Violation Of Agreement Research Articles

VCLT and the Peaceful Coexistence of Tax and Investment Treaties: A Case Study of Limited MFN Clauses and the FET Standard

The general purpose of this article is to demonstrate that customary international law (CIL) has a significant role to play in connecting international tax law and international investment law. Bridging a gap between those sources of international law is not only an important endeavour in the theory of law but also in practice. This article purports to achieve the abovementioned general purpose by focusing on the application of the rule and principles of interpretation under the Vienna Convention on the Law of Treaties (VCLT), which represent a codification of CIL, to limited most favoured nation (MFN) clauses in tax treaties. The hypothesis of the authors is that a serious failure in a proper application of the VCLT to interpret the MFN clauses in tax treaties may lead to a violation of international investment agreements (IIAs), in particular the fair and equitable treatment (FET) standard. The analysis and conclusions are relevant to all tax treaties and IIAs containing the MFN clause and FET standard, respectively. They are also of relevance for the interpretation of all provisions of tax treaties, not only the limited MFN clauses, in accordance with the VCLT. Examining tax treaties through the lens of the FET standard allows the FET standard to be seen as a gateway for the systemic integration of tax treaties in accordance with the principle enshrined in article 31(3) (c) of the VCLT, because some of core elements of that standard are deeply rooted in sources of international law (general principles of law and custom).

Risks and Harms to Physicians Reporting Hematologic Adverse Drug Reactions (ADRs) to Health Authorities

Background : The Southern Network on Adverse Reports group (SONAR) has previously identified severe risks and harms to physicians who reported serious ADRs to Heath Authorities related to solid-tumor oncology pharmaceuticals. (eClinMed, PLOS One, Journal of Scientific and Professional Integrity) We investigated whether similar risks and harms occurred to clinicians/scientists who reported hematology-associated ADRS. Methods: Quotes were abstracted from media coverage or Health Authority hearings for individual hematology drugs. Results : Risks and harms were reported in regulatory agency or government agency meetings by eight clinician/scientists physicians who led phase-3 pharmaceutical-sponsored clinical trials (Olivieri N (U Toronto, NEJM 1996, Singh G, Stanford, unpublished 2004), Buse J (U of North Carolina, unpublished 1999, Henke M (Abteilung Universitatsklinik, Lancet 2003, Mangano D (UCSF, NEJM 2005), Topol E and Nissen S (Cleveland Clinic JAMA 2004), meta-analyses (n = 2) (Bennett C (Northwestern, JAMA 2008, Mangano D (UCSF, NEJM 2006); database analyses (n = 1) (Mangano D (UCSF, NEJM 2004), case-control studies (n = 1) (Brass L, Yale, NEJM 2005) and an independent safety review (n = 1) (Solomon S, Harvard, JAMA 2005) including lawsuits, loss of job, public harassment and loss of grants. Three physicians lost academic positions (Topol, Olivieri, Mangano), two physicians lost federal grants (Olivieri, Bennett), and one FDA scientist (Graham) was demoted. ADR findings resulted in drug removal (n = 7; Vioxx, Avandia, Bextra, Celebrex, Trasylol, Phenyl propanolamine, Hydroxy-ethyl starch), revised indications (n = 2) (Procrit, Aranesp 2007, 2008, 2010)) or 10-year delay in FDA-approval (n = 1) (Fereprox). Median time from FDA approval to ADR identification was 8 years (Range, 4 years (Bextra) to 62 years PPA)). Numbers of persons reportedly seriously injured or dying from 1 ADR was 10,00 (Procrit)- 270,000 (Vioxx) (median 120,000). Manufacturer allegations that resulted in pharmaceutical companies actions included violation of secrecy agreement (n = 2) (Fererpox, PPAs) and public reporting of proprietary data (n = 11). Pharmaceutical companies paid $600,000 (Fereprox) to $5.8 billion (Vioxx) in fines and settlements. Discussion: Twelve physicians experienced severe threats and/or harms after reporting hematologic-associated ADRs to Health Authorities and/or in major publications. We suggest physicians not sign secrecy agreements that might jeopardize public safety (as currently established by almost all US medical universities) and should partner with independent drug safety monitoring boards (DSMBs) on ADR evaluations to monitor safety concerns of drugs and medical devices.

Legal Certainty of Indonesia's Nickel Downstream Policy Due to the European Union's Lawsuit at the WTO

Indonesia's nickel downstreaming policy, which prohibits the export of nickel ore with a grade of <1.7%, aims to increase added value and support national development. However, the European Union views this policy as a violation of the General Agreement on Tariffs and Trade (GATT) 1994, leading to a lawsuit at the World Trade Organization (WTO) in 2021. This research employs a normative-descriptive method to analyze the dispute settlement process at the WTO, the impacts of the downstreaming policy for Indonesia, and its prospects for legal certainty in the future. The findings indicate that Indonesia lost at the panel level because the policy was deemed inconsistent with Article XI:1 of the GATT, although an appeal was filed in 2022. Despite legal and diplomatic challenges, downstreaming remains a key strategy to enhance Indonesia's economy. In conclusion, this policy must be refined through strengthening domestic industrial capacity and harmonizing regulations with international standards.

Preserving Secrecy within the Patent System to Safeguard Western Countries’ Technological Innovation

Russia’s aggression in Ukraine has brought patent-policy debates into sharp focus with regard to secrecy. Russian violations of international and multilateral agreements on intellectual property have drawn significant attention and highlighted potential risks pertaining to safeguarding of technological innovation by Western countries, not least European Union member states. Against this backdrop, the article reflects on the secret-invention regulations in place and opportunities to keep an invention secret under European patent law. While the concept of a secret invention may appear contradictory to the patent system’s primary aim – disclosure – secret patents are nothing new in the history of patenting. The paper presents a recommendation to expand the scope of secrecy in current patent law, thereby allowing Western countries to implement sufficient counter-measures in response to adversaries’ flouting of international intellectual-property law. The article directs particular attention to expansion of this secrecy’s scope to the technical description of a patent application involving dual-use inventions.

Cross‐retaliation and international dispute settlement

AbstractAlthough politicians and the popular press often express the desire to link retaliation in trade agreements to non‐trade issues, the WTO discourages and usually disallows cross‐retaliation even among its own agreements. In this paper, we analyze the welfare implications of cross‐retaliation. We compare two different mechanisms in a two‐country two‐sector tariff‐setting political‐economy model with incomplete information. A country may temporarily raise trade barriers in response to political pressure and the extent of this pressure is private information. In a same‐sector retaliation mechanism a safeguard action, or other limited violation of the international trade agreement, is punished by an equivalent suspension of concessions in the sector where the initial deviation takes place. In a linked, or cross‐sector, retaliation mechanism retaliatory actions may be taken in another sector or agreement. We next consider less‐than‐equivalent suspensions of concessions whereby the probability of retaliation is less than unity. We then endogenize this probability and derive its optimal level separately for same‐ and cross‐sector retaliation. We also consider the long‐run viability of these self‐enforcing trade agreements. We show that whether retaliation is certain or probabilistic a cross‐sector retaliation mechanism can generate greater welfare and self‐enforcement capability than a same‐sector mechanism unless export‐oriented political pressure in the cross‐sector targeted for retaliation is high. Although cross‐sector retaliation is usually welfare improving, there may be little additional benefit to extending retaliation to a different agreement.

Legalitas Pendaftaran Investasi Asing pada Sistem Online Single Submission Risk Based Approach (Oss-RBA) di Indonesia

This study aims to find out and analyze the legality of foreign investment registration in the online single submission risk based approach (Oss-RBA) system in Indonesia. This research is a normative research using primary, secondary and tertiary legal materials collected by tracing or searching and documentation studies, the legal materials that have been collected are processed and analyzed in several stages, namely inventory, identification, classification and systematization. The results of the study show that (1) Law Number 25 of 2007 concerning investment has been in compliance with TRIMs. (2) Foreign investment business licenses in the Oss-RBA system are not considered to violate TRIM's because they are not regulated in the illustration of the violation of the TRIM's agreement.

Negative obligations under Roman private law

The article provides a critical review of the sources of Roman law regarding negative obligations. The author indicates that in the classical definition of the content of the obligation of the Roman jurist Paul (D. 44.7.3 pr., Paulus 2 inst.) the concept of «abstaining from actions» is absent, but the same Paul indicates that the concept of «doing» (facere ) includes also «to abstain» (abstinere) (D. 50.16.189, Paulus 34 ad ed). Therefore, it can be stated that obligations with a negative content were recognized in classical Roman law. However, the author emphasized that negative obligations in Roman law, as a rule, did not have an independent meaning, but appeared in additional conditions to the main contractual obligation and were not typical. As typical obligations, the article analyzes the agreement on non-alienation (pactum de non alienando), the agreement on not filing a lawsuit (pactum de non petendo) and the agreement on not providing a guarantee for eviction (pactum de non praestanda evictione). In Roman law, the non-alienation agreement mostly accompanied sales or pledge relations. Moreover, the violation of the non-alienation agreement did not result in the invalidity of the sale. The sale of the subject of pledge carried out under prohibition resulted only in the liability of the party who committed such a violation. In modern law, the agreement on non-alienation of the subject of the pledge has been transformed into a legal prohibition of the alienation of the pledged property without the consent of the pledgee. A non-suit agreement was an informal agreement under which the creditor undertook not to file a claim against the debtor at all or for a certain period of time in the event of his non-fulfillment of the obligation. Violation of this agreement had only a procedural effect: the defendant could raise a procedural objection (exceptio) that an agreement not to file a lawsuit had taken place. The agreement on not providing a guarantee for eviction reduced the responsibility of the debtor- seller for seizing of the thing from the buyer on the grounds that had existed before its sale. According to the claim from the purchase, in case of eviction of the thing from the buyer, the seller had to be liable in the amount of damages. In case of concluding an agreement not to provide a guarantee for eviction, the seller was liable only in the amount of the purchase price of the item.

Civil Law Review of The Implementation of Franchise Agreements In Indonesia

Franchise agreements have become one of the fastest-growing business models in Indonesia. However, in its implementation, legal problems often arise faced by the parties involved in the franchise agreement. This journal aims to review the implementation of franchise agreements in Indonesia from the perspective of civil law. This review was carried out by analyzing laws and regulations related to franchising, principles of civil law, and the practice of implementing franchise agreements in the field. The study results show that implementing franchise agreements in Indonesia still faces several obstacles, such as: 1) Lack of understanding of the parties to their rights and obligations in the franchise agreement. 2) Weak law enforcement against violations of franchise agreements. 3) The government's role in protecting the parties' rights in the franchise agreement has not been optimal. Based on the study's results, this journal recommends several steps to improve the implementation of franchise agreements in Indonesia: Increasing education and socialization of the parties about their rights and obligations in franchise agreements; Strengthening law enforcement against violations of franchise agreements; and Enhancing the role of the government in protecting the rights of the parties to the franchise agreement.

An Energy-saving Data Transmission Approach based on Migrating Virtual Machine Technology to Cloud Computing

Introduction: Over the past few years, researchers have greatly focused on increasing the electrical efficiency of large computer systems. Virtual machine (VM) migration helps data centers keep their pages' content updated on a regular basis, which speeds up the time it takes to access data. Offline VM migration is best accomplished by sharing memory without requiring any downtime. Objective: The objective of the paper was to reduce energy consumption and deploy a unique green computing architecture. The proposed virtual machine is transferred from one host to another through dynamic mobility. Methodology: The proposed technique migrates the maximally loaded virtual machine to the least loaded active node, while maintaining the performance and energy efficiency of the data centers. Taking into account the cloud environment, the use of electricity could continue to be critical. These large uses of electricity by the internet information facilities that maintain computing capacity are becoming another major concern. Another way to reduce resource use is to relocate the VM. Results: Using a non-linear forecasting approach, the research presents improved decentralized virtual machine migration (IDVMM) that could mitigate electricity consumption in cloud information warehouses. It minimizes violations of support agreements in a relatively small number of all displaced cases and improves the efficiency of resources. Conclusion: The proposed approach further develops two thresholds to divide overloaded hosts into massively overloaded hosts, moderately overloaded hosts, and lightly overloaded hosts. The migration decision of VMs in all stages pursues the goal of reducing the energy consumption of the network during the migration process. Given ten months of data, actual demand tracing is done through PlanetLab and then assessed using a cloud service.

The Importance of Cybersecurity Governance Model in Operational Technology Environments

There is a common will to unify regulation in the Western world regarding overall security, including cybersecurity. European cyber security regulations aim to create a foundation and guidelines for international standards in various industries and the operation of critical infrastructure. Protected critical infrastructure is a common goal for Western allies. Allies of NATO and EU member states mainly support the anti-aggression policy in Europe. The unstable situation in the world forces states to find solutions that represent the thoughts of the allies. Defending common values is crucial when the purpose is to protect critical infrastructure and vital functions in societies. The research will demonstrate the industrial needs of IT/OT-related cybersecurity governance. The study analyzes EU-level cybersecurity requirements and how those requirements affect standardization regarding cybersecurity governance in the operational technology environment. There will be four primary governance levels: Political, Strategical, Operational and Tactical. Many criminal state-linked operators do not care about international agreements or contracts. Some rogue states have even taken to inciting violations of international agreements. We cannot trust the loose contracts between states anymore. The research will find the main challenges concerning the cybersecurity governance of the industrial organizations that use operational technology-related technology in their daily businesses. We have seen that Information and Operational Technology are based on something other than similar threats and risk basements. Operational Technology-related threats threaten the cyber-physical ecosystem where anomalies affect the physical world, so operational functions of equipment, devices, sensors, components, and production lines are interrupted. As a result, continuity management and supply chain management are compromised. The study's primary purpose is to describe the cybersecurity governance elements of the OT environment for enhancing situational awareness. Standardizing the cybersecurity level among industrial stakeholders requires EU member states to have a national cybersecurity strategy that follows main EU-level guidelines. Despite the EU member states' implementation level of the regulation, the EU-level cybersecurity requirements obligate companies to take steps to solve future cybersecurity challenges.

International convergence towards a climate-neutral economy: modeling the agricultural sector

Purpose. This article aims to construct a comprehensive convergent model for assessing the global and EU’s progress, degree of consolidation and symmetry of agricultural economies towards climate neutrality in the context of key international green initiatives. Methodology / approach. This research employs both qualitative and quantitative analyses to assess convergence measures in the agricultural sector’s carbon emissions. The quantitative component relies on the sigma and beta convergence models to evaluate international convergence in carbon emissions CO2 dynamics. The dimensions of modeling are as follows: global sample within 194 countries with reliable emissions data; European Union, focusing on convergence within the EU27 member states, the United Kingdom, and Ukraine. The time period covers open data from 1972–2022. The dynamics of sigma and beta convergence is determined for the points, namely UN Stockholm Conference (1972), UN Rio Conference (1992), Kyoto Protocol (entry into force in 2005), Paris Agreement (2015). Additionally, statistical indicators of variation, skewness, Gini and Theil indices were calculated for delineating global smoothness and the concentration of agricultural emissions. Results. The results of the study reveal an inertial and divergent trend of the agricultural economy towards decarbonisation, which slows down the overall movement towards “net zero” due to the presence of clubs of lagging agricultural countries that increase emissions in violation of international agreements. The reduction in emissions skewness in recent years shows that more countries are “pulling” decarbonisation due to their high capacity to move towards net zero, but this is not enough. The EU is the most prominent example of accelerated climate convergence, but markers of its weakening in recent years are identified due to the inability of economies to maintain the pace of decarbonisation caused by economic constraints, technological barriers, policy and regulatory issues, and misunderstandings of climate neutrality goals. It is shown that the long-term decarbonisation capacity of the agricultural sector is the key trigger for a country to make a positive contribution to the global convergence towards climate neutrality. At the current stage, the pace of decarbonisation plays a much greater role for consolidating efforts in the agricultural economy and achieving climate neutrality than the initial level of emissions in the sector. Factors in this process include proactive compliance with global climate agreements, technology sharing and cooperation, digitalisation and smart agriculture, and green financing and investment. Its implementation requires a three-way integration of stakeholder actions, strategy selection and results evaluation. Originality / scientific novelty. The study’s originality lies in its large-scale analysis of over 50 years of emissions dynamics and the context of five key green agreements that provided support for the green transition. It allows studying international convergence in agricultural sectors globally and within the EU. The novelty implies the integrated use of sigma and beta convergence models that identifies predictors of convergent and divergent processes and separates countries into leaders and laggards of agricultural decarbonisation. This approach provides a comprehensive view of modern climate policy, the impact of international green initiatives, and the position of individual towards climate neutrality in agriculture. Practical value / implications. The practical value lies in the ability to adjust climate policies for the agricultural economy’s decarbonisation, facilitating the determination of prospective outcomes for achieving climate neutrality. The aforementioned factors facilitate the process of governmental decision-making. The assessment of international programmatic agreements' effectiveness is enhanced through these models. The study offers a framework for global convergence towards climate neutrality in agriculture, highlighting the importance of digital technologies and smart agriculture as significant factors in global convergence.

LEGAL NATURE OF INTERNATIONAL JURISDICTION AGREEMENTS

The problem of the legal nature of international jurisdiction agreements is directly related to the issue of their regulation in the national legislation, since, depending on the material or procedural quali cations of this institution, particular regulatory requirements for such agreements are to be established. This article analyzes various approaches to the de nition of the legal nature and, consequently, the regulation of international jurisdiction agreements on the example of English, German and Russian legislation. The material quali cation chosen in English law means a more exible regulation of the agreements: the possibility to conclude an oral jurisdiction agreement as well as the possibility for one party to use remedies (antisuit injunctions, damages) in case of violation of the jurisdiction agreement by the other party. The procedural quali cation of jurisdiction agreements in German law presupposes the establishment of stricter formal requirements (requirements for the subjects of agreements, form (written or oral with written con rmation), time of the conclusion of the jurisdiction agreement). In Russian law, this issue has not been nally resolved and is debatable, so that the legislative 181regulation of agreements on jurisdiction is generally fragmentary and is replaced by the construction and interpretation of norms in judicial practice.

The “Détente to Step Forward” Diplomatic Strategy and Efforts to Save Vietnam’s Fragile Peace from March 1946 to December 1946

The historical period 1945–1946 occupies a particularly prominent position in modern Vietnamese history. It was a period full of challenges for the Communist Party, the newly formed government of the Democratic Republic of Vietnam, and the Vietnamese people. It was also a period with many historical events including the diplomatic struggle of the Government of the Democratic Republic of Vietnam to protect and strengthen the revolutionary government in the face of imperialist countries’ plot to monopolize Vietnam. The current study set out to describe the art of the diplomatic struggle of the Government of Vietnam and the Communist Party in the fight against the sabotage of the Preliminary Agreement of March 6, 1946, by Chiang Kai-shek’s army and his henchmen, and the violation of the same agreement by the French colonialists using historical research, logic, analysis, and listing. The diplomatic struggle was “firm in objectives, flexible in strategies and tactics.” Study findings on Vietnam’s revolutionary and modern diplomatic art revealed the plot of France and Chiang, and how the Vietnamese peacefully protected their territorial integrity and national sovereignty.

Yemeni and regional maritime doctrine in light of the decline of the liberal theory of freedom of navigation in EEZ

The presence of the USCENTCOM , AFRICOM and 34 foreign countries in the vital Yemeni, Arab, and national maritime spheres contributed to a flagrant violation of maritime laws and international political relations. Likewise, the presence and activities of the strategic and tactical military naval units of the aircraft carrier, submarines, and American and British nuclear naval destroyers in the Red Sea. The Gulf of Aden is a breach and violation of international law and agreements regulating freedom of navigation and a blatant assault on Yemeni sovereignty in its vital maritime sphere, as it is located in exclusive Yemeni economic waters, in addition to its nuclear effects in destroying the marine environment and human security. It constitutes a source of danger to food and maritime security, stability, and international peace. The study aims to clarify the influence of Western geopolitical thought and the behavior of American foreign policy in international relations and maritime laws, which is witnessing a major decline and failure in its global policy because it used the policy of American military force to achieve its own political goals and imposed the methodology of Western liberal maritime thought to control and limit the rights of the Yemeni, Arab, and Islamic coastal states. Which contradicts customs, laws, and agreements and affects historical rights and the Yemeni, Arab, and regional maritime domain. The study is expected to confirm the modern Yemeni, Arab, and Islamic hypothesis that the high seas and international maritime waters are within a distance of 200 nautical miles from the baseline and to affirm the right of Yemen and the Arab nation to be protected. The vital area of the United Arab Emirates and the Islamic and regional countries extends from the Atlantic Ocean to the Mediterranean, the Arabian Gulf, the eastern and western Indian Ocean to the Antarctic Ocean, and there is a call for holding maritime conferences in order to develop traditional Western maritime legal theories and concepts that seek to limit the rights of coastal states, establish perceptions, and reach an update to the laws regulating freedom of maritime navigation in accordance with the views of the peoples of the world and in response to global changes in multipolarity.

Urgensi Perjanjian Perkawin dalam Upaya Suami atau Istri Tidak Terpenuhinya Kewajiban Atas Harta Bersama

The legal consequence of a marriage is that the wife's property becomes the husband's property, and vice versa, this is the beginning of what is called joint property. However, there are efforts to separate inherited assets between the husband's assets and the wife's assets. The Marriage Agreement between Mr. PAT and Mrs. P is about the husband's obligations and the wife's rights, such as when the marriage takes place, objects that are not in the husband's name become the property of the wife. The formulation of the problem that arises is whether the legal recourse if joint property objects which cannot be proven to be owned in the husband's name will become the property of the wife and what legal remedies can be taken if one party does not carry out its obligations in accordance with the contents of the agreement. The research method used is normative law by examining statutory regulations and the articles in the marriage agreement between Mr. PAT and Mrs. P which contain legal issues regarding joint property. The results of the research show that there are no regulations which stipulate that joint objects which cannot be proven to be in the name of the husband may not belong to the wife or his heirs, the Marriage Agreement is a halal cause and does not conflict with anything. The legal remedy if there is a violation of the marriage agreement is a lawsuit for breach of contract or you can file a lawsuit for divorce/talak in the District Court according to the contents of the marriage agreement.

Methods for optimizing the assignment of cloud computing resources and the scheduling of related tasks

<div align="center"><span>Efficient scheduling algorithms are necessary in the cloud paradigm to optimize service provision to clients while minimizing time duration, energy consumption, and violations of service level agreements (SLAs). Disregarding task appropriateness in resource scheduling can have a detrimental effect on the quality of service provided by cloud providers. Moreover, the utilization of resources in an ineffective manner will necessitate a substantial expenditure of energy to execute activities, leading to prolonged processing duration that adversely affect the temporal duration. Many research projects have focused on employment scheduling problems, and the algorithms used in these studies have offered answers that were deemed nearly flawless. This study presents a chaos bird swarm algorithm (Chaos BSA) approach that use machine learning to consider task priority while allocating tasks to the cloud platform. The method calculates the priorities of task virtual machines and incorporates these values into the scheduler. The scheduler will select tasks that align with the specified priorities and are compatible with the virtual machines. The implementation of the system utilized the openstack cloud platform and the cloudsim tool. The results and comparison with the baseline approach genetic algorithm (GA), ant colony optimization (ACO), and particle swarm optimization (PSO) clearly demonstrate that our Chaos BSA outperforms them by 18% in terms of efficiency.</span></div>

The exploration of syntactic links: subject-verb agreement defilement in Sesotho

The article explores the violation of grammatical agreement in Sesotho. Grammatical agreement is a significant characteristic in sentence construction. There should be covariance relations between the noun phrase (NP) subject and the device that links it with the verb phrase. However, I have observed that language users violate this agreement relation in their daily conversation. Using the Minimalist Program, sentences collected from native speakers casual conversations were analysed to identify the type of NPs that are commonly associated with the non-corresponding agreement device. The collected sentences were further examined to investigate factors that contribute to the phenomenon. The analysed data reveal that NPs that comprise titles and metaphoric nouns are the ones mostly used in sentences that violate the agreement relation, while lack of knowledge of syntactic rules, semanticity of noun classification and negligence are the contributing factors.

Can't or won't? Intentions mitigate reactions to violations of reciprocal altruism agreements.

Can't or won't? Intentions mitigate reactions to violations of reciprocal altruism agreements.

UPAYA HUKUM PENYELESAIAN WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA KENDARAAN

This journal looks at the legal options available to settle cases involving late payments, such as those involving car rentals and rental contracts. This study's primary goal is to examine the different default settlement options and take into account potential obstacles and solutions for the parties concerned. A combination of empirical research and normative legal analysis is one of the research methodologies employed. This information was gathered by reading up on relevant laws and regulations, reviewing legal literature, and examining court cases involving violations of car rental agreements. According to research, there are a number of ways to resolve payment defaults, including court cases, arbitration, and mediation. The most popular remedies include the time and money needed for the settlement resolution process, as well as the complexity of the law.

Legal Consequences of Default in the Franchise Agreement Based on the Case Study (Decision of the Sukoharjo District Court Number 18/Pdt.G/2018/PN Skh)

Franchise, namely an agreement in which one party is given the right to utilize and use intellectual property rights owned by another party in return for a fee based on the terms and sale of goods and or services. This study aims to determine the legal consequences of one of the parties defaulting on the franchise agreement in Decision Number 18/Pdt.G/2018/PN Skh and to find out how to resolve disputes for the franchisor and franchisee in the event of a violation of the franchise agreement. To achieve this goal, the researcher uses normative juridical research, then this normative legal research is based on primary and secondary legal materials. In 2018, the Plaintiff has run the Pinky Guard franchise business, which will be opened in Manado with the defendant. After the plaintiff fulfilled his obligations by making a number of payments, the defendant apparently did not fulfill the plaintiff's rights. So because of this, the defendant can be said to have committed a default because he was unable to fulfill the obligations stipulated in the franchise agreement.