law and domestic law are two systems of law or a separate one from the other.
The reasons put forward by adherents of dualism for the above view is based on formal reasons, or reasons based on reality. Among the most important reasons presented it as follows:
1. Both the law and the national law and international law has different sources, national laws based on international law and the country will come together on the willingness of society.
2. Both the perangkathukum different legal subject, subject to national law is the law of natural persons, while the subject of international law is the law of the country.
3. As a rule of law, national law and international law are also differences appeared preformance structure.
4. Differences in power practice law.
Understand monism is based on the idea of unity of all the laws that govern human life. As a result of this view is that monism between two devices ketententuan this law might have a hierarchy. There are those who think that the relationship between national law and international law is the main national laws. This understanding is understood monism with the primacy of national law. Understand others argue that the relationship between national law and international law is a major international law. This view is called to understand the primacy of international monsme. According to the theory of monism both possible.
A vision that sees the union between national law and international law by the national primates in fact considers that international law was based on national law. The main reason for this assumption are:
a. That none of the above organizations, countries that regulate the life of the countries in the world.
b. The basis of international law governing international relations within the authority of the state to establish an international treaty, so the constitutional authority. The basic weakness is that this understanding of the law are looked at as the law is written purely so that international law be regarded only as a source of law, international treaties, a point which was found to be false.
The second drawback is the fact that the establishment understand monism with primacy of national law is a denial of the existence of a binding international legal country.
2. primacy of international law in accordance with international practice
The practice of international law provide sufficient material or model for the conclusion that at the time and level of development of contemporary international society of international law has authority over national law to say that in general it adhered to international law and national law is in fact subject to international law.
For example it can be argued that in general these countries have mutual respect in this world without limits or borders separating another territory of one of the others. In other words, these countries comply with international law on state borders as a legally binding himself in his dealings with other countries, especially with neighboring countries. Efforts to change the country's borders by force is something which today is almost no longer do.
Another example of a general principle of international law is adhered to the law governing treaties between countries. In general, these countries comply with the obligations stemming from international agreements with other countries. Here was never the case of deviations from these general conditions and as well in terms of international law on border areas, such violations are often attracted much attention so memorable statement of international legal practice in this area which in fact, is that in general the countries in the world comply with the agreement international which he made with other countries.
3. The relationship between international law and national law in accordance with national law
The relationship between international law and national laws and practices, in general, some countries such Indonesia, how about a question of the relationship between international law and national law in accordance with national law.
In some cases, especially in the situation we are participating in a convention that contains a variety of changes and reforms, such negligence could indeed lead to a less than desirable situation, especially in the field of the officers adhered to the provisions of the legislation which exists (and has not) changed based on the conventions of the old, while the country has officially tied to the new treaty.
CHAPTER VI
Subjects of International Law
1. Country
The state is the subject of international law in the classical sense and have the case since the inception of international law. In fact, until now there is still a perception that international law is in fact the law among nations.
2. The Holy See
Holy See (Vatican) is an example of a subject of international law that has existed since the country next week. This is a historical relics from ancient times when the pope is not only the head of the church of Rome, but has also duniawi.takhta sacred power is a law in the sense of being full and in line with the country's position. This happens especially after the agreement between Italy and the Holy See on 11 February 1929 which returns a parcel of land in Rome on the holy throne and allow the establishment of the state of the Vatican, which with the agreement as well as established and recognized.
3. The International Red Cross
The International Red Cross based in Geneva has its own place in the history of international law. One could say that this organization as a subject of law. Born because of its position strengthened even later in the deal and then the Red Cross conventions. Now ICRC generally recognized as an international organization which has ranked as a subject of international law with a scope walauoun was really limited.
4. International Organizations
International rating organization as a subject of international law is now no doubt, although initially not adad certainty on this point.
International organizations like the United Nations (UN) and the International Labour Organization (ILO) has rights and obligations stipulated in international conventions such as the articles of association. Based on this statement actually has to be said that the United Nations and International Organizations such as the subject of international law, at least according to international law, particularly international conventions derived earlier.
5. A person (individual)
In a limited sense the individual is already quite long regarded as a subject of international law. A war crimes tribunal in Numberg and Tokyo had ruled out some general legal principles have been adopted in both national and international laws, among others:
a. Seorangpenjahat that can not be punished because wisdom does.
b. That a criminal can not be prosecuted as individuals against their actions as a criminal state.
c. That one can not be accused of a crime which has been determined as a crime after the deed is done.
6. The rebels and the parties to the conflict (belligerent)
According to the laws of war, insurgents can obtain the position and rights of parties in certain circumstances.
Recently, new developments arise that although similar to the recognition of the status of parties to the conflict in the war, had other distinctive characteristics, namely the recognition of the movement pembebasasn such as the Palestinian Liberation Movement (PLO).
CHAPTER VII
Munber International Law
1. International Agreements
International treaties are agreements concluded between the members of the community of nations and intended to cause certain legal consequences.
From the above it is clear that the restrictions could be called an international agreement, the agreement must be held by a subject of international law that are members of the international community.
There are six classifications according to the agreement which was approved material to do with the law, that agreement may be:
a. Politics, peace, defense and security;
b. Changes or delimitation of the territory of the Republic of Indonesia;
c. Sovereignty or sovereign rights;
d. Human rights and the environment;
e. The formation of new rules of law;
f. Loan / grant abroad.
Given the importance of international agreements as sources of law, will elaborate on the agreement by dividing it into 3 parts:
a. About making and entry into force of the agreement;
b. About compliance with the agreement; and
c. About the extinction of the agreement. This description is limited to the agreement concluded between the countries.
a. Concerning international agreements
About international agreements can be subdivided in three phases:
a. Negotiation (negotiation);
b. The signing (signature);
c. Confirmation (ratificarion);
b. Concerning the agreement expires or is suspended.
In general, an agreement could be extinct or ended due to several reasons, including:
a. Having already achieved the objectives of the agreement;
b. Due to the expiry time of the agreement;
c. Since the demise of one of the participants in the agreement or the extinction of the object of the agreement;
d. Due to the agreement of the participants to terminate the agreement;
e. Because of the agreement between the participants and the repeal of previous treaties;
f. Due to the requirements of the termination of the agreement in accordance with the terms of the agreement itself; and
g. Terminated unilaterally by one of the participants and the receipt of the termination by the other party.
2. Customary International
To be able to say that it is a source of international customary law should be there the following elements:
1. There should be a norm of a general nature.
2. The habit should be accepted as law.
First, there needs to be a habit, a pattern of action that lasts longer, which is a series of similar actions regarding the case and the situation was similar.
Second, habits or patterns that are similar to a series of measures regarding these and similar conditions must be general in nature and related to international relations.
Viewed practically a norm of international law can be said to be admissible if the countries did not express objection against it. This objection can be expressed in various ways such as by way of diplomatic or by law to file an objection before a court.
3. The principle of the common law
The third source of law in accordance with article 38 paragraph 1 of the Charter of the International Court of Justice is the basis of the common law recognized by civilized nations (general principles of law recognized by civilized nation). The principle of the law is the legal basis under which the modern legal system. The definition of a modern legal system is a system of positive law and institutions based on the principle that the law of the land west was largely based on the principles and institutions of Roman law.
4. The additional law (court decisions and opinions of leading scholars in the world)
with different sources of law as we have discussed above, the court's decision and the opinion of the sar4jana only a source of subsidiary or additional resources. This means that the court's decision and the opinion of the scholars may be submitted to prove the existence of rules of international law which is based on a question or primary source of international treaties, customs and general legal principles. court decisions and opinions of the scholars themselves are not binding, meaning that it can not give rise to a rule of law.
If the decision is not binding on the Court Internasionalsendiri than for the case concerned, a fortiori decisions of other courts may not have mengiktat decision. What is meant by a court decision in article 38 paragraph 1 sub d is the court in the broadest sense and includes all kinds of national and international justice referred to therein court and arbitration commission.
On the second source of additional legal doctrine that leading legal scholars can be said that research and writing done by leading scholars can often be used as a handle or a guide to discover what became of international law. Though religious scholars themselves do not cause the law. The function of teaching or writing the above leading legal scholars have clearly described by Justice Gray of the United States Supreme Court's decision in the matter Paquete Habana.
Opinion of the leading scholars of international law increased his prestige as an additional resource when it acts in a function that is directly linked to the question of international Tulum solved such as the Committee of Jurists appointed by the League of Nations in 1920 to give its opinion on the issue of the islands Aaland.
5. Decision equipment body (organs) international organizations and institutions
The growth of international institutions and organizations preformance past 50 years has resulted in many good results of the legislature, executive and judiciary dai agency or international organization that can not be ignored in a discussion of the sources of international law, even though such a decision might not yet be said to be the source international law in the real sense.
The results of the above agencies at least within the limited environment of the agency or international organization itself, produce a variety of rules that govern the interaction between its members. In this case it kepueusan have binding force covering several countries, while there are also other kinds of decisions that have an influence far greater than it should be.
CHAPTER VIII
Territory in International Law
Every country has the possibility to add or expand its territory. Judging from the state of practice there are several ways for a country to be able to expand its territory through accretion, Cessna, occupation, prescription and procurement areas that are usually in the form of forced annexation.
1. Accretion
Accretion is the increase in area caused by natural processes. An example is the formation of sludge caused by dimuara river or the river drying up due to changes in river flow. The addition of new regions in the island can also be caused by volcanic eruptions in the sea. In this case, when a new island is located in the waters of the territory of a country it will automatically become part of the national territory.
2. Cessi
One way that many used to acquire additional territory is a Cessna. Cessna underlying rationale is that the presentation of a province or territory is part of the inherent right of national sovereignty.
Cessi a peaceful way handover region which is usually done through a peace agreement that ended the war. However, in the days of colonial practices Cessna also mostly done by local authorities, such as those conducted by several of the empire in southeast Asia to the immigrants from Europe; or otherwise made by the colonial authorities to the local group exists.
3. Occupational
Occupational shows the control of a territory not under the sovereignty of any country, which may be a newly discovered terra nullius. Penguasaab should be done by the state and not by the individual, effectively and have proved their willingness to make the region as part of national sovereignty. It must be shown for example by a symbolic act that shows mastery of the region, for example by setting a flag or through a proclamation. The findings are not strong enough to show the sovereignty of the country, because it is considered only to have an impact as an announcement. In order for the invention of the juridical means should be equipped with effective control for a certain period of time.
4. Prescription
In contrast to the occupation, prescription one of the exercise of sovereignty by a state of de facto and peaceful for a period of time, not to terra nullius but the actual area under the sovereignty of another country. The difficulty can receive a prescription as the basis of international law in the procurement area is that there are many practices that country. Thus, it is not clear that the president shows how long it takes to show the implementation should be done without terputus.hal is important to point out that that the rise of protest from countries that have previously sovereignty would eliminate claims by prescription.
5. Annexation
The annexation was the acquisition of territory by force based on the following two conditions:
1. The territory annexed been controlled by the state, which annexed it;
2. When a country announces its will to annex a region, the region has been completely under state control earlier.
Acquisition by way of a first region is not enough to create any rights or sovereignty of that country to do so, but must be followed by a formal statement of intent or the will thus normally undertaken by shipping Notes to all interested citizens.
6. Acquisition of territory by the State of New
1. Regional and National Jurisdiction at Sea
a. The Legal Status of the Maritime Zone
b. Inland waters
c. Territorial sea
d. Straits used for international navigation
e. Line / additional zone
f. Archipelago
g. Exclusive economic zones
h. Continental shelf
i. Countries and the landlocked countries which are geographically disadvantaged
j. Region
k. Island
l. Enclosed and semi-enclosed seas
m. The marine environment.
2. Conflicts
Disputes can also be resolved through conciliation and in some particular cases must use the solution through conciliation.
International Maritime Law Court shall have exclusive jurisdiction for disputes relating to seabed mining in the ocean.
3. Agreement on Implementation of Part XI of the Convention on the Law of the Sea 1982
Agreement on Implementation of Part XI of the Convention on the Law of the Sea 1982 adopted on 28 July 1994 and entered into force on 28 July 1996.
This Agreement contains 10 articles regulating procedural issues such as the signing, comes into force and provisional application.
Article 2 of the Agreement governs the relationship between this agreement and the provisions of Chapter XI of the Convention on the Law of the Sea 1982, which stipulates that the two documents should be interpreted and implemented as an integral document.
4. Agreement on the conservation and management of fish varieties available in two ZEE (straddling) and migrating away (highly migratory)
Approval of the types of fish that are in the EEZ of the two countries and to migrate away to set principles for the conservation and management of these types of fish.
The agreement is aimed at those goals can be achieved by providing a framework for cooperation in the conservation and management of fish resources.
5. Airspace and Space
Theoretically, the presence of the country's sovereignty over its territorial air spaces, each country can do for a ban on other countries to fly over its territory, unless it has been agreed in advance.
Similarly, the legal status of the high seas, international law recognizes the legal status of space as res communis, so no one bagianpun of the space can be used as a part of the sovereign territory of the country.
More settings are set through the signing of space Treaty on Principles Governing the Activities of States in the Exploration and Use of Outerspace, including the Moon and Other Celestial Bodies of 1967 . This international treaty strengthens the foundations that have been put forward in the resolution of the UN General Assembly , but does not contain a provision that establishes the boundary between air space and outer space.
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