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Abhishek Negi
Dharmashastra National Law University, Jabalpur

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Should Trade Remedies be Eliminated from WTO: A Response to Tania Voon Utkarsh K. Mishra; Abhishek Negi
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.748 KB) | DOI: 10.53955/jhcls.v1i3.17

Abstract

This work is a reflection of a critical viewpoint on the academic work of Tania Voon. She argues on the elimination of trade remedies from the multilateral trading system of the World Trade Organization on the basis of various considerations, including on the basis of some lessons from Regional Trade Agreements. The article makes no attempt to strike a balance between consumer and domestic industry interests. Additionally, it must be recognized that eliminating a structural protection mechanism is not always the best course of action because, in a global market such as that of trade, there are numerous players with disparate interests. If trade remedies are eliminated, a void will exist in which there will be nothing to regulate short-term issues, which will also affect the WTO's long-term objectives.
The Model of Law Enforcement Based on Pancasila Justice Arsyad Aldyan; Abhishek Negi
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.195 KB) | DOI: 10.53955/jhcls.v2i3.51

Abstract

The development of the current flow of law in Indonesia in the context of law enforcement is unquestionably still evident in the application of positivism in law enforcement, which, of course, with the application of legal positivism is enforced the law that is more important, if one considers that the philosophical goal of the law is the creation of justice, and so on. This is a declaration of Pancasila values in law enforcement in the Indonesian state. In some instances, it appears that the flow of positivism continues to exert a strong influence on law enforcement in Indonesia, which, of course, can affect the values of justice in law enforcement. As stated in Article 24 paragraph 1 of the Constitution of the Republic of Indonesia, in order to realize the Indonesian state as a rule of law, both law enforcement and justice must be properly enforced in the context of judicial power.