1st Edition

Culture and International Law
Proceedings of the International Conference of the Centre for International Law Studies (CILS 2018), October 2-3, 2018, Malang, Indonesia

ISBN 9781138387669
Published September 17, 2019 by CRC Press
488 Pages

USD $199.95

Prices & shipping based on shipping country


Book Description

In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia.
The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.

Table of Contents

Culture and armed conflict: Destruction of cultural heritage as method of ethnic cleansing
Helga Špadina

The objectives of Indonesian private international law
Tiurma M. Pitta Allagan

Restricted right to employment among refugees and asylum seekers in Indonesia and its consequences
Yanuar Sumarlan & Naparat Kranrattanasuit

Intentional destruction of cultural heritage and reparations
Ana Filipa Vrdoljak

Celebrating traditional culture through information science and technology
Dadan Suhandana, Tri Sony Saragih & Hokky Situngkir

The investment liberalization policy in the ASEAN territory considered in terms of the welfare state concept
Delfiyanti, M. Jhon

Online inventory access of Intangible Cultural Heritages of Indonesia

Legal protection of culture in Indonesia through the World Heritage Center UNESCO
Dyah Permata Budi Asri

The most-favored-nation principle in Indonesian investment law: Legal interpretation of Article 6 of Indonesian Investment Act No. 25 Year 2007
Emmy Latifah, Moch Najib Imanullah & Robertus Bima Wahyu Mahardika

Unesco’s intangible cultural heritage safeguard in Indonesia’s policy of batik and printed batik 2015
Shofi Fatihatun Sholihah

The legal implication of UNESCO Convention 2001 to the law of salvage and law of find in order to protect and to preserve underwater cultural heritage
Sri Wartini

Regulation of fisheries resources in support of sustainable development in Indonesia

Legally binding instrument on business and human rights: Opportunities and challenges
Iman Prihandono

Humanitarianism, state sovereignty, and ASEAN mode of governance: The case for a diversified global south perspective
Nandang Sutrisno

Global governance 2.0: A cultural approach toward a global regime
Ian Montratama

Cultural relativism approach to freedom of religion: How religious values affect business and investment in Indonesia
AAA. Nanda Saraswati

The protection of underwater cultural heritage in Indonesian law: Do sunken warships count?
Dhiana Puspitawati

The impact of information and communication technologies on the shifting of legal paradigms

Ahok, blasphemy or hate speech: An international legal analysis
Hanif Nur Widhiyanti & I. Wayan Surya Hamijaya J

What European human rights law can do to ensure Moslem women rights in freedom of religion in a workplace (A lesson learned from Asma Bougnaoui v Micropole SA case)
Hikmatul Ula, Ikaningtyas & Eka Rahmadini

Strategy of land asset protection in small islands exchange in the concept of archipelagic state and its modeling
Imam Koeswahyono

A socially just land reform model
Iwan Permadi

Urgency for civic education for inner Baduy tribe to raise democratic awareness in regional head elections in Lebak Banten
Jazim Hamidi, Airin Liemanto & Dwi Yono

Renegotiation contract of mining works
Ranitya Ganindha, Rumi Suwardiyati & Setiawan Wicaksono

Legal implications of cryptocurrency: A study of disruptive financial technology in Indonesia
Reka Dewantara

Indonesia without the state policy guidelines (GBHN): Are we lost?
Riana Susmayanti

Marine resources and fisheries management based on local wisdom: The application of the customary law of Serdang Sultanate, North Sumatra
Rika Kurniaty

The protection of Preah Vihear temple in the armed conflicts situation between Cambodia and Thailand based on international law
Ikaningtyas, Herman Suryokumoro, Hikmatul Ula & Lely Manullang

Protection model and fulfilment of patient rights in the implementation of informed consent in Indonesia
Syafruddin & Arif Rohman

Urgency of forming and managing an Adat Village (A study ofMojokerto Regency Regulation No. 47 of 2017 on the establishment of Adat Village preparations in Pacet Sub-District)
Indah Dwi Qurbani

Human rights and conflict resolution: The case of Bosnia and Herzegovina
Prischa Listiningrum & Rizqi Bachtiar

Uyghur Xinjiang problem: Cultural rights versus counterterrorism action
Fransiska Ayulistya Susanto & Setyo Widagdo

Current thinking regarding the traditional sovereignty principle in international law: Reconception or reperception?
Adi Kusumaningrum

Additional punishment in sexual crime cases
Faizin Sulistio, Nazura Abdul Manap & Nurini Aprilianda

Customer religiosity as the supporting factor for the success of sharia financing in micro business empowerment
Siti Hamidah

Yama and niyama: Ethical points in a sixteenth-century Javanese tutur text
Abimardha Kurniawan & Titik Pudjiastuti

Museum management: A critical point in making museums relevant
Ahmad Zuhdi Allam & Kresno Yulianto

Sinking of a fishing vessel as the sovereignty of coastal state for environment
Amelia Rahmi Syaiful & Melda Kamil Ariadno

Local community perceptions toward world heritage inscription of Kota Tua Jakarta
Burhanuddin Aziz & Agi Ginanjar

Community involvement in the establishment of marine conservation zones (The Indonesia Law Review)
Maria Maya Lestari & Melda Kamil Ariadno

Hikayat Sultan Taburat and its views concerning diversity
Rias A. Suharjo & Titik Pudjiastuti

Local wisdom on sustainable food crop protection: Subak agricultural land protection in Bali among local, national and international law
Sugama Putra, R. Ismala Dewi & Heru Susetyo

Interpretation and conflict in the conservation of private property cultural heritage in Indonesia
Yuni Rahmawati & Agi Ginanjar

Why Indonesia should respect the rights of asylum seekers and refugees
Arie Afriansyah

Revisiting heritage regulations and their impact in Indonesia (Case Study: Onrust Archaeological Park)
R. Ahmad Ginanjar Purnawibawa & Supratikno Rahardjo

View More



Hikmahanto Juwana has been Professor of Law at the University of Indonesia since 2001 and served as Dean of the Faculty of Law from 2004 to 2008. He also teaches Law at several other prominent universities in Indonesia and has been a visiting professor at the University of Melbourne, National University of Singapore and Nagoya University, Japan. As an Independent Researcher, he has published numerous books, articles and research papers on various aspects of international law, business law and air and space law, among others. Prof. Juwana graduated with a Degree in Law from the University of Indonesia in 1987 and holds an LL M from the Keio University, Japan (1992) and a PhD from the University of Nottingham, UK (1997). Beside serving the University of Indonesia, over the past 4 years he has been Editorial Board member in various national as well as international academic journals.

Jeffrey Ellis Thomas joined the UMKC Law Faculty in 1993. His research focuses on insurance law and on the intersection between law and culture. Dean Thomas attended the Berkeley Law of the University of California, Berkeley. He was Teaching Fellow and Lecturer in Law at the University of Chicago Law School. He also spent five years practicing law in Southern California working on civil litigation and insurance coverage matters. He teaches Torts, Civil Procedure and Introduction to American Law and Culture. He has been a visiting professor at University of Connecticut, Nankai University in Tianjin, China (as a Fulbright Fellow), and Immanuel Kant State University inn Kaliningrad, Russia (also as a Fulbright Fellow), and an adjunct professor at Loyola Law School (Los Angeles). As Associate Dean, he has responsibility for oversight of international programs, including study abroad and the LL.M. in Lawyering.

Mohd Hazmi Mohd Rusli (PhD) is Associate Professor at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM). He obtained his PhD from the Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia. He has been a visiting professor at the School of Law, Far Eastern Federal University (FEFU), Vladivostok, Russia for five years since 2014. He was also visiting professor at the Faculty of Law Brawijaya University, Indonesia and at the Department of International Relations, National University of Timor-Lorosa’e, Dili, Timor-Leste. Besides his current position at USIM, he is also attached as a research associate in a number of institutions i.e. Institute of Oceanography and Environment, Universiti Malaysia Terengganu (as a research associate), Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong (as an honorary post-doctoral research associate), Australia and the Asia-Africa Legal Consultative Organization (AALCO), New Delhi, India (as a research associate). He has written numerous articles published in high-impact journals and in renowned magazines. His area of interest is the Law of the Sea and Public International Law.

Dhiana Puspitawati (PhD) is Associate Professor at the International Law Department of the Law Faculty, Brawijaya University (UB). She obtained a PhD from Law School of Business, Economic and Law (BEL) Faculty, the University of Queensland, Australia. Currently she is the Head of the Indonesian Centre of Ocean Governance, which actively conducts research as well as academic activities in ocean affairs. She has written numerous articles published in both national accredited journals as well as high-impact international journals, conference proceedings, magazines as well as national newspaper and has published several books. She has been invited as speaker in both national and international conferences. She has been serving as Indonesian Constitutional Courts’ research reviewer. She is also editor in-chief of Brawijaya Law Journal.