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Since the World Health Organization (WHO) announced its pandemic status on 11 March 2020, Coronavirus Disease 2019 (Covid-19) has become a major challenge that must be addressed and resolved by all countries in the world. The rapid spread and distributed of this virus has led to the death of a large number of infected victims. On the other hand, the impact caused by Covid-19 is like a domino effect that not only attacks one sector but almost all sectors related to the needs of humanity around the world.

Responding to the situation, the Base for International Law and ASEAN Legal Studies (BILALS) in collaboration with Faculty of Law, Universitas Islam Indonesia (UII) held an online seminar on “New Global Governance System Post-Covid-19 Pandemic” on Thursday, 14 May 2020. The seminar also invited speakers from different countries, including Dr. Da Lu (China), Cristopher Cason JD (United States), Dodik Setiawan Nur Heriyanto S.H., M.H., LL.M., Ph.D., Gemilang Nur Mahardika S.H., LL.M., and Yaries Mahardika Putro S.H. (Indonesia). The seminar, moderated by Haekal Al Asyari S.H, opened with remarks made by Dodik, as Director of BILALS. In his remarks, he said, “These conditions should not prevent us from continuing to learn and spreading benefits the community, and hopefully this seminar can bring new knowledge and experience to the wider community,” Dodik said.

As the first speaker, Dr. Da Lu presented the theme of the presentation in the form of “Chinese Perspective: Timeline of the Pandemic and WHO Communication during Post-Covid-19.” In his presentation, he explained the development of Covid-19 in China, particularly in Wuhan, where he lived. ‘Beginning on January 23, 2020, Wuhan officially adopted a lock-down policy for its citizens. This policy was adopted to break the chain of distribution of Covid-19 in Wuhan. However, the implementation of this policy has an impact on the cessation of the economic wheels in Wuhan during the lock-down period and also, from the point of view of the Constitutional, the implementation of the state of emergency is often a half-way point”.

With the spread of Covid-19 to all countries around the world, not a few countries around the world are trying to hold China liable for this situation. Such as the United States, a few time ago, the United States openly asked for compensation for the losses suffered as a result of the Covid-19 outbreak in the country. However, it is undeniably true that this stance is more politicized than the legal facts that arise. “The stance of the U.S. government is nothing more than a political stance, and if the law is examined, the evidence will not be found,” said Christopher Cason.

In addition, on the international trade issue, Covid-19 has an impact on international trade transactions and global investment. Restrictions and even the closure of the territory of a country have almost stopped the transaction process in these two sectors. Therefore, in order to overcome this, Gemilang suggested that “it is very necessary to take a firm stance in a situation like this. There are only two options available in this situation, that is, to keep implementing the international trade law regime with all its limitations or to create a new legal regime in the field of international trade in order to adapt to current conditions”.

 

As a next speaker, Yaries stated that “With the large number of infected and dead victims caused by the Covid-19 in Europe, the EU Government agreed to disburse large funds in order to prevent this case. The funds are allocated, among others, to the needs of medical equipment, support funds to Member States, funding of vaccine research and other activities to break the chain of spread of this virus in Europe, “said Yaries.

As a closing presentation, the Director of BILALS presented a presentation entitled “WHO Governance during Post-Covid-19.” He explained that “A health policy reform is needed at both the international and national levels from all aspects affected by Covid-19. Policy reforms include the imposition of sanctions, punishment and rewards for each party in order to improve compliance with the policy, increase collaboration and cooperation to prevent incidents such as this, and increase the transparency of information provided by the WHO to all its Member States so that the country’s alertness process in dealing with the similar cases may be as high as possible.’

A total of 453 registered participants came from different regions of Indonesia and abroad with different professional backgrounds, such as students, lecturers, academics, civil servants, judges, notaries and lawyers.

Undergraduate Study Program of Law, Faculty of Law, Universitas Islam Indonesia invites the university/academic community to an international seminar to be held as follows:

Topic: International Law within Domestic Legal Systems: Diverse Approaches
Date: Monday, 22nd April 2019 (time: 08.00 AM – 12.30 PM)

Place: Ruang Sidang Utama (Main Meeting Room, 3rd Floor, Law Faculty UII)

Speakers:

  1. Professor Dr. Sefriani, S.H., M.Hum. (Professor of International Law, UII)
  2. Professor Dr. Ni’matul Huda, S.H., M.Hum. (Professor of Constitutional Law, UII)
  3. Professor Farid Sufian Shuaib, LL.B., LL.M., PhD. (Dean and Professor of Constitutional Law, AIKOL, IIUM, Malaysia)
  4. Dr. Csaba Gondola (Legal Adviser, to the Deputy Minister of the Hungarian Prime Minister Office, Hungary)
  5. Christopher Cason, J.D. (University of Washington)

Moderator:
Dodik Setiawan Nur Heriyanto, S.H., M.H., L.LM., Ph.D.

To joint this seminar, please register via this link

Contact Person: Yaries (+6287865100588)

 

 

 

Applications for the 2019 International Law Fellowship Programme are currently being accepted. The deadline for applications is 20 February 2019.

Introduction

The United Nations International Law Fellowship Programme is organized by the Codification Division of the United Nations Office of Legal Affairs.

Objectives
The Fellowship Programme provides high-quality training by prominent international law scholars and practitioners on a broad range of core topics of international law. In addition, the interactive nature of the training allows the participants to share experiences and exchange ideas, which promotes greater understanding and cooperation on contemporary issues of international law.

The Fellowship Programme is intended to enable qualified professionals, in particular government officials and teachers of international law from developing countries and countries with emerging economies, to deepen their knowledge of international law and of the legal work of the United Nations.

The Fellowship Programme accommodates up to 21 participants.

The Programme
The Fellowship Programme consists of an annual six-week summer course at the Peace Palace in The Hague, the Netherlands. The participants attend lectures and seminars in international law organized by the Codification Division as well as the public international law session at The Hague Academy of International Law.

The lectures and seminars organized by the Codification Division are given by prominent international law scholars and practitioners from different regions and legal systems.

The Fellowship Programme is conducted in English or French. The 2019 Programme will be conducted in English.

Background
The United Nations International Law Fellowship Programme is conducted under the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, established by General Assembly resolution 2099 (XX) of 20 December 1965 and most recently mandated by General Assembly resolution 73/201 of 20 December 2018.

2019 Fellowship Programme

The 2019 Fellowship Programme will be held at the Peace Palace in The Hague, the Netherlands, from 1 July to 9 August 2019. It will be conducted in English.

The topics that will be covered in the seminars and lectures organized by the Codification Division may include:

International law
Treaty law
State responsibility
International peace and security
Peaceful settlement of international disputes
Diplomatic and consular law
International organizations
United Nations institutions and law making
The work of the International Law Commission
International human rights law
International humanitarian law
International criminal law
International environmental law
Law of the sea
International trade law
International investment law
Legal research
Legislative drafting
For further information on the topics covered by the public international law session at The Hague Academy, see the website of the Academy.

More information and the application system, click here.

 

Prof. Dr. Sefriani, S.H., M. Hum. inaugurated as Professor of International Law at the UII Senate Open Session, at the Auditorium Prof. Dr. Abdulkahar Mudzakkir, Saturday (1/12). Prof. Sefriani delivered a scientific speech entitled Earthing and Utilizing International Law: the BIT model for Indonesia.

In her speech, Prof. Sefriani said that the international legal product that should receive extra attention and provide benefits for all Indonesian people is the Bilateral Investment Treaty (BIT).

According to her, so far it has been realized that BIT is an asymmetrical agreement, not balanced in regulating rights and obligations between capital exporting countries which are generally developed countries with capital importing countries which are generally developing and underdeveloped countries. Both of these groups have different interests.

Prof. explained Sefriani, for exporting countries capital BIT is a protective instrument of all risks as well as political and legal uncertainty in the importing country. Therefore the classic BIT always contains the investor protection clause complete with a dispute settlement mechanism which is commonly referred to as the Investor-State Dispute Settlement (ISDS). Where foreign investors can directly bring the case to the arbitration panel.

“This panel has the authority to decide the loss that must be paid by the host if it finds a violation of the protection clause guaranteed by the BIT,” said Prof. Sefriani who is the 16th Professor at UII.

She added, as for the capital importing country, the existence of BIT is an instrument to attract investment in her country. Dependence on foreign investment makes the capital importing countries including Indonesia.

In her speech, Sefriani conveyed several recommendations for the Indonesian BIT model. First Protection of investment and liberalization must not sacrifice the interests of the state in making policies in the public interest. Second, the new BIT should guarantee the absence of a denial of justice for investors.

Furthermore, the third, the new BIT should revise the definitions of terms such as investment, Fair and Equitable Treatment (FET), expropriation that has been provided with a very open and open opportunity to be interpreted very broadly. Fourth, the new BIT should contain the obligation clause of foreign investors, not just the obligations of Indonesia as the host.

“Fifth, the dispute resolution mechanism in the new BIT should with certain conditions such as consent in writing and must be carried out through a separate agreement (SWA). Sixth, the possibility of establishing a new Investor-State Dispute Settlement (ISDS) in addition to the International Settlement Investment Dispute (ICSID) and UNCITRAL, ” she explained.

Prof. Sefriani said, as acknowledged by the Investment Coordinating Board (BKPM), was one of the causes of the Indonesia-foreign investor dispute at the ISDS forum because of a lack of understanding of the obligations arising from BIT in various executive, legislative and judicial elements at the central and regional levels.

Therefore, it is very important to ground international law on this beloved Indonesia, so that Indonesia can use international law for foreign parties for the benefit of Indonesia. “It’s not the time for Indonesia to only be an object, where foreign parties use international law for Indonesia for their interests,” said Prof. Sefriani.

The Indonesian Islamic University (UII) together with the University of Muhammadiyah Yogyakarta (UMY), Nahdlatul Ulama University (UNU) Yogyakarta, Universitas Aisyiyah (UNISA) Yogyakarta and the University of Alma Ata (UAA) voiced their opinions on Chinese Uighurs which have become international talks.

The five Islamic Universities in Yogyakarta assessed that the Chinese Government’s policy in Xinjiang in the form of a Strike Hard Against Violent Terrorism Campaign by establishing a political education camp has led to discriminatory actions and violence against ethnic Uighurs. The statement was delivered at the UII Campus, Jl. Cik Di Tiro No.1 Yogyakarta, on Saturday (12/22).

Present at the presentation of the statement of the Rector of UMY, Dr. Ir. Gunawan Budiyanto, M.P., UAA Chancellor, Prof. Dr. Hamam Hadi, MS., Sc.D., Sp.GK., Chancellor of UNISA, Warsiti, S.Kp., M.Kep., Sp.Mat and Chancellor of UII, Fathul Wahid, ST, M.Sc., Ph. D. who in this meeting read the manuscript statement before the media crew. In addition, from UII also appeared present the Director of Pusham, Eko Riyadi, S.H., M.H., and the Deputy Chancellors.

The first point in the statement, urged the United Nations organs, especially the Human Rights Council, to use the Special Procedure mechanism by appointing Independent Experts to conduct research and investigation (if needed), to collect all information regarding alleged discrimination and systematic violence carried out by the Government China against ethnic Uighurs.

Second, urging the Committee on the Elimination of Racial Discrimination to continue its recommendations with effective actions in the form of Early Warning and Emergency Response Efforts by sending Ad Hoc Teams to carry out research and investigations regarding alleged discrimination and systematic violence carried out by the Chinese government against ethnic Uighurs.

Third, to encourage the Indonesian government, through the Minister of Foreign Affairs to send a clarification note on various developing reports relating to allegations of discrimination against ethnic Uighurs while sending messages of Indonesian public concern regarding the situation of the Uighur ethnic group.

The next statement invites all Indonesian people to jointly demonstrate solidarity by gathering resources in any form to help ease the burden of ethnic Uighurs, especially those in refugee camps. Finally, inviting all Indonesian people to respond to this problem critically, while still promoting the spirit of respect for human values.

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