Indonesian Journal of International Law
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The Controversy of Trade in Tobacco and Protection of Public Health, A Study of Tobacco Control Measures and Impacts on Trademark Practice: The Stricter; The Better?
Get PDFThis paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia ("tobacco measures"). Following the adoption of the Framework Convention on Tobacco Control ("FCTC") in May 2003 (enforce by February 2005) member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the prohibition of exploiting intellectual property rights of trademark owners, TRIPS is thus unavoidably related and has been brought by tobacco companies to be against the regulations, claiming that this poses unjustifiable trade barriers to business and denying its legitimacy in corresponding to the WTO obligations. To what extent the FCTC instructs or entitles members to pose barriers on trade in tobacco basing on public health purpose? Is there any correlation between the FCTC, a framework adopted under World Health Organization ("WHO"), and the covered agreements under WTO such as TRIPS
LEGAL PAPERS AND THE PRACTICE OF PROTECTING THE INTERNATIONAL PEACE MISSION PERSONNEL IN INDONESIA
Get PDFThe Helsinki Memorandum of Understanding (MoU) signed in 2005 and facilitated by Finlandformer President Martii Ahtisaari with support from the European Union has brought peace toAceh after 30 years armed conflict between the Government of Indonesia and the Free AcehMovement. The EU involves both in short and long term monitoring programs. During the missionin Aceh, several serious incidents involving the use of light weapons and directed toward the EUpeace mission were recorded. Indonesian domestic law acknowledges the protection must be deliveredto the internationally protected person based on Vienna Convention 1961 on Diplomatic Protectionand other related conventions. Would the ratification of Vienna Convention satisfy the protection forthe EU peace mission? An Act on Foreign Relation enacted as legal basis for international relationincluding with the EU and its missions argue would be able to answer the question. On the other side,EU enacted Protocol on the Privileges and Immunities of the European Union (the Protocol) tosecure its mission overseas. The protocol is a specific legal instrument within the EU legal regimethat was enacted to fulfill the needs of an international legal instrument on EU’s legal personalityparticularly the privileges and immunities aspects. The Protocol answers a main concern on legalrelation between a State and EU mission including EU peace missions. However, as a non-memberState and as a matter of law, Indonesia does not ratify the Protocol consequently Indonesia doesnot bind with the Protocol. The Indonesia Act on Foreign Relation is considered very basic for thecurrent condition. Consequently, different interpretation between related State organs occurred. Asa result, ineffective protection for the protected person such mandated by the international lawremain measured. This condition does not suppose to happen since although remain debatable,an international cooperation, an influential external power nowadays is playing very importantrole including in a peace process. Moreover, as Indonesia is strengthening its position within theinternational community, some improvements crucial to be supported
The Ad Hoc Committee on the Elaboration of the United Nations Convention Against Transnational Organized Crime Concludes It's Session in Vienna
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Empowering International Cooperation's Role In The Follow of Assets of Corruption's Result
Get PDFCorruption case no longer involves one party or one nation alone, but also involves many parties, too few countries. Corruption is no longer the case as an individual activity but a pattern of activity patterns and very organized group. Corruption is not just a question of a nation, but also the whole issue of the nations of the world. In the casse of corruption, repression is not only a top priority in the effort bondage and punishment, but also a return on assets of the most important things to do. The effort or corruptor impoverishment through seizure of assets is often hampered in practice, whether it intersect due to international cooperation, and asset tracking models. Asset tracking assessed include broader search than money, because the pattern of money laundering is now not only in money but also other assets that are the result of corruption and or benefits resulting from the corruptio
