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Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard Paramita, Kartika
Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (690.057 KB) | DOI: 10.20956/halrev.v6i1.1570

Abstract

The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country. It extends the jurisdiction of a BIT forum to the breach-of-contracts matters and changes the nature of a private issue to an international affair. The polemic over the clause's interpretation has become a controversial issue over the years. It comes as a backlash for the Contracting States as a foreign investor could quickly bring an investment problem to an international forum. After more than a decade since its first discussion in the case of SGS v Pakistan, the clause grows to be one of the reasons for many countries to leave or reform their BIT model and changes the trend of international investment protection standard. This article addresses the different episodes of the umbrella clause alongside over the past decade. It projects the debate over the clause’s scope, its development, the governments' action, and their perception over it, and finally, how it changes the standard of investment protection in international treaties.
Tort Claim under the Ship Time Charter: The Perspective of Indonesian Law Kartika Paramita
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2089

Abstract

During a cargo carriage by sea under the time charter scheme, there can be a situation where the Ship-owner of the vessel does not have a contractual relationship with the cargo owner. This situation could happen when the charterer becomes the contractual carrier under the bill of lading instead of the Ship-owner. In that given scenario, if cargo damage occurs, the cargo owner can submit a tort claim against the Ship-owner. Indonesia never ratifies an international convention in the field of carriage of goods by sea. Suppose the given scenario happens without the incorporation of the Charter party or the provision of any international convention into the bill of lading, a tort claim will become a choice for the cargo owner to ask the Ship-owner's liability. It is the purpose of this article to analyze how Indonesian laws will examine a tort claim and how the Ship-owner will construe his defense in the field of carriage of goods by sea. The writing finds that Indonesia Commercial Code provides a legal basis for a cargo owner's tort claim against the Ship-owner. However, it needs further discussion to set the relationship status among the Ship-owner, the time-charterer/contractual carrier, and the cargo owner under Indonesian laws and regulations.
MEMPERERAT REGIONAL ASEAN MELALUI TATANAN HUKUM KEANTARIKSAAN: PELUANG DAN TANTANGAN BAGI INDONESIA Nugraha, Ridha Aditya; Paramita, Kartika
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The outer space has become a forum for international cooperation. History has revealed that many countries with different ideologies could work together when it comes to space activities. The existence of the Association of South East Asian Nations (ASEAN) as a subject of international law with ten member states shall test that premise. The actualization of regional cooperation on space activities could be in many forms, one of them is through the establishment of an ASEAN Space Agency. In a smaller scale, considering there is no legal system applied in the ASEAN level, arranging a joint satellite operation seems rather realistic. Both scenarios could become solutions to answer several actual issues, such as utilizing Geostationary Orbit (GSO) slots for Indonesia as well as determining space activity goals in the ASEAN region.
Peningkatan Produktivitas UMKM Kue Kering dan Tik Tuk di Desa Cipanas Melalui Program Pendampingan Community Development Soetijoso, Winnie Wiwa; Saputera, Miranda Indira; Anindhita, Shabira; Dwiputra, Mahardika; Andika, Rivo; Gerardo, Erick; Putra, Aditya Santosa; Paramita*, Kartika
Journal Pemberdayaan Masyarakat Indonesia Vol 1 No 1 (2019): Jurnal Pemberdayaan Masyarakat Indonesia (JPMI)
Publisher : Pusat Pengabdian kepada Masyarakat (PPKM) Universitas Prasetiya Mulya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (992.775 KB) | DOI: 10.21632/jpmi.1.1.53-64

Abstract

The Community Development Program aims to help The Micro Small & Medium Enterprises (MSME) in developing their business. Through this activity, it is intended for builders to be able to increase sales and marketing widely. The method used is mentoring and monitoring of the direct practices applied by partners regarding the production process of cookies and tik-tuk. The success of this activity is in the form of a standard operating procedure (SOP). Partners also get additional equipment that supports the production process. Marketing partner products is made online to reach a broad target market. Product innovation starts from the presence of brands, logos, and packaging made to attract customers with new products introduced to the market.
Analysis of Systemic Immune-Inflammation Index (Sii) And Cd4 Count In Hiv/Aids Patients With And Without Tuberculosis Co-Infection Fathiyah, Riza; Paramita, Kartika; Handayani, Irda
International Journal of Health and Pharmaceutical (IJHP) Vol. 5 No. 2 (2025): May 2025 ( Indonesia - Iraq - Malaysia)
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijhp.v5i2.386

Abstract

Background: The Global Incidence Of Human Immunodeficiency Virus (Hiv) Infection Continues To Rise, With Increased Mortality Observed In The Presence Of Opportunistic Infections Such As Tuberculosis (Tb), Torch Infections (Toxoplasmosis, Rubella, Cytomegalovirus, Herpes Simplex), And Candidiasis. The Systemic Immune-Inflammation Index (Sii), Derived From Neutrophil, Lymphocyte, And Platelet Counts Obtained Through Routine Complete Blood Count Testing, Has Recently Been Explored As A Potential Marker Of Immune Response And Inflammation In Hiv Patients, Particularly In Those With Tb Co-Infection. Objectives: To Analyze The Sii Index And Cd4 Count In Hiv Patients With And Without Tb Co-Infection. Methods: This Retrospective Study Analyzed Secondary Data From Hiv-Infected Patients Treated At Wahidin Sudirohusodo Hospital, Makassar, Between January 2022 And June 2024. The Mann–Whitney U Test Was Used To Compare Sii And Cd4 Counts Between Groups, And Receiver Operating Characteristic (Roc) Curve Analysis Was Performed To Assess The Predictive Value Of Sii For Tb Co-Infection. Results: Among 144 Patients, Sii Values Were Significantly Higher In The Hiv-Tb Co-Infection Group Compared To The Non-Tb Group (P = 0.001). Roc Analysis Revealed That An Sii Cut-Off Value Of 562.3 Yielded A Sensitivity Of 82.4% And A Specificity Of 35.5%, With An Area Under The Curve (Auc) Of 0.661, Indicating Weak Discriminatory Power. Cd4+ T Cell Counts Were Significantly Lower In Patients With Tb Co-Infection (P < 0.001). Conclusion: Sii Was Significantly Elevated In Hiv Patients With Tb Co-Infection, Demonstrating Relatively High Sensitivity And Suggesting Its Potential Utility As A Screening Tool For Identifying Tb Co-Infection In Hiv-Infected Individuals. Cd4+ T Cell Counts Were Also Significantly Lower In The Co-Infection Group, Consistent With Greater Immunosuppression.