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TOWARD A LIBERALIZATION OF TRADE IN SERVICE: THE CASE OF THE HIGHER EDUCATION INDUSTRY IN INDONESIA
Abstract
As individual country becomes more politically and economically integrated with the global economy, it is increasingly problematic for them to exclude themselves from the process. In fact, as firmly established as one of the economics orthodoxies, the developing countries that adjusted to this reality have significantly profited from their rapid integration in forms of the sustained economic growth. From the legal standpoint, it raises a number of very pertinent questions that require immediate attention from both policy makers and legislators alike. As such, this paper uses Indonesia as its case study as it conservative stance has framed the national debate on international law in general and higher national education in particular. More specifically, in the context of the worldwide populist backlash against globalization, this paper offers some prescriptive insights that can be employed for developing a sensible respond to emotionally charged questions such as how to successfully liberalize while at the same time closely attuned to the national ideology. In addition, I am also hopeful that this paper is pragmatically designed to be able to propose some practical solutions in support of the introduction of a further and thus successful institutional reform as it has initiated by the 2012 Law on Higher Education.
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Illiberal Democracy in Indonesia charts the origins and development of organicist ideologies in Indonesia from the early 20th century to the present. In doing so, it provides a background to the theories and ideology that informed organicist thought, traces key themes in Indonesian history, examines the Soeharto regime and his 'New Order' in detail, and looks at contemporary Indonesia to question the possibility of past ideologies making a resurgence in the country. Beginning with an exploration of the origins of the theory of the organic state in Europe, this book explores how this influenced many young Indonesian scholars and 'secular' nationalists. It also looks in detail at the case of Japan, and identifies the parallels between the process by which Japanese and Indonesian nationalist scholars drew on European romantic organicist ideas to forge 'anti-Western' national identities and ideologies. The book then turns to Indonesia's tumultuous history from the revolution to 1965, the rise of Soeharto, and how his regime used organicist ideology, together with law and terror, to shape the political landscape consolidate control. In turn, it shows how the social and economic changes wrought by the government's policies, such as the rise of a cosmopolitan middle class and a rapidly growing urban proletariat led to the failure of the corporatist political infrastructure and the eventual collapse of the New Order in 1998. Finally, the epilogue surveys the post Soeharto years to 2014, and how growing disquiet about the inability of the government to contain religious intolerance, violence and corruption, has led to an increased readiness to re-embrace not only more authoritarian styles of rule but also ideological formulas from the past. This book will be welcomed by students and scholars of Southeast Asia, politics and political theory, as well as by those interested in authoritarian regimes, democracy and human rights.
The GATS is regarded as a development-friendly WTO agreement and Article XIX lies at the heart of this pro-development efforts. This contribution offers a comprehensive analysis of this provision and critically deals with concepts that have not been tested by the WTO judiciary.
The obligations deriving from participation in the World Trade Organization are never inherently indivisible or erga omnes in the sense elaborated by the International Court of Justice in the field of human rights. As a rule, remedies for violations of WTO obligations remain available only to the Member(s) whose international trade interests have been affected, in actual or potential terms. Nonetheless, contracting parties have decided to extend to a limited number of WTO obligations the legal regime of indivisible obligation and to consider immaterial for the purpose of resorting to the dispute settlement system the effects of their violations. WTO obligations, therefore, are not a monolithic bloc. They may be divided into two categories which are governed by different rules as far as legal standing and counter-measures are concerned. Depending on whether the obligation allegedly breached belongs to one or the other category, the nullification or impairment of benefits is presumed – but can be challenged – under Article 3(8) of the DSU or is entirely irrelevant. Furthermore, countermeasures are normally proportionate or equivalent to the nullification or impairment of the benefits of the complainant. In the case of WTO obligations treated as indivisible obligations, however, the effects of the violation are immaterial and the trade interests of the complainant may well be unaffected. As a result, counter-measures are to be permitted to the extent that they will effectively ensure compliance. Special problems may finally arise in the case of multiple applicants, especially when the countermeasures are authorized at different times.
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