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All Journal Lentera Hukum Indonesian Journal of Law and Society
Gadkari, Ahan Mohit
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Peacebuilding as a New Form of Colonialism Gadkari, Ahan Mohit
Lentera Hukum Vol 9 No 2 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i2.31125

Abstract

Around two decades ago, legal anthropologist Merry posed the question, "what can we learn about law and globalization today from revisiting the law and colonization literature?" She emphasized how colonial arrangements transformed and affected the fundamental character of contemporary and international law. While peacebuilders, development experts, and human rights activists embrace law as a tool for social change, others have looked back on the history of legal development in the Global South to warn that the rule of law served as a framework for social control. It preserved authority and punished rebellious acts that threatened order while promoting development and social progress. As a result of this reminder, the critical peacebuilding literature has begun to pay attention to how the rule of law and transitional justice frameworks may serve as conceptual, lexical, and discursive foundations for post/neo-colonial control. This article used a historical, empirical, and comparative study of post-war Sierra Leone and Liberia to argue that the transplantation of legal norms and technologies has become more professionalized. In contrast, international efforts to rebuild the rule of law have reinforced social domination by legitimizing external actors as peacebuilders and reconstituting the relationship between the domestic political class and global capital. Social domination refers to the attempt to build an unequal playing field, wherein the country's political and economic elites can leverage and reproduce earlier forms of power relations and domination to consolidate their security within the state apparatus and benefit disproportionately from the security created by a large external presence.Keywords: Liberia, Neo-colonialism, Peacebuilding, Sierra Leone.
Harmonizing International Commercial Arbitration Gadkari, Ahan Mohit
Indonesian Journal of Law and Society Vol 3 No 1 (2022): Decolonization, Legal Pluralism, and Human Rights (In Progress)
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v3i1.28258

Abstract

Harmonizing international commercial arbitration with domestic courts is paramount in international commercial law. In this aspect, the time limit decided for setting aside an award is an essential aspect of the entire process of harmonization. By using in-depth analysis, this paper aimed to analyze the judicial practice of the period to set aside an award across common law jurisdictions. This paper contended that domestic courts lack the authority to extend the period for applying to vacate an award and some recurrent fact patterns that arise when parties attempt to argue for such discretion and how courts in other countries have addressed comparable instances. It delved into the harmonization of international commercial arbitration by considering the authority of domestic courts to extend the period for applying to vacate the award given that a significant reason for the success of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) is the cross-jurisdictional consistency of standards that can result from the Model Law's uniform application, particularly concerning those provisions considered mandatory. While leaving aside common law jurisdictions that have not adopted the Model Law, one would expect that the Common Law jurisdictions that have adopted the UNCITRAL Model Law must be consistent in their interpretations. Then, a proper international jurisprudence will harmonize international commercial arbitration proceedings globally for the benefit of parties. However, such cross-border uniformity is difficult to establish, as the Model Law discussed in this paper showed. Article 34(3) of the Model Law on the time bar for setting aside an award, not providing domestic courts the authority to extend this time restriction, several unusual cases from Asian Model Law States imply that such authority exists. KEYWORDS: International Commercial Arbitration, UNCITRAL, Model Law.
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