Author
Ms Tresnawati
Organisation/Institution
Melbourne Law School, University of Melbourne
Country
INDONESIA
Panel
Private International Law
Title
B-Ready, Civilised Nation and Private International Law in ASEAN
Abstract
B-Ready, Civilised Nation and Private International Law in ASEAN Private International Law (‘PrIL’) encompasses three key issues: the applicable jurisdiction, the applicable law, and the recognition and enforcement of foreign judgments and arbitral awards. These three issues attract less attention in most ASEAN jurisdictions. There have been several attempts to foster PIL development in the context of ASEAN and East Asian countries by the Asian Business Law Institute and the Asian Principles of Private International Law. In a scholarly context, the initiative to build networks among Asian PIL scholars has resulted in the Asian Private International Law Academy, which organises annual PrIL conferences. Dynamics in the Council of Chief ASEAN Justices demonstrated an enhanced interest, as evidenced by the invitation to the Hague Conference for Private International Law (‘HCCH’) to convene a master class and open possibilities to ratify several HCCH conventions. However, for unknown reasons, the underdevelopment of PrIL persists in the ASEAN region. Elaborating on each country’s particular reasons for PIL underdevelopment would be impossible to do in a short article, so the best thing to do is to analyse the pattern. I will relate this to the concept of public international law of a civilised nation, and then I will relate it to the measurement of a civilised nation. One of the measurement factors is a central issue in PIL. B-Ready, as a replacement for the World Bank’s Ease of Doing Business Index, updated its latest methodology, which included the recognition and enforcement of foreign judgments in Pillar I of the Regulatory Framework to measure a state’s readiness to do business. These phenomena indicate a global orchestration aimed at fostering PrIL development in ASEAN. Certainly, this is a call for ASEAN’s narrative on PrIL.
Biography
Tresnawati is a PhD candidate at Melbourne Law School, where her research focuses on private international law in the Indonesian context. Her expertise spans private international law, international trade law, and antitrust law. Her professional foundation includes 15 years as a law lecturer at Universitas Kristen Maranatha and Universitas Katolik Parahyangan, complemented by experience as an in-house lawyer for a multinational corporation and a legal consultant. She graduated as valedictorian from Universitas Katolik Parahyangan and earned an LL.M. with distinction from the University of Groningen. Notably, she contributed as a member of the drafting team for the latest Indonesian Bill on Private International Law.
