Indonesian Journal of International Law
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Achieving Multilateral Investment Court through EU-ASEAN Expansion of Bilateral Investment ‘Court’: Is It Possible?
Get PDFLegitimacy of international investment law is in crisis. One particular area of international investment law that has been progressively re-developed is the area of investment dispute settlement. The EU sees the multilateral investment court as a proper solution to reform ISDS in the future. To achieve this final goal, starting from the bilateral level, the EU has included investment court provisions as an ISDS mechanism in its latest trade and investment agreement with its trading partners, among others, EU-Viet Nam FTA and IPA, as well as EU-Singapore FTA & IPA. This paper addresses central questions on how could existing investment court system in EU and ASEAN member states’ Investment Protection Agreements (IPA) can be expanded towards multilateral investment court in the future, and what are the challenges that can be expected from such expansion. It critically analyses concluded agreements between the EU and some of ASEAN Member States. I argue that for now, it is unlikely that multilateral investment court expansion will happen soon considering the challenges and concerns expressed by both sides
State Intervention in Air Transport: Experience from the Republic of Indonesia
Get PDFState intervention of the air transport industry is a widespread practice throughout the world where this kind of interference from the government to the air transport industry could be in the form of state aid or state subsidies. This paper attempts to explain the impact of state aid in the competition of air transport in The Republic of Indonesia resulting distortion in the competition of the aviation industry. This paper examines the state aid practice in The Republic of Indonesia and attempts to answer the debate whether this practice resulting in an unfair competition and violating level playing field in air transport in Indonesia or such method then creates an efficiency in air transport in Indonesia which makes it a good policy. However, this paper will not look into the analysis of the difference between terminologies on State aid and State subsidies
Cultural Heritage Protection as a Security Issue in the 21st Century: Recent Developments
Get PDFThroughout history, cultural property has permanently been at risk in armed conflict as belligerents always aimed at razing to the ground or plundering the enemy’s cultural heritage. Cultural property is a war victim time and again, either by armed attack or by collateral damage. This background opens the way for new insights into research on cultural heritage protection as a security issue in the 21st century. In order to fight the root causes of heritage destruction and extremism, UNESCO is advocating strongly a comprehensive approach, using also its “soft power” across the Organization’s mandate. Thus, despite its limited resources, UNESCO is an important actor in promoting a culture of peace, justice and tolerance on a worldwide scale
Illegal Indonesian Migrant Workers in the Netherlands: A Reflection on Illegal Chinese Migrant Workers In Indonesia (A Comparative Study)
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Non-Tariff Measure under WTO Laws: Case Study on the Application of Local Content Requirement for 4G LTE Devices in Indonesia
Get PDFUnder the WTO laws, countries are allowed to protect their national industry by imposing tariffs as well as non-tariff measures (NTM). While the WTO is committed to reduce tariff, it does not have uniform treatment towards NTMs. One type of NTM that becomes the disputed subject of several WTO cases is Local Content Requirement (LCR) because while it can help national industry, it is seen as discriminatory towards imported products. This work discusses whether the application of the Tingkat Komponen Dalam Negeri (TKDN) or LCR provisions for 4G LTE communication devices in Indonesia is in conformity with WTO laws. By analyzing relevant WTO agreements and rulings, this work will demonstrate that Indonesia’s LCR provisions in 4G LTE sector may not be in conformity with the GATT and TRIMS but at the same time it does not violate the GATS, ASCM, and GPA because such LCR provisions do not fall under those three agreements. In light of those, this writing suggests that the government of Indonesia bring the LCR provisions in 4G LTE sector into conformity with WTO laws by revoking the provisions mandating the need to use local over imported products to avoid potential claims from other WTO members
Alternatives to Immigration Detentions With Particular Focus on Children
Get PDFImmigration detention is costly, ineffective and raises a number of human rights concerns. Numerous studies have demonstrated the detrimental effect of such detention on states and individuals. This prompted the States to search for alternative solutions that would, on the one hand – assist in reaching the objectives of migration control of foreigners on their territories, on the other – ensure that human rights of migrants and refugees are not undermined. Although various legal models of alternatives to detention (ATDs) already exist, the alternatives are still finding obstacles on their way to legislation and practice of various States. The research paper dwells into the newest developments in international law and State practice with regard to regulation, application and challenges of ATDs taking into consideration the particular situation of unaccompanied minors. It focuses on the analysis of the benefits and setbacks of ATDs available throughout different regions of the world and examines the relevance of ATD models for transit and destination countries
Island for Sale: Is it Legal?
Get PDFFor more than ten years already, Indonesian public discourse has been set ablaze by the rumours of Indonesian small islands being sold to foreigners, inviting emotional and, thus, superficial reactions from general public and public authorities alike. This article seeks to offer a conceptual framework to discuss this issue in a more cool-headed manner, thus finding a solution to it. It can be concluded that the problems of small islands are best discussed in the context of coastal areas and small islands (CSI) management, which is the implementation of the Marine Economy policy in order to realize the Archipelagic Outlook. “Island trade,” therefore, is possible under Indonesian law, but more than just transfer of land rights or giving permit to utilize. Instead, it must take into account sustainability, bio-ecoregional as well as participatory considerations
Nature Knows No Borders: International Law and Environmental Measures in Resolving Maritime Boundary Disputes
Get PDFMaritime boundary delimitation has always been a challenging issue at least for three reasons. Firstly, it has to take into account the expansion of territorial sovereignty and sovereign rights at sea, notably since the adoption of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Secondly, it does not only involve legal aspects but also technical ones, and not every state has adequate resources to deal with technical matters. Thirdly, it is politically sensitive at times given the strategic role of oceans in national defense and security. Thus, it is not surprising that many maritime boundary disputes have taken a very long time to resolve or even remain unresolved until present, such as the overlapping claims in the South China Sea (SCS). This article argues that maritime boundary disputes should not jeopardize the marine environment in disputed areas, especially where environmental protection and preservation are critically needed. Furthermore, environmental measures could play a significant role in resolving maritime boundary disputes, since they could encourage the states involved to cooperate in managing the marine environment, a field that is less politically sensitive compared to the question of sovereignty. As far as the SCS is concerned, experts have warned that this area has been severely degrading, especially the coral reefs, and may lead to ecocide. In this context, this article will discuss international instruments related to environmental measures that should be considered in the SCS disputes and the role that the Association of Southeast Asian Nations (ASEAN) could play