Indonesian Journal of International Law
Not a member yet
636 research outputs found
Sort by
RESISTANCY TO THE LAW ENFORCEMENT OF (ASEAN) REGIONAL HUMAN RIGHTS MECHANISM, WHAT NEXT?
Get PDFRegional mechanism on the protection of human rights in ASEAN formally has been developedsince 2007 through the adoption of the ASEAN Charter in 2007 and the establishment of the ASEANIntergovernmental Commission on Human Rights (AICHR) in 2009. Nevertheless, efforts on the lawenforcement for human rights violations committed by ASEAN citizens and/or within ASEAN territoryby establishing ASEAN human rights court is hardly to achieve due to national interest of eachmember states. Accordingly, for the objective of achieving justice and certainty of law, cooperationamong ASEAN member states should be developed through other mechanism. This article tries toidentify existing situations with respect to the protection and fulfillment of human rights particularly inregards to criminal matters in the ASEAN countries. Accordingly, the article examines the responsesof the Member States to the development of human rights mechanism in ASEAN. Finally, we try topropose other mechanism in regards to the protection of human rights by developing cooperationin the enforcement of international criminal law for cases related to criminal matters in particularamong ASEAN countries
EVALUATION OF CREATIVE ECONOMY REGULATION AND IMPLEMENTATION IN INDONESIA AND ITS RELATION TO ASEAN MEMBER STATES (AMS) IN ORDER TO EFFECTUATE CREATIVE ASEAN RELIABILITY
Get PDFCompetitiveness in trade activity does get higher time after time. It can be seen from the powerful competitive products either from quantity or quality aspects. ASEAN as one kind of regionalism throughout the world has affected into international trade flows development. The sector that cannot be forsaken is culture industry and creative economy. Through creative economy development, it influences states economic transformation which is can be perceived from the upgrading state qualification, based on World Bank system, for instance Singapore and Malaysia. It becomes important due to the creative economy development is not only limited to trade in goods circulation but also happening on trade in services, intellectual property rights and investment. In accord with those circumstances, this research intends to evaluate the creative economy regulation and implementation in Indonesia and its relation to ASEAN Member States (AMS) either for people to people connectivity, physical connectivity, institutional connectivity and/or resources connectivity in order to be contemplated as standard regulation considerations of creative economy protection in ASEAN. Ultimately, based on this evaluation, it could achieve Creative ASEAN reliability for enhancing economic growth and income in ASEAN
VENTURE CAPITAL: AN AMERICAN CONCEPT AND ITS PROBLEMS OF IMPLEMENTATION IN DEVELOPING COUNTRIES
Get PDFVenture capital is an American concept. It is an alternative source for financing small businesses, besides other conventional financing sources, such as banking. Among the characteristics of venture capital are the dual-roles of investors, both as capital owners and management of the businesses.The concept has been successfully implemented in the U.S. which can increase investment and job opportunity. However, there are obstacles in implementation of the concept in developing countries, because, among others, lack of conducive environment for its growth including the weaknesses in economic law and its enforcement, and cultural hindrance. This article discusses the U.S. venture capital concept; it’s successful in the U.S. and its problems of implementation in developing countries, and alternative solutions for better implementation in the future
THE DYNAMIC DEVELOPMENT ON INDONESIA’S ATTITUDE TOWARD INTERNATIONAL LAW
Get PDFThe paper discusses the relation between international law and domestic law in the context of Indonesia. The paper examines Indonesia’s viewpoints on international law by analysing the various stages in Indonesia’s history from its independence through the present times. The attitude of Indonesia toward international law since its independence as a sovereign state has been changing progressively, from hostility to friendly. berita terupdate saat ini in Indonesia, therefore, should shape its domestic legal system in such manner where international law acquires a proper legal status under it. It appears that the Indonesian legal system is not yet being developed into such direction
TRANSNATIONAL LAW AND THE IBT COURSE
Get PDFToday business transactions transcending national borders need a new concept, namely transnational business transactions. It deals not only with private, but also with public issues; This in line with the birth of transantional law, as firstly expressed by Judge Jessup Philip in 1956. This article aims to discuss the importance of including the international bussiness transactions (“IBT”) course in Indonesia’s legal education. It concludes that transnational law, as reflected by IBT is nowadays an important basis to give understanding to the students on how law makes guidance and fence for commercial transactions across the border
World Summit on The Information Society (WSIS) Asia-Pacific Regional Conference The Tokyo Declaration: Thea Asia-Pacific Perspective to The WSIS
Get PDFThe Discrimination Under the Principle of National Treatment Under The GATT and The GATS: De Facto or De Jure Discrimination
Get PDFBoth the GATT and the GATS provisions have the same points of view on defining discrimination as an unequal treatment given to foreign providers compared to treatment given to domestic providers. Discrimination under the national treatment of the GATT and the GATS is considered as a practice that prevents foreign providers from enjoying all comfortable facilities that are given to domestic providers. Non-discriminatory application in both provisions might also be interpreted in the market access issue. Moreover, it is not considered as discrimination of national treatment of both provisions if it concerns on laws, regulations, or requirement regulating the procurement by government agencies. Both provisions use likeness and treatment no less favourable test in order to determine wheter or not there is a discrimination against foreign products or services or services suppliers. There are several distinctions of discriminations between the principle of national treatment under the GATT and the GATS. The discrimination under the principle of national treatment of the GATT has general application to all trade in goods. On the other hand, the discrimination under national treatment obligation for trade in services under the GATS only applies if commitments have been scheduled. It can be concluded that the discrimination of national treatment under the GATT and the GATS seems to be de facto discrimination because both provisions do not provide the sufficient measures in order to find a violation. It results from; the GATS national treatment is derived from traditional concepts of the GATT that the application of the national treatment of the GATT is adduced by the GATS
The Convention for The Conservation and Management of Highly Migratory Fish Stocks in The Western and Central Pacific Ocean (WCPFC Convention)
Get PDFASEAN’S AMBIGUOUS ROLE IN RESOLVING SOUTH CHINA SEA DISPUTES
Get PDFMaintaining regional peace and security is a major concern for the Association of South East AsianNations(ASEAN) while preserving strong and strategic ties with China is also imperative for theprotection of regional economic and security interests. In a territorial dispute that involves mostASEAN nations to a different extent, delicately crafting a diplomatic solution to protect good workingrelations among ASEAN nations and China will become increasingly difficulty. China has beenaccused of intimidating and using other coercive tactics against the Philippines and Vietnam in its bidto claim large areas of the South China Sea against the interests of ASEAN member states. Despitethese tensions, ASEAN, nor its member nations have “condemned‟ these actions, or sort to sanctionthe Chinese at the risk of damaging lucrative economic relations to the detriment of security andstability in the region. A lack of solidarity within the ASEAN community has the capacity to undermineits function and response which has thus far been limited in addressing this issue. This paper willdiscuss aspects of Philippine, Vietnamese and Indonesian government policy towards China andcharacterize ASEAN‟s role in resolving and managing the conflict. The Philippines and Vietnam haveincreasingly troubled and deteriorating relations with the Chinese, in contrast with the Indonesians,who are working expeditiously to strengthen ties with the Chinese across a plethora of foreign policyand defense cooperation issues. The prospect of a unified ASEAN response to the South ChinaSea territorial dispute remains unlikely. Indonesia‟s proposed code of conduct may be the first stepin addressing peace and security, however is not a long term solution and governments throughoutthe region must continue ongoing robust diplomatic efforts through ASEAN, bilaterally andmultilaterally, with international assistance and cooperation, to resolve these territorial disputes