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Indonesian Journal of International and Comparative Law

International Law

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Afghan Juvenile Code In Practice: Assessing Against International Juvenile Law, Christopher W. Carlson Jr. Sep 2016

Afghan Juvenile Code In Practice: Assessing Against International Juvenile Law, Christopher W. Carlson Jr.

Indonesian Journal of International and Comparative Law

This Article assesses and compares Afghanistan’s juvenile procedures with the systems and norms advocated by the United Nations (“UN”). The Afghan Juvenile Code of 2005 is compared with the UN Convention on the Rights of the Child’s four key guidelines. The four guidelines include: (1) imprisonment of juveniles “shall be used only as a measure of last resort”; (2) any such imprisonment shall be “for the shortest appropriate period of time”; (3) juveniles who are in prison shall be “separated from adults”; and (4) they shall have the right to maintain “family contact.” These guidelines serve as a medium through …


India's Companies Act Of 2013: A Governance Shift Into The Sunlight, Sarah C. Alvy Jan 2015

India's Companies Act Of 2013: A Governance Shift Into The Sunlight, Sarah C. Alvy

Indonesian Journal of International and Comparative Law

Recently enacted, the Companies Act of 2013 overhauls India’s corporate governance framework and has left the country anticipating whether implementation of the Act will be successful in attaining its policy objectives. This Article examines and critiques three provisions of the Act, including mandatory female board directorship, corporate social responsibility, and auditor rotation. The Article uses global business case studies to argue, from a managerial perspective, that each provision will enhance corporate governance and oversight, resulting in a more efficient Indian capital market. Also, the Article comments on how the U.S. could emulate India in adopting a regulation designed to increase …


All Bark And No Bite? Rhetoric And Reality In The War On Terror, Roslyn Fuller Jan 2015

All Bark And No Bite? Rhetoric And Reality In The War On Terror, Roslyn Fuller

Indonesian Journal of International and Comparative Law

This paper argues that not only has the “war on terror” failed to hinder terrorism, it has also unequivocally failed to have any appreciable impact on the content of international law. The doctrine of the “war on terror” initially combined aspects of human rights and humanitarian legal regimes together with a much broadened definition of the term “conflict” and those who could be viewed as legitimate targets in a conflict. However, this new framework, put forward mainly by the United States failed to gain traction among other States, and even among US agencies. Thirteen years after the War on Terror …