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Trade-Related Aspects of Intellectual Property Rights (TRIPS) Waiver Proposal for Global Health Equity in COVID-19 Pandemic: The Challenges and Dynamics Lintania, Nabiila Putri; Maulana, Zain
Proceedings of Universitas Muhammadiyah Yogyakarta Graduate Conference Vol. 3 No. 1 (2023): Crafting Innovation for Global Benefit
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/umygrace.v3i1.551

Abstract

The TRIPS waiver is a proposal by India with South Africa submitted to the WTO. The Proposal contains certain exceptions to the applicable TRIPS Agreement. This Waiver Proposal was submitted because of the inequity conditions between rich and poor countries accessing health products in eradicating the COVID-19 pandemic. This study aims to analyze the success of the TRIPS Waiver in fighting for equity distribution of global health facilities in the context of the COVID-19 pandemic from the start of the pandemic to the end of 2022 by examining the challenges and dynamics of the proposal submission process at the WTO. This study uses a qualitative descriptive method by reviewing literature or secondary data. In analyzing the challenges and dynamics of the TRIPS Waiver Proposal process at the WTO, the authors use the norm life cycle concept and find results that the internalization of norms has not been fully formed because the domination of big countries of WTO members have not agreed on all aspects of the TRIPS Waiver proposal, or it can be said that the TRIPS Waiver Proposal has not been fully agreed upon as a new norm in overcoming global health inequity. Even though the supporting tipping point has exceeded 1/3, full support is needed for the success of the TRIPS Waiver Proposal, as voting in the WTO is based on consensus. The novelty of this research is the use of the norm life cycle concept in the implementation process.
The Reform and Evolution of ASEAN Human Rights Regime: A Communicative Action Perspective Maulana, Zain; Putra, Husni Amriyanto
JAS (Journal of ASEAN Studies) Vol. 12 No. 1 (2024): Journal of ASEAN Studies
Publisher : Centre for Business and Diplomatic Studies (CBDS) Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/jas.v12i1.9668

Abstract

ASEAN has experienced significant progress since the initiation of the ASEAN Community Vision and the incorporation of human rights into its foundations. This development has ignited continuous scholarly discussions over the degree to which the ASEAN human rights framework shape regional identity and impacts member states’ behavior towards human rights. These debates often revolve around two key theoretical approaches: the logic of consequences and the logic of appropriateness. These logics pose challenges in fully understanding the complexity of state behavior, as they are often observed operating simultaneously and interchangeably within state actions. The article investigates the ASEAN human rights regime through the communicative action perspective and its logic of arguing. It employs a qualitative instrumental case study approach, focusing on the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Humanitarian Assistance (AHA) Centre to illuminate the region's evolving human rights strategies. It is characterized by both deliberate reforms and informal adaptations, reflecting a complex interplay of traditional principles, and emerging human rights norms. The findings indicate that ASEAN states are open to being convinced and persuaded by ideas related to human rights instead of dismissing them outright. ASEAN's approach to human rights, while progressing gradually, suggests a shift towards more substantive engagement with global human rights norms, facilitated by the discursive processes embedded within the AICHR and AHA Centre.
Identity Does Matter: A Comparative Study of Turkey–Bulgaria's Accession into the European Union Maulana, Zain; Pangestika, Meitha Azzahra
Intermestic: Journal of International Studies Vol 9 No 1 (2024)
Publisher : Departemen Hubungan Internasional, Fakultas Ilmu Sosial dan Ilmu Politik, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/intermestic.v9n1.10

Abstract

The European Union’s enlargement process, guided by the Copenhagen Criteria, is a multi-faceted exercise influenced by both technical and socio-cultural factors. While the Criteria set standards in political, economic, and legal spheres, the accession of nations often hinges on deep-rooted perceptions of identity and cultural congruence. using the contrasting cases of Bulgaria and Turkey, this article explores the nuances of EU accession. Bulgaria’s relatively smooth accession, despite its initial economic and political challenges, stands in stark contrast to Turkey’s prolonged and complex negotiation process. Although Turkey has made significant reforms aligning with EU standards and showcased impressive economic growth, underlying factors such as historical tensions, cultural differences, geographical concerns, and human rights issues have impeded its membership. This comparative analysis underscores the interplay of objective criteria and subjective notions of European identity in the EU enlargement process.