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Diplomacy and Treaty Governance by Indonesia as Norm-Shaping Practices to Align National Interests of Indonesia
Corresponding Author(s) : Abdurrahman Al-Fatih Ifdal
JURNAL HUBUNGAN LUAR NEGERI,
Vol. 9 No. 2 (2024): Jurnal Hubungan Luar Negeri
Abstract
Treaty governance in Indonesia is central to both the promotion of rule of law through diplomacy and the advancement of predictability in international relations, particularly through diplomacy conducted by Indonesia. By integrating domestic treaty governance with international legal standards, Indonesia enhances global legal stability and certainty. This approach highlights Indonesia’s commitment to maintaining legal principles, reinforcing its role as a key player in global diplomacy and international governance. This article hopes to thoroughly research on the practices considered norm-shaping as seen through Indonesia’s diplomacy and treaty governance laws, with a particular focus on the Minister of Foreign Affairs Regulation No. 4 of 2023 on the Governance of International Treaty Documents and other related regulations. In addition, this article seeks to identify the key norms regulating treaty governance in Indonesia as further established through Indonesia’s engagements in the international community. This article argues that treaty governance should not merely be seen as a monitoring mechanism but as a tool for shaping norms, promoting predictability in alignment with Indonesia’s national interests. This article then proposes a takeaway for Indonesia to identify its national laws in order to explicitly locate the treaty governance norms, in which Indonesia’s diplomacy must refer to. This strategic approach allows Indonesia to promote consistency and legal certainty globally while aligning international norms with its domestic priorities.
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- Aust, A., 2013. Modern treaty law and practice. Cambridge University Press.
- Australia. Foreign Relations (State and Territory Arrangements) Act 2020.
- Bauer, S., Busch, P.O. and Siebenhüner, B., 2009. Treaty secretariats in global environmental governance. In International organizations in global environmental governance (pp. 188-206). Routledge.
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- Clough, G., 2023. The Australia’s Foreign Relations Act and Australia’s Relationship with International Law. Federal Law Review, 51(2), pp.257-281.
- Firth, S., 2020. Australia in international politics: an introduction to Australian foreign policy. Routledge.
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- Kälin, W., 2000. Implementing treaties in domestic law: from “Pacta Sunt Servanda†to “Anything Goes�. In Multilateral treaty-making (pp. 111-128). Brill Nijhoff.
- Lantis, J.S., 2006. The life and death of international treaties: double-edged diplomacy and the politics of ratification in comparative perspective. International Politics, 43, pp.24-52.
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- Poulsen, L.N.S. and Aisbett, E., 2016. Diplomats want treaties: Diplomatic agendas and perks in the investment regime. Journal of International Dispute Settlement, 7(1), pp.72-91.
- Pratomo, E. and Riyanto, R.B., 2018. The legal status of treaty/international agreement and ratification in the Indonesian practice within the framework of the development of the national legal system. J. Legal Ethical & Regul. Isses, 21, p.1.
- Republic of Indonesia. Law No. 24 of 2000 on International Treaties. 23 October 2000. State Gazette of the. Republic of Indonesia No. 185 of 2000. Supplement to the State Gazette of the Republic of Indonesia No. 4012.
- Republic of Indonesia. Presidential Regulation No. 71 of 2020 on the Procedures for Ratification of International Trade Treaties. State Gazette of the Republic of Indonesia No. 154 of 2020.
- Republic of Indonesia. Regulation of the Minister of Trade Number 7 of 2021 Stages and Procedures for the Formation of International Trade Agreements. Official Gazette of the Republic of Indonesia No. 154 of 2021.
- Republic of Indonesia. Regulation of the Minister of Foreign Affairs No. 4 of 2023 on the Governance of International Treaty Documents. Official Gazette of the Republic of Indonesia No. 217 of 2023.
- Sampaio, D.P., 2022. Diplomatic culture and institutional design: Analyzing sixty years of Antarctic Treaty governance. Anais da Academia Brasileira de Ciências, 94, p.e20210539.
- Vienna Convention on the Law of Treaties. Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331.
- Webster, K. and Cheyne, C., 2017. Creating Treaty-based local governance in New Zealand: MÄÂori and PÄÂkehÄ views. KÃ…Âtuitui: New Zealand Journal of Social Sciences Online, 12(2), pp.146-164.
References
Aust, A., 2013. Modern treaty law and practice. Cambridge University Press.
Australia. Foreign Relations (State and Territory Arrangements) Act 2020.
Bauer, S., Busch, P.O. and Siebenhüner, B., 2009. Treaty secretariats in global environmental governance. In International organizations in global environmental governance (pp. 188-206). Routledge.
Christie, G., 2000. Justifying principles of treaty interpretation. Queen's LJ, 26, p.143.
Clough, G., 2023. The Australia’s Foreign Relations Act and Australia’s Relationship with International Law. Federal Law Review, 51(2), pp.257-281.
Firth, S., 2020. Australia in international politics: an introduction to Australian foreign policy. Routledge.
Fitzmaurice, M., Fitzmaurice, M., Elias, O.A. and Elias, O., 2005. Contemporary issues in the law of treaties. Eleven International Publishing.
Kälin, W., 2000. Implementing treaties in domestic law: from “Pacta Sunt Servanda†to “Anything Goes�. In Multilateral treaty-making (pp. 111-128). Brill Nijhoff.
Lantis, J.S., 2006. The life and death of international treaties: double-edged diplomacy and the politics of ratification in comparative perspective. International Politics, 43, pp.24-52.
Levit, J.K., 2017. A bottom-up approach to international lawmaking: the tale of three trade finance instruments. In The Globalization of International Law (pp. 559-646). Routledge.
Poulsen, L.N.S. and Aisbett, E., 2016. Diplomats want treaties: Diplomatic agendas and perks in the investment regime. Journal of International Dispute Settlement, 7(1), pp.72-91.
Pratomo, E. and Riyanto, R.B., 2018. The legal status of treaty/international agreement and ratification in the Indonesian practice within the framework of the development of the national legal system. J. Legal Ethical & Regul. Isses, 21, p.1.
Republic of Indonesia. Law No. 24 of 2000 on International Treaties. 23 October 2000. State Gazette of the. Republic of Indonesia No. 185 of 2000. Supplement to the State Gazette of the Republic of Indonesia No. 4012.
Republic of Indonesia. Presidential Regulation No. 71 of 2020 on the Procedures for Ratification of International Trade Treaties. State Gazette of the Republic of Indonesia No. 154 of 2020.
Republic of Indonesia. Regulation of the Minister of Trade Number 7 of 2021 Stages and Procedures for the Formation of International Trade Agreements. Official Gazette of the Republic of Indonesia No. 154 of 2021.
Republic of Indonesia. Regulation of the Minister of Foreign Affairs No. 4 of 2023 on the Governance of International Treaty Documents. Official Gazette of the Republic of Indonesia No. 217 of 2023.
Sampaio, D.P., 2022. Diplomatic culture and institutional design: Analyzing sixty years of Antarctic Treaty governance. Anais da Academia Brasileira de Ciências, 94, p.e20210539.
Vienna Convention on the Law of Treaties. Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331.
Webster, K. and Cheyne, C., 2017. Creating Treaty-based local governance in New Zealand: MÄÂori and PÄÂkehÄ views. KÃ…Âtuitui: New Zealand Journal of Social Sciences Online, 12(2), pp.146-164.