Tsabitah, Tsany Ariqah
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UNDERSTANDING THE DIFFERENT APPROACHES OF INTERNATIONAL ARBITRATION GRAPPLED WITH CORRUPTION ISSUES Tsabitah, Tsany Ariqah
Transnational Business Law Journal Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v3i1.1369

Abstract

Corruption has been a challenge in most countries in the world and also internationally. Many cases of international contracts are procured or allegedly procured by corruption. International legal instruments nowadays try to combat this issue and the application further needs to be followed to the international arbitration for dispute resolution. The problem of corruption is more systematic, hard, and needs extra time to be sure. The next problem that has to be discussed in this article is the dispute resolution field in arbitration about the agreement or contracts allegedly procured by corruption. The implication of alleged corruption has broadly changed the arbitration proceeding and its capacity to adjudicate this issue. This article examines judicial-normative explains what approaches have been used and the development of facing the corruption issues in international arbitration and the effects on the proceeding finding the difference between investment to commercial arbitration from case to case.
Delimitation Issues of Internal Waters in Indonesia: Asserting Historic Title Under International Law Tsabitah, Tsany Ariqah; Oktivana, Davina
Greenation International Journal of Law and Social Sciences Vol. 4 No. 1 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (March - A
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i1.803

Abstract

Internal waters represent a vital maritime domain through which a State exercises sovereignty and ensures national security. However, their delimitation remains complex, particularly when intersecting with claims of historic title under international law. This study examines Indonesia’s authority, as an archipelagic State under Article 50 of the United Nations Convention on the Law of the Sea 1982, to designate Tomini Bay as a historic bay. Employing a normative legal method with a comparative approach, the research analyzes the legal framework governing internal waters, historic title, and relevant State practice. It further explores the legal implications of reclassifying Tomini Bay from archipelagic waters to internal waters. The findings highlight that such a designation requires strict adherence to customary international law criteria and may significantly affect sovereignty claims, navigational rights, and international recognition.