The paper deals with cross-border insolvency protocols as special source of insolvency law. Protocols are agreements between parties in insolvency procedure that deal with many significant questions in order to establish cooperation and coordination between participants. Protocols are used in cross-border insolvency proceedings in order to overcome differences between state legislation that can pose major obstacle for maximization of the value or efficient reorganization procedure. This instrument has special significance in cases of cross-border-group-insolvencies. Namely, in this case every subsidiary is a separate entity, but the preservation of economic value of the group as a whole calls for cooperation between insolvency practitioners and/or judges. The topic is especially interesting having in mind that European Insolvency regulation Recast explicitly mentions the use of protocols as means of cooperation (Recital 49). This will most definitely have broader implications on insolvency laws of civil law countries and it will contribute to wider use of protocols in these countries.
International police and other cooperation is a necessity of the modern world and imperative for the survival of human civilization. The goal of cooperation is that states and the international community unite in opposing crime as the greatest peacetime evil in the world. This is particularly in relation to organized crime, terrorism, and corruption and other most serious forms of crime in contemporary society. Cooperation takes place at the bilateral, regional and multilateral levels. Bilateral cooperation mainly has a trans-border character of neighboring countries, while the regional cooperation between states within certain areas such as the SEE region (Western Balkan) or Europe (e.g. Europol). Multilateral cooperation is mainly on a broader level, e.g. in the field of combating terrorism or through universal organizations (e.g. Interpol). International police cooperation in Europe has a long tradition. One part takes place today in this area through the OSCE, with the caveat that this is a global organization that deals with security issues. The Council of Europe is the next organization through which co-operation began in the past and is partly carried out to this day, given that it brings all European countries together (except Belarus). Cooperation is more intensive still throughout the European Union, its forerunners, the current forms of the organization and present mechanisms (EAW- European surrender and arrest warrant).53 The cooperation in the EU, that takes place through Europol as a specialized agency of the Union is especially current, but with minimal operational competencies. In the SEE region, a significant cooperation between countries of the former Yugoslavia and countries in its neighborhood has been achieved. This cooperation is not only based on bilateral and multilateral acts, but primarily regional documents of which the most important are the International Convention on Police Cooperation in SEE and SELEC Convention. According to these and other acts, all the countries in the region have taken part in regional cooperation, since the fight against crime is the common interest of all. This applies in particular to organized crime, terrorism, corruption and other most serious forms of crime. Extremely important shapes, forms and mechanisms of international police cooperation are: exchange of information, joint investigation teams, joint operational actions, liaison officers, contact points, regional centers for police and customs cooperation, joint police stations and others. To recap, international police cooperation in the world today is an expression of anti-criminal solidarity between states and its prospects are clear, because the danger of crime is global and requires a harmonized response at the international level.
United States participation in international politics during the period between the two world wars, come not only from the general and often declarative interest in peace, but was also a consequence of extremely rapid expansion of their foreign trade and overseas capital investments. It was a period of intense financial diplomacy, when efforts to maintain the gold standard, to determine the amount of reparations and the manner of payment of war debts, brought confusion not only in relations between victors and vanquished, but also in relations between the United States and its former European allies. Abandonment of the gold standard and the creation of the tripartite agreement between the United States, Britain and France, in the 1936, was a milestone in the development of international monetary cooperation and the role of United States in international economic relations. .
Crime and violence pose a serious challenge to Mexico. The problem appears to be growing worse, with 2011 on pace to become the most violent year on record. The rising violence in Mexico has resulted in a sharply heightened sense of fear among citizens, who now feel the presence of cartels in their every day lives. The use of extortion and kidnapping by cartels combined with a lack of trust in security forces terrorizes the population and makes them feel like they have no where to turn. Despite this fact, crime rates in Mexico remain lower than in other parts of Latin America. Venezuela, for example, has among the highest homicide rates in the world. Yet the pervasive infiltration of cartels into public life gives Mexicans a heightened sense of the severity of violent crime in their own country. Although accurate statistics are hard to come by, it is quite possible that 60,000 people have died in the last six-plus years as a result of armed conflict between the Mexican cartels and the Mexican government, amongst cartels fighting each other, and as a result of cartels targeting citizens. Mexico has been struggling with drug production and drug transit through its territory from South America to the U.S. for many decades, given the fact that it is the most important transit country for drug production originating from South America. In recent years, the escalating violence in Mexico has led to dramatic deterioration of the security situation. Recent wave of drug-war violence is associated with the beginning of the term of President Felipe Calderón in December 2006. The immediate implications of his assumption of the presidency and his hard-line policy, which he has applied against drug cartels and organized criminal groups across the country, were the deployment of Mexican army to fight cartels and the gradual weakening of the influence of local and state police at the expense of federal troops. This was done in order to combat corruption and collaboration of local law-enforcement institutions with drug trafficking organizations (DTOs). The consequence of such a policy, however, has been increased violence among rival cartels and between them and the federal police and military, resulting in a dramatic increase of the number of victims. The future of US-Mexican counter drug cooperation, as well as of the whole bilateral relation in the area of security, depends on the outcome of US presidential elections. As for Mexico, Enrique Peña Nieto takes the office on December 1, 2012 that will mark a comeback of his party PRI after 12 years in opposition. As far as the security strategy of the future Mexican President is concerned, there are no significant changes to be expected. Peña Nieto seems to be aware of the current situation and its consequences as well as of the inevitability of an extremely close and dynamic mutual cooperation with the US.
ASEAN (Association of Southeast Asian Nations) as a regional cooperation association has a significant roles on harmonizing the counter terrorism effort in the Southeast Asia region. Based on primary and secondary data by using qualitative method, the purpose of this paper is to examine the harmonization of counter terrorism cooperation between ASEAN members. The research found that ASEAN has a set of counter terrorism policies that had been ratified in different times as a form of regional policies harmonization. However in terms of strategic-operational level, the ASEAN's member states has the authority to tackle terrorism issue on their own with the possibility to establish a cooperation with a non ASEAN member state. In addition, the US also has a significant role in assisting counter terrorism effort for ASEAN's states members.
Currently, ASEAN has come to the new phase of cooperation on political security, economic, and socio-cultural by the establishment of ASEAN Charter in 2008. The cooperation has been deepened, widened, and enlarged. Accordingly, the AEC is the most significant cooperations, namely the economic integration of ASEAN which not mere free trade area but to make the region as a production basefor all products of ASEAN as well as to accomplish the region as a single market by applying scorecard system of AEC's blueprint that should be preserved by all ASEAN state members. Theformation of AEC in 2015 totally depends to the commitments of the member states of ASEAN to apply those agreed trade agreements, roadmaps, and plan of actions including AEC's blueprint.
Post-cold war concept of security is based on realistic postulates and emphasises a concept of state, forces,power and national interests. Military and political concept of security was dominant while the relations between the superpowers was based on the so called bipolar balance of power. Identity of states was realised by membership in military, political and economic organisations. The strategy of returning to the era of nuclear weapons reaches its full flowering. The crucial point of security after the end of Cold war consists of searching for giving answers to the threats coming from the outside and abilities of states to maintain their independent integrity against changed relations among the powers, which potentially may become enemies. Under such circumstances powers should not be ignored in any interpretation of any aspect of security, for realistic theories of international relations are still of great influence in the field of security. They will be modified in different conditions and will act in the sense of enlarged concept of security - instead of dominant concepts of political and military security typical for the Cold War era, economic, social and environmental factors will appear. Basic weakness of the realistic theories of security is in the lack of recognising the importance of cooperation between main factors in international community. This failure will be replaced neo realistic and liberal and institutional theories of security which emphasises the concept of cooperation in the first place. Concepts of power, forces and integral processes will be observed within the context of changes in the international relations.
South South Cooperation (SSC) is a form of development cooperation between developing countries based on the principle of solidarity, equality (mutual opportunity) and the principle of mutual benefit. Indonesia is one of the member countries of Cooperation which is active as a foreign aid provider for SSC partner countries. So far, the available discussions have only focused on the benefits of South South Cooperation (SSC) on Indonesia's national interests. This journal examines from another perspective on the impact of Indonesia's foreign assistance on the development of member states of South South Cooperation. The research method used was descriptive qualitative with a focus on providing assistance in the Asian region. Foreign aid provided by Indonesia focuses more on training and community empowerment programs. Indonesia also provided financial assistance but the value was no greater than non-financial assistance worth US $ 60 million. In addition, Indonesia's foreign aid for conflict countries in Asia includes educational, economic, health and social programs that aim to help and alleviate the suffering of people in the midst of conflict. The impact of the provision of non-financial assistance is that people in developing countries in Asia get new knowledge, skills and information to be implemented in their countries and increase community empowerment so that they are not increasingly dependent on foreign financial assistance.
Paradiplomacy is still relatively a new phenomenon for government activity in Indonesia. Paradiplomacy refers to the behavior and capacity to engage in foreign relations with foreign parties carried out by 'sub-state' entities, or regional governments / local governments, in the context of their specific interests. The term 'paradiplomacy' was first launched in an academic debate by Basque scientists, Panayotis Soldatos in the 1980s as a combination of the term 'parallel diplomacy' into 'paradiplomacy', which refers to the meaning of 'the foreign policy of non-central governments', according to Aldecoa , Keating and Boyer. Another term that was put forward by Ivo Duchacek (New York, 1990) for this concept is 'micro-diplomacy'. In this work, author explain the paradiplomacy into ten section such as: (1) Introduction; (2) Interaction Transnational and Paradiplomacy; (3) Paradiplomacy in the Indonesian Law Context; (4) Paradiplomacy in the International Law Context; (5) Diplomacy by Local Government; (6) Technical Regulation on the Implementation of Paradiplomacy in Indonesia; (7) International Cooperation by the Special Regional Province of Yogyakarta, Indonesia; (8) The Chronology of International Cooperation by the Local Government in Indonesia; (9) Inputs for the Revision of Indonesian Law on International Cooperation and (10) Epilog.
Abstract Arthasastra book first examines community by explaining the purpose trayi, anvikshiki, Varta, and danda within the framework of human existence. Then went on to explain warnasrama dharma as the foundation of social order and the general obligations that apply to everyone. As a statesman, Kautilya pay great attention to work and power. Arthasastra reflected elements of democracy, as described in the conception of democracy among other kingdoms or states recognize diversity; folk in the free association or organization; cooperation are independent and harmonious; seek justice; contained the separation and division of powers; powers acquired under the law; election of state officials based on moral qualities and skills; government policy implemented by law; carried out in a planned leadership succession; no freedom of individuals to develop their talents and interests; ensure the protection of the rights and welfare; magnitude of taxes and trading profits stipulated by the agreement, and dispute resolution institutionalized by prioritizing peace. Key Word: Democracy, Arthasastra, politics and the state.
This article analyzed the opportunities and challenges of Indonesia maritime diplomacy in the context of the Indian Ocean Rim Association (IORA). As part of the effort to realize the policy of global maritime fulcrum, Indonesia utilizes maritime diplomacy to look for the close cooperation and agreements with IORA member countries. Up to date, Indonesian foreign policy, specifically in the maritime field is tending to be more dominant to the Pacific Ocean rather than the Indian Ocean. Thus, this paper will explain how Indonesia implements its maritime diplomacy within IORA, and what the opportunities and challenges faced by Indonesia inside the association. Using the method of literature study, this descriptive paper uses the concept of maritime diplomacy and global maritime fulcrum in order to explain the study. This paper argues that IORA's strategic policy in maritime security and economic policies, links with Indonesia policy in global maritime fulcrum. Thus, Indonesia uses maritime diplomacy to take the advantages and opportunities to enhance maritime connectivity and cooperation with IORA members. Nevertheless, several issues challenge Indonesia like the increasing of great power states maritime influence such as India and China in the Indian Ocean, as well as challenges in integrating IORA member states.
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.
Local self-government units are key cells of every country's development, pervading deeply needs and interests of local community members, the citizens of a state, who are considered to be the key factor in survival and development of a community. No successful democratic society can be achieved without a good and effi cient local self-government. For that reason, a special attention needs to be brought to the issue of local self-government units. In Bosnia and Herzegovina, there is a fragmented system of local self-governmentmunits at entity level, with a very low degree of mutual cooperation, which greatly complicates and hinders the functioning of local self-government units at the state level. There is no unity in regulation and compliance of local self-government units functioning, at the state level, with the European Charter of Local Self-Government, or the documents of the Council of Europe, which is at odds with the aspirations of our country in the process of Euro-Atlantic integration with the rest of Europe.
Shooting incident on Preah Vihear Temple on February 2011 between Thailand and Cambodia military forces marked the fragility of ASEAN stability. It has been widely acknowledged that ASEAN member states has conflicting issues each other, commonly related to territorial boundaries. For Indonesia, which became ASEAN chairman in 2011, the conflict was a moment of testing Indonesia's leadership in ASEAN. This article aims at describing Indonesia's effort to mediate Thailand and Cambodia Conflict. Since ASEAN maintains its position not to involve in domestic affairs of every member. Based on Treaty of Amity and Cooperation and ASEAN Charter, Indonesia conducted shuttle diplomacy and facilitated many informal meeting to resolve the conflict. This case proofed that ASEAN way once again works in restraining violence conflict, although it did not address the root of the problem. ; Shooting incident on Preah Vihear Temple on February 2011 between Thailand and Cambodia military forces marked the fragility of ASEAN stability. It has been widely acknowledged that ASEAN member states has conflicting issues each other, commonly related to territorial boundaries. For Indonesia, which became ASEAN chairman in 2011, the conflict was a moment of testing Indonesia's leadership in ASEAN. This article aims at describing Indonesia's effort to mediate Thailand and Cambodia Conflict. Since ASEAN maintains its position not to involve in domestic affairs of every member. Based on Treaty of Amity and Cooperation and ASEAN Charter, Indonesia conducted shuttle diplomacy and facilitated many informal meeting to resolve the conflict. This case proofed that ASEAN way once again works in restraining violence conflict, although it did not address the root of the problem.
