The eighth Secretary-General of the United Nations Mr. Ban Ki-moon, after serving 10 years retired on January 1, 2018. His memoirs, “Resolved Uniting Nations in A Divided World” were published in 2021. Ban Ki-Moon is the only UN Secretary-General who was born and brought up in a country that not only was a victim of an invasion but also for the first time in the history of the UN, the Organization itself was directly involved in countering the invasion. Ban Ki-moon’s memoirs narrates articulately and compassionately many issues that divide the world. The efforts and ‘resolve’ of the eighth UN Secretary-General to solve, ‘resolve’ and to improve the human condition (so to speak) is reflected in the optimistic sentiment expressed in the concluding sentence of his book: “[t]ogether our mission is possible.”

This edited volume of 127 pages on legal education and legal traditions is divided into eight essays. Legal education encompasses a myriad of topics spanning from economics to sexual behaviour and reflect various legal traditions, which are philosophical in nature. The traditions taken from the western European legal systems reach as far back to the Greeks highlighted in works by Aristotle and Socrates, followed by European medieval philosophers of various religious traditions, namely Thomas Aquinas (Roman Catholic), St. Augustine (Roman Cathlic) and Baruch Spinoza (Hebrew) as well as 17th-18th century’s European political philosophers such as Rousseau and Locke. These laws and traditions have been imported into Southeast Asian (SE) countries via the British colonialisation. These traditions do not consistently prevent the political and constitutional turmoil in some SE Asian countries under dictatorships that trample on rule of law and human rights. Morality plays a role in the law, yet it never stays the same through the ages; the law must deal with changing morality, such as attitudes towards slavery or homosexuality.

The United Nations Convention on the Law of the Sea (UNCLOS) has been ratified by 168 countries. Among these countries, Indonesia is one of the most notable states concerning compliance with the provisions of the UNCLOS. However, the aggressive actions exhibited by countries seeking to become world hegemonies have resulted in the violation of the Convention. Therefore, this research aims to critically analyse the problems associated with any violations of sovereignty and sovereign rights by foreign research vessels which are conducting commercial and military navigation in Indonesian waters (territorial sea with the archipelagic waters and the inland waters). This research shows that the spirit of the Djuanda Declaration constituting the main principle of the Indonesian Republic is a legal ground for defending the national interest of Indonesia as an archipelagic state. This is the key to maintaining the integrity of sovereignty and national interest.

The War on Terror launched by the US against Islamic terrorist groups persisted through the Bush-Obama-Trump administrations for nearly 20 years before President Biden completely withdrew the US forces from Afghanistan by the end of August 2021. These military interventions are noticeable examples of American unilateralism in the Middle East. The War on Terror has been severely criticized by the global community as military actions without just cause and lacking grounds under international law. This research aims to critically evaluate the War on Terror in terms of legal and political theories of war now that twenty years of American unilateralism in the Middle East is over. In this article, the author examines other underlying reasons for, and the outcomes of, the war against terrorist groups. He will also suggest peaceful means to fundamentally resolve the Middle East conflict with a view to preventing war in other world regions.

The present research examines the fairness of the liability of ‘total’ in absentia trials within three specific circumstances. First: the accused is given sufficient notice of the trial and their right to decline to be present. Second: the accused must have a defence counsel advocating them in the trial. Third: the accused’s absolute right to re-trial should be protected once the judgment has been passed in absentia. The main research question to discern the hypothesis is that the accused can be tried in absentia under international criminal tribunals. Therefore, the focus is on answering which procedural scenarios could be counted as “an absence of the defendant.” The present research questions will be analyzed by examining the practice of the Special Tribunal for Lebanon (STL), its theoretical safeguards enshrined in the Statute, and the legal standards from human rights bodies’ jurisprudence.

The emergence of global internet access from the low Earth orbit (LEO) comes with cybersecurity vulnerabilities. Under international space law regimes, the concept of cybersecurity in outer space remains ambiguous. Furthermore, cyberattacks affecting the era’s thoroughly segregated computer space systems were unimagined. Cyber borders are not the same as physical borders. Cyberspace does not admit the demarcation of territorial sovereignty, as it is not based on physical location, and assigning territorial sovereignty to cyberspace is time-consuming. This research proposes the concept of a multi-stakeholder international legal regime for space cybersecurity, as establishing cybersecurity standards and risk management mechanisms necessitates technical measures and a regulatory framework. International cooperation is the only way to provide a fully coordinated approach to cyberspace protection which is consistent with the fundamental premise of international cooperation and collaboration in space.

Corporate Social Responsibility (CSR) means transnational corporations (TNCs) are responsible for not only the interests of their shareholders, but also the interests and welfare of the local community of the area in which they operate. Therefore, TNCs have to furnish the local community beneficial and social services voluntarily and free of charge to help the local community achieve sustainable development. A question may arise whether it is legally feasible to oblige these corporations to abide by social responsibility in oil and gas industry and its resources specially petroleum laws, regulations and contracts as well as international investment treaties. This article shows that basically CSR in oil and gas industry is voluntarily enforced by TNCs who perform it for non-binding and moral reasons. Nonetheless, in oil and gas industry and its sources especially petroleum laws and contracts, it is feasible to require TNCs to undertake CSR and various dimensions therewith.

The WHO reported the Covid-19 outbreak infected 486,761,597 people, involving 6,142,735 deaths worldwide as of 1 April 2022. This contagious disease has spread rapidly throughout the world, including Malaysia. Since the outbreak in Malaysia began in March 2020, the Movement Control Order (MCO) has been implemented nationwide, leaving a significant impact on its citizens, non-citizens, as well as refugees. There is some exploitation of refugees, where enforcement officers are targeting them for criminal offences. Stakeholders claimed the Malaysian government did not provide any assistance to refugees during the pandemic, including health care and economy. This article examines Malaysia’s responsibilities as a host country to refugees during the Covid-19 outbreak. The Malaysian government is proposed to continuously support refugees on humanitarian grounds based on the country’s economic development capabilities. This paper will look into the current situation of the Refugees in Malaysia; discuss the challenges that the Refugees in Malaysia are facing; analyse the legal framework governing the status of refugees; and check the responsibility Malaysia should assume as a host country.

The variation of countries’ industrial policies and political strategies in a multipolar world brings the investor-state dispute settlement (ISDS) regime to a crossroad. Backlash to the inconsistency, non-transparency, partiality and unfairness of the ISDS regime results from the states’ changing interests and policy priorities, including the rising awareness of democracy. In pursuing the benefits of multilateralism, a multilateral investment court can serve as an alternative to the current investment arbitration regime. States need to clarify the scope of consent based on their political economic considerations. Substantial investment protection standards can be different, whereas the principle of proportionality can serve as an approach to the balance between investment protection and states’ policy arrangements. Meanwhile, there should be efforts to align the interpretation and application of key provisions, possibly through interpretation notes and an appellate body that reviews arbitral decisions, to generalise implicit consensus and to broaden collective acceptance of the regime.

but interpretation and application of the relevant provisions differ, and the views expressed on them still leave ample room to be unilaterally interpreted and applied. So, it is undeniable that conflicts over ocean waters among the concerned countries are serious and difficult to overcome. To solve these problems, the UNCLOS calls for the countries concerned to make every effort to enter into provisional arrangements of a practical nature. Korea and Japan have maritime boundary problems in the waters surrounding the Korean peninsula, and so, in order to solve those problems, both nations established a joint development zone (JDZ) in the East China Sea in 1974. The zone can be terminated in 2028. Therefore, this study examines and analyzes the impact of the JDZ agreement between Korea and Japan over the East China Sea as to the delimitations of the continental shelf/EEZ

Professor Shen Wei’s new book-Decoding Chinese Bilateral Investment Treaties-has vividly depicted a vibrant China in bilateral investment treaties (BITs) and BIT arbitrations. The observations, analyses and findings in his book are supported with abundant empirical evidence and critical theoretical explorations. The ground-breaking contribution made by this book lies in demystifying the patterns inherent in China’s BIT law and practice and adopting versatile methodology to address the literature gap identified by the author. This book not only explores the symbiotic relationship between China’s domestic governance and global BIT networks, but also coherently addresses four inter-connected puzzles relating to Chinese BITs. Professor Shen’s study shows that China and its investors will be proactive rule-makers and active rule-users in the arena of international investment law and investorstate arbitration. This new book will surely be an invaluable inspiration for practitioners, scholars and other persons who have interest in this field.

After President Biden’s first year in office, one big question is whether the Biden trade policy differs from the Trump chaos. My answer is no. I consider Biden’s trade policy to be Trump without the tweets. They both relied on unilateral measures and broadened protectionist ones. In fact, Biden not only relies upon Trump’s actions but also has expanded them. Trade policies have not changed much between Presidents Trump and Biden. In fact, Biden, relying upon Trump’s actions, has kept them in place. There has been a slight change in tune: a little more reconciliation with Europe and the OECD. However, it is extremely difficult to identify any significant difference concerning China, Russia, and Iran. Has Trump’s America First policy morphed into Biden’s America First or worker-centric trade policy? It looks that way. Let’s look at what Trump did, what Biden has done so far, and the challenges ahead.

The interaction between might and right is an important topic throughout the development of international relations. Various ideologies and corresponding practices have been put forward by realism, liberalism, constructivism, and international socialism under both Western international relations theories and China’s traditional Wang Dao (王道, “the kingly way” or “benevolent government”), and Ba Dao (霸道, “the hegemonic way” or “rule by force”). In international relations, the rule of law - a phenomenon that has emerged and is continuously developing - is conducive to restraining power politics and promoting right, which is one of the goals of international relations development. China has always opposed hegemony and power politics; it firmly supports a modern system of international law based on the purposes and principles of the UN Charter and aims to build a new international political and economic order with peace, justice, and stability.

By the time the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force, there had been numerous bilateral and multilateral agreements between the parties regarding its rules on dispute settlement. However, the WTO dispute settlement system currently remains the most requested. The present article provides a comparative analysis of the procedures of dispute settlement under the CPTPP, the WTO DSU, and some RTAs. Among the novelties of the CPTPP mechanism compared to the WTO DSU are that it extends its scope to measures not yet introduced, offers more transparency, including the use of electronic means of communication, simplifies access for third parties, and provides financial compensation as a temporary remedy. Although the authors conclude that many of the CPTPP provisions repeat those of the WTO DSU and other RTAs between the CPTPP partners, there may be a desire to test the CPTPP mechanism in practice due to crises of the WTO Appellate Body.

Renewable energy is frequently seen as one of the world’s most promising industries, as it promises a sustainable future in the surge of climate change. Nevertheless, several trade disputes emerge as nations implement policies to boost the domestic green energy industry, putting current trade laws to the test and leaving the detrimental effects on the development of renewable energy technologies. As a result, trade tensions have risen, particularly in bilateral relations between the United States and China. It is impossible to deny that current trade disputes over renewable energy products have practical consequences for governments, institutions, and enterprises. Rising trade protectionism in the energy industry may endanger the fulfillment of specific sustainable development targets. Keeping that in mind, this study aims to examine the recent trade disputes over China’s renewable energy products at the multilateral forum of the WTO, while analyzing protectionism in the context of international trade and practices.

Information on the Covid-19 situation in North Korea and the country’s policy response to the pandemic has been fragmented and incomplete. To better understand North Korea’s Covid- 19-related policies, this article assesses the legal measures that have been implemented by this isolated, totalitarian country to counter the pandemic, including the Emergency Law on the Prevention of Epidemics (ELPE), which was enacted in August 2020. Compared to related laws prior to the outbreak of Covid-19, North Korea’s legal measures implemented in the face of the current pandemic have distinct characteristics. The measures, which appear to supersede other laws, prescribe draconian punishments for violations and expedite criminal sanction. This article concludes that stringent measures have been implemented in North Korea to prevent the spread of Covid-19, to protect Kim Jong-un, and to reinforce the regime’s stability. These measures are likely to be repeated in future epidemics, as they have achieved the status of law.

In China, all dispute resolution mechanisms have introduced online dispute resolution (ODR) system into their operations. To address this situation, this article suggests the principle of due process should include the limitations of Internet-based dispute resolution attempts and the impact of technologies should be taken seriously. The first part of this paper introduces the development of ODR in China. The second part identifies the major areas in which the due process should be secured. The third part focuses on new technologies and its relationship with ODR and among others, electronic evidence and artificial intelligence are discussed. This article concludes that we first need to consider the rapid development of ODR, while the settled procedural principles regarding due process and neutrality should still be the primary task of civil justice and Alternative Dispute Resolution.

Since 2015 China has been actively developing the cross-border e-commerce comprehensive pilot areas. They are one of the mechanisms that the PRC has been promoting international trade in the digital era. Enterprises registered in the cross-border e-commerce comprehensive pilot areas enjoy preferential tax policies and may draw upon the support measures delivered by provinces and municipalities. The State Council also introduced the “Six Systems and Two Platforms” principle which revolutionized the sphere of public administration of crossborder e-commerce trade. This helps to solve many the problems concerning taxation, customs clearance and logistics. Analysis of Chinese legislation and local regulations illustrates that the PRC elaborated a new type of economic zone integrating small and medium sized enterprises into the global trade market. A comparison of Chinese policy with a Russian initiative to introduce new experimental regimes for foreign online trade shows that both states could cooperate by establishing a joint mechanism for cross-border e-commerce promotion. Russia also could use China’s experience in order to launch its own system of cross-border e-commerce support.

Most scholars argue that the principle of permanent sovereignty over natural resources (PSNR) has been used by developing countries as a legal basis to exploit their natural resources, including forests, for the sake of economic development. Land conversion and forest burning are the primary causes of forest degradation and deforestation in Indonesia. Thus, the biodiversity of Indonesian tropical forests is decreasing tremendously. This article aims to comprehensively analyze the experiences of the Indonesian government to balance the principle of PSNR and sustainable forest management (SFM). The paper argues that the implementation of the PSNR principle in SFM faces many challenges, such as deforestation, forest degradation, and the failures in implementing laws, as well as weak law enforcement. Therefore, to balance the PSNR principle with SFM, the Indonesian government needs to undertake various efforts, such as strengthening law enforcement, carrying out social forest management, and exercising mandatory forest certification. Moreover, all these efforts need to be further improved.