Source: Untar Public Relations – CS
Luo Yuan Yuan has become the first international student to earn a doctoral degree from Untar. She successfully defended her dissertation, titled “Investment Dispute Settlement Mechanism: A Comparative Study between Indonesia and China,” during the Open Examination of the Doctor of Law Study Program (DIH) at the Faculty of Law (FH) Untar, held at the Auditorium of Campus I Untar on Thursday (21/11/2024).
Originally from China, Yuan’s research examined the resilience and continued growth of the global economy despite facing major challenges, including wars, pandemics, and various other crises.
In presenting her research, Yuan explained that the global economy has experienced rapid expansion in the 21st century, accompanied by a significant increase in cross-border economic activities. As a result, investment has become a crucial component of economic development, leading to a growing number of investment-related disputes.
As Indonesia’s largest trading partner and the country’s second-largest foreign investor as of 2020, China served as a key focus of her study. The research specifically explored disputes between private investors and states, as well as the Investor-State Dispute Settlement (ISDS) mechanisms implemented in Indonesia and China.
Although dispute settlement provisions between investors and states vary across investment agreements, they generally provide for arbitration as the primary means of resolving disputes.
Yuan’s findings suggest that the global ISDS framework should be developed into a “Triangle System” consisting of Alternative Dispute Resolution (ADR), local remedies centered on domestic litigation, and a multilateral investment court. Under this framework, ADR and local litigation would operate at the same level, allowing investors to choose either option before seeking resolution through a multilateral investment court.
During the examination, Yuan expressed her gratitude for the opportunity to pursue her doctoral studies at FH Untar through a scholarship provided by Untar. She also thanked the faculty members who guided and supported her throughout her academic journey.
Yuan graduated with a perfect Grade Point Average (GPA) and became the 42nd graduate of Untar’s Doctor of Law Program.
(CS/YS/PA/JS)