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Journal articles on the topic 'Boundary disputes'
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Marsianus Ampat, Yustinus Pedo, Ernesta Uba Wohon, and Stefanus Don Rade. "Tu'a Golo's role in resolving land disputes between Poka indigenous people, Longko Village, Wae Ri'i District, Manggarai Regency." Al Ahkam 19, no. 1 (July 27, 2023): 48–58. http://dx.doi.org/10.37035/ajh.v19i1.8962.
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The Poka Indigenous People are part of the Manggarai community, also practicing matters related to Manggarai culture such as resolving land disputes between community members. This research was conducted to find out the role of Tu'a Golo in resolving disputes among the Indigenous People of the Poka Village, Longko Village, Wae Ri'i District, Manggarai Regency. Based on the results of the study, the role of Tu'a Golo in the Poka Indigenous People is to: Regulate and manage the socio-economic and cultural life of the community and resolve land boundary disputes of the Poka indigenous people. The role of Tu'a Golo in resolving land boundary disputes is as follows: 1) The role of Tu’a Golo in the dispute between Benyamin Bago and the Manggarai Regency Government. In this case, Tu'a Golo was presented by the police only as a witness. 2) The role of Tu’a Golo in the dispute between Alosius Sema and Benyamin Bago, namely: receiving and assessing community reports regarding the disputed dispute, leading the lonto leok event in resolving cases, summoning tu'a-tu'a panga and witnesses, leading the event of reviewing the location of cases, deciding cases, being a witness in a case. The decision of the old golo regarding the land boundary dispute between Alosius Sema and Benyamin Bago has binding force and applies to the parties, but is not final. According to the researcher, Tu’a Golo decision in the dispute between Alosius Sema and Benyamin Bago fulfilled the element of justice.
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Harries, Karsten. "Boundary Disputes." Journal of Philosophy 83, no. 11 (1986): 676–77. http://dx.doi.org/10.5840/jphil1986831116.
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Wessely, Simon. "Boundary disputes." Lancet 380, no. 9856 (November 2012): 1807–8. http://dx.doi.org/10.1016/s0140-6736(12)62015-7.
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Horton, Jonathan C. "Boundary disputes." Nature 406, no. 6796 (August 2000): 565. http://dx.doi.org/10.1038/35020648.
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Bloomfield, Brian P., and Theo Vurdubakis. "Boundary Disputes:." Information Technology & People 7, no. 1 (March 1994): 9–24. http://dx.doi.org/10.1108/09593849410074007.
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Richardson, Elliot L. "Jan Mayen in Perspective." American Journal of International Law 82, no. 3 (July 1988): 443–58. http://dx.doi.org/10.2307/2202960.
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On October 22, 1981, the Governments of Iceland and Norway approved an agreement for the joint management of the resources of the Jan Mayen continental shelf. Incorporating the recommendations of a three-member conciliation commission, the Agreement obviated the need to draw a line demarcating the right to exploit the nonliving resources in the disputed area. The proliferation of boundary disputes during the intervening 7 years makes this an appropriate time to look at the potential benefits of using this approach in other maritime boundary disputes. After reviewing the stages in the resolution of the Jan Mayen dispute and the terms of the Agreement, this essay will discuss other situations in which the joint development approach has been used, the factors affecting its success and some examples of current delimitation disputes where this approach may be applicable.
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Sim, Christine. "Maritime Boundary Disputes and Article 298 of UNCLOS." Asia-Pacific Journal of Ocean Law and Policy 3, no. 2 (November 1, 2018): 232–73. http://dx.doi.org/10.1163/24519391-00302005.
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Maritime boundary disputes pose the most dangerous potential for conflict between States. Article 298 of UNCLOS was designed as a safety valve to allow exclusion of sensitive disputes arising out of contested maritime boundaries—but also to provide a safety net for peaceful resolution of all UNCLOS disputes. This paper offers views on four questions which remain unresolved. First, may States exclude obligations of restraint and cooperation under Articles 74(3) and 83(3) of UNCLOS from compulsory dispute settlement by an Article 298 declaration? Second, for submission to compulsory conciliation, what criteria should be used to decide if the dispute arose subsequent to the entry into force of UNCLOS? Third, does a court, arbitral tribunal or conciliation commission have jurisdiction to consider ‘mixed disputes’ involving land sovereignty or other rights? Fourth, what is the meaning of “shall, by mutual consent”—when conciliation fails to reach an agreement, are the parties bound to refer their dispute back to compulsory third party dispute settlement under section 2 of Part XV of UNCLOS?
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Anyab, Ferdinan Paulus. "Sengketa Batas Wilayah dalam Sistem Pemerintah Daerah (Studi pada Batas Wilayah Kabupaten Sintang dan Kabupaten Sekadau)." MLJ Merdeka Law Journal 2, no. 2 (October 20, 2021): 110–17. http://dx.doi.org/10.26905/mlj.v2i2.7156.
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This study aims to analyze the settlement of boundary disputes that are available in the Indonesian legal system, analyze the factors that cause boundary disputes in the expansion of the Autonomous Region in Sintang Regency and Sekadau Regency. The type of research conducted is juridical-empirical. The results of the study conclude that: First, the pattern of settlement of territorial boundary disputes is generally through two channels, namely: non-legal settlement of border disputes, and legal settlement. Non-legally mediated by the Ministry of Home Affairs and the Governor. Meanwhile, legal dispute resolution is pursued through litigation. The occurrence of territorial boundary disputes is triggered by the process of regional expansion which does not require regional boundaries as a legal requirement in regional expansion. The requirements that are met are more technical, physical and political. In territorial boundary disputes with district governments, the role of the provincial government is only as a facilitator according to the level of the case dispute.DOI: https://doi.org/10.26905/mlj.v2i2.7156
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Wang, Lan. "A Brief Analysis of the Defining Standard of the National Territorial Boundary Treaty." Law and Economy 2, no. 2 (February 2023): 31–36. http://dx.doi.org/10.56397/le.2023.02.04.
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Territorial sovereignty refers to the supreme power a country has over its territory itself and the people and things within its territory, and its content includes ownership and jurisdiction. The state’s ownership of the territory means that the state has the right to possess, use and control all the land and resources within its territory, so the importance of territorial treaties is self-evident. The area under the jurisdiction of a sovereign state usually includes land (territorial land), internal waters (including rivers, lakes, and internal seas) within a country’s national borders (borders), as well as their sub beds, subsoils, and airspace (airspace). Sometimes it also includes territorial waters. There are often disputes over territorial disputes between different countries. Therefore, the International Court of Justice needs to make correct judgments based on the treaty. In judicial practice, a treaty accepted after analysis has a decisive weight in determining the territorial sovereignty and boundary of the disputed country. Therefore, the parties will provide a large amount of treaty evidence to the International Court of Justice based on their respective interests. In general, the case law of the International Court of Justice on territories reveals two common disputes. The first type of dispute is related to the existing territorial treaty; the second type of dispute involves not the existence of the territorial treaty itself, but its validity. Territorial sovereignty belongs to a country’s core interests. Based on the provisions of Articles 31-32 of the Vienna Convention on the Law of Treaties, the International Court of Justice adopted defining standards such as “substance superior to form” and “consent” when resolving disputes over national territorial border treaties. However, some treaties concerning territorial sovereignty will cause disputes, so the definition of territorial treaties needs to be further determined.
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THIRLWAY, HUGH. "Territorial Disputes and Their Resolution in the Recent Jurisprudence of the International Court of Justice." Leiden Journal of International Law 31, no. 1 (December 10, 2017): 117–46. http://dx.doi.org/10.1017/s0922156517000553.
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AbstractThe workload of the International Court of Justice in recent years has increasingly featured cases of disputes classified either as ‘territorial disputes’ or as ‘boundary disputes’, or otherwise involving the Court in considerations of the law relating to acquisition or transmission of territory, or to the creation, location and effect of territorial frontiers. The present survey analyzes the contributions to international law of the Court's decisions in these recent cases. Matters examined include the significance of the terms ‘boundary dispute’ or ‘territorial dispute’; the definition of what constitutes sovereign territory; titles andeffectivitésas bases for territorial claims; decolonization and theuti possidetis juris; use of natural features or of straight lines as boundaries; and relations across a frontier once established.
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Leverton, Philip. "Boundary Disputes992John Anstey. Boundary Disputes. 1998." Property Management 17, no. 1 (March 1999): 114–15. http://dx.doi.org/10.1108/pm.1999.17.1.114.2.
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Rashadat Majidli, Jamila. "THE INTERNATIONAL CASES CONCERNING JOINT DEVELOPMENT AGREEMENTS (The Case of Saadia Arabia- Bahrain, Japan-South Korea, Thailand-Malaysia)." ANCIENT LAND 04, no. 02 (April 21, 2021): 35–38. http://dx.doi.org/10.36719/2706-6185/04/35-38.
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This article is dedicated to analysing the joint development agreements resolving or temporarily suspending maritime boundary disputes cases between Japan-South Korea, Saadia Arabia-Bahrain, and Thailand-Malaysia. Regardless of whether any delimitation line exists or not, international law allows the parties to agree on delimitation by consulting on the most appropriate conditions or jointly operate on the disputed zone, field or maritime border. If the cross-border dispute on hydrocarbon resources exists, the conclusion of a unitization agreement is not ruled out by the international practice as much. This article identifies the features of the joint development agreements, divides them into the three models recognized internationally, analyzes the main characteristics of each model of the joint development agreements through historical important precedents. Furthermore, the research lets daylight into the essential statements that regulate the fiscal regime, share proportion issues, the sovereign right, and the right to use subsoil and the seabed, within the agreements. Key words: Maritime boundary disputes, joint development agreements, unitization agreements, delimitation, joint development zone, international cases, demarcation of the continental shelf, seabed, disputes on petroleum reservoir, oil fields, production share agreements
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Boamah, Frederick. "Diplomacy and the challenges of resolving maritime boundary disputes in West Africa: Weighing the options in the case of Ghana and its immediate neighbours." International Journal of Maritime History 33, no. 4 (November 2021): 773–90. http://dx.doi.org/10.1177/08438714211061678.
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Over the years, the international community has ensured the peaceful resolution of conflict among states. This is reflected in the Charter of the United Nations, where peaceful resolution of international disputes is promoted to ensure global peace and security. The use of diplomacy and pacific settlement of international dispute has been promoted among conflicting states due to its perceived inherent merits. This research explores the significance of diplomacy in resolving maritime boundary disputes in West Africa, placing emphasis on the disputes between Ghana and its neighbours. It does this by looking at secondary data, as well as the unpublished meeting minutes of the parties, to assess diplomacy and other pacific channels of conflict resolution as opposed to third-party dispute processes. The paper highlights diplomacy as the most appropriate means to resolve maritime boundary disputes in West Africa, particularly those confronting Ghana and its neighbours.
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Ward, C. M. "Advertising and boundary disputes." British Journal of Plastic Surgery 47, no. 5 (1994): 381–85. http://dx.doi.org/10.1016/0007-1226(94)90101-5.
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Bowett, D. W. "The Taba Award of 29 September 1988." Israel Law Review 23, no. 4 (1989): 429–42. http://dx.doi.org/10.1017/s002122370000964x.
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This was an important award because it concerned the implementation of the Treaty of Peace of March 1979 between Israel and Egypt. Israel's obligation to withdraw “behind the international boundary” could not be implemented to the satisfaction of both parties so long as there existed a disagreement over the location of that boundary.The Joint Commission established pursuant to Article IV of the Peace Treaty, a body of military personnel, finally identified some 14 boundary pillars the location of which remained disputed. And, since Article VII of the Peace Treaty required reference to conciliation or arbitration of disputes not resolved by negotiations, the dispute over the location of these boundary pillars was referred to arbitration by the Compromis of 11 September 1986.
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Sakuwa, Kentaro, and William R. Thompson. "On the origins, persistence and termination of spatial and positional rivalries in world politics: Elaborating a two-issue theory of conflict escalation." International Area Studies Review 22, no. 3 (May 13, 2019): 203–25. http://dx.doi.org/10.1177/2233865919846729.
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What drives the dynamics of rivalry? We propose a general explanation of why international rivalries originate, persist, and terminate. We argue that rivalries persist as long as contested issues are present. Rivalries tend to form between actors with spatial or positional disputes. As rivals cease disputing spatial or positional issues, they are less likely to maintain hostility or manifest overt conflict toward each other. Particularly focusing on the role of territorial issues, we test an issue-based explanation of rivalry processes utilizing an extended boundary dispute dataset. The empirical analysis reveals that the effect of territorial disputes is contingent on the type of rivalry. Spatial rivalries, as opposed to positional rivalries, tend to develop when there are boundary disputes. When these spatial disputes are resolved, spatial rivalries tend to end, while positional rivalries and “mixed” (both spatial and positional) rivalries are less affected by the absence of boundary disputes. Rivalries tend to be conflictual, but only as long as the relevant issues persist. Such results show the importance of contested issues driving the rivalry processes.
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Maisyarah, Maisyarah, Humaizi Humaizi, and Dewi Kurniawati. "Communication Strategy in Handling Land Boundary Disputes at the Land Office of Lhokseumawe City." Journal of World Science 3, no. 7 (July 24, 2024): 708–25. http://dx.doi.org/10.58344/jws.v3i7.662.
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This research aims to determine the communication strategy used by the Dispute Control and Handling Section of the Lhokseumawe City Land Office in managing land boundary disputes. The main theories and concepts used are communication strategy, organizational communication, and persuasive communication. This research uses a qualitative approach with a case study method, data collected through observation and interviews with employees involved in handling land boundary disputes. The results of this study found that the Lhokseumawe City Land Office uses a caucus process in its communication strategy in handling disputes, in contrast to the more commonly used direct mediation approach. The stages of dispute handling are in accordance with Hafied Cangara's five-step communication planning model. Analysis of the communication dimensions shows that internal communication occurs both vertically and horizontally through meetings, phone calls, and WhatsApp messages, involving reciprocal exchanges between leaders and employees and between employees. External communication involves the office acting as a facilitator during meetings. Persuasive techniques identified include integration, which involves negotiation, and fear induction, which highlights the potential consequences of unresolved disputes. The implications of this research underscore the importance of structured communication planning and strategy in effective dispute management. The findings suggest that other government agencies may benefit from adopting a similar approach. The use of effective persuasive techniques can improve the efficiency of dispute resolution.
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Schenoni, Luis L., Gary Goertz, Andrew P. Owsiak, and Paul F. Diehl. "Settling Resistant Territorial Disputes: The Territorial Boundary Peace in Latin America." International Studies Quarterly 64, no. 1 (January 13, 2020): 57–70. http://dx.doi.org/10.1093/isq/sqz091.
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Abstract Why do some territorial disputes defy settlement? Through what mechanism might these resistant territorial disputes be settled? We propose that the answer involves three individually necessary and jointly sufficient conditions. First, the dispute must receive attention—i.e., be (re)placed and (re)prioritized on the dyad's agenda. Second, governments need altered preferences that expand the bargaining range so they can break deadlock and pursue settlement. Finally, disputing states need third-party assistance to facilitate, locate, incentivize, and support a settlement of their protracted dispute. We test this “AAA Model” in post–World War II Latin America. To do this, we first theorize the particular form of the general model; in post–1945 Latin America, attention, altered preferences, and third-party assistance operate through the mechanisms of militarization, democratization, and mediation respectively. We then identify resistant territorial disputes and advance a novel, multimethod research design to evaluate our hypotheses—one that relies more heavily on within-case counterfactual analysis. An extensive series of these counterfactual analyses, along with a statistical analysis, produce consistent, significant support for our model. When resistant territorial disputes in post–1945 Latin America have attention, altered preferences, and third-party assistance simultaneously, they always settle; when they lack any one factor, however, settlement never occurs.
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Teku, Lusiana Maryati Karuni Poso, Mujiati Mujiati, and Dian Aries Mujiburohman. "Penyelesaian Sengketa Pertanahan Melalui Perbaikan Kualitas Data Pertanahan Di Kabupaten Manggarai Barat." PERSPEKTIF 11, no. 2 (April 18, 2022): 779–85. http://dx.doi.org/10.31289/perspektif.v11i2.6120.
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One of the causes of land problems is the absence of complete and accurate data on registered land ownership. This happens because the digitization process has not yet been completed, whether the certificates, land books or letters of measurement and maps. So, the purpose of this study is to analyze the quality of land data to identify and resolve land disputes. The method used is a qualitative descriptive method, with the results showing that one of the Independent Land Data Quality Improvement activities (PKDPM) produces a dispute map containing the names of the parties with problems and the location of the land indicated as problematic. Based on the dispute map, it can identify 58 (fifty-eight) land disputes which are classified into 4 (four) namely overlapping, boundary disputes, inheritance disputes and land ownership disputes. However, out of 58 disputes, only 5 cases could be resolved through mediation at the West Manggarai Land Office. So, it can be concluded that PKDPM activities are only able to identify disputes, but are not able to resolve existing disputes.
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Alemneh, Asmare Shetahun. "Rural Land Use Disputes in Bahir Dar Zuria Woreda Community of Ethiopia." International Journal of Agricultural Social Economics and Rural Development (Ijaserd) 4, no. 1 (June 29, 2024): 37–49. http://dx.doi.org/10.37149/ijaserd.v4i1.1111.
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The objective of the paper is to assess rural land dispute in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Key informants and FGD participants were selected based on purposive and snowball sampling methods. The total number of informants participated in this study were 106. The data were analyzed qualitatively through the use of thematic analysis. It is found that rural land disputes were instigated due to various factors like the increases in population number, scarcity of farm land, poverty, the increase in rural land value, and weak rural land administration system, land registration and certification, increase in rural land value were the indirect causes of rural land disputes and the study identified the direct cause rural land disputes such as boundary disputes, inheritances disputes, transfer of land disputes, land dispute on access to road, drainage direction dispute, plant shade, land garbing, dispute on grazing land, divorce related disputes, compensation payment for expropriation of rural lands to the city, livestock destroy crops dispute, and ownership disputes. Rural land use dispute is better resolved through indigenous dispute resolution mechanisms. The government and other stockholders should give emphasis to the increasing land use dispute and needs to integrate the modern and indigenous conflict resolution mechanisms to mitigate the problem.
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Thao, Nguyen Hong, and Ramses Amer. "Managing Vietnam's Maritime Boundary Disputes." Ocean Development & International Law 38, no. 3 (August 31, 2007): 305–24. http://dx.doi.org/10.1080/00908320701530482.
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WÄLDE, Thomas. "Methods for Settling Boundary Disputes." Journal of World Investment & Trade 4, no. 1 (2003): 51–61. http://dx.doi.org/10.1163/221190003x00192.
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Josipovič, Damir. "Hrvatsko-slovenska granica: pozadina određivanja i mijenjanja granica u Istri s obzirom na suvremene granične probleme." Geoadria 17, no. 1 (June 1, 2012): 25. http://dx.doi.org/10.15291/geoadria.236.
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Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797). But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokava) River, the ungraspable notions of Austrian censuses in Istria, and the narratives of partisan settlements on military jurisdiction. However, there are other very important aspects which significantly shaped the development of the dispute, but we will focus at assessing the importance of the aforementioned ones. In this sense, the analysis of the effects of the outcome of the Trieste dispute and its implications to the contemporary interstate dispute is set forth. By unveiling its material and consequently its psychological effects upon the contemporary bilateral relations, its analyses simultaneously reveals backgrounds of never answered question, why Kozler's proposed linguistic boundary around Dragonja (Rokava) River turned out to become a boundary of national character. Though nowadays disputed, there is absolutely no chance for both involved parties to substantially draw away from once decisively drawn line of a layman. Despite the fierce battle of words in Slovenian public media on whether should the interstate boundary be placed on Mirna (Quieto) or Dragonja Rivers, it will be argued here that the actual choice of the Valley of Dragonja as a boundary is by all means Slovenian. The arguments are based on extensive analyses of cartographic materials, relevant literature, documents, and statistical data.
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AYALEW, Negesse Asnake. "Long Rang Trans-Boundary Air Pollution Smelter Case Arbitration Outcome." International Journal of Environmental, Sustainability, and Social Science 1, no. 1 (March 31, 2020): 9–14. http://dx.doi.org/10.38142/ijesss.v1i1.11.
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The purpose of the investment is to bring benefits to the owners and sustainable development for the local community and for future generations. Arbitration is the process of resolving legal disputes between individuals, groups and countries. Every investment activity must ensure sustainable development to respect the rights of future generations. However; Canadian zinc smelting companies emit sulfur dioxide and cause air pollution in the United States. This created a dispute between Canada and the United States, then they agreed to settle it through a neutral arbitration court. As a result, this arbitration court ruling creates two principles of international environmental law primarily; the polluter pays the principle and obligation of the state not to damage the environment outside its jurisdiction. This arbitration award establishes the concept of Harm across borders and the principle of polluter pays to ensure the sovereignty of international environmental law. Therefore; if disputes arise between countries, they can resolve them through peaceful dispute resolution mechanisms such as negotiation, mediation and arbitration
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Agung Yonathan, Albertus, Felix Thekno, and Rasji Rasji. "Efisiensi Garis Litigasi dan Garis Non Litigasi pada Penyelesaian Sengketa Batas Laut Indonesia Menurut Unclos 1982." COMSERVA Indonesian Jurnal of Community Services and Development 2, no. 08 (December 28, 2022): 1563–72. http://dx.doi.org/10.59141/comserva.v2i08.496.
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The purpose of this study is to investigate and analyze the causes of maritime boundary disputes in Indonesia as well as the efficiency of ITLOS in resolving such disputes. Using a statutory approach and a case approach, the author conducted normative legal research. Boundary disputes or disputes involving countries, islands or the sea can be resolved by international courts acting in accordance with international law. There are still many maritime boundary disputes, such as those concerning the Malacca Strait between Malaysia and Indonesia, the Natuna Sea area between Indonesia and Vietnam, the Exclusive Economic Zone (EEZ), the South China Sea, and other maritime boundaries. It is these unilateral claims that cause conflict in interstate relations. This can occur due to unresolved international negotiations, violations by one of the parties (countries), unclear sea boundaries, etc. UNCLOS 1982 is a United Nations Convention with a global reach that applies and only applies to countries that have ratified it. Maritime boundary disputes can be resolved in one of two ways: through litigation or through non-litigation. The last resort for resolving maritime boundary disputes is ITLOS. In Indonesia, resolving maritime boundary disputes through litigation has been more successful than resolving disputes through non-litigation.
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Agung Yonathan, Albertus, Felix Thekno, and Rasji Rasji. "Efisiensi Garis Litigasi dan Garis Non Litigasi pada Penyelesaian Sengketa Batas Laut Indonesia Menurut Unclos 1982." COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat 2, no. 8 (December 28, 2022): 1563–72. http://dx.doi.org/10.59141/comserva.v2i8.496.
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The purpose of this study is to investigate and analyze the causes of maritime boundary disputes in Indonesia as well as the efficiency of ITLOS in resolving such disputes. Using a statutory approach and a case approach, the author conducted normative legal research. Boundary disputes or disputes involving countries, islands or the sea can be resolved by international courts acting in accordance with international law. There are still many maritime boundary disputes, such as those concerning the Malacca Strait between Malaysia and Indonesia, the Natuna Sea area between Indonesia and Vietnam, the Exclusive Economic Zone (EEZ), the South China Sea, and other maritime boundaries. It is these unilateral claims that cause conflict in interstate relations. This can occur due to unresolved international negotiations, violations by one of the parties (countries), unclear sea boundaries, etc. UNCLOS 1982 is a United Nations Convention with a global reach that applies and only applies to countries that have ratified it. Maritime boundary disputes can be resolved in one of two ways: through litigation or through non-litigation. The last resort for resolving maritime boundary disputes is ITLOS. In Indonesia, resolving maritime boundary disputes through litigation has been more successful than resolving disputes through non-litigation.
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Sya'dullah. "ANALISIS SENGKETA KEPEMILIKAN AMBALAT ANTARA INDONESIA DAN MALAYSIA DALAM PRESPEKTIF SIYASAH DUSTURIYAH." Republic : Journal of Constitutional Law 1, no. 2 (October 31, 2023): 125–42. http://dx.doi.org/10.55352/htn.v1i2.691.
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The Ambalat Block belongs to Indonesia, this is based on evidence of the signing of the Indonesia-Malaysia Continental Boundary Agreement on 27 October 1969, which was signed in Kuala Lumpur and then ratified on 7 November 1969. This type of research is considered normative research. The nature of this research is descriptive analytical. Data was taken from two sources, namely primary sources and secondary sources. The approaches used are statutory, historical and conceptual. The data collection method was carried out using a literature study, namely a method in the form of collecting legal materials, obtained from library books or other readings that are related to the problems of the Ambalat sea dispute and siyasah dusturiyah. The results of this research concluded that Malaysia has ignored the fact that its country is a coast and not an island nation. Maritime boundary disputes up to the resolution of disputes between Indonesia and Malaysia are regulated in Law Number 17 of 1985 and UCLOS 1983. Fiqh Siyasah regarding the Ambalat Sea territorial boundary dispute between Indonesia and Malaysia is included in the Siyasah Dusturiyah category which discusses wizarah or assistants to the Imamah which can be interpreted as the minister in charge of resolving internal and external problems within the state and as supervisor of state administration. So it can be concluded that the Minister of Defense or Wazir Amirul Jaisy in resolving cases between the State of Indonesia and the State of Malaysia regarding territorial boundary disputes in the Ambalat Sea can be resolved using the law Islam by making peace, and not separating or being hostile to each other
Keywords: Ambalat, Dispute, Siyasah Dusturiyah
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Agegnehu, Sayeh Kassaw, Tilahun Dires, Worku Nega, and Reinfried Mansberger. "Land Tenure Disputes and Resolution Mechanisms: Evidence from Peri-Urban and Nearby Rural Kebeles of Debre Markos Town, Ethiopia." Land 10, no. 10 (October 11, 2021): 1071. http://dx.doi.org/10.3390/land10101071.
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In Ethiopia, like in other developing countries, land disputes are critical problems both in peri-urban and rural areas. Handling such disputes requires scientific and evidence-based interventions. This study analyzes the nature, types, and causes of land tenure disputes and the resolution mechanisms thereof in peri-urban and nearby rural kebeles of Debre Markos town. Interviews for the investigation were conducted with sample landholders and concerned legal experts in Debre Markos town’s peri-urban area and Gozamin Wereda of Amhara National Regional State in Ethiopia. Compared to rural areas, the incidence of land tenure disputes is high in peri-urban areas. The land tenure disputes identified in the study areas are boundary trespassing disputes, landholding disputes, land rental disagreements, divorce-related land disputes, bequeath disputes, parcel exchange disputes, and land use-related disputes. The land tenure disputes are resolved mainly by formal means such as court litigations and administrative decisions, or by informal means known as alternative dispute resolution mechanisms (ADRMs). In both study areas, negotiation, mediation/conciliation, and arbitration are the most frequently employed ADRMs. In particular, mediation plays a significant role in resolving symmetrical land tenure disputes both in peri-urban and rural areas.
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Bamidele, Seun, and Olusegun Oladele Idowu. "Land Boundary Disputes Resolution: A Qualitative Study of Peace and Conflict Resolution between Erinle-Offa Communities in Kwara State, Nigeria." ABUAD Journal of Social and Management Sciences 4, no. 2 (December 19, 2023): 228–48. http://dx.doi.org/10.53982/ajsms.2023.0402.04-j.
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The study focused on land boundary disputes and the resolution challenges in the Erinle-Offa communities of Kwara State, Nigeria. The history of the two communities is laced with hostility and aggression, which has resulted in violent disputes at various times. Quite a number of works have emerged on the causes and consequences of the violent clash. However, the aftermaths of the dispute, especially the tense relationship and peacebuilding process in the area, are yet to be sufficiently interrogated. This study investigated the state of relations between Erinle and Offa as well as land dispute resolution processes in the locality involving complex actors after the last violent clash. It also examined the factors responsible for land boundary disputes between the two communities. The findings showed that negative peace currently exists in the two communities and the land conflict is a perennial one that could arise at any time. The study used both primary and secondary data. The main method of data collection was the unstructured interview, which was conducted with 120 people, made up of traditional rulers, and local, political, religious and youth leaders. Secondary data was sourced from texts, newspapers, magazines, official gazettes, archival materials and the Internet.
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Charney, Jonathan I. "Progress in International Maritime Boundary Delimitation Law." American Journal of International Law 88, no. 2 (April 1994): 227–56. http://dx.doi.org/10.2307/2204098.
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Judgments of the International Court of Justice (ICJ) and awards of ad hoc arbitration tribunals carry special weight in international maritime boundary law. On its face, the international maritime boundary law codified in the 1982 Convention on the Law of the Sea is indeterminate. For the continental shelf and the exclusive economic zone, the legal obligation of coastal states is to delimit the boundary “by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.” The article on the delimitation of maritime boundaries in the territorial sea is no more determinative despite the fact that it makes direct references to the equidistant line, special circumstances and historic title. In spite of this indeterminacy, if not because of it, coastal states have found that third-party dispute settlement procedures can effectively resolve maritime boundary delimitation disputes. As a consequence, there are more judgments and awards on maritime boundary disputes than on any other subject of international law, and this trend is continuing.
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Jäkel, Olaf. "Denotational boundary disputes in political discourse." Cognitive Perspectives on Political Discourse 13, no. 2 (August 20, 2014): 336–63. http://dx.doi.org/10.1075/jlp.13.2.07jak.
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The cognitive semantic analysis of denotational incongruencies by means of comparative investigations of structural field patterns (cf. Jäkel 2001, 2003, 2010) can also be put to use in the investigation of certain kinds of contested concepts (Lakoff 1993), namely cases in which the field patterns themselves are under dispute. The case to be analysed is that of marriage, a cultural concept that has recently come under dispute in the socio-political discourse of Western countries. Competing cultural models (cf. Lakoff 1987) to be compared in this context include the traditional/conservative model as well as different versions of a more tolerant model and a liberal/progressive model. The analysis will focus on authentic language data from the United States, Canada, Great Britain, and Germany, supplemented by a diachronic comparison of dictionary definitions as well as the results of a survey done with young German informants.
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Ranjan, Amit. "INDIA-CHINA BOUNDARY DISPUTES: AN OVERVIEW." Asian Affairs 47, no. 1 (January 2, 2016): 101–14. http://dx.doi.org/10.1080/03068374.2015.1129869.
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Palenewen, James Yoseph, and Marthinus Solossa. "Indigenous Land Boundary Dispute between Awi Clan and Afar Clan in the Abepura District, Jayapura City." Journal of Progressive Law and Legal Studies 1, no. 02 (May 31, 2023): 144–50. http://dx.doi.org/10.59653/jplls.v1i02.126.
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Land border disputes often arise both in rural and urban areas with various problems related to customary land boundaries which can trigger clashes or conflicts between groups. Knowing the things that cause disputes in customary land boundary rights between the Awi and Afar clans and to find out the obstacles and obstacles faced in resolving customary land border disputes between the two groups. The approach used in research is empirical method, namely through field research or direct observation at research locations in order to obtain clarity about the object under study. The results of this research show that the dispute between the Awi clan (in Nafri village) and the Afar clan (in Enggros-Tobati village) occurred because the Afar clan put up a land claim flag on one of the red bridge road axles, but the Awi clan disagreed because they thought the land belonged to their group. Barriers and obstacles in resolving customary land border disputes between the Awi and Afar clans are only two factors, namely internal and external.
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Cohen, Maxwel. "Le traité canado-américain des eaux limitrophes et la Commission mixte internationale." Études internationales 11, no. 3 (April 12, 2005): 375–92. http://dx.doi.org/10.7202/701071ar.
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The general character of Canada-U.S. relations would have been sharply different in the past 65-70 years had there not been established the International Joint Commission under the Boundary Waters Treaty of 1909. That Treaty anticipated in a remarkably prophetic way the lively and sometimes dangerous disputes that arise over shared water resources, boundary and trans-boundary. By providing a mechanism for the settlement of disputes over boundary and trans-boundary water courses, lakes, rivers, etc. and by providing also an investigative mechanism for all other disputes that' may take place along the boundary, the framers of the Boundary Waters Treaty created perhaps better than they knew. For the International Joint Commission has proven to be an instrument of flexibility and high utility. For almost 70 years it has issued Orders of Approval in over 50 cases involving the construction of works affecting the levels and flows of boundary waters as well as causing trans-boundary waters to rise at the boundary and therefore, requiring the approval of the Commission. The whole question of water use/water allocation between neighbouring states sharing common river basins or having rivers and lakes as boundaries is involved in this exercise. It could not have been foreseen, however, that the pioneer language of the pollution provisions of the Boundary Waters Treaty should have moved the Commission with ease into the environmental era. While the Commission was investigating pollution of water questions as early as 1912, and while it recommended a Canada-U.S. Great Lakes Pollution Treaty as early as 1920, it was a great achievement of both countries in signing the Great Lakes Water Quality Agreement in 1972 and again in 1978, which created the massive environmental role as monitor, co-ordinator and advisor that the Commission now plays in relation to both governments in the Great Lakes basin, and also, in the other watersheds along the 5 500 mile frontier of both countries. With the rise in the knowledge of air pollution, and the interfacing between air, water and land use, there is now a whole complex that is ecologically at the basis of the concerns of Canada and the United States and is of prime interest to the Commission, and has become a fundamental aspect of its work. The future of the Commission is vital to the future of both countries as its successful past has been in maintaining reasonably friendly relations despite the tensions which disputes over water resources can cause. It is the thrust of this paper to describe and demonstrate the processes in dispute avoidance and dispute settlement, in shared resource-planning, for which the Boundary Waters Treaty, the Great Lakes Quality Agreement and the work of the Commission now stand.
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John Migui, Waweru, Nyabuti Damaris Kemunto, and Dr Anita Kiamba. "An analysis of Kenya-Somalia Maritime Territorial Dispute in IR perspective." International Journal of Research and Innovation in Social Science 06, no. 11 (2022): 350–55. http://dx.doi.org/10.47772/ijriss.2022.61121.
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Kenya-Somalia relations have been strained for some time due to economic and maritime boundary disputes. The area under dispute is a region in the Indian Ocean region stretching for more than 100,000 square kilometers. It is not clear which country could be the rightful owner of the contested area. Furthermore, countries in the global arena have, over the years, gained economic interest in the region as it is rich in oil. These countries include United States, France, Italy, Norway, the United Kingdom, Saudi Arabia, United Arab Emirates (UAE), Qatar, Turkey, and Italy. The International Court of Justice has been the main intermediary of the dispute between Kenya and Somali. However, The ICJ has faced a myriad of challenges in the dispute resolution. At last the International Court of Justice (ICJ) issued its long-awaited verdict in the case of Maritime Delimitation in the Indian Ocean (Somalia v Kenya) on the location of the maritime boundary between Somalia and Kenya on October 12, 2021. The study seeks to understand Kenya-Somalia Maritime Territorial Dispute. The objectives of the study is to analyze the role of the media in the Kenya-Somali maritime dispute and best mode of dispute settlement according to the provisions of Chapter VI of the UN Pacific Settlement of Disputes.
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Gayo, Sabela. "Maritime Dispute Resolution With Mediation Techniques." SASI 29, no. 3 (September 22, 2023): 589. http://dx.doi.org/10.47268/sasi.v29i3.1477.
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Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Alternative settlement of territorial boundary disputes can be done by, first, referring to UNCLOS 1982 through Bilateral Mutual Agreement in drawing a temporary line (equidistant line) using the equity principle and considering relevant factors and the possibility of modifying the equidistant line with the diplomatic approach of both countries, second, through the ASEAN mechanism, and. third, through the mechanism of the International Court of justice by promoting equitable principles and relevant circumstances.However, resolving with the second alternative is more appropriate because it can use mediation methods in maritime dispute resolution.
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Ayodele Olukolajo, Michael, Ifeoluwa Benjamin Oluleye, and Abiodun Kolawole Oyetunji. "Investigating Dispute and its Effect on Real Estate Transactions: Evidence from Traditional Urban City in Nigeria." International Journal of Real Estate Studies 15, no. 1 (June 23, 2021): 97–103. http://dx.doi.org/10.11113/intrest.v15n1.12.
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Clash of interest seems to be unavoidable in real estate matters. This could be due to the market’s complexity and the heterogeneous participants involved. The study examined the causes of dispute and its implication on real estate transactions in Akure (a traditional urban city), Nigeria. Data were collected through questionnaires administered to the target respondents, which comprise disputant residents and Estate Surveyors, and Valuers. The results were analyzed with mean item score and agreement analysis. Findings are that multiple allocations of land and boundary conflicts are the significant factors causing disputes within the study area. It was also discovered that development delay and market interruptions are the substantial implication in the disputes arising from real estate transactions. The study recommends that the concerned authority on land matters should ensure proper land record-keeping. This will help put to check the problem of multiple land allocations. Also, the appropriate land boundary mapping should be done to mitigate issues arising from boundary conflicts.
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Strating, Rebecca. "A ‘New Chapter’ in Australia–Timor Bilateral Relations? Assessing the Politics of the Timor Sea Maritime Boundary Treaty." Australian Year Book of International Law 36, no. 1 (October 1, 2019): 58–68. http://dx.doi.org/10.1163/26660229_03601005.
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Abstract The signing of the 2018 Maritime Boundary treaty was described by Australia’s then Foreign Minister Julie Bishop as opening ‘a new chapter’ in diplomatic relations with Timor-Leste. This contribution examines the importance of the treaty to bilateral relations. It provides a brief history of the Timor Sea disputes, explains Timor-Leste’s policy aims, and analyses Australia's foreign policy shift on the boundary delimitation issue. While there are positive signs in resolving the boundary dispute, uncertainty over the development of the Greater Sunrise gas field may impact bilateral relations in the future.
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Kalra, Meenakshi, and A. P. Bhanu. "Going Green by Adopting and Adapting Arbitration for Environment Related Disputes." Ecology, Environment and Conservation 29 (2023): 170–74. http://dx.doi.org/10.53550/eec.2023.v29i02s.032.
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Despite the fact that the law has evolved in addressing the array of concerns existing by often immediate and irreversible damage to the soul environment, the working of the law has been plagued by an unsuccessful dispute settlement mechanism with little detailing on its administration. International environmental treaties are gradually making more space for alternative dispute resolution (ADR) methods for dispute settlement. The Permanent Court of Arbitration Environment Arbitration Rules, 2001 are a set of rules with a little novel features addressing concerns which are exclusive for environmental disputes – the role of the nonstate actors and multi-party disputes. The rules are formed in a manner that would make possible for any group of parties to dispute state, NGOs, multinational corporations and even individuals. The policy is also formulated to tackle multi-party disputes. Another important characteristic of these rules are that they also addresses the cost aspect of international dispute settlement process - member states have access to the environment assistance fund. Permanent Court of Arbitration (PCA) and the environment rules fill the place of forum for environmental disputes with expertise. The paper makes no endeavor to state that there is nonexistence of normative structure with reference to dispute resolution in trans-boundary environmental disputes. Rather it aims to demonstrate the normative insufficiency in the methodology adopted to address the content of the dispute resolution mechanisms and present ADR methods as a successful methodology for resolution of environmental disputes. It starts with a concise discussion on the characterization of an environmental dispute and the difficulty in the present legal regime. This is followed by a short overview of the dispute settlement structure in international law. It then discusses the mechanism of conciliation, mandatory and optional, exemplified in the course of a few international environmental instruments. Further there is a dialogue on the Permanent Court of Arbitration Optional Rules for Conciliation in Environmental Disputes, 2001 (Hereinafter rules, 2001). The next part discusses the instrument of arbitration, mandatory and optional, as exemplified through state practice in a few arbitrations like the Mox Plant Arbitration, and the International Tribunal for the Law of the Sea (ITLOS) arbitrations. Additionally there is a conversation on the rules, 2001 and how they could be of importance by customizing them for disputes like the transboundary freshwater disputes. The paper concludes with an assessment of the rules.
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Kong, Lingjie. "The Belt and Road Initiative and China's Foreign Policy Toward Its Territorial and Boundary Disputes." China Quarterly of International Strategic Studies 01, no. 02 (July 2015): 325–45. http://dx.doi.org/10.1142/s2377740015500165.
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Outstanding territorial and boundary disputes both on land and at sea between China and many of its neighbors remain a most sensitive, complicated, and enduring matter in their bilateral relations. In 2013, China proposed the Belt and Road Initiative, which aims to promote connectivity and cooperation between China and the rest of the world through the land-based Silk Road Economic Belt and the oceangoing Maritime Silk Road. Under this Initiative, frontiers, land boundaries, borderlands, maritime boundaries, and the ocean enjoy unique positions. Obviously, impacts of these outstanding territorial and boundary disputes on the Initiative should not be underestimated. Meanwhile, the Initiative can facilitate cooperation between China and other disputant states on conflict management and dispute resolution. But such an effect should not be overestimated. Indeed, it can have a side effect, inducing some disputant states to take more provocative actions.
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Fry, James D. "Ethiopian Exceptionalism and the Eritrea-Ethiopia Boundary Commission." African Journal of International and Comparative Law 25, no. 2 (May 2017): 135–57. http://dx.doi.org/10.3366/ajicl.2017.0191.
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This article explores the reasons why Ethiopia relied on legal resolution with its territorial boundary dispute with Eritrea when it could have relied on its relative military power to dictate the terms and conditions of peace. It dismisses Ethiopia's familiarity with Western-style legal resolution and its relative lack of nationalism as potential explanations, instead focusing on Ethiopia's general sense of exceptionalism from its history as an African and global leader and as a respecter of international law, among other key factors. Ethiopia's example provides considerable hope that legal resolution can be used more frequently with politically sensitive disputes between states.
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Hartarto, Mahendra Tri, Adonia Ivone Laturette, and Jenny Kristiana Matuankotta. "Kedudukan Dan Peranan Kantor Pertanahan Sebagai Mediator Dalam Penyelesaian Sengketa Batas Tanah." PAMALI: Pattimura Magister Law Review 3, no. 1 (April 11, 2023): 65. http://dx.doi.org/10.47268/pamali.v3i1.1214.
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Introduction: Land is an object that is vulnerable to disputes and problems regarding ownership and boundaries.Purposes of the Research: Reviewing and analyzing the position and role of the Land Office as a Mediator in Settlement of Land Boundary Disputes, and efforts to resolve land boundary disputes at the Ambon City Land Office can be carried out in accordance with the provisions and binding according to the laws and regulations.Methods of the Research: This research was carried out in a normative juridical manner by using Statute Approach and a Conceptual Approach.Results of the Research: This research resulted in the substance that the position of the Land Office as a mediator in the settlement of land boundary disputes is as a government agency carrying out governmental tasks in the land sector. The task of the government in the land sector in question is the formulation and implementation of policies in the field of handling and preventing disputes and conflicts as well as the handling of land cases as well as the formulation and implementation of policies in the field of land surveying and mapping. The role of the Land Office as a mediator in mediating the settlement of land boundary disputes is to try to become a medium for the resolution of land boundary disputes by implementing a legal system to create justice and legal certainty. registered by the parties at the District Court where the jurisdiction of the land is located, so that it can be concluded that the results of mediation at the Land Office can have binding legal force.
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Triadmaja, Stefanus, and Nur Hidayat Sardini. "Political Territorial Boundary Dispute (Kupang City and Kupang Regency)." JPPUMA Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area 8, no. 2 (October 12, 2020): 99–105. http://dx.doi.org/10.31289/jppuma.v8i2.3524.
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This study is to analyze the impact of Political Border Disputes in the City of Kupang and Kupang Regency. Regional boundary disputes that occurred in the Nasipanaf region began since the enactment of Law Number 5 of 1996 Establishment of the Kupang Second Level Regional Municipality. on April 25, but the territorial borders were not taken seriously by the Government. The physical boundary between Kupang City and Kupang Regency on the ground is that there are still unclear boundary points, especially in the Nasipanaf region between Kelurahan Penfui and Desa Baumata Barat which have not been agreed between the two parties. The method used in this research is a qualitative descriptive method based on case studies as the sample in this study there are people from both the research locus and the government as the authorized party for decision making. The findings obtained in this study indicate that there has been a clash between residents resulting in conflict over the past few years. In addition, administrative issues also become a problem for people who are in the border area and infrastructure development also influence in the dispute over this area.
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Naway, Maryam, and Nurul Fazri Elfikri. "Untangling the Causes of Land Ownership Disputes." Estudiante Law Journal 4, no. 2 (June 14, 2022): 590–99. http://dx.doi.org/10.33756/eslaj.v4i2.18183.
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The purpose of this study is to find out and analyze the role of the village head as a mediator in resolving land title disputes in Tongo Village, Bonepantai District, and Bonebolango Regency. This research uses a type of empirical legal research, with a qualitative research approach that uses facts in the field as the main data source. The data sources used are the results ofobservation, interviews in the field, and documentation. The population and samples used are village heads and communities in dispute in Tongo Village. The results showed that (1) the settlement of land disputes in Tongo Village through the mediation of the Village Head is quite effective because it always strives to obtain mutual benefits and does not require a lot of costs, is more efficient, and still maintains good relations between the community; (2) while the factors causing land disputes in Tongo Village are the use of land without permission from the landowner, unclear division of inheritance, uncertified land, and land boundary disputes.
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Tupessy, Imanuel Jelles Izak, Wahab Tuanaya, and Nurainy Latuconsina. "Persepsi Masyarakat Dalam Penanganan Konflik Tanah Antara Ohoi Kelanit dan Ohoi Loon Pada Kabupaten Maluku Tenggara." Journal of Government Science Studies 3, no. 1 (April 29, 2024): 9–21. http://dx.doi.org/10.30598/jgssvol3issue1page9-21.
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This research is to analyze community perceptions in handling land conflicts between ohoi kelanit and ohoi loon in kei kecil sub-district, southeast maluku. The research location is Ohoi Kelanit and Ohoi Loon villages. The resource persons in this research are customary chiefs and community leaders. The data source in this research uses descriptive qualitative research data.The results of this study indicate that the thing that causes land disputes in the kei kecil sub- district of southeast maluku district between kelanit village and loon village is due to the construction of a welcome gate that has crossed the petuanan boundary. The role of the customary chief and community leaders in resolving land disputes is as a peace judge by summoning the parties related to the land dispute. While the obstacles that occur in the settlement of land disputes in Kelanit and Loon villages are that there are small groups that do not attend the settlement of land disputes.
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Balaram, Ravi A. "Case Study: The Myanmar and Bangladesh Maritime Boundary Dispute in the Bay of Bengal and Its Implications for South China Sea Claims." Journal of Current Southeast Asian Affairs 31, no. 3 (September 2012): 85–104. http://dx.doi.org/10.1177/186810341203100304.
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This paper seeks to review the pertinent Myanmar and Bangladesh history in overlapping maritime territorial claims leading up to the September 2011 International Tribunal for the Law of the Sea (ITLOS) case: Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal. It will dissect the legal proceedings as primary source documents and apply the relevant judgement findings to analyse the implications for the respective countries and for South China Sea maritime boundary disputes. While the judgements of this case set certain legal precedents that may be more easily applied to bilateral disputes, the implications, nevertheless, impinge on multilateral claims as well. To the extent that the Bangladesh-Myanmar ITLOS judgement provides a pathway to third-party, independent, and peaceful resolution to the potentially explosive and escalating tensions in the South China Sea, this paper argues that findings are relevant, but limited.
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Бурцев, О. В. "Land boundary disputes: types and their features." Problems of Legality, no. 127 (December 1, 2014): 88–94. http://dx.doi.org/10.21564/2414-990x.127.52408.
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Hasan, Md Monjur, He Jian, Md Wahidul Alam, and K. M. Azam Chowdhury. "Protracted maritime boundary disputes and maritime laws." Journal of International Maritime Safety, Environmental Affairs, and Shipping 2, no. 2 (February 8, 2019): 89–96. http://dx.doi.org/10.1080/25725084.2018.1564184.
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Murni, Afradiana, I. Wayan Landarawan, and I. Nyoman Natajaya. "Peranan Tu’a Golo Dalam Menyelesaikan Sengketa Tanah Ulayat Di Kecamatan Cibal Barat Manggarai Nusa Tenggara Timur." Jurnal Pacta Sunt Servanda 1, no. 1 (March 4, 2020): 23–43. http://dx.doi.org/10.23887/jpss.v1i1.357.
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This studyamis are to find out how golo tu’a resolving ulayat and disputes, the factors causingthe land disputes, the from of land disputes the occur in the village of Golo Lanak, West Cibal Subdistrict, Mangarai NTT, and the way tu’a golo ( adat head) in resolving ulayat and disputes in Golo Lanak Village, Cibal Barat District, Manggarai, NTT. This study use qualitative descriptive approach and the data was collected using the method of observation, interviews and documentation. The results of the study indicate that : the cause of ulayat land disputes is due to the land boundary of Golo Lanak Village is unclear. Disputes that onccur in Golo Lanak Village are the traditional community of Golo Woi Village (kina tribe) controlling the customary land owned by Golo Lanak Village (maki tribe) disputes is namely in the from of utterances of words where each thinks that they are right and entitle to land. The method of golo tua in resolving the costomary land dispute in the village of Golo Lanak is through lonto leok (deliberation). These are the customs and symbols of the Manggarai tradisional community that are used. In this from. Efforts to resolve ulayat land diputes are resolved with the hambor damai (somekind of peace treaty)
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Uzoamaka, Theresa, and Akpoghome Godwin Uduimoh. "Does the international Court of Justice have an impact on security on the African Continent?" KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 10, no. 1 (2023): 57–91. http://dx.doi.org/10.5771/2363-6262-2023-1-57.
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Africa has been home to several conflicts and insecurity due to several challenges ranging from climate change, hunger and malnutrition, diseases, increase in population and the scramble for the scanty resources on the continent. Among the problems in the continent is the border/territorial dispute occasioned by the demarcation and delimitation of boundaries by the colonial masters. These conflicts relating to border or territorial boundaries have exacerbated. Some of these cases were filed before the ICJ for adjudication and settlement. It is in the light of this that this paper examines the impact of the ICJ on security in Africa. The paper adopts the doctrinal method and examines the purpose of the League of Nations and the United Nations. The paper finds that the League and UN Charter encourages pacific settlement of disputes which includes judicial settlement. The paper notes that ICJ is the principal judicial organ of the UN and that the ICJ has settled several boundary disputes in Africa. Without the intervention of the ICJ these disputes had the potential to cause instabilities and full-scale wars. It observes that these settlements engenders peace and security and increases the confidence of African states in the Court. It further observes that ICJ also resolves cases that do not have boundary colorations. The paper notes that African states are willing to implement the decisions of the Court although they have not done so to demonstrate their willingness and readiness to obey international law. Instead there have been external influences or motives that have greatly contributed to the way states respond to the Court’s decision and notes that it can be argued that states have quickly complied with the decision of the ICJ when such decisions are in line with their domestic or political interests. The involvement of ICJ in resolving disputes in the region further reveals the continents growing confidence in the Court as the appropriate forum to resolve their disputes. This confidence has been demonstrated by the willingness of some African States to submit cases unrelated to territorial boundaries to the ICJ. These submissions reaffirm not only the willingness of parties to seek intervention of the ICJ to settle their disputes, but also the role and supremacy of the rule of law as the guiding framework to settle disputes among parties. The choice of the Court as a neutral arbiter removes the likelihood of bitter confrontation between governments and their peoples, particularly local communities, who may be unwilling to accept the outcome of the dispute. Based on the findings and observations, the paper recommends that ICJ should co-opt other regional and continental mechanisms in resolving boundary disputes. The paper notes the achievement of the AUBP and further recommends that ICJ should be a court of last resort for states. It then concludes by noting that Africa must be ready to find African solutions to African problems as regional mechanisms have better chances of understanding and resolving disputes better.