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INDONESIA
Indonesian Journal of International Law
Published by Universitas Indonesia
ISSN : 16935594     EISSN : 23565527     DOI : https://doi.org/10.17304
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of international law in Indonesia and in the region. We welcome scholars and practitioners to contribute to IJIL in shaping the rule-based international community. IJIL offers current academic debates on the development of the field from the viewpoints of/or about Indonesia and other parts of Asia and the developing world at large. Each issue of IJIL accepts manuscripts on conceptual, theoretical, and practical topics published on a thematic basis. IJIL invites writers to their views that would strengthen the role and effectiveness of international law in an exploratory and non-descriptive style.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "Vol. 19, No. 1" : 2 Documents clear
The Dispute Settlement System of Investment in The ASEAN Comprehensive Investment Agreement (ACIA) Framework and The Implications for Indonesia Delfiyanti, Delfiyanti
Indonesian Journal of International Law Vol. 19, No. 1
Publisher : UI Scholars Hub

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Abstract

In order to implement the ASEAN single market on free flow of investment in the region, the delegations of ASEAN member states signed the ASEAN Comprehensive Investment Agreement (ACIA) on February 26th, 2009 in Cha-am, Thailand. Based on Article 1 (a) and Article 2 of the ACIA Agreement on the objectives of ACIA formation; the legal arrangements for foreign direct investment in this Agreement adhere to an investment regime—“a Free and Open Investment Regime” to achieve the ultimate purpose of economic integration in the ASEAN Economic Community. By implication of the Agreement, Indonesia should attempt to complement the investment legal arrangements in accordance with ACIA regulation. Based on analysis result of Act No. 25 of 2007 on Investment any several provisions are in line with the ACIA although any differences and improvement required. As regard the dispute settlement, both through the ACIA Agreement and the Indonesian Investment Law, there are 2 mechanism channels, the non-legal route (conciliation/negotiation) and the legal (court/arbitration). The option of dispute settlement by the mechanism depends on the concerned parties. Obviously, both of them regulate the legal protection for investors and national security where they belong.
Ensuring the Right of the Child in the Boko Haram Insurgency: The Province of UNICEF’s Complementary Mandate Under International Law Adegbite, Olusola Babatunde
Indonesian Journal of International Law Vol. 19, No. 1
Publisher : UI Scholars Hub

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Abstract

The need to manage conflict-related humanitarian conditions is the basis of intervention by international humanitarian organizations. Chief amongst these agencies is the United Nations International Children’s Emergency Fund (UNICEF), whose work is primarily about protecting children in armed conflicts. This agency has maintained a robust response to the humanitarian crisis in the Boko Haram insurgency, though its effort has not been without controversies. In 2018, it was suspended by the Nigerian Military on the allegation that it was working for the enemy side, an action which attracted widespread condemnation, as it was seen as an attempt by the government to give the agency a bad name. This has again thrown up the question of whether agencies such as UNICEF have the mandate ascribed to them under international law, and whether countries such as Nigeria, having signed up to this mandate, could refuse to live up to their international obligation. This article examines the framework of humanitarian intervention by UNICEF under international law, and what Nigeria’s role ought to be in this respect. It makes the argument that UNICEF’s intervention in the insurgency is not that of a meddlesome interloper, but part of an international legal framework for the protection of children’s rights in armed conflicts, which Nigeria has signed to, and which it must fulfil. Supporting UNICEF is in the best interest of the country, but doing otherwise could be inimical not just to the wellbeing of children in the insurgency, but also the country’s commitments under international law.

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