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3 - The Impact of Investment Treaties on the Rule of Law in Indonesia

Published online by Cambridge University Press:  29 September 2022

By
John Lumbantobing
Edited by
N. Jansen Calamita  and
Ayelet Berman
N. Jansen Calamita
Affiliation:
National University of Singapore
Ayelet Berman
Affiliation:
National University of Singapore
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Summary

This chapter examines the impact of investment treaties on the rule of law in Indonesia. The chapter looks at the question over time, focusing first on the evolution of the domestic regulatory regime governing foreign investment and the progression of investment treaties signed by Indonesia. Even though Indonesia has been faced with a number of investment treaty claims, there has been minimal internalisation of investment treaties in Indonesia. Informational internalisation measures have been implemented from time-to-time, but only in an ad hoc manner. Preventative and remedial measures have been virtually non-existent. Thus, investment treaty commitments continue to appear not to be taken into account in governmental decision making in Indonesia. Further, the chapter explores the reasons for this weak internalization.

Keywords

Investment TreatiesRule of LawInternalizationGovernanceIndonesia
Type
Chapter
Information
Investment Treaties and the Rule of Law Promise
An Examination of the Internalisation of International Commitments in Asia
 , pp. 67 - 95
Publisher: Cambridge University Press
Print publication year: 2022

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