Dhifan Fauzan Rinaldi

FH UI KKI – 2018
1806228966
Public International Law

In general, Prof. Hikmahanto stated on his speech for inauguration, that the International
Law accommodates the economic interests of Developed Countries rather that Developing
Countries. The Developing Countries often argue that international law is product of the western,
which are currently becoming Developed Countries. This argument is based on the fact that
international law was historic & originally a law that applies between countries in the European
Continent before 1945.

The economic interests of developed countries are more dominant in International Law.
International agreements relating to economic problems mostly accommodate the principles
adopted by the Developed Countries. Even the businessmen of Developed Countries get a lot of
protection from international agreements that has been negotiated between Developed Countries
and Developing Countries.

The emergence of Developing Countries after World War II has brought a different. The
desire of developing countries to be politically free and economically independence from their
former colonies has had an influence on International law in general. In responding to the
existence of international law, they consider that the existing International Law does not reflect
the values they profess. The Developing Countries argue that the formation of international law
before The World War II did not involves them at all.

In one of the cases, Prof. Hikmahanto stated that regarding the traditional exploration and
exploitation of the Common Areas, the principle that applies is the principle of res communis.
The fundamental difference lies in the non-recognition of ownership in the Common Areas. Res
communis only allows the process of exploitation for anyone without being preceded by claims
of sovereignty. However, the principle of res communis assumes that all parties have the same
capabilities, both in the fields of technology, capital and expertise. In practice, the principle of
res communis will benefit those who have the ability when compared to those who do not have.
In the end, the “first come first serve” will apply to the Common Areas.

For Developing Countries, using the principle of res communis is tantamount to not being
able to enjoy any benefit from the Common Areas. Developing Countries which do not have the
ability in terms of technology, capital and expertise will not be possible to exploit the Common
Areas whereas Developing Countries want that the benefits obtained from the Common Areas
can also be felt by them. For this reason, Developing Countries introduce the principle of
common heritage of all mankind or shared heritage of humanity as a substitute for the principle
of res communis. In the principle of common heritage of all mankind, stated that whoever can
exploit the Common Areas, then it is obliged to share the benefits to others.

As we can see in the speech of Prof. Hikmahanto for Inauguration, it constitutes a critical
analysis of the views of modern writers on the so-called rules of international law and an effort to
deduce from conflicting opinion what seems to him the fundamental truth. This analysis is made
from the point of view of the lawyer, the important conclusions of writers as to rules of law being
measured by the references. This speech is open a new perspective to International Law in hopes
for balancing the fairness of International Law between Developed Countries and Developing
Countries.