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Articles 1 - 30 of 562
Full-Text Articles in International Law
The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi
The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi
Journal of Private International Law Studies
Indonesia and Singapore are among the ASEAN members and ready to welcome the implementation of the ASEAN Economic Community. The ASEAN Economic Community itself has been planned for a long time and the aim of establishing the ASEAN Economic Community is so that countries that are within ASEAN membership can face the problems of trade and economic activities on a large and global basis. This will certainly increase the number of cross-border transactions and investments between these two nations and other members of the ASEAN community. In reality, the cross-border transactions and investments also involve the Legal Entities and Natural …
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa
Journal of Private International Law Studies
This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …
Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo
Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo
Journal of Private International Law Studies
Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …
Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan
Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan
Journal of Private International Law Studies
Legalization through Apostille should simplify the legalization process, doing activities abroad and improving Indonesian economic quality. Legalization is a series of procedures performed to authenticate a signature, stamp or seal which aims to provide a valid status for a public document. The legalization process in Indonesia consists of two steps, namely legalization at the Ministry of Law and Human Rights after which legalization is carried out at the Ministry of Foreign Affairs. Furthermore, the document is shown to the representative of the country intended for legalization. In practice, the legalization process mostly carried out by various agencies in Indonesia, this …
Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah
Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah
Journal of Private International Law Studies
Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
Indonesia Law Review
The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …
Review On Illegal Wildlife Trade Provisions In Indonesia: Cost-Benefit Analysis And Law Enforcement, Adrianus Eryan
Review On Illegal Wildlife Trade Provisions In Indonesia: Cost-Benefit Analysis And Law Enforcement, Adrianus Eryan
Indonesian Journal of International Law
Illegal wildlife trade is a crime that is rarely systematically exposed and difficult to investigate but generates extraordinary profits. As a one of mega biodiversity country in the world, Indonesia is an easy target for illegal wildlife trade. Unfortunately, existing law enforcement practices still need to be improved. There are at least two supporting factors enabling the wildlife crime: inadequate normative legal basis and weak law enforcement resulting from the high cost of crimes. The research is carried out through a series of theoretical frameworks of cost-benefit analysis and criticisms regarding ideal law enforcement practices through various court decisions. At …
European Union’S Approach To Reforming International Investment Law, Iveta Alexovičová
European Union’S Approach To Reforming International Investment Law, Iveta Alexovičová
Indonesian Journal of International Law
The European Union (EU) continues to be a firm proponent of the international protection of foreign investments through a web of (mostly bilateral) investment agreements, initially developed and spread all over the world by its Member States. Nonetheless, shortly after acquiring its own competence in this area, the EU has joined efforts to reform the system in order to ensure greater balance between the investment protection and the states’ right to regulate in pursuance of other legitimate policy objectives. The EU has developed its own reform approach covering both substantive and procedural features of the system, and adopted an increasingly …
The International Centre For The Settlement Of Investment Dispute (Icsid) Annulment Reform: A Lesson Learned From The World Trade Organization Struggle, Putu George Matthew Simbolon, Tiurma Mangihut Pitta Allagan
The International Centre For The Settlement Of Investment Dispute (Icsid) Annulment Reform: A Lesson Learned From The World Trade Organization Struggle, Putu George Matthew Simbolon, Tiurma Mangihut Pitta Allagan
Indonesian Journal of International Law
This article expresses how ICSID can learn from the WTO’s current struggles due to the Appellate Body vacuum. To achieve that, this article consists of three discussions. The first discussions analyze the uncertainties caused by the vagueness of International Investment Law’s (IIL) absolute standards, due to the absence of a multilateral investment treaty. The second discussion expresses the elements of the Multi-Party Interim Arbitration Arrangement (MPIA Arrangement) that shall be taken into account by ICSID. The third discussion provides how the current ICSID annulment mechanism shall be reformed. Those issues are answered through doctrinal research in a prescriptive manner. In …
Reinterpreting The Normal Mode Of Submarine In Archipelagic Sea Lane Passage, Pornomo Rovan Astri Yoga, Indra Alverdian
Reinterpreting The Normal Mode Of Submarine In Archipelagic Sea Lane Passage, Pornomo Rovan Astri Yoga, Indra Alverdian
Indonesian Journal of International Law
Today, many experts of maritime powers take it for granted that a foreign submarine has the right of submerged passage in an archipelagic sea lane. By using the 1969 Vienna Convention on the Law of Treaties (VCLT) as a tool of interpretation, this paper tries to decipher whether a submerged passage is permissible or not in archipelagic sea lane passage. This paper found that the submerging in an archipelagic sea lane passage is not a generally accepted interpretation of “normal mode” in Article 53 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The writers discovered …
Implementation Of The Cedaw In France And Indonesia: Challenges And Progress Towards A Unified Approach To Women's Rights, Louna Maret
Indonesian Journal of International Law
Almost fifty years after the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and 189 ratifications, it is interesting to analyze the progress and challenges remaining regarding a unified approach to women’s rights. This paper will focus on Indonesia and France, two countries with different cultural backgrounds and approaches regarding human rights. The research methods are mostly based on lectures of legal journal articles, papers, and recent periodic reports of the Committee that ensure the implementation of the CEDAW. After recalling the historical context of women’s rights in both countries to highlight the …
Current Energy And Energy-Related Services Negotiations Viewed From Developing Countries Legal Protection, Jonson Hutajulu
Current Energy And Energy-Related Services Negotiations Viewed From Developing Countries Legal Protection, Jonson Hutajulu
Indonesian Journal of International Law
This article aims to critically analyze current issues on energy services and energy-related services negotiation, viewed from developing countries legal protection on areas of energy production, transformation, transportation, distribution and sale of energy under the General Agreement on Trade in Services (GATS). Unfortunately, energy as an object of negotiation has been firmly agreed as goods, while markets on the aforementioned aspects reveal capacity gaps between developed and developing countries in order to reach efficient and fair energy services trade. Series of negotiations have been conducted creating scheduled of commitments among state parties interpreting GATS’ rules on affirmation enjoyed by developing …
Developing Standards For Psma 2009 Implementing Port And Its Implementation In Indonesia, Akhmad Solihin, Darmawan Darmawan, Muhammad F.A. Sondita, Ari Purbayanto
Developing Standards For Psma 2009 Implementing Port And Its Implementation In Indonesia, Akhmad Solihin, Darmawan Darmawan, Muhammad F.A. Sondita, Ari Purbayanto
Indonesian Journal of International Law
The ratified countries of PSMA 2009 are mandated to determine their implementing port without specifying any particular standards. The presence of port standards will ensure the effectiveness of services in preventing and eradicating IUU Fishing. Therefore, standards are needed to optimize the main objectives of the 2009 PSMA, especially in Indonesia, an archipelagic country with diverse fishing port classes and different management systems between general cargo ports and fishing ports. The objectives of this research are (1) to develop service standards for ports implementing PSMA 2009 and (2) to examine the readiness of ports implementing PSMA 2009 to prevent IUU …
Common Heritage Of Mankind Beyond Treaty Provisions: Customary Or General Principle?, Agustina Merdekawati, Marsudi Triatmodjo, Irkham Afnan Trisandi Hasibuan
Common Heritage Of Mankind Beyond Treaty Provisions: Customary Or General Principle?, Agustina Merdekawati, Marsudi Triatmodjo, Irkham Afnan Trisandi Hasibuan
Indonesian Journal of International Law
The Common Heritage of Mankind (CHM) has become a prevalent principle adopted in international treaties governing objects and resources situated beyond national jurisdictions. Despite this widespread adoption, it is still a subject of debate whether it constitutes something more than a mere treaty provision that only binds state parties. This paper aims to analyze the position of CHM in the sources of international law, with a focus on analyzing its existence as a customary norm and a general principle of international law. There has been no international dispute involving CHM, which leaves the question of its position in international law …
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Indonesia Law Review
Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …
The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia
The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia
Indonesia Law Review
This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, …
Examining The Negotiation Model Of The Disputed Boundary Between Indonesia And Malaysia On Sebatik Island, Amin Nurdin, Sudjito Atmoredjo, I Made Andi Arsana
Examining The Negotiation Model Of The Disputed Boundary Between Indonesia And Malaysia On Sebatik Island, Amin Nurdin, Sudjito Atmoredjo, I Made Andi Arsana
Indonesian Journal of International Law
Sebatik Island is a disputed territory between Indonesia and Malaysia, known as one of the Outstanding Boundary Problems (OBP). The island was divided into two parts by the Dutch and British, based on the 1891 Boundary Convention and the 1915 Boundary Agreement. In 2019, after a long negotiation process, the two countries agreed to re-demarcate the boundary line by planting new boundary pillars. The results of the re-demarcation have not yet been agreed upon by Indonesia and Malaysia, resulting in unclear boundaries of sovereignty and jurisdiction. This study aims to examine the negotiation model of dispute resolution on Sebatik Island. …
Exclusive Legal Personality Of States In East Asia And The Legacy Of Bandung Pragmatism, Tetsuya Toyoda
Exclusive Legal Personality Of States In East Asia And The Legacy Of Bandung Pragmatism, Tetsuya Toyoda
Indonesian Journal of International Law
One of the significance of the Bandung Conference was the down-to-earth realism. The People's Republic of China (PRC) was among the major promoters of the conference, despite its mostly unrecognized status in the international community. The exclusive legal personality is the central tenet of the modern system of international law, where non-sovereign entities are strictly discriminated against sovereign ones. The introduction of international law in East Asia in the late-nineteenth century was particularly troublesome with the eventual denial of legal personality of semi-sovereign entities, such as the kingdom of Lew Chew, the Joseon dynasty, or the government of Tibet. East …
The Implementation Of Law Enforcement In Combating Terrorist Financing In Indonesia, Nova Vincentia Pati, Emma Valentina Senewe, Merry Elisabeth Kalalo, Caecilia Johanna Waha, Theodorus Hw Lumunon
The Implementation Of Law Enforcement In Combating Terrorist Financing In Indonesia, Nova Vincentia Pati, Emma Valentina Senewe, Merry Elisabeth Kalalo, Caecilia Johanna Waha, Theodorus Hw Lumunon
Indonesian Journal of International Law
Law enforcement in Indonesia terrorism has encountered enormous difficulties when it comes to combating terrorist financing. In contrast, the terrorists who have been imprisoned found that the punishment given by the judge in the court and the deradicalization programs offered by BNPT, the National Counter Terrorism Agency, does not deter them from recidivism. Our research question is whether or not the implementation of law enforcement in combating terrorist financing in Indonesia has deterred terrorists from re-offending. The methodology used in this research is a qualitative method that employs two case studies through in-depth interviews to determine whether or not the …
The Urgency In Legal Protection Of The Internment In Non-International Armed Conflict Between The Ethiopian Government And The Tigray People’S Liberation Front, Ika Ningtyas, Maheswari Trinanda Putri, Yasniar Rachmawati, Fransiska A. Susanto, Patricia Audrey Ruslijanto
The Urgency In Legal Protection Of The Internment In Non-International Armed Conflict Between The Ethiopian Government And The Tigray People’S Liberation Front, Ika Ningtyas, Maheswari Trinanda Putri, Yasniar Rachmawati, Fransiska A. Susanto, Patricia Audrey Ruslijanto
Indonesian Journal of International Law
The issue of a legal vacuum in international humanitarian law related to administrative internment in non-international armed conflicts has been a concern addressed in Article 3 of the Geneva Convention and Articles 5-6 of Additional Protocol II. Due to this deficiency, many countries establish their domestic laws. One such example is the non-international armed conflict between the Ethiopian government and a non-state armed group, the Tigray People’s Liberation Front. The issue in this case began with the government's emergency statement for a six-month period, granting broad authority to arrest individuals based on “impossible judgment” and cooperation with a “terrorist group” …
Artificial Intelligence, Cyberspace And International Law, Tripti Bhushan
Artificial Intelligence, Cyberspace And International Law, Tripti Bhushan
Indonesian Journal of International Law
Artificial Intelligence (AI) has become a significant technology that has transformed different sectors, including cyberspace. As AI continues to advance, it poses complex challenges to the existing international legal frameworks that govern cyberspace. This research paper examines the relationship between AI, cyberspace, and international law. It explores the impact of AI on the development of cyberspace and its potential consequences for international law. It also examines the existing international legal frameworks that regulate cyberspace and the challenges posed by the development of AI. This paper investigates the legal implications of AI and cyberspace on international law, specifically in the context …
International Tribunals Approach Toward Maritime Boundaries Delimitation Of An Archipelagic State, Gulardi Nurbintoro
International Tribunals Approach Toward Maritime Boundaries Delimitation Of An Archipelagic State, Gulardi Nurbintoro
Indonesian Journal of International Law
One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime …
Conceptions Of Legitimacy Under International Human Rights Law And Islamic Rights Law, Raas Nabeel
Conceptions Of Legitimacy Under International Human Rights Law And Islamic Rights Law, Raas Nabeel
Indonesian Journal of International Law
Islamic law, or the shariah, is a rich body of legal rules and obligations that aims to protect individuals from wrongs committed to each other and wrongs committed to God. However, Islamic law is often considered to be at odds with international human rights law, particularly in certain domains such as gender rights, the freedom of expression, the freedom of religion, and the right to dignity. Muslim-majority States have criticized the Universal Declaration of Human Rights, the International Bill of Rights, as well as other international human rights conventions for the seeming incompatibility of their obligations with the rules, practices, …
Fighting Against Copyright Infringement On Social Networks In Vietnam - From The Perspective Of Responsibilities Of Internet Service Providers, Phan Khoi Nguyen
Fighting Against Copyright Infringement On Social Networks In Vietnam - From The Perspective Of Responsibilities Of Internet Service Providers, Phan Khoi Nguyen
Indonesia Law Review
The law on intellectual property in general and copyright, in particular, is a subject of increasing interest in today's society, particularly in the information and internet explosion era. To prevent infringement and effectively protect copyright in the online environment, Vietnam's copyright law contains numerous provisions, including regulations pertaining to service provider responsibilities. This article examines the international and domestic legal bases for the liability of social network service providers (a type of internet-based intermediary service) in the fight against harmful copyright violations by the users of the service. Thus, the authors will identify several deficiencies in the existing Vietnamese copyright …
Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas
Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas
Indonesia Law Review
Sexual violence against children is a crime that is quite disturbing and needs to get attention in society. The implementation of child protection must meet the requirements, among others, by implementing the development of truth, justice and child welfare. Based on the provisions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The basic rights of children who need adequate protection include the right to live, the right to develop, the right to protection, the right to participate and the right to education. Efforts to prevent sexual abuse in children can also …
Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa
Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa
Indonesia Law Review
This study aims to investigate the implementation of insurance laws and policies in Indonesia in the context of natural disaster risks. The study will analyse the effectiveness of existing insurance regulations and their practical implications through a comprehensive analysis of relevant literature, legal frameworks, and empirical data. The study will employ a mixed-methods approach, combining qualitative data with policyholders and insurance professionals, as well as quantitative data analysis from insurance industry reports. The findings will contribute to a better understanding of the strengths and weaknesses of the current insurance framework, shedding light on potential areas for improvement. This study seeks …
Reassessing Restorative Justice: Addressing Sexual Violence Cases In Indonesi, Ribut Hari Wibowo, Ahmad Busro, Ani Purwanti
Reassessing Restorative Justice: Addressing Sexual Violence Cases In Indonesi, Ribut Hari Wibowo, Ahmad Busro, Ani Purwanti
Indonesia Law Review
This study examines”Restorative”Justice in the settlement of sexual violence crimes. The research method used in this study is normative juridical, using a statute approach. The aim of this research is to determine the effectiveness of Restorative Justice in resolving the problems of cases of sexual violence that have occurred in Indonesia. The results of this study include that Restorative Justice is not effectively applied to cases of sexual violence because it cannot fulfill”the principles of respect for human”dignity, nondiscrimination, the best interests of the victim, justice, benefit and legal certainty for the victim as stipulated in the Law, Constitution Number …
Crisis And General International Law: Lessons From The Russia-Ukraine Conflict, Atul Alexander
Crisis And General International Law: Lessons From The Russia-Ukraine Conflict, Atul Alexander
Indonesian Journal of International Law
The ongoing Russian aggression in eastern Ukraine has instilled fear in humanity, with concerns of a possible third world war. Furthermore, international law has been criticized for its lackadaisical role in halting the Russian aggression. The United Nations Security Council (UNSC) has not been able to pass a resounding resolution condemning the attacks. Although the United Nations General Assembly (UNGA) overwhelmingly adopted a resolution demanding that Russia immediately cease military operations in Ukraine, the resolution is not binding, despite being persuasive. This brief article highlights the structural crisis in general international law to effectively combat the tragedy unfolding in Ukraine. …
Discourse Enterprise In Natural Resource Management For The Common Heritage Of Mankind, Ahmad Syofyan, Rudi Natamiharja, Melly Aida, Desy Churul Aini, Daryanti Daryanti, Rasti Putri Januarti
Discourse Enterprise In Natural Resource Management For The Common Heritage Of Mankind, Ahmad Syofyan, Rudi Natamiharja, Melly Aida, Desy Churul Aini, Daryanti Daryanti, Rasti Putri Januarti
Indonesian Journal of International Law
Common Heritage of Mankind (CHM) is a principle in which all entities can manage the natural resources that exist in the world and must share the benefits of their exploitation with other entities for the common good. However, the principle of CHM has not been structurally and legally regulated in space. The enthusiasm about ‘infinite natural wealth’ that space and seabed mining can produce, particularly in developing countries, means that they can benefit from the activities carried out in order for their regional and mineral resources to be declared as the heritage of mankind. The hypothesis obtained from this research …
Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin
Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin
Indonesian Journal of International Law
Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different …