INTERNATIONAL LAW BY : DRS.USMAR SALAM, MIS TUTORS: KARTIKA POETRI FAIQ ADI IUP International Relations International Law 2016

Function of Class 1. Why is this class necessary to be taught to undergraduate students? 2. What’s the difference between international law studied by law students? 3. How to understand it? 4. What about law faculty? 5. What should student do? 6. Rule of the class International Law 2012

Rule of Class ( Take a look at your notes last week)  Class start at 7.30  Scoring Component Final Exam (close book)30% Mid Semester Exam(open book)20% Group Discussion 25% Tutorial, tasks, presence, participation in class25%

International Law Definiton  A set of rules that govern and must be obeyed by all actors who conduct international relations  STARKE : “All of the rules that contains of principles and rules of conduct to which countries obey and because of that, are generally accepted in their relation to one and another.

The Origin of International Law  Modern international law system is a product which has existed since the past four centuries  Treaties, immunity for ambassadors, laws and customs about war was founded couple of centuries before christian religion was formed. For example in the era of Egyptian and ancient India

Cont’d  In the ancient Greek, there was a law called “intermunicipal” this law is a custom laws that was formed and based on custom of countries in that era.  In the periode of Roman there was rules which govern relation between Roman and another city states.  Emergence of numbers of independent states triger the process of law making into international law which based on customs and others, this product has become a code of conduct for countries in order to rule the relation between one country and another.

Sources of International Law  Customs for example the usage of customs as a basis to formulate law  Treaties Ex: The Statute of Rome, Westphalia  Court decisions or court arbitration  The works of law  Decision or arrangements by international institutions

Statute of The International Court of Justice Article The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. judicial decisions and the teachings and works of law from highly distinguished experts

Actors in International Law  Who can be catagorized as an actor in international law?  Why all are they called “actors” instead of “subjects” of international law?

Actors in International Law 1. Nation 2. International organization 3. Civil society body/organization 4. Local government 5. Individual 6. etc

Nations as an Actor in International Law  There are 200 nations in the world. 193 of them are listed as united nation member.  Nation is the main actor in international relation  Why?

International law requirement of nation 1. Existence of permanent resident 2. Posses certain teritory 3. Ruled by Government 4. Able to have or mantain relation with another country Why point 4 is the most important of all?

Borders of Indonesia  Papua New Guinea  East Timor  Malaysian Borneo  Singapore  the Philippines  Australia  Palau  (Indian territory of the Andaman and Nicobar Islands) International Law 2012

Based on political reason (nat)  Point 1 to point 3 is equally important but the most important from point 4 is sovereignity  Why is it so?

QUIZ  Name the sources of international law! Why are treaties the most important?  Why must countries have clear territorial borders?  Give examples of international law and national law other than the ones already mentioned in the class!

The Creation of Nation  Proclamacy  International Treaty  Plebiscite  etc

Based on International Politics  Point no 1 and point no 3 is equally important but point no 4 is the most important which is about recognizition  Why ?

NATIONS AS ACTORS IN INTERNATIONAL LAW International Law 2012

Kinds of State  State Unitary  State Federation  State confederation

Rights and Obligation of State  Rights and Obligation of state that involves another country A. Rights of indepedence B. Right to Equality C. Right to Defence D. Obligation not to create war E. Obligation to implement and obey International Treaty well F. Obligation of non-interference to domestic affairs of the other

Rights and Obligation of state’s Territory  A. Land  B. Sea  C. Air 3. Rights and Obligation of state towards individual 4. Rights and Obligations of state towards object

Cont’d 5. Rights and obligation of state’s economical interest 6. Rights and obligation of state towards environment 7. State Jurisdiction

Examples of State’s Independence  The authority of exclusive body to supervise domestic affairs  The authority of pemit to accept or evict foreigners  Special rights to their ambassador in another country  Single Jurisdiction to crime that has been commited in their territory

Accountability of State  Forms of Accountability 1. on international treaty 2. on contract 3. on concession 4. on exploration 5. on state’s debt 6. on international crime

Intervention Politics  Based on international law a state is not allowed to intervene another state but in the reality of international politics this law has been broken many times by some countries. There are some exception on intervention

Exception of Intervention 1. Collective intervention based on United Nation charter 2. Intervention to protect the right and interest also life of citizen from any kind of threat 3. To defence themselves 4. In the matter of under the protectorate of their reign 5. When a country as the intervention object has really broke international law

Recognition  What do you know about recognition?

Cont’d  Recognition is a policy based on political reason rather than international law, in international law there is no single article which mention the obligation of recognition, but it gives enormous impact towards country whose not being recognized in international law

Cont’d 1. Implicit and explicit recognition 2. De facto and de jure recognition 3. Conditional recognition 4. Collective recognition 5. Withdawal of recognition 6. Consequences of recognizition

International Organizations  Definition Organization between government/non government recognized as an International law subject and have capacity to make international agreements Cf UU no.24 th 2000 about international agreements

Background of the establishment of an International organization 1. Can be seen by the AD/ART that bind the members 2. Political interest of the former organization 3. Historical aspects

Political Aspects 1. Domestic Politics 2. International Politics Some Cases

Scope of International Organization 1. Global International Organization, ex : United Nation and international organization created by UN 2. Regional International Organization, example ASEAN, European Union etc.

Types of International Organization  Government Organizations  Non Government organizations  Companies  Individuals

International Organization Naming  Comission  Union  Council  League  Association  Commonwealth  Community  Cooperation, etc

Requirement of International Organization  It has to have permanent organization (AD/ART)  Open membership  Permanent secretariat  Clear objectives

International Organization Grouping  Based on H. Miller there are four groups : 1. Multipurpose Organization 2. Alliance type Organization 3. Functional Organization 4. UN Regional Comission

International Organization Dismission  International Organizations were formed by International agreement, therefore so must the dismission of international organization. The dismissal of an international organization constitute that all the international agreements preceeding it are considered to be over too.

Cont’d  Based on international agreements  International organization’s objectives has been achieved or vise versa  There’s deviation in the implementation of international organization  There’s a party who violate the rules  New agreement  Object of the agreement has gone  Violates national interest of the member