ژئوپلیتیک

The Regional Comprehensive Economic Partnership (RCEP) is a ground-breaking free trade agreement that encompasses fifteen Asia-Pacific nations, including significant economies such as China, Japan, South Korea, and Australia. The Regional Comprehensive Economic Partnership (RCEP), which was signed in 2020, is one of the most significant free trade agreements in the world. It is comprised of 15 nations, including the ASEAN countries. The primary objective of the paper is to investigate the RCEP as a geopolitical strategy, examining its formation and significance, as well as elucidate on the issues and challenges associated with its implementation in order to effectively promote global trade and regional stability. This article also examines the strategic benefits that are crucial to RCEP member’s interests and the motivations that underlie their participation. The paper employs a doctrinal legal approach to analyse the strategic significance, implications, and formulation of the RCEP. The results indicate that the RCEP substantially improves regional economic integration, reduces economic dependencies, and decreases susceptibility to external trade conflicts. China’s leadership in RCEP, which establishes it as a central participant in regional trade and counters Western influence, supports the Belt and Road Initiative. The agreement enhances intra-regional trade, reduces Western leverage, and cultivates a collaborative framework that transforms the geopolitical landscape of the Asia-Pacific region.

This article explores the concept of critical geopolitics to understand how international trade laws influence access to medicines within the framework of the TRIPS agreement. Classical geopolitics traditionally emphasizes how geographical features shape state strategy and global power dynamics, whereas critical geopolitics interprets geographical arrangements as constructs shaped by political, economic, and technological forces. By adopting a critical geopolitics approach, this article investigates how developed and developing nations use their ideas, actions, and interpretations of international trade laws to influence the implementation of TRIPS provisions in their favor. The TRIPS agreement, a multilateral treaty aimed at standardizing global intellectual property laws, often benefits developed nations by strengthening patent protections, which in turn restricts access to affordable generic medicines in developing and least developed countries. Despite the inclusion of safeguards and flexibilities designed to promote broader access to medicines, significant inequalities in access persist. This article examines the differential application of TRIPS across diverse national contexts, focusing on how developed and developing nations collaborate—or conflict—in balancing the need for strong patent protection with the imperative of public health access. By analyzing these geopolitical dynamics, the study illuminates the strategic actions employed by nations to navigate the intricate relationship between international trade law and access to pharmaceuticals. The findings offer important insights into the power imbalances that shape global health outcomes under the TRIPS regime.

The regionalisation of international trade rules represents a significant evolution in the global trading system, characterized by the increasing prevalence of regional trading agreements (RTAs) alongside multilateral frameworks like the General Agreement on Tariffs and Trade (GATT). These arrangements aim to enhance trade relations and reduce barriers within specific regions, reflecting localized approaches to trade liberalization. Different regional trade agreements may have conflicting rules and standards, leading to a fragmented global trading system. This can create barriers for countries outside these agreements, making it harder for them to access markets. This paper aims to explore the regionalisation of international trade rules, examining the development and impact of various regional trading arrangements (RTAs) within the framework of the General Agreement on Tariffs and Trade (GATT). A doctrinal method is used in articles which discuss the regionalization of international trade rules and the impact of various regional trading arrangements (RTAs) within the framework of the General Agreement on Tariffs and Trade (GATT). The research found that the increase in regionalization of international trade rules has transformed the global trade landscape. Despite their benefit, the interconnectedness of numerous trade agreements can lead to complexity and inefficiencies that can weaken the multilateral trading system.

Free trade can influence political stability by fostering economic growth, reducing poverty, and increasing employment opportunities, leading to a more content and stable society, while also potentially reducing tensions by creating interdependencies with other countries. While free trade offers many benefits, free trade also brings monopolization and corporate Power. It can be seen in favor of large multinational corporations that have the resources to dominate markets. The objective of the article is to examine how Malaysia's free trade agreements work with Pakistan, New Zealand, India, and Australia that have influenced political stability. While free trade is often touted as a mechanism for economic growth and political cooperation, its impact on political stability remains complex. So, this article will analyze whether these trade agreements have effectively contributed to Malaysia's political stability, considering both positive outcomes and potential risks. The methodology employs a mixed-method approach, including a qualitative, doctrinal and socio-legal approach. The results shows that Malaysia's free trade agreements with Pakistan, New Zealand, India, and Australia have impacted economic growth, more foreign investment, and stronger diplomatic relations, created a more stable political environment and making Malaysia more resilient to economic shocks. The article also suggests for strengthening the bilateral agreement between all countries for boosting economic market.

As a developing Southeast Asian state, Malaysia actively engages in Regional Trade Agreements (RTAs), such as ASEAN Free Trade Area (AFTA), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and ASEAN-China Free Trade Area (ACFTA), to pursue economic and geopolitical goals. However, these agreements present challenges due to legal complexities, geopolitical dynamics, and economic consequences. This research explores  As a developing Southeast Asian state, Malaysia actively engages in Regional Trade Agreements (RTAs), such as ASEAN Free Trade Area (AFTA), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and ASEAN-China Free Trade Area (ACFTA), to pursue economic and geopolitical goals. However, these agreements present challenges due to legal complexities, geopolitical dynamics, and economic consequences. This research explores Malaysia's strategic involvement in RTAs, focusing on their development, legal frameworks, geopolitical implications, and economic impacts. This study utilizes a doctrinal legal research methodology to analyze primary and secondary sources, including legal documents, treaties, and scholarly publications, with the goal of uncovering significant themes, recurring patterns, and deeper insights. The findings indicate that although Malaysia participates in regional trade agreements (RTAs) to bolster economic resilience and foster regional integration, their effective management is challenged by constantly evolving geopolitical dynamics and uncertainties. This study contributes to ongoing discussions on regionalism and multilateralism within the global trade system.

The relationship between international disputes and international trade is a complex and crucial field of research. Conflicts at the international platform can cause geopolitical instability, thus it affects global trade. Comprehending the impact of political dynamics on trade contacts is essential for maintaining global economic stability. This study investigates the impact of political ties on the volume of bilateral trade, suggesting that positive political relationships increase trade, while negative ones decrease it. Using utility theory, we examine the common ideas held by customers and trade corporations. This theory examines the factors that influence the decision making of individuals which later can provide understanding and insights into the potential consequences of political conflicts on global trade. As a result, it has a big effect on how importers and exporters interact with each other. Our study utilises empirical analysis of monthly trade data to investigate the influence of oscillations in commerce on political ties between nations. Our research suggests that when political relationships deteriorate, it results in enduring alterations in trade patterns, but fluctuations in commerce have little long-term impacts on political relations. This research offers valuable insights into the correlation between political conflict resolution and the stabilisation and promotion of international trade.

For years, World Trade Organization (WTO) Members avoided invoking the security exception, leaving unresolved tensions between its self-judging nature and the compulsory jurisdiction of WTO panels. However, in 2017 and 2018, several panels were established after respondents justified measures as essential for national security. The rise in economic sanctions has heightened the importance of WTO security exceptions, which permit otherwise WTO-inconsistent measures like discriminatory tariffs. The broad scope of the national security exception in Article XXI of the GATT poses challenges due to potential abuse. Through a detailed analysis of the legal framework and standards of proof, this article explores the limits of this exception and proposes reforms to balance national security and free trade. It finds that while necessary, the exception's misuse of protectionism threatens global trade stability. The study calls for more explicit guidelines, transparency, and robust dispute resolution to prevent abuse

Malaysia has been a key trading partner with the US and China since its independence. However, the US's imposition of safeguard tariffs has triggered a trade conflict with China, indirectly impacting Malaysia's supply chains and global pricing. This paper aims to explore the implications of the US-China trade war on Malaysia, focusing on the resulting international trade tensions among the involved countries. Using a doctrinal-qualitative approach, the trade policies of these three nations are analysed. With China's investment in Malaysia growing under the Belt and Road Initiative (BRI), the potential for investment diversion from China is high. However, Malaysia faces strong competition from ASEAN countries for this investment relocation, necessitating proactive economic development measures. This paper suggests that Malaysia needs to anticipate the future of multilateral trade with the US and China to effectively navigate these challenges. By addressing these issues, Malaysia can better position itself in the evolving global trade landscape.

International trade regulations are often perceived with the labels of security and stability. World Trade Organization (WTO) being the main organization in this globe to regulate and facilitate affairs of international trade has established a stable system for its member states to deal with trades being done between them. Malaysia and China are both member states of the WTO, and these two countries had a long history of trade relationship to date, and the Belt and Road Initiative (BRI) would signify as the latest proof of the business relationship between China and Malaysia Through years of progress, Malaysia has become an important partner of China in Belt and Road cooperation and has achieved fruitful results in economic and trade cooperation. Even though the BRI is still rapidly developing till today, looking at this initiative on the legal side, actually there is no law ever enacted in line to handle legal issues born from the initiative specifically, which there are two reasons contributing to such matter generally, namely BRI’s lack of basis in public international law and the difference in legal systems of BRI participating countries. As such, this doctrinal study will use a qualitative method to look into the legal issues of BRI through three aspects, namely: (i) institutional issues; (ii) dispute resolution; and (iii) criminal issues, beside discussing the impact of BRI towards Malaysia from an economic perspective.

ASEAN's active participation as a third party in the World Trade Organization (WTO) Dispute Settlement Mechanism (DSM) preserves its economic interests while strengthening regional cohesion and cooperation. However, challenges such as limited resources, diverse national interests, and lack of legal competence remain. This paper examines the benefit and challenges of ASEAN’s participation as third parties in the WTO through qualitative document analysis and critical case studies. It underscores the need for third-party involvement in enhancing WTO DSM, boosting transparency, and contemplating broader global trade effects. The study proposes capacity-building efforts, improved intra-ASEAN cooperation, and partnerships with other WTO members and international organizations. As ASEAN's economic integration and global trade, activity grows, so will its role in the WTO DSM, underlining the importance of strategic and collaborative engagement in international trade law and policy. 

In June 2014, Ayatollah Ali Al-Sistani issued a fatwa mandating Iraqis to volunteer in the security forces to fight against ISIS. Consequently, the Popular Mobilization Forces (PMF), otherwise called Alhashd Alshabi, were formed primarily from these volunteers, most of whom were Shias. In December 2016, the Iraqi Parliament issued a law that granted full legal status to the PMF. However, the PMF continued to face accusations of disobedience to the laws of the Iraqi state and the orders of the Commander-in-Chief of the Iraqi Armed Forces, raising concerns about its impact on the state's stability. This article aims to examine the nature of some PMF violations of the rule of law, explore the root causes of this phenomenon, and assess the possibility of eliminating or mitigating it. It argues that this phenomenon has social, historical, and religious origins tied to the relationship between the Shia in Iraq and the state. In particular, the internal divisions within the PMF stem from differences in perspectives regarding the rule of law. Thus, the article suggests that addressing this problem requires a long-term strategy beyond mere legal transformations. The article adopts a qualitative approach, which relies on the collection and analysis of data from the literature.