Jurnal Komunikasi Hukum
Vol 6 No 1 (2020): Februari, Jurnal Komunikasi Hukum

RELEVANCE OF RIGHT TO ECONOMIC SELF-DETERMINATION (RESD) PRINCIPLES OF INDONESIAN SOVEREIGNTY IN BILATERAL INVESTMENT TREATY (BIT)

Mutia Evi Kristhy (Fakultas Hukum Universitas Palangka Raya Email : mutiaevi@yahoo.com)
H. Suriansyah Murhaini (Fakultas Hukum Universitas Palangka Raya Email : wr2upr2018@gmail.com)



Article Info

Publish Date
30 Apr 2020

Abstract

The RESD principle is relevant for protecting the sovereignty of the Indonesian state in BIT negotiations, formulations and implementation. This relevance is based on the willingness and ability of the Indonesian state to exercise its sovereign authority responsibly in managing foreign investment. Accountability of sovereignty functions in the context of foreign investment can be proven through the willingness and ability of the functions it carries to ensure the availability of political good and public good to all parties who invest in their jurisdiction. Proving the country can be done through three main principles of the implementation of state sovereignty, namely responsibly, in accordance with good governance, and international standards of civilization. These three principles are manifested in the country's willingness and ability to guarantee political good in carrying out foreign investment relations with foreign investors and partner countries. Political good in this context is democratic governance (rule of law), good governance (anti-corruption). The implication of this legitimacy is that the state is spared or even cannot be interfered by other authorities, because it has a bargaining position. Keywords: Right to Economic Self-Determination (RESD), Bilateral Investment Treaty (BIT), Sovereignty.

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Journal Info

Abbrev

jkh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL KOMUNIKASI HUKUM is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. JURNAL KOMUNIKASI HUKUM is published by Faculty of Law and Social Sciences of ...