Browsing by Author "Bismo, Nunki Gardjito"

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Effectiveness of ASEAN Cooperation in Combating Terrorism in the Region
(Te Herenga Waka—Victoria University of Wellington, 2011) Bismo, Nunki Gardjito
Terrorism is not a new phenomenon in the Southeast Asian region but it was dealt at the domestic level. Since the Bali bombing in 2002, the perception has altered and it has been viewed as a regional problem. ASEAN has been active working together through consultations among its members and major powers. However, most of the responses on counter-terrorism are executed at the national level. The principles of absolute sovereignty and non-intervention, the United States’ strong presence in the region, and the interest of various domestics, have been hampering effective regional cooperation. In order for ASEAN not to be left behind, it is important to redefine ASEAN’s principles, policies and strategies in combating terrorism.
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Effectiveness of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
(Te Herenga Waka—Victoria University of Wellington, 2010) Bismo, Nunki Gardjito
Illegal, Unreported and Unregulated (IUU) fishing and its related activities are recognised as a global problem as they occur at cross-borders. The failure of the flag State regimes and ineffective performance of Regional Fisheries Management Organisations in managing and conserving marine living resources have been accused causing the rapid decline of global fish stocks. Furthermore, the existing international legal instruments have not been able to address this issue. The IUU fishing and related activities have endangered fish sustainability and marine environment. International community agreed that port State measures are considered to be the appropriate measures to address this problem. Therefore, the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing was approved at the FAO Conference in November 2009. This paper examines the new and only international legal instrument dealing with mitigation of the IUU fishing. This paper also provides analyses on challenges in enforcing the Agreement in an effective manner.
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The Fair and Equitable Treatment in International Investment Law: A Matter of Interpretation
(Te Herenga Waka—Victoria University of Wellington, 2011) Bismo, Nunki Gardjito
This paper examines interpretation and application of the Fair and Equitable Treatment standard that regulates the most basic relation between host states and foreign investors. This paper studies the possibility of eliminating National Treatment and Most-Favoured-Nations standards and replacing them with the Fair and Equitable Treatment standard which has a wider scope and greater protection. The evolutionary character and flexibility of the Fair and Equitable Treatment have proven that this standard could go beyond the international minimum standard of treatment and may lead to another important change or transformation in the future.
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Towards Better Urban Governance: Auckland in Progress
(Te Herenga Waka—Victoria University of Wellington, 2011) Bismo, Nunki Gardjito
In its findings, the Royal Commission on Auckland Governance identified the main systemic problems of Auckland governance: “regional governance is weak and fragmented and community engagement is poor”. The central government responded to it by reforming the local government structure into a single Auckland Council. The new Auckland Council is now working on the Auckland spatial plan which envisaged Auckland to be the most liveable city in the world. This paper examines whether the new Auckland local government will be effective in addressing the challenges.