Article Per Year (5 Year)
p-Index From 2019 - 2024
0.408
P-Index
This Author published in this journals
All Journal Lex Scientia Law Review Cendekia: Journal of Law, Social and Humanities
Adam, Bani
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
History Of Raw Material Export Restriction By European Powers: Revisiting Colonial Past Adam, Bani; Haniff Ahamat
Cendekia : Jurnal Hukum, Sosial dan Humaniora Vol. 1 No. 2 (2023): Cendekia : Jurnal Hukum, Sosial dan Humaniora
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (773.6 KB)

Abstract

Acquiring control and monopoly over raw materials and natural resources was key to political, military and territorial expansions of European Powers in Asia, America and Africa. After World War 2, trade of goods become major concern under international trade regime which international legal order has clear rules against export restrictions on raw materials including on natural resources agreed under GATT 1947 Agreement. This paper inquires into the historical foundations of control and monopoly over raw materials and minerals, the legal rules that governed such conduct of States. This paper finds that control and monopoly were bread and butter to European colonisation of America, Asia and Africa, which flourished at the height of the mercantilist era. However, after the advent of the General Agreement on Tariffs and Trade (GATT), restrictions on exports are now restricted. The doctrine of intertemporal law describes what happens to the legality of an act when there is a change to an event and law. As established by Judge Huber on Island of Palmas case, there is difference between the creation of a right under the law and the continuation of that right transcending the past, the present and the future. This article is written regarding on historical approach which data sources originate from book of historians, such as Adam Smith and D.K. Fieldhouse. Some journals of relevant experts could be referred to find pathway of the raw materials controlled by the West power during colonialization era. The historical approach of this article Historical approach to research can shed light on how legal aspects of conduct that became subject of legal rules unraveled in response to historical event. As more developing countries are restricting exports of raw minerals including rare earth, there may now be associated with the rise of neo-mercantilism.
Implementation of Domestic Market Obligations on Nickel and Bauxite in Indonesia Under International Trade Regime Adam, Bani; Ahamat, Haniff; Yahanan, Annalisa
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.63830

Abstract

Increasing global economic activity has resulted in raising demand on nickel and bauxite ores for manufacturing industries. Foremost demand on the raw materials is consistently increasing for production of friendly environment products, such as battery of electric vehicles (EV). The production of EV battery potentially increases particularly as global transformation to reduce GHG Emissions which cover developed and developing countries. This current situation leads export restrictions on nickel and bauxite to developed countries which purpose for domestic stockpile in developing countries, such as Indonesia. Meanwhile, the measures is supposed to violate Article XI.2(a) GATT 1994 which it is applied without temporary period and there is no essentialness circumstance to implement the restrictions. This emphasized on review opportunities for Indonesia to take into force alternative measures which is consistent with the GATT 1994 provisions. The research is conducted based on legal review with refer to GATT 1994 provisions and Indonesia legal provisions. Based on the review, the researchers find that implementation of Domestic Market Obligations are an exact alternative measure to safeguard domestic stockpile without extremely suffer disruption for global demand. The alternative measures grant balancing allocation between global and domestic demand which could be adjusted regularly according to the further situation faced by the country.
Co-Authors Annalisa Yahanan, Annalisa Haniff Ahamat Haniff Ahamat, Haniff