The main objective of WTO Law is to accommodate individual's right in order to obtain better benefit of international trade. However, when a government violates WTO Law, it is therefore causing deprivation of individual right itself. Direct effect seems to be a feasible doctrine to provide a judicial protection for individual, in order to rebalance the right that is violated. Nevertheless, this doctrine is intractable to imply. This article discuss the polemic of giving direct effect of WTO Law and DSB Decision to domestic law to provide judicial protection for individual who becomes victim of WTO violation conducted by government
Der Sammelband umfasst mehrere wissenschaftliche Aufsätze, die jeweils zur Hälfte in kasachischer und russischer Sprache verfasst sind. Sie befassen sich mit verschiedenen Aspekten der Modernisierung des Rechssystems der Republik Kasachstan im Zusammenhang mit den marktwirtschaftlichen Reformen seit 1991. Behandelt werden u.a. die internationalen Vertragsverpflichtungen der Republik Kasachstan, die Rechte des Individualunternehmers, Vertragsrecht, der Zusammenhang zwischen ökologischem und Zivilrecht, die Rechtsvorschriften des Immobilienbesitzes, Franchising-Beziehungen zwischen Unternehmen u.v.m. (DÜI-Hmp)
Contributed papers presented at International Research Seminar "Indo-Tajik Cooperation in the Period of Independence", held during May 12-14, 2002 at Dushanbe
Abstract COVID – 19 is an unprecedented occasion that forces every state to adapt to the current changes in the dynamics of international relations. The impacts that are given by the Pandemic are not only on the health aspects, but also give the spillover effects to some aspects, such as economy and social, as the result of the closed-border policy and the restrictions policy on trading. By that means, the holistic and comprehensive approaches are needed to tackle the pandemic. Furthermore, Global Health Diplomacy is considered as one of the instruments or means to tackle the impacts of it. Notwithstanding, there are some states which implement the Me First Policy, especially at the beginning of the Pandemic. This paper examines Indonesia Foreign Policy through Global Health Diplomacy during COVID – 19 and to analyses the characteristics of the policy, either cooperative or competitive. This paper uses the concept of Global Health Diplomacy by Kickbusch and Told on 21st Century Health Diplomacy: A New Relationship between Foreign Policy and Health, Global Health Diplomacy: The Need for New Perspectives, Strategic Approaches and Skills in Global Health, by Kickbusch, Ilona; Silberschmidt, Gaudenz; Buss, Paulo and the concept of Global Health Diplomacy by Khazatzadeh-Mahani, A., Ruckert, A., & LabontÉ, R Through its Global Health Diplomacy, Indonesia is aiming to implement the policy which are based on the solidarity and cooperativeness. Keywords: COVID – 19, Global Health Diplomacy, Indonesia, Cooperative, Competitive
This paper looks at how Indonesia contributes to the creation of a relatively peaceful and stable Southeast Asian region after the Cold War. It examines Jakarta's diplomacy in the South China Sea, and explains its implications for the making of the regional order. The argument is that Indonesia's impact on regional security has been apparent in its attention to the improvement of rule-based interaction among states in the region. However, recent developments have demonstrated that Indonesia's initiatives, formulated in the Indo-Pacific Cooperation Concept, are unsuccessful due to the lack of support from other ASEAN states. This paper shows that great powers politics in the troubled waters has hindered the advancement of Indonesian's orderdriven policy.
Transition from command-administrative to market economy, new prospects of international cooperation, process of globalization set new rules of social and economic behavior for citizens of the young Republic of Kazakhstan.
The era of trade liberalisation for the ASEAN Economic Community (AEC) began in December 2015 and brought about economic liberalisation in the Southeast Asian region. This era is competitive and the ASEAN member states (AMSs) almost do not have full power of sovereignty to govern their own economic national matters. In this globalised dependence era, the majority of states in the world have to adjust and adopt as well as adapt their national laws to internationalised rules of law. This trade liberation era also has forced companies and other business entities, including Small and Medium Enterprises (SMEs) and Cooperatives in Indonesia to compete with each other in order to tap the benefits of international trade liberalisation. In this context, SMEs and Cooperatives in Indonesia need some kind of protection from the government that does not oppose international regulations on trade. While the number of SMEs and Cooperatives is 98 per cent, their contribution to Indonesian export is small, at only 19 per cent. They are weak in terms of capacity building and access to capital, information technology, global markets as well as integration with regional and global market chains. This research paper evaluates SMEs and Cooperatives in Indonesia in terms of facing AEC trade liberalisation, i.e., what has done and should be done by the authority is to give proper protection to the SMEs in Indonesia by focusing on the manufacturing SMEs as this sector has the best chance of boosting SMEs' export capacity and building the competitiveness of Indonesian SMEs in order to be equal with other SMEs in the ASEAN region.
There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual's right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.
The background of this article is the existence of a global pandemic COVID-19 which has an impact in various fields. This article seeks to explore the impact of the COVID-19 global pandemic on information and communications technology (ICT) in the form of digital diplomacy. Exploration is carried out by investigating the case of Indonesian diplomacy at the United Nations (UN) in March, April, and May 2020. The main concept in this article is digital diplomacy. This concept illustrates the use of ICT as a means of diplomacy for state actors and changes at the policy and institutional levels. This article found various digital diplomacy activities from the Permanent Mission of the Republic of Indonesia to the United Nations in New York, United States during the global pandemic COVID-19. These activities include: 1) coordination with Indonesia's Embassy and Consulate General in the United States to protect Indonesian citizens; 2) participation in UN Security Council virtual meeting to discuss international peace and security issues; and 3) participation in other UN bodies virtual meetings to discuss international development issues. This article argues that the impact of the COVID-19 global pandemic in the field of ICT is reflected in Indonesia's digital diplomacy at the United Nations. The global pandemic COVID-19 changed the means and tools used by Indonesian diplomats to gather information, negotiations, and responses on international issues. Even so, Indonesian diplomacy at the UN continues to run optimally.
Recently the impact of climate change has been an increasingly important policy issue to the Indonesian government. It makes serious programs to support the global climate change mitigation action. This article is aimed at analyzing the application of Indonesia's climate change policy. The focus is on crucial problems that constrain its effectiveness both at international and domestic levels. The discussions indicate that Indonesia's multilateral diplomacy to protect the environment is affected by the rise of global power politics as the consequence of the contestation between China and the United States. Meanwhile, internal actions are hindered by the complex social, economic, and cultural barriers. The efficacy of the policy is considerably weakened. To conclude, however, this author tries to offer some potential solutions for strategic planning and policy improvement.
