EKSEKUSI TERHADAP ASET BANK ASING YANG BERADA DI LUAR NEGERI TERHADAP BANK ASING YANG TERLIKUIDASI DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 35-52
Author(s):  
Dina Salsabila Heniasari ◽  
Lanni Agustin ◽  
Priskila Lambasa Septuagesima Siregar
Keyword(s):  
European Union ◽  
Reference Materials ◽  
Deposit Insurance ◽  
International Agreements ◽  
Foreign Bank ◽  
Foreign Banks ◽  
The European Union ◽  
Legal Research ◽  
Library Research ◽  
Branch Office

Not all customer deposits will be guaranteed by the Deposit Insurance Corporation, meaning that customer deposits are only guaranteed by the Deposit Insurance Corporation for Rp. 2,000,000,000.00 (two billion rupiah). The establishment of the Deposit Insurance Corporation must basically be able to protect customer funds. This research aims to determine the process of accountability of returning customer deposits of liquidated foreign banks in Indonesia and the execution of assets of foreign banks in the context of returning customer deposits in Indonesia. The research used is legal research that analyzes library research, by analyzing through legislation, literature, and other reference materials related to the regulation of Foreign Banks. The results of this research explain that. With the existence of the Deposit Insurance Agency, if the foreign bank is liquidated, the institution will replace customer deposits and complete the liquidation process. When the liquidation process of the assets of the foreign bank branch office is insufficient, bank assets abroad will be executed if the head office does not want to be responsible for the obligations of its branch office in Indonesia by completing it at the ICSID convention arbitration body (International Center for Settlement of Investment Disputes). Actually in taking assets abroad in the case of execution of assets that are overseas can be done if there are international agreements such as those carried out by the European Union by making an agreement on the European union convention on insolvency proccedings, this will facilitate the taking of assets in overseas

scholarly journals Joint bodies in the European Union's international agreements: Delegating powers to the European Commission in EU external relations

2021 ◽  
pp. 146511652110273
Author(s):  
Markus Gastinger ◽  
Andreas Dür
Keyword(s):  
European Union ◽  
European Commission ◽  
Empirical Support ◽  
International Agreements ◽  
Principal Agent ◽  
The European Union ◽  
Original Dataset ◽  
Voting Rule ◽  
External Relations ◽  
Set Up

In many international agreements, the European Union sets up joint bodies such as ‘association councils’ or ‘joint committees’. These institutions bring together European Union and third-country officials for agreement implementation. To date, we know surprisingly little about how much discretion the European Commission enjoys in them. Drawing on a principal–agent framework, we hypothesise that the complexity of agreements, the voting rule, conflict within the Council, and agency losses can explain Commission discretion in these institutions. Drawing on an original dataset covering nearly 300 such joint bodies set up by the European Union since 1992, we find robust empirical support for all expectations except for the agency loss thesis. Our findings suggest that the European Commission is the primary actor in the implementation of many of the European Union's international agreements, allowing it to influence EU external relations beyond what is currently acknowledged in the literature.

scholarly journals Promoting EU values in international agreements

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
JANČÍKOVÁ Eva ◽  
PÁSZTOROVÁ Janka
Keyword(s):  
European Union ◽  
Industrial Relations ◽  
International Agreements ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
New Model ◽  
Trade Relations ◽  
The Right ◽  
High Level

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations andenvironment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

Of Apples and Mangoes

2018 ◽  
pp. 3-20
Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz
Keyword(s):  
European Union ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
The One

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

Mixed Agreements: The EU Law Fundamentals

2018 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
European Union ◽  
Case Law ◽  
International Agreements ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Basic Characteristics ◽  
Mixed Agreements ◽  
The Eu

Whatever terminology one might wish to employ to describe the form of integration constituted by the European Union and its Member States, one fundamental attribute of that arrangement has always been the division, as between the Union and its Member States, of competence to conclude international agreements with other subjects of international law. Today, the fact that treaty-making competence—as an external facet of the more general division of legal authority—is divided and, to some extent, shared between the Union and its Member States is reflected by some of the opening provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. Notwithstanding the changes to the scope and nature of the powers conferred upon the Union, resulting from both changes to primary law and the evolution of the case law of the Court of Justice of the European Union (CJEU), the basic characteristics of the conferment as an attribution of a limited kind has always been the same; there has always existed a polity endowed with a treaty-making authority divided between and, indeed, shared by, the Union and its Member States. In the early 1960s mixed agreements—that is, agreements to which the European Union

The Oxford Guide to Treaties

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Reference Point ◽  
International Agreements ◽  
International Agreement ◽  
The European Union ◽  
Trade Relations ◽  
Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

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