Category: ACPEL2016
Access to Justice in International Investment Law through Integrative Legal Thinking
The principle of access to justice is very dominant in the enforcement of the protection of the public interests in International Investment Agreements (IIAs). Protection against fundamental rights of the local community is often ignored in the establishment of IIAs. In order to strike a balance between the protection of investors and the public interests …
State Capture: Judicial Review of Administrative Law in Bailout Century Policy
Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible for public. When global financial crisis happened, many countries didn’t have the necessary rules to solve problems arose. In Indonesia, the decision from government to bailout century bank is controversial as of …
Ineffectiveness of Enforcement of the Constitutional Court’s Decision in Indonesia
According to the Indonesian Constitution, the Constitutional Court holds the authority to judicial review the constitutionality of legislation, and the decision shall be final and binding. Data from the official website of the Constitutional Court shows that there is a steady increase in the number of judicial review petitions submitted to the Constitutional Court which …
The Impact of Farmers’ Resistance to Trade Liberalization: A Comparative Study on Political Process Around FTAs in Korea and Japan
This study asks why South Korea could step toward rapid trade liberalization faster than Japan despite farmers’ strong resistance. Though both South Korea and Japan had closed their doors to import agricultural products to protect their farmers, South Korea has liberalized its trade by forming Free Trade Agreement (FTA) networks with the United States, the …
The Evidentiary Value of Big Data Analysis
Big data is transforming the way that governments provide security to, and justice for, their citizens. It also, however, has the potential to increase surveillance and government power. Geospecific information – from licence plate recognition and mobile phone data, biometric matches of DNA, facial recognition, financial transactions, and internet search history – is increasingly allowing …
Historical Synopsis of the Change-Of-Position Doctrine in South African, American and Continental European Laws
Both common-law and civil-law recognize unjust enrichment in their legal systems. Historically however the concept developed along different lines, especially since the European sixteenth Century. These different development paths were influenced by the social thoughts of their times, particularly by the theological and natural law schools then prevalent in Europe, and the societal context in …
Legislative Measures Related to Community Rights in Thailand and ASEAN Countries
The objective of the research is to study the laws relating to community rights in Thailand and ASEAN countries, as well as the basic international principles of community rights, particularly concerning the problem of access to and search for biological resources and control over natural resources within local communities, and offer recommendations on how to …
Determinants of Foreign Subsidiary Exploring Location-Specific Advantages: Capability Transfer and Experience Accumulation
Concerning the increase of foreign investment activities and changes of global environment, performance of foreign subsidiaries has been a crucial issue. According to the classification of FDI motivation, we identify four types of location-specific advantages such as market advantage, resource advantage, efficiency advantage, and strategic asset advantage. Each advantage is complement with different ownership advantage …
Power-Dependence of British Central-Local Government Relations and Interdependence of International Relations in the EU
Power-dependence theory of intergovernmental relations (Rhodes) and interdependence of international relations (Keohane and Nye) are known as approaches for analysis of domestic and international politics, respectively. Both theories deal with political dependence and conflict in different fields, that is, the domestic political situation with the same law, and multiple states with different laws and different …
The Exclusion of the Taliban From Afghanistan’s State-Building and Its Human Security Vulnerabilities
This paper discusses the impact of the Taliban’s exclusion from both Bonn Conferences (2001 & 2011) on Afghanistan’s state-building process and prolonged humanitarian disaster consequences. It outlines the current challenges facing the democratic institutions of Afghanistan due to the non-recognition and exclusionist polices adopted by the United States and its partner forces. It reviews the …