Karya Ilmiah

DISERTASI (370) - Multilateral Investment Court Sebagai Alternatif Forum Penyelesaian Sengketa Dalam Skema Investor State Dispute Settlement Akibat Tindakan Indirect Expropriation Bidang Infrastruktur

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ABSTRACT

Investment activities in infrastructure are an absolute need for Indonesia. Due to this reason, the government prepare various ways to attract investors to invest in Indonesia. Investor-state dispute settlement (ISDS) is a dispute that arises because of the existence of conflict between the government and the recipient country of investment with investors. ISDS arise due to violations of rights regulated by international law or by public agreements through BITs and FTAs, for example concerning violations of the standard of treatment for investors that conflict with investors' legitimate expectations. ISDS dispute resolution is currently carried out through ICSID and the Investment Court System (ICS). However, currently, a new ISDS settlement model has been developed and initiated by UNCITRAL, namely the Multilateral Investment Court (MIC) with an appeal mechanism. The legal issue presented in this study is to find the MIC model by identifying the material and formal laws of its formation. Studies related to the establishment of the MIC both in terms of substantive law and procedural law are needed to ensure the legal certainty for the establishment of the said Institution and the enforceability of its decisions.
This research is normative legal research, which uses the statute approach, case approach, and conceptual approach. This research’s objective is to expand the concept of supranational adjudication theory which is used to analyze the formation of MIC and its law enforcement.
The purpose of this research is to find MIC as an alternative model of ISDS dispute resolution. The finding of this research is to develop a supranational adjudication theory on ISDS dispute becomes a quasi-supranational adjudication theory.
Keywords: Investment, dispute settlement, Multilateral Investment Court, quasi supra national adjudication theory.

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Ketersediaan

031527017304

370 Yun m

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

Surabaya : Fakultas Hukum Unair., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

INTERNATIONAL INVESTMENT LAW
HUKUM INVESTASI
WTO
PENYELESAIAN SENGKETA INVESTASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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