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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Hukum dan Peradilan
Yordan Gunawan
Universitas Muhammadiyah Yogyakarta and Universitat Pompeu Fabra
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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WTO Trade War Resolution for Japan's Chemical Export Restrictions to South Korea Yordan Gunawan; M Fabian Akbar; Eva Ferrer Corral
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 3 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The research analyses the trade war between South Korea and Japan from the perspective of international law. The trade war involving South Korea and Japan was triggered by a decision by the Supreme Court of South Korea which ordered several Japanese companies to pay compensation to victims of Japanese forced labor during World War II. As a result, on July 1, 2019, Japan imposed restrictions on chemical exports to South Korea. South Korea accused Japan of violating international trade regulations concerning export restrictions. Therefore, South Korea took action by boycotting goods from Japan. The two countries resolved to remove each other from the whitelist of countries that obtain preferential trade status via their activities. The research method used is normative legal research with a case approach. The result shows that the trade war involving Japan and South Korea worsened bilateral relations. The World Trade Organization (WTO) carried out several mechanisms related to solving the problem, namely through consultation and conciliation involving the two countries, but it still needs to resolve the issue. It was also planned to establish a panel between South Korea and Japan by the WTO, but it has not been implemented until now and beyond the timeframe set by the WTO in establishing the Panel. Therefore, the study proposes that South Korea and Japan can initiate arbitration as a solution for another effort to resolve the problem because the arbitration mechanism obtains binding and final decisions.DOI: https://doi.org/10.22304/pjih.v9n3.a6
The Dark Side Of Fast Fashion: Examining The Exploitation Of Garment Workers In Bangladesh Yordan Gunawan; Anandiva Matahariza; Wiwit Kharisma Putri
Jurnal Hukum dan Peradilan Vol 12 No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.441-468

Abstract

There have been several attempts to decrease the usage of fast fashion, but no one has been able to stop its development. We are aware that fast fashion is a business model that imitates the most recent catwalk trends, has evolved into high fashion, is produced in large quantities, and is priced affordably. Fast fashion has come under fire from a wide range of people due to the fact that no worker receives the minimum wage, yet products must be mass-produced. In addition to examining the legal and regulatory framework for protecting Bangladesh garment industry workers to fulfill their rights as laborers and how these rights are applied, this article looks at the shadowy side of fast fashion in Bangladesh. This paper elaborates on Bangladesh's experience in managing the situation of a garment industry building that collapsed in 2013, killing hundreds of people inside, using a normative analysis-oriented approach. This study demonstrates that Bangladesh's legal and regulatory framework for worker protection has yet to explicitly state what rights workers are entitled to. Another factor is that Bangladesh does not yet have a robust and consistent practice of human rights-based instruments considered in court and that law enforcement does not fully grasp how to execute these rights. At the same time, it is crucial to improve law enforcement interpretation for worker-focused solutions, giving their rights, and promoting human rights practices in Bangladesh.
Co-Authors Anandiva Matahariza Eva Ferrer Corral M Fabian Akbar Wiwit Kharisma Putri