International Treaties Formation and Dynamics in Diplomacy Between State Parties
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Tim Multimedia Fakultas Hukum
- 22 Dec, 2023
- Akademik
- 221
Last Monday (11/2/23), the Faculty of Law of Universitas Atma Jaya Yogyakarta held another public lecture for the Teaching Practitioner event, inviting Nurhasanah Arumsari Sihombing, S.H., LL.M., as a guest speaker from the Secretariat of the Directorate General of Law and International Treaties of the Ministry of Foreign Affairs of the Republic of Indonesia. This event carries a theme called “MOU/Position Paper Drafting Practice.” This lecture was a follow up event from the one last held by the Faculty of Law of Universitas Atma Jaya Yogyakarta on 14 November 2023.
During her presentation, Nurhasanah explained the process of making a bilateral treaty, including the necessary assessment with counterparts or partner countries to see whether there is similar interest to make an international agreement. “The most important things in treaty making are the following 5 criterias that needs to be met: politics, judicial compatibility, ensuring treaties don’t contradict with present government policies, ensuring the treaty is not used as espionage method, and ensuring that it is not disadvantageous towards the state.”
The establishment of international treaty has a strong relation with international negotiations. In its process of establishment, every delegate sent by the state parties shall provide the option to come to an agreement. The formulation of such option is based on the national interest of said nations or can also be given as a mandate to the delegation of the sending party. “In negotiations, we as the delegates must prevent a situation where there is no outcome. We have to create options that later can be offered during the negotiation when it takes place. However, if the primary options created also cannot give rise to an agreement, delegates must provide alternative options.” With regard to international negotiation, the process can be held formal or informally. Nurhasanah explained that formal meeting is used to communicate one’s national policy or position done by the representative of said country. In its practice, formal meetings are led by a session leader, or in an example for bilateral meetings between two countries there has to be two session leaders and ministries that can be appointed to be a representative of the country, or it can also be led by the President. “The most important thing a session chairman must have when leading a diplomatic session is a ‘chair’s note.’ The chair’s note acts as guidance for the session chairman when leading the negotiation session,” Nurhasanah said.
Furthermore, Nurhasanah explained the important things in making and delivering a speech in an international forum, which includes:
a. Intonation must be firm and straightforward
b. Pronunciation must be clear
c. The message aimed to be delivered must be clear/unambiguous.
At the end of the lecture, Nurhasanah encouraged all students present to practice negotiation with the topic being the Russia-Ukraine war. Overall, the teaching and learning process and the practice
