Definition of International Law According to Mochtar Kusumaatmadja

Summary

In this video, Agit Yogi Subandi introduces the thoughts of Mochtar Kusumaatmadja, a renowned Indonesian legal expert, on international law. Kusumaatmadja defines international law as a set of rules governing relations between states and non-state actors, transcending national borders. He emphasizes the evolution of international law to include not only state-to-state relations but also those involving international organizations and individuals. Kusumaatmadja's contributions include pioneering international law education in Indonesia and his influential works, such as 'Introduction to International Law,' which continues to shape legal studies in the country.

Takeaways

• 😀 International law is concerned with relations and issues that cross national borders between countries and other legal subjects, not just states.
• 😀 Mochtar Kusumaatmadja is a prominent Indonesian legal expert known for his contributions to international law, development law, and maritime law.
• 😀 He introduced the concept of an 'archipelagic state,' which has been influential in international forums.
• 😀 Mochtar Kusumaatmadja’s book 'Introduction to International Law' has been a key reference for teaching international law in Indonesia.
• 😀 He emphasized the importance of using the term 'international law' instead of alternatives like 'transnational law' to more accurately reflect the complex relationships today.
• 😀 The definition of international law according to Mochtar Kusumaatmadja involves a set of rules and principles that govern relations between states and other legal subjects such as international organizations and individuals.
• 😀 International law is composed of rules and principles that guide behavior and establish norms, such as the principle of 'Pacta Sunt Servanda,' which holds agreements as binding.
• 😀 'Jus Cogens' (peremptory norms) are fundamental international law principles recognized by the international community, such as prohibitions on genocide, piracy, and slavery.
• 😀 The process of forming international legal norms is regulated by international agreements and conventions, such as the Vienna Convention on the Law of Treaties (1969).
• 😀 International law is evolving to include not only state-to-state relations but also interactions between states and non-state legal subjects, such as international organizations and individuals.

Q & A

Who is Mochtar Kusumaatmadja and what is his significance in the field of international law?

Mochtar Kusumaatmadja is a prominent Indonesian legal expert, educator, thinker, and practitioner in international law. He is a professor at Padjadjaran University and has served as the Minister of Foreign Affairs in Indonesia. He is known for pioneering the teaching of international law in Indonesia and for his contributions to the concept of 'development law' and 'archipelagic states'. His work in international law has earned him recognition both in Indonesia and internationally.

What is the main focus of the book 'Introduction to International Law' by Mochtar Kusumaatmadja?

Mochtar Kusumaatmadja's book 'Introduction to International Law', first published in 1976, serves as a fundamental reference for teaching international law in Indonesian law faculties. The book outlines essential principles of international law, focusing on its application and evolution in the context of global relations and legal systems.

Why did Mochtar Kusumaatmadja choose the term 'international law' instead of terms like 'transnational law' or 'law of nations'?

Mochtar Kusumaatmadja chose the term 'international law' because it best reflects the evolving nature of legal relationships in modern times. Unlike traditional terms such as 'national law' or 'law of nations', 'international law' now encompasses not only relations between states but also between states and international organizations, as well as non-state legal subjects.

What does the definition of international law proposed by Mochtar Kusumaatmadja include?

Mochtar Kusumaatmadja defines international law as the complete set of rules and principles governing relationships and issues that cross national borders, between countries, and between countries and non-state legal subjects. His definition highlights the growing role of non-state actors and international organizations in the field of international law.

How does Mochtar Kusumaatmadja differentiate between 'rules' and 'principles' in international law?

While Mochtar Kusumaatmadja does not explicitly define 'rules' and 'principles', the transcript suggests that principles represent the foundational ideas or concepts underlying the legal system, whereas rules, or norms, are the behavioral guidelines derived from these principles. For example, the principle of 'Pacta Sunt Servanda' dictates that agreements made between parties are legally binding.

What is the significance of 'jus cogens' or 'peremptory norms' in international law?

'Jus cogens' or peremptory norms are fundamental principles in international law that cannot be violated under any circumstances. Examples of these norms include the prohibition of genocide, slavery, piracy, and torture. These norms are considered essential to the international legal system and hold a higher status than other rules.

What role do international agreements play in international law?

International agreements are the concrete manifestation of international legal norms, created through treaties and conventions. These agreements are guided by principles such as 'jus cogens' and are governed by mechanisms such as the Vienna Convention on the Law of Treaties (1969). These agreements are vital in regulating relations between states and other legal subjects.

What types of international relations are highlighted in the transcript, particularly with regard to Indonesia?

The transcript highlights several types of international relations involving Indonesia, including cooperation in trade, political identity, state boundaries, security, and regional economic cooperation. Specific examples include agreements on boundary definitions with Malaysia and economic partnerships with Australia under the Indonesia-Australia Comprehensive Economic Partnership Agreement.

How has the role of non-state legal subjects in international law evolved according to Mochtar Kusumaatmadja?

Mochtar Kusumaatmadja predicts that the role of non-state legal subjects, such as international organizations, individuals, and even rebels, will increase in the future. He emphasizes that international law is no longer limited to state-to-state relations but now includes interactions with non-state actors, such as the International Red Cross, the Holy See, and international organizations like the United Nations.

What are some examples of international legal subjects other than states mentioned in the transcript?

Other than states, international legal subjects include the Holy See, international organizations (e.g., the United Nations and its specialized agencies), individuals under certain conditions, and even belligerents or rebels who may enter into legal agreements. These developments reflect the growing diversity of actors in international law.