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All Journal Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat Hang Tuah Law Journal
Wisnu Aryo Dewanto
Universitas Surabaya
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Responsibility of Coastal States Against the Ship Crash in International Strait (Malacca Strait) Femmy Asdiana; Chomariyah; Wisnu Aryo Dewanto
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.115

Abstract

Malacca Strait is globally recognized as a strait for international shipping as mentioned in UNCLOS 1982 and is under the sovereignty of three states; Indonesia, Malaysia, and Singapore. Seeing the position of Malacca Strait that becomes the most crowded lane of international trade and oil, it often raises problems in navigation. In addition, many rocks, corals and strong waves may increase the potential of ship wrecking, sinking, and crashes. In regard to the safety issue of shipping lane in Malacca Strait, it becomes the responsibility of the coastal states and thus, they should organize an integrated safety management among them, particularly in Malacca Strait. They are Indonesia, Malaysia, and Singapore. The safety assurance of shipping in Malacca Strait may increase the global economy as international oil trading and distribution is wellconducted, and finally it may increase the economy of the coastal states in Malacca Strait.
ANALISIS YURIDIS TINDAKAN SEPIHAK PENGUBAHAN THRESHOLD DEVELOPMENT TAXONOMY NEGARA BERKEMBANG ANGGOTA WORLD TRADE ORGANIZATION OLEH UNITED STATES TRADE REPRESENTATIVE Kent Kurniawan Handi; Wisnu Aryo Dewanto
to-ra Vol. 6 No. 3 (2020): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

In its efforts to protect the national economy the power of a country is not unlimited. The state, as the holder of sovereignty, must comply with the provisions of international law. As a WTO member who also ratified the GATT, Enabling Clause, Marrakesh Agreement, and Doha Declaration, United States of America should have complied with, and implemented with full commitment, all the provisions governed in these agreements. On the basis of the order issued by President Donald Trump through a memo dated July 26, 2019, on February 10, 2020 USTR announced a new development taxonomy threshold that caused Indonesia and 22 other WTO member countries with Gross National Income per capita less than US $ 12,375.-, the threshold of the World Bank's high-income countries, to involuntarily lose their status as developing countries, which resulted in these countries being deprived access to WTO’s special and differential treatment provisions. The purpose of this paper is to conduct a juridical analysis on the unilateral action taken by USTR to alter the development taxonomy threshold of WTO’s developing country members examined from the concept of "graduation" and the various provisions stipulated in WTO agreements. Seen from the concept of "graduation" development taxonomy designed by USTR contains various weaknesses and was not based on transparent and data-driven methodology, this has caused some WTO developing country members to lose their status prematurely. This unilateral action taken by the USTR also contradicted various provisions stipulated in the GATT, Enabling Clause, Marrakesh Agreement, and Doha Declaration, and was not in accordance with the WTO's noble goal of advancing the economies of developing countries.
Co-Authors Chomariyah Femmy Asdiana Kent Kurniawan Handi