Page 39 - Edisi Februari 2017

38 ENGLISH ENGLISH 39

M. YA’KUB AIYUB KADIR

RESOURCE NATIONALISM IN POSTCOLONIAL WORLD: LECTURE AT LAW FACULTY,
FROM APOLOGY SYIAH KUALA UNIVERSITY

TO UTOPIA he term resource such as through renegotiating bilateral nationalism policy can bind new agreed
treaties. Indonesia had to follow the
investment treaties or contracts,
nationalism has been
rules of international arbitration law for
developing new national legislations to
widely used in 1970s to
illustrate the emergence impose new tax or royalty, withdrawing dispute settlement and enforcement of
Tof postcolonial states from international arbitration, etc. international arbitration awards.
behaviours over the foreign oil
companies which were affiliated to In Indonesia context resource The movement of resource nationalism
CURRICULUM VITAE colonial regimes. The movement nationalism has been manifested in postcolonial states has been mostly
Name : M. Ya’kub Aiyub Kadir become more popular supported through various approaches, such as strengthening the position of states to
Place/date of birth : Aceh Besar, 1977 by euphoria of independence in re-negotiating Bilateral Investment bargain with foreign companies. But this
terms of sovereignty over natural Treaties (BIT) in terms of the absence not always bring to maximum benefit
resources. It was originated from the of the expected benefit and the risk for of people where natural resources were
EDUCATIONAL BACKGROUND anti-colonialism spirit in developing compensation claim in international extracted. Rather it has contributed to
• Bachelor in Islamic Law, IAIN Ar-Raniry Banda world against foreign investors arbitration. Indonesia argues that the the development of new regimes from
Aceh. which has strongly associated with existing BIT benefits in practice only increasing economic rent and investor
• Master in International Law, Oxford Brookes colonist regimes, and contributed to the developed states with capital and in another side. This disadvantages of
University, United Kingdom. new arrangement between states technology to invest in Indonesia. people can be seen in several cases in
• PhD in International Law, Anglia Ruskin and investors. The urgent need to Article 33 of the 1945 Constitution Indonesia, such as Arun LNG in North
University, United Kingdom. national budget for development refers to the full and direct control of Aceh, Tangguh LNG in West Papua,
and the booming price of oil and gas state over natural resources for the Bontang LNG Plant in East Kalimantan,
• Email: m.yakub.akadir@unsyiah.ac.id benefit of people, but with no actual and other parts of Indonesia. It is
has triggered developing world to
increase control and generate more process to ensure the conformity therefore shifting paradigm of resource
ACHIEVMENTS benefit from foreign investors. It was between an international treaty nationalism from state–investors based
• Ford Foundation -IFP scholarship Awardee reflected from the emergence of as drafted in common form by the into people-based should be taken
Calvo doctrine in Latin America states exporting capital countries, and the seriously in international and national
(1868), to the collective struggle of 1945 Indonesian Constitution. setting.
Bandung conference (1955) which
contributes to the emergence of Following this, Indonesia has initiated The recent initiative of Sovereign Wealth
various legal documents under the to terminate the BIT with the Fund in Bojonegoro District, East Java,
UN General Assembly Resolutions. Netherlands from July 2015, as part of Indonesia can be considered as part of
It sought to bring both moral and a plan to end all 67 agreements with this new paradigm. The effort to save
legal obligation over the Western other countries, i.e. China, France, and some profits for the future generation
colonial states, but it has failed to be the United Kingdom when they are up and fiscal stabilisation during volatility
well formulated and therefore has for renewal. However renegotiating of oil and gas price was intended to
challenged the protective measures of BIT will face several threats from the avoid the resource curse diseases. This
foreign investors in international law. It existing international investment initiative should be supported by central
formed of nationalisation over colonial- system, i.e. stabilisation, sunset, and government, parliament, non-government
based foreign companies as one of arbitration clause. It may not prevent organisations, and public which can be
traditional behaviours of resource foreign investors filing international part of correction of previous failure
nationalism. However recently resource arbitration claim during the timeframe of oil and gas revenue management in
nationalism manifested in softer ways, of a treaty, but for a long-term resource Indonesia. (Fhr)

EDISI 207 . JANUARI 2017 EDISI 208 . FEBRUARI 2017