International Law is perhaps the most dynamic area of law today and one of the most important, as global interdependence deepens and the transnational movement of people, ideas, goods, and services continues to grow. As stated by Professor Lung-Chu Chen, of New York Law School, in his book: An Introduction to Contemporary International Law - A Policy Oriented Perspective (Yale University Press, 2nd edition, 2000), international law is a continuing process of authoritative decision by which members of the world community identify, clarify and secure their common interests. These common interests consist of minimum world order and optimum world order. Minimum World Order refers to the minimization of unauthorized coercion and violence - in other words, the maintenance of international peace and security. Optimum World Order refers to the widest possible shaping and sharing of values, for example, respect, power, enlightenment, well-being, wealth, skill, affection, and rectitude, popularly expressed in terms of human rights, self-determination and self-governance, education and global communication, health and environmental protection, trade and development, transfer of technology, human solidarity and diversity, and social justice.
Professor Chen continues to say, that as human kind ushers in a new millennium and a new century of knowledge and power, the degree of global interdependence has deepened, the amazing frequency of transnational interactions continues to accelerate. The global village is real in fact and in perception. "Globalization" has become a catch word of the new era. As an ongoing process of authoritative decision, international law is as dynamic as ever, and constitutes a distinct part of the globalizing process. Taking another into account, all actors - nongovernmental as well as governmental - have intensified their transnational interactions, generating ever-increasing and interpenetrating transnational effects. In this process, nation-States have played and continue to play the dominant role. But non-State participants - international governmental organizations and nongovernmental organizations and associations - are playing increasingly significant roles. The Individual, in particular, acting both alone and as group representative, is the ultimate participant, performing all the functions relevant to making and applying law. Thus, the need for maintaining minimum world order and for securing optimum world order has become ever more pressing.
Following this line of thinking and in order for us to know the wide range of issues nowadays covered by the international law in this era of globalization, this journal under the theme of Various Aspects of International Law, publishes in this number eight articles for our readers to read. Six of main articles are those entering the First IJIL Writing Competition conducted by the Center for International Law Studies (CILS), the Faculty of Law of the University of Indonesia, late last year of 2009, whereas the article of Professor Agus Sardjono is put as the honorary article, to remark his contribution in the field of intellectual property rights in Indonesia. This current theme is also intended to mark the development of our journal to be a full-English language. We hope through this development, our journal would be able to reach wider readers around the world, representing the perspective and also the contribution of Indonesian legal community to the development of international law.
Have a good reading!
Indonesian Journal of International Law is licensed under a Creative Commons Attribution 4.0 International License.