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World Affairs Online
Utviklingen i Baltikum: Militaere og politiske forhold ; Foredrag i Oslo Militaere Samfund 8. februar 1993
In: Notat paper / Norsk Utenrikspolitisk Institutt, 488
World Affairs Online
Marine Stewardship Council (MSC) Certification of Arctic Fisheries: Processes and Outcomes
In: Arctic review on law and politics, Band 11, S. 133-156
ISSN: 2387-4562
Certification according to private sustainability standards (ecolabelling) has become an important addition to public fisheries management in recent years. The major global ecolabel in terms of comprehensiveness and coverage is the Marine Stewardship Council (MSC) Fisheries Standard. Under the MSC Standard, the status of the fishery's target stocks, its impact on the wider ecosystem and the effectiveness of its management system are assessed. Becoming and remaining certified requires continuous behavioural adaptation from fisheries through a fine-meshed system of conditions attached to certification. In this article, MSC certification of two clusters of fisheries in Arctic waters is discussed, one large- and one small-scale. In the Barents Sea cod and haddock fisheries, the main obstacle to certification has been the fisheries' impact on endangered, threatened and protected (ETP) species and bottom habitats, and in order to remain certified beyond the first five-year certification period, the fishing companies have had to introduce a number of voluntary measures beyond what is required by law. In the local lumpfish fisheries in Greenland, Iceland and Norway, conditions attached to certification have been related to the effects of these fisheries on seabirds and marine mammals. Here essential parts of a management regime, such as biological reference points and harvest control rules, have come about as a direct result of MSC certification. MSC certification is no panacea, but it seems to have found a niche as a supplement to national legislation and international agreements.
Implementation of the Polar Code: Functional Requirements Regulating Ship Operations in Polar Waters
In: Arctic review on law and politics, Band 11, S. 47-69
ISSN: 2387-4562
In 2017, the The International Code for Ships Operating in Polar Waters (Polar Code) – a set of function-based regulations applicable to Arctic and Antarctic waters, with the goal of increasing awareness and improving safety for ship operations in polar waters – entered into force. This article examines the Polar Code's contribution to the establishment of new standards and guidelines, with the problem under discussion being the extent to which the function-based regulations contribute to enhancing safety for ship operations in the Arctic, given that maritime activities in these waters are associated with great risks and uncertainties. The article gives a historical review, elucidating the background leading to the development of the Polar Code, followed by a review of the structure and key principles of the regulations. Further, ship traffic in the Arctic region and those subject to the Polar Code are examined, followed by a summary of findings and experiences from three survival exercises (SARex I, II and III), performed in northern areas around Svalbard between 2016 and 2018. The article concludes that safe ship operations depend on those subject to the regulations conducting thorough operational risk assessments that cover all potential hazards, in order to mitigate sufficiently. Further, the presence of authorities is found to be crucial, with validation of the adequacy and the dimensioning of the implemented measures being of the essence.
Desentralisasi Pendidikan dan Peran Aktif Masyarakat Menuju Pendidikan Berkualitas
EDUCATION DECENTRALISATION AND ACTIVE SOCIETIE'S ROLE TOWARD QUALITY EDUCATION. Education is the key for a country to win the competition in today's era. The era of globalization has had implications for all aspects of our lives. Both positive and negative impacts. The positive impact of these developments such as the implementation of democracy in our country. The democratic system automatically make decentralization as a way to run this system. Decentralization as an attempt delegation of authority from superiors to subordinates to achieve a common goal.Decentralization of education to make officials and actors in the region have the authority to regulate and manage their own their own potential. However, there are many things that keep pace with the development of this run. As well as the opportunities, challenges, obstacles and the active role of society towards quality education. Opportunities that looks real is the potential of what we have. Such as human resource potential is quite large. These opportunities coupled with the implementation of MEAs in the year 2016. MEA becomes the arena for success not only in our country alone, but without success on the international arena area. As for the obstacles that lurk is the readiness of all elements of education in this country in the face of these challenges. However, we need not fear because we had something different from other nations. Community participation into something different and distinctive for the nation of Indonesia.
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PENGARUH LINGKUNGAN USAHA DAN KEBIJAKAN PEMERINTAH TERHADAP KINERJA DAN TUJUAN PEMBANGUNAN PERIKANAN JAWA TENGAH
Need to be improved the existence of change for direction and development target in national, regional and international level, claim sensitivity of fishery sector to anticipate the condition. The objectives of the research are analyze fishery effort by taken into considerations: environmental influence, central government policy, local government policy to fishery sector performance and development target of Central Java fishery, and dominant factor which influence. To analyze complicated relation of each variable of fishery effort environment, central government policy, local government policy, capture fishery effort performance, processing industry performance, and development target of central Java fishery are used structural equation model (SEM) analysis with AMOS version 6 software. Collecting data conducted to 228 responder by using closed questionnaire which designed so responder gave opinion by choosing scale number which had scale 1-5 liker scale. The result show chi-square value (1128,994), probability (0,000), CMIN/ DF (1,634), GFI (0,805), AGFI (0,769), TLI (0,912) and RMSEA (0,053), at recommended value gyration, so the model have fit. From 15 examined hypothesis, there are 6 significant hypothesis that are hypothesis 6, hypothesis 7, hypothesis 8, hypothesis 11, hypothesis 12 and hypothesis 15, while hypothesis 1, hypothesis 2, hypothesis 3, hypothesis 4, hypothesis 5, hypothesis 9, hypothesis 10, hypothesis13, and hypothesis 14, proven not significant. Dominant factor in efficacy to development target of Central Java fishery is central government policy, with the component are training policy and accessed tuition.
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Girjas Reindeer Herding Community v. Sweden: Analysing the Merits of the Girjas Case
In: Arctic review on law and politics, Band 12, S. 56-79
ISSN: 2387-4562
For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community's small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community's exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is "clear and definitive". These conditions were not met in this case.
Implementing the State Duty to Consult in Land and Resource Decisions: Perspectives from Sami Communities and Swedish State Officials
In: Arctic review on law and politics, Band 10, S. 4-23
ISSN: 2387-4562
The duty of states to consult indigenous communities is a well-established legal principle, but its implications for practice remain uncertain. Sweden is finding itself at a particularly critical juncture as it prepares to legislate a duty to consult the Sami people in line with its international obligations. This paper explores the ability of Swedish state actors to implement the duty to consult, based on lessons from an already existing duty set out in Swedish minority law, namely to ensure the effective participation of minorities in land and resource decisions. Presenting novel empirical material on the views of Sami communities and state officials in ministries and agencies, we demonstrate the existence of considerable implementation gaps linked to practice, sectoral legislation, and political discourse. We argue that if state duties are to promote the intended intercultural reconciliation, then new measures are needed to ensure enforcement, e.g. via mechanisms of appeal and rules of nullification. In addition, sectoral resource regulations should be amended to refer to the duties set out in minority law and/or a potential new bill on consultation duty in a consistent manner. In the near-term, the state should ensure that Sami communities are adequately resourced to engage in consultation and should invest in state authorities' own ability to implement, i.e. through competence development, staffing, intersectoral coordination, and independent evaluation. Much could also be gained if state agencies and Sami communities worked together to develop detailed consultation routines for relevant resource sectors.
Oljepolitikk og utenrikspolitikk
In: Internasjonal politikk, Band 63, Heft 2-3, S. 183-216
ISSN: 0020-577X
The Collapse of Global Governance: When the US Leaves the Joint Comprehensive Plan of Action (JCPOA) ; Runtuhnya Global Governance: Saat Keluarnya AS dari Joint Comprehensive Plan of Action (JCPOA)
Global Governance encompasses the world's political activities and the management of issues and phenomena that occurred on a nation-state, involving contributions from regional to the international environment. In the global security sector, there are numerous efforts carried out by a country to counter such external threats that can cause destabilization. Non-proliferation and nuclear developments for peace are such issues of the global defense-security concern. The attempts to control and ensure the use of nuclear has been carried out by enacting international law, resolutions, and multilateral agreements. The Joint Comprehensive Plan of Action (JCPOA) is one kind. Influencing the world's security, politics, and economy, JCPOA began to be disrupted since the U.S. withdrawal as one of the parties that initially signed the agreement. This research aims to analyze The Collapse of Global Governance: When the U.S. Leaves the Joint Comprehensive Plan of Action (JCPOA). This research used a qualitative method with analysis based on secondary data, validated by the triangulation technique in this qualitative study. The analytical procedure uses secondary data from journals, media, and literature related to the Iran nuclear agreement and previous analyses discussing the U.S. exit from the JCPOA agreement. The analysis technique performs by arranging the data sequence, organizing the data into a pattern, category, and basic description. This research has found that Global Governance has fundamental weaknesses in its application. Through an analysis of the U.S. exit from the Iran nuclear agreement, it can be said that the reins of control are in the hands of the U.S. The Trump administration's policy on behalf of the U.S. to leave JCPOA to thwart the achievement of Global Governance and significantly affects the multi-national economic, political, and security order. The implementation of Global Governance and the issues also raised based on the interests of the superpowers. ; Global governance meliputi kegiatan politik dunia dan pengelolaan isu dan fenomena yang terjadi pada suatu negara kebangsaan, yang melibatkan kontribusi dari lingkungan regional hingga internasional. Di bidang keamanan global, banyak upaya yang dilakukan oleh suatu negara untuk melawan ancaman eksternal yang dapat menyebabkan destabilisasi. Non-proliferasi dan perkembangan nuklir untuk perdamaian adalah isu-isu yang menjadi perhatian pertahanan-keamanan global. Upaya pengendalian dan penjaminan penggunaan nuklir dilakukan melalui penetapan hukum internasional, resolusi, dan kesepakatan multilateral. The Joint Comprehensive Plan of Action (JCPOA) adalah salah satunya. Mempengaruhi keamanan, politik, dan ekonomi dunia, keberadaan JCPOA mulai terganggu sejak mundurnya Amerika Serikat (AS) sebagai salah satu pihak yang awalnya menandatangani perjanjian. Tujuan penelitian ini adalah untuk menganalisis Runtuhnya Global Governance: Saat Keluarnya AS dari Joint Comprehensive Plan of Action (JCPOA). Penelitian ini menggunakan metode kualitatif dengan analisis berdasarkan data sekunder, divalidasi dengan teknik triangulasi dalam penelitian kualitatif ini. Prosedur analitis menggunakan data sekunder yang diambil dari jurnal, media, dan literatur terkait perjanjian nuklir Iran dan analisis sebelumnya yang membahas keluarnya AS dari perjanjian JCPOA. Teknik analisis dilakukan dengan menyusun urutan data, mengorganisasikan data ke dalam suatu pola, kategori, dan deskripsi dasar. Penelitian ini menemukan bahwa global governance memiliki kelemahan mendasar dalam penerapannya. Melalui analisis keluarnya AS dari perjanjian nuklir Iran, dapat dikatakan bahwa kendali kendali berada di tangan AS. Kebijakan pemerintahan Trump mengatasnamakan AS keluar dari JCPOA untuk menggagalkan pencapaian global governance dan secara signifikan mempengaruhi tatanan ekonomi, politik, dan keamanan multi-nasional. Implementasi global governance dan permasalahannya juga diangkat berdasarkan kepentingan negara adidaya.
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World Affairs Online
Nuclear Safety and Security in the Arctic: Crafting an Effective Regional Governance System
In: Arctic review on law and politics, Band 13
ISSN: 2387-4562
The Arctic is saturated with nuclear facilities bringing both benefits for regional economic and social development and risks of nuclear and radiological accidents and concerns about radioactive wastes. There is every reason to expect the Arctic will remain a nuclearized region during the foreseeable future. This makes it important to direct attention to issues of nuclear safety and security in the region. We identify several clusters of these issues in the Arctic, including the challenges of potential nuclear accidents, the handling of spent nuclear fuel and radioactive waste, the cleanup of radiological contaminants, and concerns about nuclear security. An analysis of international conventions and voluntary codes of conduct shows that they are applicable to Arctic nuclear safety and security, but only in general terms. This suggests a need for an Arctic-specific agreement on nuclear and radiological safety, emergency preparedness and response, and cleanup of radiological contaminants. The outbreak of military hostilities in Ukraine in February 2022 has disrupted normal procedures for addressing issues of common concern in the Arctic. But the need for co-operation regarding matters like nuclear safety and security will not go away. Assuming it is possible to devise "necessary modalities" for restarting the work of the Arctic Council following the acute phase of the Ukraine crisis, an Arctic-specific agreement on nuclear safety and security could be developed under the auspices of the Arctic Council, which already has taken an interest in nuclear safety through the activities of its Working Group on Emergency Prevention, Preparedness and Response. Once such an agreement is in place, it will become important to consider the infrastructure needed to ensure that its provisions are implemented effectively.
Rational Choice Theory in the Scheme of Mining Shares Divestment Based on National Interest Protection
This paper is a revised version and an expanded version of the paper entitled 'Shares Divestment Scheme in Indonesian Mining Law'. Several cases of ICSID are cases of shares divestment, one of them is the Freeport case that offers divestment by giving the assumption of investment if the Government extends the Freeport Operational License until 2041. It violates determination of divestment share price as the value should be based on fair market price without calculating the amount of minerals. Shares divestment execution is often hampered by the determination of divestment shares' price. The purpose of the divestment arrangement was not achieved because of the price fixing issue which causes divestment failure or causes divestment delay, and the shares that were previously for the government eventually fell on private shareholders which might be owned by foreign parties. This paper is a legal research. It is intended to formulate a shares divestment scheme in the mining sector in Indonesia based on rational choice theory and public choice theory, which is expected to give a valuable contribution to the Government of the Republic of Indonesia as well as stakeholders and can be the ontological basis for laws and policies related to the investment and mining laws in Indonesia. The approaches which are used are the conceptual, statute, case and comparative approach. The primary legal materials that are used are legislation, international conventions and court decisions, while the secondary legal materials are in the form of literature and related materials.Key words: Investment law, mining law, national interest, rational choice theory, shares divestment.
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Peran Pemerintah Indonesia bersama IOM Dalam Mengatasi Masalah Perdagangan Perempuan Indonesia ke Timur Tengah Periode 2016-2019
ABSTRAKPenelitian ini menganalisis tentang peran pemerintah Indonesia dalam menangani masalah perdagangaan perempuan Indonesia ke Timur Tengah pada tahun 2016-2019. Namun di tengah upaya-upaya yang dilakukan, nyatanya pemerintah Indonesia juga memerlukan adanya sebuah elemen kerjasama dari sebuah lembaga ataupun organisasi, yang diharapkan mampu membantu upaya pemerintah untuk mengatasi masalah perdagangan perempuan yang terjadi di Indonesia, salah satu upaya pemerintah yaitu dengan menjalin kerjasama bersama Internastional Organization for Migration (IOM). Karena mengingat kasus tersebut merupakan kejahatan lintas negara yang terorganisasi yang tidak hanya terjadi didalam negara tetapi telah melintasi batas negara. IOM tidak hanya memenuhi kebutuhan bantuan yang berkaitan dengan fisik, namun juga menjamin dan memelihara lingkungan tempat tinggal yang terjamin kebersihan, keamanan hingga kenyamanan nya. Pemerintah Indonesia dan IOM sudah sama-sama melakukan upaya dalam menangani masalah perdagangan perempuan yang terjadi di Indonesia ke Timur Tengah tersebut, namun bukan berarti upaya tersebut menjamin akan berkurangnya masalah perdagangan orang yang terjadi di Indonesia.Kata Kunci: Indonesia, Perdagangan Orang, Internastional Organization for Migration (IOM), Timur Tengah. ABSTRACTThis research analyzes the role of the Indonesian government in dealing with the problem of trafficking of Indonesian women to the Middle East in 2016-2019. However, in the midst of the efforts made, in fact, the Indonesian government also needs an element of cooperation from an institution or organization, which is expected to be able to assist the government's efforts to overcome the problem of trafficking in women that occurs in Indonesia, one of the government's efforts is to collaborate with international partners. Organization for Migration (IOM). Because considering that the case is an organized transnational crime that does not only occur within the state but has crossed national bordersIOM not only meets physical assistance ...
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POLITICAL ECONOMY ANALYSIS IN NON-COMPLIANCE INDONESIA TOWARDS FRAMEWORK CONVENTION ON TOBACCO CONTROL
This research attempts to analyze the reason or consideration of Indonesian government to not ratify Framework Convention on Tobacco Control (FCTC) yet, in political economy analysis comprises interest of many actors, limitations of capacity of state, the influence of ratification towards Indonesian tobacco trade, FCTC implementation among the Parties, and projection of Indonesia's possibility to comply with this regulation. FCTC has a number of instruments in tobacco control which was arranged by World Health Organization since 1999. This research become necessary due to Indonesia as only one a country in Asia which have not ratified yet, whereas Indonesia has been the fifth biggest of tobacco consumer in the world. It is a qualitative research, where data were collected through interview technique to the certain sources, and other supporting data from books and publication document. It has been analyzed using Chayes concept about compliance and non-compliance with international regulatory agreement consist of ambiguity and lack of capacity, interests, norms, and efficiency. In observing this issue, we can clarify that different interests of actors have become major consideration of Indonesian government to not comply with this convention regarding on the differences priority within ministry, the existence of business actors to influence the decision maker, employment, tobacco farmers, and social cultural aspects. In the forthcoming, there is a possibility that Indonesia will ratify FCTC due to Tobacco Roadmap which is arranged by Ministry of Industry of Indonesia in long-term planning assert that health aspect will be the main priority more than state revenues and employment. In addition, there are a lot of regencies and cities in Indonesia which have been implementing tobacco control regulation. This research, eventually, is expected to provide input analysis to the government in accordance with FCTC.
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