Problems of Harmonization on The Post-Establishment of Omnibus Law on Job Creation

The government has issued Law Number 11 Year 2020 concerning Job Creation (UUCK) on November 2, 2020. Through this law, around 1,200 articles in eighty laws are simplified into one law that regulates the provisions of the replaced laws. The model of simplifying regulations by combining various laws into a law is called the Omnibus Law. The establishment of the UUCK was a form of simplification of regulations related to the job creation process. The statement of the problem of this research is how to harmonize subordinate regulations into law, which was previously an implementing regulation from a law into a law. The research method used is normative juridical which is descriptive analysis. Law No. 12 Year 2011 as amended by Law No. 15 Year 2019 concerning the Establishment of Laws and Regulations states that harmonization was still in the draft stage. Therefore, no provisions govern the harmonization of regulations in force. If there are overlapped regulations both vertically and horizontally under the law, the settlement mechanism is done through the judiciary, namely the Supreme Court. This research concludes that the settlement of the disharmony regulation is resolved through executive review or analysis and evaluation.

Towards Deeper Judicialisation: Explaining Thailand’s Increasing Engagement with International Adjudication

This paper calls attention to a little-noticed phenomenon about the Thai government’s increasing involvement in international adjudication over the last two decades. For the first time, it has participated in the advisory proceedings before the ITLOS, and made oral statements in the advisory proceedings before the ICJ. It has faced the first treaty-based arbitration by a German investor. There has also been an attempt to initiate the proceedings at the International Criminal Court against Thai officials. All of these parallel the government’s extensive participation in the dispute settlement mechanism of the WTO. What accounts for such developments? The paper argues that Thailand’s constantly increasing engagement with international adjudication should be understood as part of the judicialisation of international relations. Specifically, it is shaped by four main conditions. First, the Thai government has cautiously yet constantly expanded its acceptance of jurisdiction of courts and tribunals. Second, the number of potential claimants has exponentially increased. Third, the composition of the international litigator communities has changed, resulting in the significant increase in the number of lawyers willing to pursue new cases. Fourth, Thai government officials are learning to strategically make themselves more visible in the litigator communities.

Improvements in deviation settlement mechanism of Indian electricity grid system through demand response management

This paper proposes the improvements in deviation settlement mechanism of Indian electricity grid system through demand response management (DRM) with the objective to minimize real-time under-injection/over-drawl or maximize real-time over-injection/under-drawl with respect to scheduled injection/drawl such that the deviation settlement charge (DSC) is minimum, subject to the network power flow equations, transmission line capability constraints, DRM constraints and bounds on variables. The mechanism to settle the unscheduled transactions, commonly named as deviation settlement mechanism (DSM), has been implemented to achieve grid frequency stability by imposing penalties and paying incentives, also known as DSC, for over- and under-drawls from the scheduled transactions. In this paper, the improvements in DSM have been solved as an optimization problem to minimize the DSC for a time period of 96 time-blocks (each of 15 min duration). The proposed improvement in DSM has been tested on modified IEEE 9-Bus system. It has been assumed that the generators installed at bus numbers 1, 2 and 3 are the central generating stations, which are monitored and controlled by the regional load dispatch center (RLDC). The simulation results are obtained (with varying percentages of shifting and different participating patterns of prosumers) for which the remarkable benefits of the proposed improvement in DSM (in terms of DSC minimization and improvement in the voltage profile and power flow) have been presented.

Diffusion and Decentralized Bargaining in International Organizations: Evidence from Mercosur's Dispute Settlement Mechanism

How and with what effects do institutions diffuse between international organizations (IOs)? An emerging literature extends a key insight of the study of diffusion processes among states to the international level, establishing that the adoption of institutions in IOs is regularly conditioned by the choices of other IOs. Yet, this literature neglects a key contextual difference between the two settings: unlike in the hierarchically structured organizations that have dominated the literature on diffusion, institutional creation, and change in IOs are the result of decentralized bargaining among sovereign governments. This paper develops a heuristic model that shows how diffusion between IOs shapes decision-making within them through its impact on the institutional preferences of individual governments. The model establishes that, unlike in diffusion processes among states, convergence is an unlikely outcome of diffusion between IOs. By implication, studies that take institutional convergence as their starting point are likely to underestimate the pervasiveness of diffusion effects. I demonstrate these arguments with a case study of the establishment of a regional dispute settlement system in Mercosur, a regional organization in Latin America.

Towards International Mechanisms for Resolving Investment Disputes in Qatar

In addition to possessing one of the largest proven gas reserves worldwide, Qatar benefits from a strategic location between the East and West, forming an attractive destination for foreign direct investments. Law No. 1/2019 regulating non-Qatari capital investments provides investors with greater political and social stability along with a full range of benefits. The most significant among these benefits is the freedom offered by the legislator to resolve any dispute by choosing any type of settlement dispute. Hence, Article 16 of Law No. 1/2019 states that ‘unless it is a labour dispute, the non-Qatari Investor may agree to settle any dispute between them and others through arbitration or any other means of settling disputes in accordance with the law’. This article will discuss and analyse the other means of dispute settlement mechanism compatible with Qatar, especially when online dispute resolution has become more significant in the era of COVID-19.

SOCIALIZATION OF STATE PROSECUTORS IN SOLVING CIVIL CASES OUTSIDE THE COURT IN THE WORKING AREA OF THE STATE PROSECUTORS OF CENTRAL ACEH

The socialization activity for the duties of the state attorney general in the Takengon area. It is base on observations and interviews conducted with the public and government institutions, which show a common understanding of the prosecutor's duties in representing the state regarding the settlement of cases outside the court in the civil sector. Considering the large number of civil cases currently going to court and requiring a long time to wait for a decision, the non-litigation method of resolving cases is a very efficient and effective alternative when viewed from the benefits obtained. The purpose of restoring state finances can realize. The solution offered by the Datun team in overcoming these problems is to carry out socialization activities on the duties and functions of state attorneys in the non-litigation settlement mechanism to the public and government institutions.

Reforms for culmination of the deadlock in appellate body of WTO: An agenda of saving the multilateral trading system

The World Trade Organization's (WTO’s) dispute settlement mechanism, known as the "pearl in the crown," is stalled due to United States (U.S.) obstruction, which prevents appellate body members from being ordained. This situation continues, and the WTO’s dispute settlement function is paralyzed since 2019. The WTO has faced a crisis in recent years, and the trade legislation has stagnated. The dispute settlement body was also blocked due to U.S. interference, which led to the failure of the appellate body’s members to be selected. The data has been gathered for this descriptive study using secondary research method, including different newspaper articles and the internet, which were outlined and noted. This paper presents and evaluates several existing proposals on how to get out of the impasse. This paper points out whether the existing WTO members can choose to join or not participate in establishing a new appellate body. On this basis, it makes its own relatively unique proposal, namely, to establish a substantial dispute settlement mechanism outside the WTO, parallel to the existing dispute settlement mechanism, and it demonstrates the legal feasibility of the proposal. Immediately, the states should begin negotiations on the significant agreements required for this new appellate body. It will effectively solve the deadlock in the dispute settlement mechanism caused by the United States, blocking the appointment of members of the appellate body.

Study on the Settlement Mechanism with Effect of Backfilling Method of an Underground Mine

The study on the subsidence of backfill mining block has been a concern of many scholars. A mechanical model of plate subsidence is established by studying the roof of a filling mining area in Luo Iron Mine in this paper. The boundary conditions are given, and the Navier method is used to solve the problem. Based on the thin plate model, the subsidence distribution map of the roof of the underground plate area is obtained. Based on the basic calculation parameters, the influence of a different foundation coefficient, mining depth, length-width ratio of plate area, elastic modulus of roof rock, and thickness of roof on the subsidence of roof is studied. According to the deflection calculation formula obtained, the expression of the internal force and stress is deduced, and the distribution of stress and shear stress on the upper and lower surfaces of the roof is analyzed. The dangerous area of the roof can be obtained, which provides a theoretical basis for the daily maintenance of mine safety.