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All Journal Hasanuddin Law Review Journal of Humanity and Social Justice
Aiyub Kadir, M. Ya'kub
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Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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POLICY AND PRACTICE: REFLEKSI PERJANJIAN DAMAI HELSINKI 2005-2018: KESUKSESAN DAN TANTANGAN KEDEPAN Aiyub Kadir, M. Ya'kub
ISJN Journal Vol 1 No 1 (2019): Volume 1 Issue 1 2019
Publisher : Indonesia Social Justice Network (ISJN)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (710.326 KB)

Abstract

This paper is a reflection of the peace agreement between the Free Aceh Movement and the Government of Indonesia from 2005 to 2018. There have been improvement after a decade but there are still challenges that must be realized. The Helsinki Memorandum of Understanding (known as Helsinky peace agreement) on 15 August 2005 resulted a consensus that Aceh could have greater rights than before, as stipulated in the Law on Governing Aceh number 11/2006. Thus, Aceh has more authorities to redefine the political, economic, social and cultural status in the Republic of Indonesia system. This paper attempts to analyze this problem through a historical description of the movement of the Acehnese people, in the hope of contributing to increasing understanding of the concept of the Helsinki peace agreement in the context of sustainable peace and welfare improvement for the people of Aceh
THE INCONSISTENCY OF ICSID AWARDS OVER ARGENTINA CASES Aiyub Kadir, M. Ya'kub; Farsia, Lena
Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (687.944 KB) | DOI: 10.20956/halrev.v6i1.1844

Abstract

This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001.  Utilising a doctrinal methodology under Third World Approach to International Law (TWAIL) paradigm, this paper explores the argument set out in Argentina case in the first trial and its appeals, then makes an effort to find out the better and systematic argument for Argentina. Therefore, this paper contributes to factually understanding the different argument from two perspectives in ICSID proceedings which has been contested and herewith proposed a better formulated argument for the future of ICSID awards making by placing economic development in Third World States as a basis of argument. Hence this argument can be used for the similar cases in the ICSID in future.
Co-Authors Farsia, Lena