Partnership Agreement Research Articles

The Legal Enforceability of CPTPP Anti-corruption Provisions and The Implications to Dispute Settlements

Compared to previous free trade agreements(FTAs), the anti-corruption provisions(ACPs) in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP) have been significantly strengthened in terms of legal enforceability and deserve more attention. The legally enforceable ACPs in CPTPP are concentrated in Articles 26.6 and 26.7. However, this legal enforceability may have implications for dispute settlements under CPTPP and could cause internal conflicts and judicial overlap which need to be addressed through treaty interpretation, treaty modification, or general international law approaches, and the role of the Trade Commission could be considered. This article wishes to provide ideas for a more harmonious inclusion of ACPs in future FTAs. CPTPP, Anti-corruption, Enforceability, Dispute Settlement, Internal Conflict, Judicial Overlap

Інвестиційне забезпечення видобутку вуглеводневої сировини в США: основні тренди, енергетичні альтернативи та екологічні детермінанти

It is substantiated that the United States are present as the main actor in the global energy market in terms of both forming the supply of energy carriers and ensuring the stability of its functioning. It is found that in recent decades, the production of hydrocarbons in the United States has been regulated by the federal government, based on conjunctural fluctuations in the world hydrocarbon market and the reformatting of the centers of gravity in global energy flows. It is found that in 2010–2022 in the United States, despite the growth of hydrocarbon production, there was a decrease in the volume of investment support for the development of the oil and gas industry. It is proved that the reduction of investment injections into oil and gas production in recent years is due to the diversification of the investment portfolio of «hydrocarbon» TNCs and the change in priorities in the development of hydrocarbon reserves. It is identified that the diversification of the investment portfolio of oil and gas companies occurs through the transfer of financial flows to the development of alternative energy and giving priority to the implementation of small, less risky megaprojects, rather than excessively risky megaprojects. It is substantiated that the United States has formed a diversified investment landscape in the field of natural gas and oil production, which includes large transnational corporations, independent oil and gas companies, financial institutions, and private investment companies. It is agreed that one of the main priorities of investment support for hydrocarbon extraction projects is the extraction of shale gas, based on its significant reserves and taking into account the emergence of new niches in the capacious market of Western Europe as a result of the imposition of sanctions against oil and gas suppliers from terrorist countries. It is verified that an effective form of investment support for shale gas extraction are public-private partnership (PPP) agreements, which provide investment in the development of the infrastructure of technological and innovation centers, which are focused on the development of advanced technologies related to the exploration, production and use of this component of hydrocarbon raw materials. This creates conditions for gaining competitive advantages in the volatile and sensitive global oil and gas market.

Racial microaggressions and positive coping strategies among migrant elderly care workers in Japan

BackgroundThe aging population is a severe issue in Japan; thus, the country has accepted nursing care professionals through a bilateral Economic Partnership Agreement with the Philippines, Indonesia, and Vietnam. Although this new phase of Southeast Asian immigration to Japan is still considered recent, problems linked to labor and sustainability have been observed. ObjectiveThis qualitative study explored the racial microaggression experiences and positive coping strategies of migrant care workers working in Japan's formal long-term care setting. MethodsIn-depth interviews were conducted among 31 migrant care workers from the Philippines (n = 21), Indonesia (n = 6), and Vietnam (n = 4). Interviews were held in their native tongue, in English or Japanese, with the aid of an interpreter, audiotaped for accuracy, and transcribed verbatim. NVivo 10® was used to sort, organize, and code the transcripts. Thematic analysis was used to identify emerging themes. ResultsTwo key themes emerged that depict racial microaggression: microinsults and microassault. Microinsults include environmental and systematic microaggression, assumption of unreliability, and invisibility. Microassault consists of the assumption of dominance. Migrant care workers were expected to write work reports in Kanji (Chinese characters) and to communicate in Japanese. They are pressured to do more tasks than their local counterparts but treated as incompetent and invisible because of their ethnic background. Three key themes emerged related to positive coping strategies: (1) emotion-focused, (2) meaning-focused, and (3) appraisal-focused. ConclusionThis is the first study that highlights the racial microaggression experiences and positive coping strategies of migrant care workers in Japan. The Japanese government is suggested to provide resources for migrant care workers to cope and practice self-care. Care facilities are meant to provide opportunities for care workers to develop a sense of agency and feelings of control over perpetuated racially charged interactions tailored to the care workers' culture.

Efficiency and Stability in Private Equity Investments: A Comprehensive Analysis of Traditional Financial Models and Strategies

This paper will discuss Dell’s challenges following the acquisition, including the large debt it acquired and the need to innovate continuously in the always-evolving world of technology. Research delivers an array of tactical and financial solutions. One aspect of the strategy to tackle Dell’s financial stumbling block could incorporate debt restructuring, equity financing, cost cutting, targeted growth initiatives, pro-active innovation and agility strategies such as capital investments in research and development, efforts to diversify products, and the enactment of strategic partnership agreements will result in what it will be the best outcome for growth. According to this research, there are holistic solutions, but it does not deny the restricted value of these proposed solutions based on theoretical notions and industrywide generalizations. Application of these solutions should consider the market dynamism, relevant internal organizational characteristics, or even unforeseen macroeconomic events that might strike once the solutions are implemented. Thus, it is extremely important that companies use integrated financial management and strategic positioning as a driving force for business. Many of these tech companies face the same challenges, and, as the industry has proved to be highly volatile, there is a certain amount of risk every time strategic decisions are made.

Юго-Восточная Азия и США: параметры взаимодействия

The article analyzes the factors influencing the nature of cooperation between Southeast Asian countries with the United States and the directions of its implementation in the context of the escalating rivalry between the United States and China, who seek to influence them. The US interest in the region is primarily determined by the tasks of containing China and strengthening its position in the Indo-Pacific region by expanding ties with partners and allies. The approach of the Southeast Asian countries towards cooperation with the United States is motivated by two considerations – strategic and economic. In the context of growing concerns about China’s expansion in the region and the persisting territorial disputes with it in the South China Sea, the United States in the eyes of these states is considered a stabilizing factor of the regional security system. The article points out that despite the fact that the Southeast Asian countries are interested in the presence of the United States in the region, the anti-Chinese orientation of American policy limits the potential of their strategic interaction. Case studies of individual Southeast Asian countries confirm their commitment to the principle of inclusiveness in foreign policy, which excludes choosing one party over the other. Despite the fears inherent in Southeast Asian countries about the expansion of China’s influence, they prefer to pursue a hedging policy, which in reality manifests itself in the desire to balance between competing parties in order to neutralize risks and preserve strategic autonomy. This explains the dualism of the Southeast Asian countries’ policies and affects their cooperation with the United States in the field of security, which, despite the intensification of diplomatic activities of Biden’s administration and the conclusion of a comprehensive strategic partnership agreement, is developing slowly, except for the ongoing joint military exercises and arms purchases. In general, the Southeast Asian countries are – and contribute to – solving problems they consider important, primarily in the field of economy. Contrary to the prevailing idea of China’s economic dominance in the region, the economic relations of the Southeast Asian countries with the United States have been stable for a decade, developing in an upward direction, and beneficial for the Southeast Asian countries themselves. Economic cooperation remains a priority of their interaction with the United States, despite the importance of developing security relations. Pragmatism and the acknowledgement of the emerging geopolitical situation in the region determines the parameters of interaction between the Southeast Asian countries and the United States.

Does Similarity in Philippine Free Trade Agreements Matter in Trade?

This study proposes using text-of-trade analysis to understand the design of the Japan-Philippines Economic Partnership Agreement and the European Free Trade Association (EFTA). It examines the similarities between these agreements and other free trade agreements of Japan and EFTA member countries and how these similarities impact Philippine trade. The paper illustrates how text analysis can complement conventional methods, such as the gravity model and other econometric approaches, in assessing trade agreement impacts. The results reveal that similarities across trade agreements, whether at the document, chapter, or topic-specific provision levels, which strongly reference sustainable development, can influence and foster trade.

Economic Partnership Agreement between ECOWAS-EU in Relation to the Principle of Economic Duress

Economic Partnership Agreement between ECOWAS-EU in Relation to the Principle of Economic Duress

Partnership Cooperation Agreement between Cooperatives and Private Companies to Improve the Economic Competitiveness of the Community in Pasir Jambu, Bandung, West Java

The partnership agreement between cooperatives and the private sector in Ciwidey Pasir Jambu, Bandung is very important to improve the competitiveness of cooperatives. In addition, the importance of the agreement is to create certainty of the legal relationship between the parties, therefore the law must be able to encourage the parties to work in order to improve the ability of cooperatives to compete, especially in Pasirjambu. The problems in this study are as follows, how to cooperate in partnership between cooperatives and private companies, what are the obstacles in partnerships between cooperatives and private companies in Pasirjambu. While its use in research is as a contribution to cooperatives and private companies in carrying out development, as well as a contribution to ideas for cooperatives and private companies to look for obstacles in partnerships, while the research method carried out, namely normative jurisprudence, considering that this research is legal research, while data, namely secondary, primary and tertiary data, also field data as support. In increasing competitiveness in the form of partnerships without definite legal rules, the relationship between the two parties has regressed and uncertain. The implementation of partnerships, based on legal aspects that can provide justice, with the aim of empowering small businesses, cooperatives in national development, namely equal employment and business opportunities, income equality, growing and improving business capabilities, increasing competitiveness, increasing exports, equitable distribution of business ownership and strengthening the structure of the national economy. Through the national business partnership movement, all development actors together renew their determination to mobilize all potentials and strengths to accelerate the growth rate of a just Indonesian nation. Through this movement, the Indonesian nation is prepared to face the challenges and opportunities that open up in free trade

Limitation and the Extent of a Partner’s Authority and Liabilities in Relation to Third-party and its Legal Implications on a Firm

Sharing of liabilities amongst partners is one of the reasons for the formation of a partnership firm, meaning, thereby, the sole proprietorship distinguishes from the partnership in various aspects, including sharing of liability. On the occasion of insolvency, the sole proprietor risks all his assets, savings, and investments towards the satisfaction of liabilities and incumbrances of his particular line of business. However, in contrast, the partners share not only the profits but also the risks on the occasion of insolvency at the ratio predetermined in their partnership agreement. However, there are extents and limitations as to the authority and liabilities, which may be drawn either by the partners themselves or under the Partnership Act 1932. This article will address the legal implications of the authority and liabilities of partners while dealing with a third party. Further, it would identify the legal impact of a specific act of a partner towards his firm.

Implementation of Regulations on Biodiversity in Vietnamese Environmental Law

This article analyzes the biodiversity-related provisions in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European-Vietnam Free Trade Agreement (EVFTA). In addition, the author examines Vietnam’s biodiversity-related regulations for the purpose of internalizing these two Agreements. The authors also point out several challenges of Vietnam in implementing commitments and offer solutions for improving the effectiveness of implementing these commitments.

Regional Comprehensive Economic Partnership (RCEP): Evaluation of Trade Relations Between Member Countries Using the Social Network Analysis Method

The Regional Comprehensive Economic Partnership (RCEP) agreement was signed in 2020 as a giant free trade agreement signed by 15 countries, including China. In this context, the RCEP agreement is the world's largest free trade agreement in terms of GDP and trade volume. In this study, commercial relations between RCEP countries between 2012 (the year when negotiations of the RCEP agreement began) and 2021 were examined using social network analysis. In the analyses, export values of RCEP countries to each other were used and the data were obtained from Trade Map. In the study, social network analyzes for the years 2012, 2015, 2018 and 2021 were analyzed using the Ucinet program, while trade networks were visualized with the Gephi program. For social network analyses, basic ego network indicators, degree centrality values, hub and authority centrality values and eigenvector values were calculated. As a result of the analysis, it is seen that the hub and authority country in trade between RCEP countries is China for all four years (2012, 2015, 2018 and 2021). On the other hand, it has been determined that China's most important trade partners are Japan and South Korea. Additionally, the development in Vietnam's trade level during this period is remarkable.

Private-Public Partnership in the Post-War Reconstruction of Ukraine

The article delineates the role of public-private partnership agreements in catalyzing post-war recovery in Ukraine. The paper examines the mobilization status of the Ukrainian economy and public administration in the context of Russia's military aggression against Ukraine. The authors emphasize the need for clarity and structure in legislation, along with refining management mechanisms for the effective fulfillment of security, defense, and post-war recovery needs, considering the experiences of countries that underwent wars or recovered from economic crises. The article underscores the mobilization potential of public-private partnership agreements, enabling the resolution of strategic tasks by utilizing business resources, particularly under the provision of state guarantees. The significance of the scientific, educational, and innovative components in recovery projects is discussed to support human capital and the regeneration of the country's economic potential based on modern technologies and approaches to economic organization. The authors highlight the opportunity to integrate PPP projects into regional recovery strategies through digital platforms for project coordination. The application of digital tools in PPP agreement implementation is noted to facilitate the integration of the scientific-educational component into PPP projects. Coordination of projects and strategies, coupled with the utilization of digital instruments, is deemed crucial for achieving economic and social impact from PPP projects. Additionally, in the post-military recovery context, this fosters openness in project discussions within the public sphere. The article outlines fundamental conditions for PPP effectiveness, involving legislative refinement to mitigate corruption risks and prevent social and economic inefficiencies. The increase in the number of concluded and implemented agreements in post-war reconstruction is identified as an indicator of the quality of legislation and public management.

Economic Partnership Agreement between Mongolia and Korea: Some issues concerning the tariff negotiations

Mongolia signed its first Economic Partnership Agreement (EPA) with Japan and the agreement entered into force in 2016. It has been agreed to conclude the next agreement with the Republic of Korea, and official negotiations have started from December 2023. In the framework of the traditional agreement, trade in goods and services, trade-related investment issues and intellectual property rights are discussed. Among these, the tariff negotiations are the core issue of the trade in good chapter and determine the benefits of negotiations through harmonization with other chapters. Therefore, it is important to conduct both qualitative and quantitative research in advance and make research-based decisions for customs tariff negotiations. In addition to studying the types of agreements signed by South Korea with other countries, the duration of negotiations, and the results of tariff negotiations with Vietnam, some issues to be considered in tariff negotiations were determined by analysing the revealed comparative advantage (RCA) index needed to develop Mongolia's proposals for tariff concessions’ schedule and requests to be submitted to South Korea.
 Монгол Улс, Бүгд Найрамдах Солонгос Улс хоорондын эдийн засгийн түншлэлийн хэлэлцээр: Гаалийн тарифын хэлэлцээ хийхэд анхаарах зарим асуудал
 Хураангуй. Монгол Улс анхны Эдийн засгийн түншлэлийн хэлэлцээр (ЭЗТХ)-ийг Япон улстай байгуулан 2016 оноос хэрэгжүүлж эхэлсэн. Дараагийн хэлэлцээрийг БНСУ-тай байгуулахаар тохиролцож, албан ёсны хэлэлцээг 2023 оны 12 дугаар сараас эхлүүлээд байна. Хэлэлцээрийн хүрээнд барааны болон үйлчилгээний худалдаа, худалдаанд хамаарах хөрөнгө оруулалт болон оюуны өмчийн эрх гээд олон асуудлыг хөнддөг. Гаалийн тарифын хэлэлцээ нь барааны худалдааны бүлгийн үндсэн асуудал бөгөөд бусад бүлэгтэй нягт уялдаатай байж хэлэлцээрээс хүртэх үр ашгийг нэмэгдүүлдэг. Иймээс гаалийн тарифын хэлэлцээ хийхэд шаардлагатай чанарын болон тоон судалгааг урьдчилан хийж, судалгаанд суурилсан шийдвэрийг гаргах нь чухал. Энэ ажлын хүрээнд БНСУ-ын бусад оронтой байгуулсан хэлэлцээрийн төрөл, хэлэлцээ үргэлжилсэн хугацаа, Вьетнамтай хийсэн тарифын хэлэлцээний үр дүн зэргийг судалж, Монгол Улсын тарифын хөнгөлөлтийн жагсаалтын санал, БНСУ-д хүргүүлэх хүсэлтийг боловсруулахад шаардлагатай харьцангуй давуу талын шинжилгээг хийж, тарифын хэлэлцээ хийхэд анхаарах зарим асуудлыг тодорхойлсон болно. 
 Түлхүүр үгс: Гаалийн тарифыг бууруулах, тэглэх; Хөнгөлөлттэй тариф; Нэн тааламжтай тариф; Тарифын хөнгөлөлтийн жагсаалт; Харьцангуй давуу талын индекс

Analisis Penjualan Mobil Listrik Di Indonesia Dalam Rentang Waktu 2020-2023

The automotive industry in Indonesia is growing rapidly with electric car sales increasing significantly by 2022. Hyundai is one of the largest electric car manufacturers in Indonesia, supported by the IK-CEPA (Indonesia-Korea Comprehensive Economic Partnership Agreement), a bilateral free trade agreement between Indonesia and South Korea in various fields such as trade in goods, services and other economic cooperation. The Indonesian government is also active in supporting the development of the electric vehicle industry through fiscal and non-fiscal incentives, as well as cooperation with Hyundai Motor Group in training electric vehicle technicians. Sales of electric cars in several brands and types such as Hyundai Kona EV, Hyundai Ioniq EV, and Lexus UX300e have increased from 2020 to October 2023, showing public interest in electric cars. Hyundai Ioniq 5 became the best-selling electric car in Indonesia in 2022, while the newly released Wuling Air EV in August 2022 also received attention for its affordable price and unique design. Indonesia has the largest nickel reserves in the world, so it has a great ability to make electric vehicle batteries. This will drive the development of the electric car industry in the country, with strong government support and increasing sales, the automotive industry, especially electric cars, will have a bright prospect to continue growing in the future.

Cross-border and regional cooperation between Ukraine and the European Union: historical and legal aspect

The article examines the historical and legal aspects of cross-border and regional cooperation between Ukraine and the European Union. It was traced that Ukraine’s intentions regarding the development of relations with the European Union were first enshrined in the Resolution of the Verkhovna Rada of Ukraine and subsequently recorded in the Partnership and Cooperation Agreement between the European Communities and their Member States on the one part, and Ukraine, on the other part. In addition, the requirements for cross-border and regional cooperation were defined in the Action Plan European Union - Ukraine “European Neighborhood Policy” and later became more detailed in the Association Agreement between the European Union and its Member States, on the one part, and Ukraine, on the other part. Although the analyzed normative legal acts of Ukraine have become somewhat oriented towards the norms of the law of the European Union in the field of cross-border cooperation and regional cooperation, they still need improvement.

The Trade Effect of Non-tariff Measures in a Comprehensive Trade Agreement

The aim of this study is to quantify the trade effects of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which is considered to be a comprehensive trade agreement. To this end, we estimate the gravity equation for worldwide trade and introduce applied tariffs into this equation to differentiate between the trade effects of tariff reduction and non-tariff measure (NTM) changes. Our gravity equation results indicate that the trade effect of NTM changes under the CPTPP is insignificant on average and negative for most products. We also estimate the gravity equation for foreign direct investment (FDI) and find some evidence that the CPTPP increased FDI by a statistically significant amount. Thus, the NTM changes in the CPTPP may increase FDI, rather than trade, among member countries.

Factors Related to Job Continuance of Nurses Who Migrated to Japan: A Cross-Sectional Study.

Japan has accepted nurses from Indonesia, the Philippines, and Vietnam under the Economic Partnership Agreement, but nearly half of them have already left the workforce. This study aimed to clarify the factors related to the job continuance of nurses who migrated to Japan under the Economic Partnership Agreement. Our goal was to explore factors specific to migrant nurses and to contribute to the development of support measures for them. This research was a cross-sectional study in which a web-based questionnaire and interview were conducted at a single point in time. Migrant nurses (n = 40) participated in the web-based questionnaire survey. Of those, nine nurses were also interviewed. Spearman's rank correlation coefficient was used to establish correlations, and qualitative descriptive analysis was used to analyse interviews. The questionnaire survey results revealed the content of work, human relationships in the workplace, the number of night shifts, and satisfaction with the balance between work and private life were significantly and negatively correlated with the Intention to Quit scale total score. All correlation coefficients were less than 0.5, indicating weak correlations. Three categories emerged from the interviews as positive factors related to job continuance: "generous support from the workplace", "beneficial nursing experience in Japan", and "determination to live in Japan". A good working environment, generous support from the supervisor and colleagues, high values of nursing in Japan, and desire to migrate to Japan were the factors that had a positive effect on migrant nurses' job continuance in Japan. Understanding the characteristics of migrant nurses and providing generous support will enable them to continue working in Japan. This study was not registered.

The Strategic Shift of U.S. Economic Framework Toward Asia Pacific: From TPP to IPEF

The Indo-Pacific Economic Framework for Prosperity (IPEF) represents a significant pan-regional economic endeavor by the United States in the Indo-Pacific region following its departure from the Trans-Pacific Partnership Agreement (TPP) in January 2017. The primary objective of the IPEF is to enhance and consolidate American economic influence within the Indo-Pacific region. One of the TPP objectives encompassed this aspect. The four critical pillars of IPEF are Trade; Supply Chains; Clean Economy; and Fair Economy. Member states can choose to participate in different areas as they wish, without committing to all areas. However, the accord's true efficacy is still in doubt because there are no legally enforceable trade agreements or processes. Today, the United States still has certain challenges competing in the Asia-Pacific area for geoeconomic benefits. The paper investigates the shift in U.S. economic policy towards the Asia-Pacific region, specifically analyzing the transition from the TPP to the IPEF. The research primarily concentrates on the fundamental aspects, distinguishing features, consequences, limitations, and prospective advancements of the IPEF.

American Chemical Society and Korean Chemical Society sign partnership agreement

American Chemical Society and Korean Chemical Society sign partnership agreement

Sinergi Pengawasan Kemitraan Usaha Mikro Kecil Dan Menengah Sebagai Upaya Peningkatan Potensi Dalam Dunia Usaha Ekonomi Kreatif

UMKM have demonstrated their various roles in supporting the national economy, but in carrying out their business activities they still experience various obstacles and obstacles, both internal and external. The research aims to produce appropriate concepts in supervision and what institutions are appropriate to optimize UMKM. This research uses socio-legal methods by conducting direct observations to collect data related to the concept of supervisory relationships between institutions that have partnership supervision authority, especially in Malang City. The results of this research are optimizing supervision of UMKN in two ways, namely empowerment through the City Cooperatives and Micro Enterprises Service and empowerment through the Malang City Trade Office. Provide education regarding the importance of understanding partnership agreements. All forms of partnership agreements must be made in writing, the positions of the parties must also be balanced in the partnership agreement. With the existence of these two institutions and education, it is hoped that they can monitor UMKM with the goal to be achieved so that large and small business actors can grow and develop together.