scholarly journals KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK)

2017 ◽  
Vol 1 (2) ◽  
pp. 572
Author(s):  
Hesti Dwi Astuti
Keyword(s):  
Dispute Settlement ◽  
Legal Culture ◽  
Operating Costs ◽  
Public Agency ◽  
Procedural Law ◽  
The World ◽  
Good Policy ◽  
Settlement Of Disputes ◽  
Bargaining Positions ◽  
Technical Guidance

Empowering costumers is a form of awareness on the specific characteristics in the world of costumers, the different interest among different parties which have various bargaining positions, has been given space in the field of costumer dispute settlement which is a good policy in empowering costumers. A special institution which has been appointed to resolve costumer disputes is the Costumer Dispute Settlement Agency (BPSK). Costumer Dispute Settlement Agency is an independent agency or institute, a public agency which has the duty and authority such as implementing the handling and settlement of disputes between costumers and businessmen. Based on the duties and authorities of BPSK, the costumer dispute settlement mechanisms should be registered to the nearest BPSK. The examination based on the request of the costumer is done just like proceedings in the General Court and the decision made by BPSK is final. However, during the implementation of their duties in settling costumer disputes, BPSK is facing some obstacles such as lack of technical guidance in regulating aspects related to procedural law, constrained by the human resources of BPSK members, the lack of understanding and awareness of costumers and also constrained by operating costs. Therefore, the improvement of the structure and legal culture needs to be done by socializing the costumer protection law to the public.Keywords : Costumer Dispute, Costumer Dispute Settlement Agency, Costumer Protection.

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

Mapping the Scope of Dispute Settlement in Regional Trade Agreements: Implications for the Multilateral Governance of Trade

2016 ◽  
Vol 15 (4) ◽  
pp. 563-585 ◽  
Author(s):  
MARC D. FROESE
Keyword(s):  
Dispute Settlement ◽  
Rapid Development ◽  
Trade Agreements ◽  
Regional Trade Agreements ◽  
Settlement System ◽  
Regional Trade ◽  
Accurate Picture ◽  
The World ◽  
Dispute Settlement System ◽  
Settlement Of Disputes

AbstractThis article argues that the inclusion of provisions for the settlement of disputes in regional trade agreements enhances, rather than disrupts, the centrality of the World Trade Organization's dispute settlement system. Using a dataset that organizes exclusion clauses and special provisions for dispute settlement in regional trade agreements, the study develops a thematic typology that is used to examine the ways that disputes may be channelled between regional and multilateral dispute settlement institutions. This comparative empirical dimension offers a more accurate picture of the global contours of regionalization as they relate to the juridical aspects of trade governance, suggesting that the decentralization of dispute settlement inferred by the rapid development of regional bodies has been overstated.

scholarly journals Ask for the Moon, Settle for the Stars: What is a Reasonable Period to Comply with WTO Awards?

2017 ◽  
Vol 16 (2) ◽  
pp. 395-425 ◽  
Author(s):  
PETROS C. MAVROIDIS ◽  
NIALL MEAGHER ◽  
THOMAS J. PRUSA ◽  
TATIANA YANGUAS
Keyword(s):  
World Trade Organization ◽  
Legal System ◽  
World Trade ◽  
Dispute Settlement ◽  
The Moon ◽  
Wto Dispute Settlement ◽  
The World ◽  
The Difference ◽  
Settlement Of Disputes

AbstractThe World Trade Organization (WTO) dispute settlement process allows a defending Member a ‘reasonable period of time’ (RPT) to implement any findings that its contested measures are inconsistent with WTO law. If agreement on this RPT cannot be reached, Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides for the possibility of arbitration on the length of the RPT. The DSU provides limited guidelines on the RPT, stating only that it should not normally exceed 15 months. In practice, Arbitrators have developed the standard that the RPT should reflect the shortest possible period under the domestic legal system of the defending Member to make the changes necessary to comply with the WTO rulings. Our research confirms that in practice Arbitrators have determined this period by ‘splitting the difference’ approximately between the periods suggested by the complaining and defending Member. In addition, the process appears to reward defending Members that request an RPT that exceeds the 15-month guideline in Article 21.3(c).

scholarly journals IMPLEMENTATION OF THE CABOTAGE PRINCIPLE ON GOOD GOVERNANCE AS THE WORLD MARITIME AXIS

2019 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Sudirman Sudirman
Keyword(s):  
Dispute Settlement ◽  
Good Governance ◽  
Social Engineering ◽  
Research Problem ◽  
Legal Culture ◽  
Is Implementation ◽  
Legal Structure ◽  
Positive Law ◽  
The World ◽  
World Maritime

<p>The research problem of this study is implementation of the Cabotage Principle in Indonesia in accordance with Law Number 17 of 2008 concerning Shipping has implications for Indonesia's positive law. The implementation of the Cabotage Principle is an integral part of the Archipelago Insight and is the basis for realizing Good Governance as the World Maritime Axis and will have positive implications if the Cabotage Principle is based on the Good Governance principles as the World Maritime Axis. The ideal implementation of the Cabotage Principle for the interests of Indonesia as the World Maritime Axis is determined by the synergy of three element of the legal system, namely the legal structure (structure of law), legal substance (substance of the law) and legal culture (legal culture). So that the Cabotage Principle as a Grundnorm can function properly, namely as social control, dispute settlement, and a tool of social engineering</p>

Penance, submission and deditio: religious influences on dispute settlement in later Anglo-Saxon England (871–1066)

2012 ◽  
Vol 41 ◽  
pp. 343-371
Author(s):  
Levi Roach
Keyword(s):  
Dispute Settlement ◽  
Legal Culture ◽  
Anglo Saxon ◽  
Central Idea ◽  
Regular Feature ◽  
Political Reconciliation ◽  
Religious Influences ◽  
The World ◽  
The Way

AbstractStarting with evidence from law-codes, this article traces how penance was increasingly integrated into later Anglo-Saxon legal culture, arguing that this process opened the way for ritualized acts of satisfaction to become a regular feature of contemporary dispute settlement. The rituals used in such contexts often borrowed symbols and concepts from the world of penance, with the central idea being that an offender who repented and humbled himself was worthy of pardon. A few detailed accounts of such settlements survive and to these we may add cases of restitution and political reconciliation, which witness a similar logic. Taken together, these suggest that the stark contrasts often drawn between English and continental (particularly German) disputing in these years are in need of some revision. Far from being ‘fiercely punitive’, later Anglo-Saxon justice was characterized by a complex mix of formalized punishments and more informal means of settlement, not unlike what is visible in the Ottonian Reich.

The New Dispute Settlement:From the GATT to the WTO

1995 ◽  
Vol 8 (1) ◽  
pp. 115-133 ◽  
Author(s):  
Amelia Porges
Keyword(s):  
United States ◽  
European Union ◽  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
The European Union ◽  
New Era ◽  
International Dispute ◽  
The World ◽  
Settlement Of Disputes

On 30 December 1994 in Geneva, the four major players in world trade -the United States, the European Union, Japan, andCanada - accepted the Agreement Establishing the World Trade Organization (WTO Agreement).The entry into force of the Agreement on 1 January 1995 brings both expanded and improved trade rules and greatly improved enforcement. We have entered a new era in international dispute settlement. This brief article discusses the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 of the WTO Agreement, the negotiating process that led to it, and the implementation of the Understanding in the United States.

Joint Competence of the European Community and its Member States and the Dispute Settlement Practice of the World Trade Organization

1999 ◽  
Vol 2 ◽  
pp. 61-85 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
World Trade Organization ◽  
European Community ◽  
World Trade ◽  
Dispute Settlement ◽  
Judicial System ◽  
Tokyo Round ◽  
Multilateral Trade ◽  
Wto Dispute Settlement ◽  
The World ◽  
Settlement Of Disputes

One of the principal achievements of the 1994 Agreement establishing the World Trade Organization was the new mechanism for dispute settlement, embodied in the Understanding on Rules and Procedures Governing the Settlement of Disputes. While its predecessor, the General Agreement on Tariffs and Trade of 1947 (and the 1979 Agreements resulting from the Tokyo Round of Multilateral Trade Negotiations) had already evolved, to a considerable degree, from a negotiating forum for the conduct of world trade diplomacy to a “judicial” system properly so called, the WTO Dispute Settlement Understanding nevertheless marked a decisive step forward.

scholarly journals Note: Understanding on Rules and Procedures Governing the Settlement of Disputes: A Developing Countries Perspective

2006 ◽  
Vol 11 (2) ◽  
pp. 169-188
Author(s):  
Somesh K. Mathur
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
The World ◽  
Settlement Of Disputes ◽  
Working Out ◽  
Economic Damages

This note discusses the workings of the Dispute Settlement Process (DSP) of the WTO, and the major problems concerning the implementation of decisions in the DSP. It provides some suggestions in order for the DSP to work for the benefit of all. It maintains that the ability to extend dispute settlement across agreements is one of the strengths of the World Trade Organization. The author concludes that substantial reform can be undertaken in the DSP if concerted efforts are made to quantify economic damages for working out the suspension of concessions.

Part II Commentaries to Typical Sofa Rules, 30 Settlement of Disputes

2018 ◽  
Author(s):  
Burkhardt Frank
Keyword(s):  
North Atlantic ◽  
Dispute Settlement ◽  
Common Interest ◽  
Peace Operations ◽  
Host State ◽  
The North ◽  
The World ◽  
The North Atlantic ◽  
World Organization ◽  
Settlement Of Disputes

This chapter looks at dispute settlement for multinational operations both within the United Nations and the North Atlantic Alliance. There is a strong common interest of participating parties to settle any possible dispute on the interpretation or application of status-of-forces agreements (SOFAs) at the lowest possible level. As no serious dispute on the interpretation or application of the UN Model SOFA and the NATO SOFA has occurred so far, it appears that negotiations between the UN and the Host State or Sending States and the Receiving State have been able to cope with any difficulties concerning SOFA application. SOFAs for UN peace operations are negotiated and concluded between the UN and the Host State without direct involvement of Troop-Contributing States. Any dispute concerning the interpretation or application of relevant SOFA provisions would not be one between States, but between the Host State and the world organization.

Joint Competence of the European Community and its Member States and the Dispute Settlement Practice of the World Trade Organization

1999 ◽  
Vol 2 ◽  
pp. 61-85 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
World Trade Organization ◽  
European Community ◽  
World Trade ◽  
Dispute Settlement ◽  
Judicial System ◽  
Tokyo Round ◽  
Multilateral Trade ◽  
Wto Dispute Settlement ◽  
The World ◽  
Settlement Of Disputes

One of the principal achievements of the 1994 Agreement establishing the World Trade Organization was the new mechanism for dispute settlement, embodied in the Understanding on Rules and Procedures Governing the Settlement of Disputes. While its predecessor, the General Agreement on Tariffs and Trade of 1947 (and the 1979 Agreements resulting from the Tokyo Round of Multilateral Trade Negotiations) had already evolved, to a considerable degree, from a negotiating forum for the conduct of world trade diplomacy to a “judicial” system properly so called, the WTO Dispute Settlement Understanding nevertheless marked a decisive step forward.

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