Yuridika
Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016

DIALEKTIKA PERLINDUNGAN KEPENTINGAN NASIONAL BERDASARKAN KONSTITUSI EKONOMI DENGAN BASIC PRINCIPLE DALAM BILATERAL INVESTMENT TREATIES

Widhayani Dian Pawestri (Fakultas Hukum Universitas Airlangga)



Article Info

Publish Date
17 Jan 2016

Abstract

National interests is a fundamental thing that is often discussed, but does not have the exact concept and parameters. Especially in investment, national interests increasingly reduced by the emergence of some problems in Bilateral Investment Treaties (BIT), and certainly, the most disadvantaged entity is the State. This paper examines the dialectic between national interests with the basic principle, as one of the principles in the WTO-TRIMs that should be applied by all the States that have ratified that convention, including Indonesia. If there is a conflict between the national interest and the basic principle, especially in BIT, then the state must remain in favor of its national interests. The underlying basis of the argument is that the State has sovereignty whose power must be maintained. This is in line with the 'calvo doctrine' and the basic essence that the state (in this case the host state) has sovereignty over all natural resources-permanent sovereignty over natural resources-such as environmental protection, health and protection of human rights.

Copyrights © 2016






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...