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All Journal Acta Comitas Sriwijaya Law Review Halu Oleo Law Review Jurnal Simbur Cahaya JURNAL PEMBANGUNAN HUKUM INDONESIA Indonesian Journal of International Law Yuridika Indonesia Law Review (ILREV) Jurnal Hukum dan Pembangunan

Yetty Komalasari Dewi

Department Of Civil Law, Faculty Of Law Universitas Indonesia

Author-ID : 252999

Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 18 Documents Claim Missing Document

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Dispute Settlement Mechanism In Bilateral Investment Treaties (BITs) Yetty Komalasari Dewi; Arie Afriansyah
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

The Bilateral Investment Treaty (BIT) or in Indonesia known as “Perjanjian Promosi dan Perlindungan Penanaman Modal (P4M)” contains a very powerful dispute settlement mechanism that allows investors to file a lawsuit directly against a host country allegedly violating investment protection under international law. This is known as Investor-State Dispute Settlement (ISDS). The ability of investors to “impose” their rights directly against a country without the existence of an arbitration clause is considered as one of the extraordinary achievements of the BIT innovation. This paper discusses two types of dispute resolution models contained in almost all BITs signed by Indonesia, namely State-State Dispute Settlement (SSDS) and Investor-State Dispute Settlement (ISDS). It also elaborates the weaknesses of the current dispute resolution formula, especially in the ISDS clause and provides the possibility of improvements to the formulation of the ISDS clause to better ensure a balance between the protection of foreign investors and the needs of the host country.

Is the Measure to Phase Out Crude Palm Oil in RED II discriminatory based on the World Trade Organization Law? Laras Thyrza Amandari; Yetty Komalasari Dewi
Yuridika Vol. 37 No. 1 (2022): Volume 37 No 1 January 2022
Publisher : Universitas Airlangga

The European Union enacted the Renewable Energy Directive 2018/2001 (RED II) policy under the pursuit of environmental protection. The authors will analyze how RED II is discriminative toward Indonesian trade of CPO, primarily within the concept of indirect land use change (ILUC), which restricts trade toward crude palm oil (CPO) whereas other domestic like products are exempted from such reduction. After the promulgation of this policy, Indonesia requested WTO to examine whether RED II follows the international obligations set forward in WTO. The author will analyze non-discrimination under WTO Law, specifically based on the provisions of Article 2.1, 2.2, and 5.1 Technical Barriers to Trade (TBT) Agreement as well as Article III:4, XX(b), and XX(g) of General Agreement on Tariffs and Trade (GATT) 1994, alongside with relevant jurisprudence of WTO case laws. This research is conducted through juridical-normative method, which utilizes library materials and secondary data. The outcome of this study shows that RED II does violate obligations of non-discrimination based on GATT and TBT due to differential treatment of like products that inflicts less favorable treatment and unequal opportunities of competition for CPO.

Co-Authors Arie Afriansyah Arie Afriansyah Darmawan, Aristyo Rizka Fiona Priscilia Kohar Gautama, Abhiyoga Dirdanaraputra Koentjoro, Talissa Kristantini Sugiharti Laras Thyrza Amandari Lie, Luther Melda Kamil Ariadno Melda Kamil Ariadno Muhamad Adhi Pramana Prima Yulia Jatiningsih Setiawati, Wenny Setiawati, Wenny, wsetiawati@gmail.com Temenggung, Carissa T.A. Yeni Salma Barlinti Yuwana, Citranella Ramadhani

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