Working Papers

Protection of Traditional Cloth in the Concept of Intellectual Property Rights in ASEAN

Abstract This article aims to analyze how the protection of traditional cloth within the framework of Intellectual Property Rights in ASEAN. This is done to discover and find out the concepts of ASEAN countries on intellectual property rights and protection mechanisms for traditional cloth as a part of traditional cultural expression (As we know, every …

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Legal and Political History of the 1997 ASEAN Memorandum of Understanding on Sea Turtle Conservation and Protection

Abstract The 1997 ASEAN Memorandum of Understanding on Sea Turtle Conservation and Protection may be considered as one of the first ASEAN instruments for the protection of the marine environment. Nevertheless, there is less attention paid on the concluding history of the MOU. What prompted the formulation of the MOU? What was the first country …

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Experiences of Indonesian Domestic Courts in Invoking ASEAN Law Instruments

Abstract One of the challenges in promoting deeper ASEAN integration is the lack of the court’s involvement in invoking the ASEAN Law instruments. Compared to the European Union (EU), ASEAN does not have a court like the European Court of Justice. Therefore, the role of domestic courts in ASEAN Member States becomes essential to ensure …

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Bibliography on Investor-State Conciliation and Mediation

This annotated bibliography presents the most extensive literature review to date on investor-State conciliation and mediation, covering more than 90 sources. It is intended to serve as an introduction to investor-State conciliation and mediation, and as a snapshot of the major publications on this topic. The bibliography includes works that (1) provide the historical context …

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Digital Trade Integration in Preferential Trade Agreements

The growth of digital trade is dependant upon greater interconnectivity across borders. Several countries strive to achieve such interconnectivity and integration in digital trade through international trade agreements. Digital trade integration is a complex, multidimensional process that integrates regulatory structures/policy designs, digital technologies and business processes along the entire global/regional digital value chain. This paper …

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Between Participation and Capture in International Rule-Making: The WHO Framework of Engagement with Non-State Actors

Following demands for more democratic legitimacy and given the growing dependency of international organizations (IOs) on external information and resources, in the past decade and a half, IOs have opened up their rule-making to non-state actor (NSA) participation. In a broad sense, this participation trend tracks the 20th-century administrative law revolution in many democracies, whereby …

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The Trade – (Cyber)security Dilemma and Its Impact on Global Cybersecurity Governance

Governments are adopting various measures to address cybersecurity-related concerns. Some of these measures restrict cross-border flows of digital services/data, and thus inconsistent with obligations in trade agreements such as General Agreement on Trade in Services (‘GATS’). However, certain governments might argue that such measures are justified under the GATS security exception (art XIVbis) as they …

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Investment Treaties and Governance Project Concept Paper: An Investment Treaty Handbook for APEC Economies

This Concept Paper addresses some of the issues raised with respect to the development of an APEC Investment Treaty Handbook. The Paper proceeds as follows. Part 1 sets out the legal and governance challenges posed by investment treaties, giving rise to the need for a resource like the APEC Handbook. Part 2 addresses the policy …

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The Rise of Multistakeholder Global Governance

In the past two decades, multistakeholder partnerships have been on the rise. With the perceived failure of intergovernmental organisations to get things done, the international system has turned toward partnerships. Allowing for collaboration with private actors, they are increasingly seen as the governance model du jour. They’re praised for being democratically legitimate, thanks to their …

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Ultima Thule: Prospects for International Commercial Mediation

In this paper, the author will first consider the reasons for the low rates of successful international commercial mediations, and then begin to explore what it might take to encourage the international legal and business communities to embrace mediation for international commercial disputes. Lastly, the author will introduce and examine the new United Nations Convention …

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