Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Interplay Between National Interest and Trade Commitment under Indonesian Law

Author(s): Prita Amalia, Garry Gumelar Pratama

 This article analyses the under-explored phenomenon of "national interest" as the justification of Indonesian unilateral exit from international trade agreements. Although the national interest is very common as the basis for denunciation or withdrawal from treaties, the term is not a legal term; it is political. This article seeks upon new theoretical and empirical basis to interpret the national interest from political to legal matters. This is necessary to provide Indonesia a firm basis for justifying its treaty exit. It examines the national interest based on international law context. Since, under the Law Number 7 of 2014, national interest operates in the area of treaty exit, it has to carry a meaning according to the context of international treaty law. In order to give insight and in-depth understanding of interplay between national interest and international obligation, an element of case study presents in this research. This research will review the decision of Indonesian Constitutional Court No. 13/PUU-XVI/2018 about judicial review of Indonesian law on treaty making.

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