Tobing, Sabrina Christabel Mayserafin
(2019)
Pengesampingan tuntutan dalam doktrin ‘clean hands’ untuk sengketa antara investor asing dan negara tuan rumah yang terkait isu korupsi = Waiver under the clean hands doctrine in investor-state dispute involving corruption.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
International investment, especially foreign direct investment, is an integral part of an international economic system that is open and effective in development. With the rise of the issue of disputes in international investment arbitration, there are many corruption issues that use the doctrine of "clean hands" to stop the arbitration jurisdiction to hear the dispute. If corruption from foreign investors involves participation from the authorities of the country where the investment is made, is the standard for neglect according to international investment law for the State related to corruption problems by foreign investors, in accordance with the doctrine of 'clean hands'. Through analysis, the doctrine of 'clean hands' by the Host Country will appear before the issue of neglect as a defense by foreign investors. These matters arise without regard to the existence of clauses "in accordance with the law" and corrupt accusations must be made in connection with the investment. Regarding the issue of neglect, first, for a State to override its claim, the act of corruption must be attributed to the Host Country. Second, it is seen whether the Host Country has ruled out the issue of corruption by foreign investors through actions or through sentences given verbally or in writing. For behavior, a country can override issues regarding corruption if it participates directly with the activity, or when it learns that foreign investors have committed acts of corruption but have not taken any action to enforce anti-corruption laws in accordance with the laws of their country. Meanwhile, to override the issue of corruption through oral and written sentences, the Host State must make a sentence that overrides it by looking at its intentions and contents. The author uses several approaches that can be used, namely the statute approach and case approach
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