Hartanto, Michael Demetrius (2018) Analisis hukum mengenai klausul penolakan manfaat dalam perjanjian investasi internasional dalam melindungi Indonesia dari perusahaan tempurung = legal analysis on the denial of benefits clause in international investment agreement in protecting Indonesia from mailbox companies. Bachelor thesis, Universitas Pelita Harapan.
Full text not available from this repository.Abstract
In general, mailbox companies may seem normal just like other investment
companies. However, the distinction between the two is that mailbox companies do
not have real business activities. Inevitably, this company may fall within the
definition of an investor within the international investment agreements. This
implies that mailbox companies can be protected and further obtain the benefits of
the treaty. With the existence of the denial of benefits clause, Indonesia has the right
invoke its rights to deny the treaty benefits to investors who do not have substantial
business activities in the territory of Indonesia and are owned or controlled by
foreign nationals. This clause, nevertheless, has not yet been included in
Indonesia’s bilateral investment treaty. Accordingly, this analysis will further
discuss on the protection provided by this clause as well as the measures that
Indonesia can take to improve its protection in its international investment treaties.
This Thesis will employ normative legal research by applying the comparative and
case analysis approaches. Based on the analysis, Indonesia needs to incorporate the
denial of benefits clause into its international investment agreements that can be
formulated either as discretionary or automatic. The automatic formulation of
denial of benefits clause is deemed to be the most effective measure in preventing
investors to make use of the treaty benefits in an abusive way. In light of this, such
clause has a decisive role for Indonesia as the Host State not to accord the treaty
benefits to investors who fail to satisfy the criterions of the clause and shall further
be included into all Indonesia’s international investment agreements.
Item Type: | Thesis (Bachelor) |
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Creators: | Creators NIM Email ORCID Hartanto, Michael Demetrius NIM00000016097 UNSPECIFIED UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Dian, Parluhutan NIDN0316107902 UNSPECIFIED |
Additional Information: | SK 51-15 HAR a; 31001000232117 |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Law |
Depositing User: | Samuel Noya |
Date Deposited: | 02 Jun 2021 03:52 |
Last Modified: | 02 Jun 2021 04:02 |
URI: | http://repository.uph.edu/id/eprint/36939 |