LEGAL ANALYSIS ON THE STABILITY OF BOUNDARY TREATIES IN CASE OF TERRITORIAL DISPUTES AND SOVEREIGNTY OVER ISLANDS RELATED TO THE CASE OF SIPADAN � LIGITAN ISLANDS
In 2002, Indonesia has got a bad experience by the Judgment of the International Court of Justice which granted the sovereignty over Island of Sipadan and Ligitan to Malaysia. This event has causing many debates among the society and even the media has reported this as a huge issue at that time. Nev...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/123814/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63929 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | In 2002, Indonesia has got a bad experience by the Judgment of the
International Court of Justice which granted the sovereignty over Island of
Sipadan and Ligitan to Malaysia. This event has causing many debates among the
society and even the media has reported this as a huge issue at that time.
Nevertheless, it was difficult to find a comprehensive and thorough explanation
toward this issue, which rising several question. How a treaty can resolve such
issue? Whether such treaty could impose its rules to third parties in order to make
third parties respecting and obey the treaty itself? And whether it is possible for a
state to lose part of its territory to other state? This study was taken in order to
answer all of those questions.
By taking a normative approach, this study was expected to be able to
answer the rising questions above. In order to make a comprehensive and
thorough analysis, the data was collected from the library, the related field in
several institutions, and legal instruments, both national and international, which
were available. Hence, the study hopefully, could provide a credible, thorough and
accountable answer and explanation towards the issues.
The research and analysis is resulting that there is no possibility for a state
to lose part of its sovereign territory. When a state already establishes its frontier
and no state complain in the first place, thus the frontier established is inviolable.
Nevertheless, the sovereign state shall exercise its duty and authority towards the
territory with high responsibility to affirm its sovereignty on such area. |
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