Indonesian Journal of International Law
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ASEAN SYNERGY TO OVERCOME CHALLENGES IN INVESTMENT ARBITRATION
Get PDFCambodia, Indonesia, Lao, Malaysia, Thailand, and the Philippines, have been sued by foreign investors through international investment arbitrations (IIA). No matter whether the outcome is favorable or not, those countries have spend significant time, energy, and financial resources to arbitrate. ASEAN countries are not in advantageous position in IIA.The first and the most obvious reason is language barrier. Arbitration proceedins are mainly conducted in English. Consequently, the arbitrators and counsels more often than not come from English speaking countries. Not only do they lead to high cost, but also they lack of familiarity with South East Asia’s social, politics, economic, culture and customs. This may influence how they treat the cases such as the interpretation of provisions specifically designed to protect foreign investors such as: national treatment; fair and equitable treatment; most favored nation; and also in deciding jurisdictional issues. regional news as a legal basis for foreign investment activities aim to provide protection for foreign investor. On the other hand, it also serves as a mean to facilitate economic development in the host states of investment. Unfortunately, BITs often contain excessive and limitless protection clauses in order to attract foreign investors. This may endanger host states position as it can be used as a weapon by the investors to sue the host states. In responding to this fact, it is necessary to strengthen cooperation among ASEAN members in dealing with foreign investors through BIT. The ideal picture will be that SEA is pro-market and pro-arbitration reform. It is unavoidable that in order to protect themselves from harsh investors as well as intricate arbitration, ASEAN would be better off having its own investment arbitration center run by its experts. Thus, the short-term challenge is to equip legal practitioners, business players and academicians with more knowledge, skills and experiences in dealing with investment disputes. The long-term step will be to negotiate model of investment treaties applicable in the region and to harmonize national investment laws. These efforts are strategic opportunities for ASEAN as single market to keep balance between promoting investment, protecting investors and the host states at the same time
Agreement Between The Government of The Republic of Indonesia and The Government of The Sosialist Republic of Vietnam Concerning The Delimitaiton of The Continental Shelf Boundary
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SAFEGUARD MEASURES IN THE FRAMEWORK OF ASEAN-KOREA FREE TRADE AGREEMENT (AKFTA) ON TRADE IN GOODS COMPARE TO GATT/WTO
Get PDFSafeguard measures is one of the WTO instruments to protect domestic industry from import product.Safeguards provision has some requirements to fulfill. A safeguard is one of trade instruments regulated on WTO Agreement. The member could provide safeguards measure for protecting his domestic industry in such increased import quantities product and under such conditions as to cause or threaten serious injury to domestic producers. This article aims to compare the rules of safeguard are regulated in Asean-Korea Free Trade Agreement (AKFTA) with WTO Rules. It is concluded thatthere are some different provisions of safeguard between the two regulations in the aspect of the applicability on the of safeguard measure, the Dispute settlement mechanism and the time period ofsafeguard measures
INTERNATIONAL COOPERATION ON MARINE ENVIRONMENT PROTECTION OF OIL POLLUTION FROM VESSEL (A STUDY OF STRAITS MALACCA AND SINGAPORE)
Get PDFThis research is proposed to answer three problem. First, the rules of international law in theprotection of the marine environment from oil pollution originating from vessel. Second, efforts weremade by the three littoral countries cooperation in preventing, reducing and controlling oil pollutionoriginating from vessel in the Straits of Malacca and Singapore. Third, the role of the governmentof Indonesia in prevention, reduce and control oil pollution originating from vessel in the Straits ofMalacca and Singapore. This research is normative research using qualitative research methods. Theresearch approach using statute approach and case approach. The results of this research shows thatinternational law has been comprehensively regulate the protection of the marine environment frompollution by oil originating ships: the United Nations Convention on the Law of the Sea (UNCLOS)1982, The International Convention for the Prevention of Pollution from Ship (MARPOL) 73/78,International Convention on Oil Pollution Preparedness 1980, the Civil Liability Convention for OilDamage (CLC) 1992 and the Convention on the Establishment of an International Fund forCompensation for Oil Pollution Damage (FUND) 1992. Second, Indonesia, Malaysia andSingapore as states bordering the straits cooperate with other stakeholders (user states, userindustries, IMO, NGOs) have established a cooperation mechanism in the form of cooperativeforums, project coordination committee and the Aids to Navigation Fund. Third, Indonesia through itslaws and regulations have ensured the prevention, reduction and control of oil pollution originatingfrom vessel through Act No. 17 of 2008 on Shipping, Government Regulation No. 21 of 2010 onthe Protection of Maritime Environment, and Presidential Decree No. 109 in 2006 on DisasterEmergency Due to Oil Spill in the ocean
THE LOGGING BAN POLICY IN ADDRESSING DEFORESTATION: A COMPARISON BETWEEN THAILAND AND INDONESIA
Get PDFThe logging ban policy is applying in several countries, such as Thailand and Indonesia, in order to deal with deforestation and forest degradation in natural forests. However, both countries stillhave had difficulties resolving the problem. The logging ban in Thailand does not work as expected due to centralized systems of forestry policy that still applies in Thailand. However, Indonesia is actively adjusting the decentralized system, which gives authority to local governments to set policies regarding forestry. The effectiveness of logging ban to achieve conservation goals and economic development continues to be debated; however, it should be noted that the logging ban is not a standalone policy. The policy should be supported by other policy and it should also consider factors such as availability of human resources and adequate budget for the implementation. The underlying issue is also important to measure in order to formulate proper planning arrangement so that a comprehensive solution can be found to combat deforestation and forest degradation