Lex Portus is a Diamond Open Access journal publishing articles on Maritime and Transport Law, International Trade, Customs and Tax Law, Border Management, Globalization and Europeanization of Administrative Law. e-ISSN 2617-541X, ISSN 2524-101X

Fishing still being a significant threat to marine security and the sustainability of Indonesia's fishery resources. IUU Fishing has occurred a lot in the Fisheries Management Area of the Republic of Indonesia (FMARI) in the form of illegal fishing by foreign fishing vessels or destructive fishing methods that are not according to provisions in fishing national law. It provides an excellent loss for Indonesia regarding social, ecological/environmental, and economic aspects. First, this study aims to construct legal arrangements in Indonesia related to eradicating IUU Fishing by analyzing cases in Indonesia's maritime areas and implementing resourcebased theory in analyzing the issues. Second, to find the international legal efforts that Indonesia can make in eradicating IUU Fishing. The research method used is normative research with a statute and conceptual approach. The research was conducted by analyzing primary legal materials in the form of regulations by considering the data obtained in the field. Consequently, the data that will be studied are government action in minimizing the impact and international cooperation established by Indonesia in handling IUU Fishing in the waters of the Unitary State of the Republic of Indonesia. The conclusion is that eradicating IUU Fishing requires international cooperation through joint security between Indonesia and the bordering states. In the context of eradicating IUU Fishing in Indonesia, law enforcement also needs improvements for violations of the law on fisheries.

The main elements of AEO institution initially emerged in legislations of different countries, which legal systems belong both to common law and civil law families. In addition, there was an inevitable variability towards the tasks being solved, from general supply chain security issues to a focus on countering terrorist threats. At the same time, the modern AEO standards formed both at the level of international organizations, like WCO and WTO, and the regional level, such as the EU and associated countries. Therefore, we argue that there are several promising approaches to analyzing the legal status of AEO, including the concept of ‘legal origins’ and the institutions’ legal theories. They have a significant potential for explaining national differences in the implementation of the AEO institution, the specifics of the interaction of the norms of different branches of law in regulating the activities of the AEO, the methods, and methods of state administration of the AEO programs. Besides, the paper addresses the issue of intersectoral regulation of AEO institution, which embraces norms of several branches of law, including both public (administrative, tax and customs) law and private. Furthermore, the idea of delegation of competence and responsibilities towards granting supply chains security from state authorities to private entities (i.e. ‘trusted traders’) creates a shift in legal regulation where different internal rules and practices of private companies become essential to achieving the tasks assigned to AEO institution.

The article focuses on ways and means of strengthening the real connection between a ship and a state of registration. The author emphasizes the prerequisites, the conditions, and the consequences of the registration of sea-going ships in the alternative registries. He notes the complex nature of the genuine link and criticize the consideration of the registration of ships in states as activities aimed exclusively at generating income. The author considers public and private aspects of the registration of ships, its functions, and some mechanisms for preventing violations related to the link between a state of registration and a ship”. The negative impact of open registers and flags of convenience on genuine link strengths arises from the business approach to the choice of jurisdiction adopted both of shipowners and “convenient” registers. Thus, “convenient registers” view relaxation of requirements as a specific service that they provide and as a competitive advantage against other registers. The issue can be mitigated by coordinating steps taken by international maritime organizations and port states. The author notes the weakness of the steps taken to strengthen the genuine link, the inefficiency of norms of the international agreements in this sphere, assess the proposed mechanisms for strengthening it, and note the need to toughening control within the limits of the inspection according to the procedures of the Port State Control.

This research aims to assess and find possible ways to improve the international legal framework to exercise state jurisdiction to prevent pollution from offshore oil rigs. In effect, the paper analyzes the legal status of offshore rigs to provide for the necessary jurisprudential, geo-political, and energysecurity dimensions. While doing so, the pertinent provisos (sections) of all the international conventions relatable to offshore oil & gas production have been examined. The study has found that the legal status of offshore rigs is not clear in international law, and as such, it concludes that the 1982 UNCLOS convention has addressed specific issues, albeit not in an extensive way. The extant international regulations for the protection of offshore oil rigs have not been effective, even in cases of allision and collision. Right from the legal status of offshore rigs to security zones, they have been debated much and have been the subject of dispute for over 40 years. There are specific and pivotal jurisdictional issues in matters to do with the location of oil rigs in the high seas, beyond the limits of national jurisdiction, which has proved to be an area of contention. The Legal status of offshore rigs has become a source of much disagreement in International Law. There are fundamental questions about whether a type of rig could be considered a ship under national and international law. Should an oil rig be considered a ship, some international law rules relatable to ships, such as the law of flag, allision, collision, and pollution, would become applicable in equal verve to oil rigs as well? As a natural corollary of those above, a query would come up: how else can oil rigs be classified? Traditionally, oil rigs, offshore installations, artificial islands have been dubbed to be part of one category. A meticulous examination of the legal status of offshore rigs would reveal that it is one of the most contumacious and troublesome areas of International Law. The aforementioned is significant because there are many practical and legal consequences, given specific situational dictates. Indeed, the legal status could directly impact issues with the jurisdiction a state may have in matters relatable to the exercise of the states’ legal prowess over offshore rigs, and the applicability of certain maritime law principles and rules centric to offshore rigs need to be studied astutely. As an indicative archetype, should an offshore rig be located at an exclusive economic zone, it could be considered a ship in the eyes of the law, and hence, the flag state would have exclusive jurisdiction over it. Nonetheless, the coastal state would have exclusive jurisdiction if it were considered an installation. Quintessentially, the legal status of offshore oil and gas rigs would determine the rights, duties, and obligations of the different states, and hence the subject could throw up some complicated issues.