BATAS DAN TANTANGAN NEGARA DALAM MENENTUKAN PILIHAN HUKUM PADA PERJANJIAN INTERNASIONAL

Abstract

Abstract : This research examines the limits and challenges of states in determining the choice of law in international treaties. Choice of law is an important element that determines legal certainty, fairness, and the effectiveness of dispute resolution. However, a state’s freedom of choice of law is often limited by jus cogens norms, differences in legal systems, and imbalances in political and economic power between states. In addition, the principle of pacta sunt servanda emphasizes that agreements made must be honored in good faith by all parties. The research method used is normative legal research with a statutory approach and analysis of primary, secondary, and tertiary legal materials through literature studies. The results of the research reveal that limiting factors such as national law, the principle of pacta sunt servanda, and jus cogens norms reduce the freedom of the state in determining the applicable law. Overcoming these challenges requires strategies such as the application of neutral law and strengthening domestic legal capacity. This research emphasizes the importance of a comprehensive approach in order to create international agreements that are fair, effective, and at the same time able to protect national interests.