Fitri Novia Heriani, Andin Aditya Rahman
With ASEAN Economic Community (AEC) effectively coming into force in 2015, the dispute mechanism and venue apparently have not been resolved.
“As of today, it is unclear which mechanism will be used, and whether or not a newly established dispute resolution institution will exist” said Hikmahanto Juwana, a law professor at Universitas Indonesia.
He is in view that establishing a new dispute resolution institution for AEC is unnecessary. As states of South-east Asia, is more prudent in prioritizing a consensus agreement to resolve trade disputes.
“We must promote consensus,” Hikmahanto said to Hukumonline in an interview, Sunday (2/6).
Hikmahanto’s argument was supported by Airlangga Hartarto, Chairman of Commission VI at the House of Representatives. Hartarto said that the International Court of Arbitration will be sufficient to settle trade disputes between member states.
Hartarto further explained that AEC will only ease trade and economic freedom aspects. Whereas the sovereignty of each states are still attained. If a new institution is established it will lessen Indonesia’s sovereignty.
“We remain to be sovereign, unlike the European Union,” stated Hartarto.
The Government affirmed that ASEAN will not form a new dispute resolution venue. Bayu Krisnamurthi, Deputy Minister of Trade, explained that international arbitration remains a viable venue to resolve conflicts under the AEC framework.
“If there are disputes, it will be brought to an international arbitration,” he concluded.
(hot/ds)
Fitri Novia Heriani, Andin Aditya Rahman
With ASEAN Economic Community (AEC) effectively coming into force in 2015, the dispute mechanism and venue apparently have not been resolved.
“As of today, it is unclear which mechanism will be used, and whether or not a newly established dispute resolution institution will exist” said Hikmahanto Juwana, a law professor at Universitas Indonesia.
He is in view that establishing a new dispute resolution institution for AEC is unnecessary. As states of South-east Asia, is more prudent in prioritizing a consensus agreement to resolve trade disputes.
“We must promote consensus,” Hikmahanto said to Hukumonline in an interview, Sunday (2/6).
Hikmahanto’s argument was supported by Airlangga Hartarto, Chairman of Commission VI at the House of Representatives. Hartarto said that the International Court of Arbitration will be sufficient to settle trade disputes between member states.
Hartarto further explained that AEC will only ease trade and economic freedom aspects. Whereas the sovereignty of each states are still attained. If a new institution is established it will lessen Indonesia’s sovereignty.
“We remain to be sovereign, unlike the European Union,” stated Hartarto.
The Government affirmed that ASEAN will not form a new dispute resolution venue. Bayu Krisnamurthi, Deputy Minister of Trade, explained that international arbitration remains a viable venue to resolve conflicts under the AEC framework.
“If there are disputes, it will be brought to an international arbitration,” he concluded.
(hot/ds)