ICJ’s Advisory Opinions: Legal Basis and Implication on Indonesia

This paper explores the legal basis and implications of Advisory Opinions rendered by the International Court of Justice with special emphasis on their relevance to Indonesia. Using a normative-analytical approach and international legal theory, this study examines the role of the International Court of Justice in issuing Advisory Opinions and their impact on states behavior and institutional actions. The paper found that while the advisory opinions were not binding, they effectively provide clarification on complex legal issues, including human rights issues, environmental law, and territorial disputes. Advisory Opinions assist Indonesia in overcoming maritime disputes within the framework of ASEAN, such as the case of the North Natuna Sea, and in implementing international agreements such as the United Nations Convention on the Law of the Sea (UNCLOS) at the national level. Therefore, Advisory Opinions provide legal certainty, establish international legal norms, and facilitate cooperation between countries. This paper recommends that Indonesia use the Advisory Opinions to strengthen its legal arguments in addressing international disputes to which Indonesia is a party, increasing Indonesia's confidence in its role in diplomacy at the regional level, and in addressing transnational challenges such as environmental protection and regional security.

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Publication Details

Journal
Uti Possidetis Journal of International Law
Published
2025-03-01
DOI
https://doi.org/10.22437/up.v6i1.39359
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

ICJ’s Advisory Opinions: Legal Basis and Implication on Indonesia

Isroni Muhammad Miraj Mirza, Agit Yogi Subandi, Sona Asnawi Asnawi
Uti Possidetis Journal of International Law
Legal and Policy Analysis in Indonesia
article

ICJ’s Advisory Opinions: Legal Basis and Implication on Indonesia

Isroni Muhammad Miraj Mirza, Agit Yogi Subandi, Sona Asnawi Asnawi
article en

Abstract

This paper explores the legal basis and implications of Advisory Opinions rendered by the International Court of Justice with special emphasis on their relevance to Indonesia. Using a normative-analytical approach and international legal theory, this study examines the role of the International Court of Justice in issuing Advisory Opinions and their impact on states behavior and institutional actions. The paper found that while the advisory opinions were not binding, they effectively provide clarification on complex legal issues, including human rights issues, environmental law, and territorial disputes. Advisory Opinions assist Indonesia in overcoming maritime disputes within the framework of ASEAN, such as the case of the North Natuna Sea, and in implementing international agreements such as the United Nations Convention on the Law of the Sea (UNCLOS) at the national level. Therefore, Advisory Opinions provide legal certainty, establish international legal norms, and facilitate cooperation between countries. This paper recommends that Indonesia use the Advisory Opinions to strengthen its legal arguments in addressing international disputes to which Indonesia is a party, increasing Indonesia's confidence in its role in diplomacy at the regional level, and in addressing transnational challenges such as environmental protection and regional security.

Uti Possidetis Journal of International LawVol. 6(1)
Lampung University (ID), University of Groningen (NL)
Openalex Percentile: Top 94%
Legal and Policy Analysis in Indonesia
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