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Twenty Years of the Constitutional Court of Indonesia
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
Reflecting and Building on the Work of John Witte, Jr.
Across four decades, John Witte, Jr. has advanced the study of law and religion by retrieving religious sources of law, renewing timeless teachings of religion for today, and reengaging with the difficult issues confronting society. Interdisciplinary, international, and interfaith in scope, Witte’s work has generated an enormous body of scholarship. This collection of essays by leading scholars examines his impact and maps new directions for future exploration.
This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law?

"This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism."
Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)
“In the face of such ‘unspeakable truths,’ wouldn’t it be better to simply, quietly bow down?” (Kora Andrieu: Sorry for the Genocide, 2009). This book takes an interdisciplinary approach to the question of colonial crimes. In order to reconcile with massive systemic injustice, not only the historical foundations and legal questions are relevant, but also political viewpoints and peace ethics. The book demonstrates that, in the face of extreme violence, even genocide, a political apology can be an effective tool for conflict transformation, even when the injustice is far in the past.

Abstract

An inevitable consequence of technological advancement is that it triggers regulatory challenges for law and policymakers. The regulation of digital assets has generated much debate in this regard. The central objective of this article is to examine the regulation of one particular type of digital asset, NFTs, through an international investment law lens. The international investment regime offers investors high levels of protection against breaches of obligations by host states for covered investments. The aim of the article is to determine whether NFTs can be considered as covered investments for the purposes of the application of bilateral investment treaties (BITs) and treaties with investment provisions (TIPs), and further to examine whether that regime would provide an appropriate regulatory framework for investment in NFTs.

Open Access
In: The Journal of World Investment & Trade

Abstract

The Indonesian Government is attracting foreign investment in infrastructure to support equitable development by simplifying the bureaucratic process for business licensing through Online Single Submission (oss). However, from the oss introduction in 2018, it has not yet transformed Indonesia’s investment climate. This paper consists of a normative legal study which uses a statutory, conceptual, and comparative approach with Canada and New Zealand to identify the oss policy disharmony that negatively impacts the investment climate in the Indonesian infrastructure. The results showed a need to reconstruct systems and policies based on the Government Regulation of the Republic of Indonesia Number 24 of 2018 concerning Online Integrated Business Licensing Services and the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation to accelerate and increase investment in the era of the fourth industrial revolution.

Open Access
In: European Journal of Comparative Law and Governance
This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.
In: The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On
In: The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On