Relevansi Delimitasi Perbatasan Maritim Dengan Faktor Lingkungan
)
(1) Fakultas Hukum Universitas Tanjungpura, Pontianak, Indonesia
Corresponding Author
Abstract
Introductioan: This article discusses the relevance of maritime border delimitation with environmental factors that affect the determination of delimitation.
Purposes of the Research: The purpose of this study is to analyze the urgency of the role of the environment in the maritime border delimitation process. Specifically focused on analyzing whether there is a positive relationship between environmental considerations and the development of the delimitation process and to determine the environmental factors that influence the delimitation.
Methods of the Research: This research uses normative research with a conceptual approach. Researchers use relevant environmental law concepts in the maritime border delimitation process.
Results of the Research: The results of the study show that there is a relevance of environmental factors in determining maritime border delimitation, among others from factors: conservation of wildlife reserves, the principle of natural prolongation, the principle of sustainable development, mineral resources, and fisheries. The relationship between environmental factors and the delimitation process occurs in two ways: First, environmental considerations show a direct influence in the selection of the delimitation method. Here environmental factors are an important motive in the delimitation process. Second, environmental factors affect the delimitation process indirectly where there are a number of delimitation agreements that do not include specific provisions regarding the environment, but the evidence shows that the parties are motivated by environmental factors in negotiating delimitation.Keywords
DOI
10.47268/balobe.v1i2.650
Published
2021-10-28
How To Cite
@article{balobe650,
author = {Evi Purwanti},
title = {Relevansi Delimitasi Perbatasan Maritim Dengan Faktor Lingkungan},
journal = {Balobe Law Journal},
volume = {1},
number = {2},
year = {2021},
keywords = {Delimitation; Maritime Boundaries; Environment},
abstract = {Introductioan: This article discusses the relevance of maritime border delimitation with environmental factors that affect the determination of delimitation.Purposes of the Research: The purpose of this study is to analyze the urgency of the role of the environment in the maritime border delimitation process. Specifically focused on analyzing whether there is a positive relationship between environmental considerations and the development of the delimitation process and to determine the environmental factors that influence the delimitation.Methods of the Research: This research uses normative research with a conceptual approach. Researchers use relevant environmental law concepts in the maritime border delimitation process.Results of the Research: The results of the study show that there is a relevance of environmental factors in determining maritime border delimitation, among others from factors: conservation of wildlife reserves, the principle of natural prolongation, the principle of sustainable development, mineral resources, and fisheries. The relationship between environmental factors and the delimitation process occurs in two ways: First, environmental considerations show a direct influence in the selection of the delimitation method. Here environmental factors are an important motive in the delimitation process. Second, environmental factors affect the delimitation process indirectly where there are a number of delimitation agreements that do not include specific provisions regarding the environment, but the evidence shows that the parties are motivated by environmental factors in negotiating delimitation.},
issn = {2775-6149}, pages = {76--90} doi = {10.47268/balobe.v1i2.650},
url = {https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/650}
}
Acikgonul, Yunus Emre, and Edward R. Lucas. "Developments in Maritime Delimitation Law over the Last Decade: Emerging Principles in Modern Case Law." Canadian Yearbook of International Law 45, no. 3 (2020). https://doi.org/10.1017/cyl.2020.9.
https://doi.org/10.1017/cyl.2020.9
Arbitral award relating to the issue of control and sovereignty over Aves island, raised between Venezuela and the Kingdom of the Netherlands (n.d.).
Case Concerning Sovereignty Over Pulau Ligitan And Pulau Sipadan (2002).
Charney, Jonathan I. "Ocean Boundaries between Nations: A Theory for Progress." American Journal of International Law 78 (1984).
https://doi.org/10.2307/2202598
Cruz, Alexis Ian P. Dela. "A South China Sea Regional Seas Convention." The Journal of Territorial and Maritime Studies Vol. 6, no. 1 (n.d.): 5-29.
Dyke, Jon M. Van. "David A. Colson and Robert W. Smith, Eds., International Maritime Boundaries Volume VI." Ocean Yearbook Online 26, no. 1 (2012). https://doi.org/10.1163/22116001-90000073.
https://doi.org/10.1163/22116001-90000073
"Gabcikovo-Nagymaros Project Judgement," 1997.
Handbook on the Delimitation of Maritime Boundaries. Handbook on the Delimitation of Maritime Boundaries, 2000. https://doi.org/10.18356/cc72cd88-en.
https://doi.org/10.18356/cc72cd88-en
Hansen-Magnusson, Hannes. "The UN Convention on the Law of the Sea." In International Relations as Politics among People, 2020. https://doi.org/10.4324/9780429197413-4.
https://doi.org/10.4324/9780429197413-4
"I.C.J Reports," 1984.
Ikporukpo, Christ O. "Boundaries and Natural Resources in the Sea." The Journal of Territorial and Maritime Studies Vol 7, no. 2 (2020): 103-27.
Kwiatkowska, Barbara. "Economic and Environmental Considerations in Maritime Boundary Delimitation." In International Maritime Boundaries, edited by Jonathan I. Charney and Lewis M. Alexander. Netherlands: Martinus Nijhoff Publishers, 1996.
Marghelis, Aris. "The Maritime Delimitation Agreement between Greece and Italy of 9 June 2020: An Analysis in the Light of International Law, National Interest and Regional Politics." Marine Policy 126 (2021). https://doi.org/10.1016/j.marpol.2021.104403.
https://doi.org/10.1016/j.marpol.2021.104403
Ndiaye, T.M., and R Wolfrum. Law of the Sea, Environmental Law and Settlement of Disputes. Leiden/Boston: Martinus Nijhoff Publishers, 2007.
https://doi.org/10.1163/ej.9789004161566.i-1188
Østhagen, Andreas. "Maritime Boundary Disputes: What Are They and Why Do They Matter?" Marine Policy 120 (2020). https://doi.org/10.1016/j.marpol.2020.104118.
https://doi.org/10.1016/j.marpol.2020.104118
Pharand, Donat. "Delimitation of Maritime Boundaries: Continental Shelf and Exclusive Economic Zone, in Light of the Gulf of Maine Case, Canada v. U.S.A. (1984)." Revue Générale de Droit 16, no. 2 (2019). https://doi.org/10.7202/1059297ar.
https://doi.org/10.7202/1059297ar
Sharma, Surya P. "Relevance of Environmental and Security Considerations to the Delimitation of Maritime Boundaries." In Law, Social Sciences and Public Policy Towards a Unified Framework, edited by Anthony Chin and Alfred Choi. Singapore: Singapore University Press, 1998.
Sun, Yue, Yang Han, Liangfu Zhang, and Yen Chiang Chang. "The Construction and Governance of Regional Maritime Security Order in the South China Sea: Conference Report." In Marine Policy, Vol. 126, 2021. https://doi.org/10.1016/j.marpol.2021.104438.
https://doi.org/10.1016/j.marpol.2021.104438
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Relevansi Delimitasi Perbatasan Maritim Dengan Faktor Lingkungan |
| 2. | Creator | Author's name, affiliation, country | Evi Purwanti; Fakultas Hukum Universitas Tanjungpura, Pontianak; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Delimitation; Maritime Boundaries; Environment |
| 4. | Description | Abstract | Introductioan: This article discusses the relevance of maritime border delimitation with environmental factors that affect the determination of delimitation.Purposes of the Research: The purpose of this study is to analyze the urgency of the role of the environment in the maritime border delimitation process. Specifically focused on analyzing whether there is a positive relationship between environmental considerations and the development of the delimitation process and to determine the environmental factors that influence the delimitation.Methods of the Research: This research uses normative research with a conceptual approach. Researchers use relevant environmental law concepts in the maritime border delimitation process.Results of the Research: The results of the study show that there is a relevance of environmental factors in determining maritime border delimitation, among others from factors: conservation of wildlife reserves, the principle of natural prolongation, the principle of sustainable development, mineral resources, and fisheries. The relationship between environmental factors and the delimitation process occurs in two ways: First, environmental considerations show a direct influence in the selection of the delimitation method. Here environmental factors are an important motive in the delimitation process. Second, environmental factors affect the delimitation process indirectly where there are a number of delimitation agreements that do not include specific provisions regarding the environment, but the evidence shows that the parties are motivated by environmental factors in negotiating delimitation. |
| 5. | Publisher | Organizing agency, location | Fakultas Hukum Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2021-10-28 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/650 |
| 10. | Identifier | Digital Object Identifier | 10.47268/balobe.v1i2.650 |
| 11. | Source | Title; vol., no. (year) | Balobe Law Journal; Vol 1, No 2 (2021): Volume 1 Nomor 2, Oktober 2021 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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