Journal of Cultural Relativism (JCR)
Vol. 1 No. 01 (2024): Journal of Cultural Relativism (JCR)

Penyelesaian Sengketa terhadap Bilateral Investment Treaty (BIT) antara Home State dengan Host State

Mochammad Fikhran Noer Alimuddin (Unknown)



Article Info

Publish Date
18 May 2024

Abstract

Political and economic instability in host countries often trigger disputes in foreign investments due to policy shifts, environmental regulations, and human rights issues, straining relations between home and Host States. This study scrutinizes Bilateral Investment Treaties (BIT) provisions on dispute resolution, assessing common sources of contention and examining dispute resolution cases to understand BIT mechanisms practically. It also evaluates Law No. 25 of 2007 on Capital Investment's role in resolving investment disputes in Indonesia, offering recommendations to enhance BIT dispute resolution for a more stable investment climate. Employing a normative juridical method and qualitative analysis, data was collected through literature reviews of laws, treaties, legal documents, and case studies. The findings highlight BIT dispute resolution aims to protect investor rights, mitigate legal uncertainties, and facilitate impartial resolution. Challenges persist in Law No. 25 of 2007 implementation, underscoring the need for transparency and legal certainty. Recommendations include increasing transparency, ensuring arbitrator independence, aligning with Sustainable Development Goals (SDGs), involving civil society, and harmonizing with national legal systems.

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Journal Info

Abbrev

jcr

Publisher

Subject

Education

Description

Journal of Cultural Relativism (JCR) E-ISSN 3063-1483 is a blind peer-reviewed journal published by Edujavare Publishing, Indonesia. This journal publishes research articles, conceptual articles, field study reports and book reviews on all scopes Education, Multiculturalism, Inclusive and equal ...