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Articles 61 - 90 of 543
Full-Text Articles in Law
Retrying The Acquitted In England Part Iii: Prosecution Appeals Against Judges' Rulings Of "No Case To Answer", David S. Rudstein
Retrying The Acquitted In England Part Iii: Prosecution Appeals Against Judges' Rulings Of "No Case To Answer", David S. Rudstein
San Diego International Law Journal
The Order in Council permitting the prosecution appeal of "Mo" Courtney's acquittal and allowing him to be retried for the same offense of which he had previously been acquitted stems from the Criminal Justice Act 2003. That Act, which applies in England and Wales, grants the government the right to appeal certain rulings by the trial judge in criminal prosecutions on an indictment, including a ruling that there is no case to answer, i.e., a directed verdict of acquittal, and if the appeal is successful, allows the reviewing court to order that the acquitted defendant?s trial be resumed or that …
About Coincidence, Nancy Bellhouse May
About Coincidence, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden
The Journal of Appellate Practice and Process
No abstract provided.
Presidential Authority And The 2001 Constitution Of Senegal, Judy Scales-Trent
Presidential Authority And The 2001 Constitution Of Senegal, Judy Scales-Trent
North Carolina Central Law Review
No abstract provided.
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Indonesian Journal of International Law
There are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi …
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Indonesian Journal of International Law
The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing …
The Global Politics Of Food: A Critical Overview, Nancy Ehrenreich, Beth Lyon
The Global Politics Of Food: A Critical Overview, Nancy Ehrenreich, Beth Lyon
University of Miami Inter-American Law Review
No abstract provided.
The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law, Li Enshen
Indonesian Journal of International Law
Guaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues …
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
Indonesian Journal of International Law
After the 9/11 attack, the US government called upon global war on terror (GWOT). Then terrorism has been considered as a threat of global security. It is, therefore, has led both national and international concern under US hegemony. Furthermore, it has affected the proliferation of many national counter-terrorism laws. The terrorist attacks have threatened Indonesia over years. Under the act No.15/2003 jo No.1/Prp/2002 the Indonesian government has successfully conducted prosecutions to the terrorism perpetrators. However, it is identified that there are such violations regarding to international human rights rules and standards. The concern in handling terrorism demands a balance concern …
The Rise Of National Regulatory Autonomy In The Gatt/Wto Regime, Michael Ming Du
The Rise Of National Regulatory Autonomy In The Gatt/Wto Regime, Michael Ming Du
Michael Ming Du
This paper sets forth two arguments. First, to respect a WTO Member’s national regulatory autonomy in the world trading system is essential to ensure the WTO’s long term success in light of the WTO’s institutional constraints, the WTO’s underlying philosophy and the WTO’s nature as an incomplete contract. Second, and contrary to many popular criticisms against the WTO’s allegedly intrusive penetration to national regulatory autonomy, this paper argues that these critics have failed to appreciate the recent WTO case law developments. Indeed, the recent WTO case law has shown that the WTO Appellate Body has quietly fine-tuned its previous jurisprudence …
The Economic Theory Of Derivative Actions, Diego G. Pardow
The Economic Theory Of Derivative Actions, Diego G. Pardow
Diego G. Pardow
This paper offers a model to formalize the economic theory of derivative actions developed during the last 30 years. From this perspective, the derivative action presents two interrelated problems. The first is how to solve the collective action problem that prevents that minority shareholders file a suit. The second is how to control the risk of collusive settlements between the defendant manager and the plaintiff’s attorney. This model identifies the fundamental tradeoffs that are implicit in these problems, as well as an optimum that could be used as normative benchmark. In brief, it argues that if the goal of derivative …
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Bernard Sama
The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …
Copyright Infringement Liability Of Placeshifting Services In The United States And Japan, Naoya Isoda
Copyright Infringement Liability Of Placeshifting Services In The United States And Japan, Naoya Isoda
Washington Journal of Law, Technology & Arts
Placeshifting is a convenient service that enables customers to enjoy television programs from their home countries even if they are in foreign countries. Placeshifting works by receiving/recording a television program in one country and then transmitting the digital data to customers everywhere in the world via the Internet upon each customer’s request. Because placeshifting may be involved with recording and/or transmitting copyrighted content, service providers must face the question whether they may be liable for copyright infringement. In the United States, the Second Circuit in Cartoon Network v. CSC Holdings decided the legality of placeshifting by requiring a “volition element” …
The Limits Of Global Judicial Dialogue, David S. Law, Wen-Chen Chang
The Limits Of Global Judicial Dialogue, David S. Law, Wen-Chen Chang
Washington Law Review
The notion that “global judicial dialogue” is contributing to the globalization of constitutional law has attracted considerable attention. Various scholars have characterized the citation of foreign law by constitutional courts as a form of “dialogue” that both reflects and fosters the emergence of a common global enterprise of constitutional adjudication. It has also been claimed that increasing direct interaction between judges, face-to-face or otherwise, fuels the growth of a global constitutional jurisprudence. This Article challenges these claims on empirical grounds and offers an alternative account of the actual reasons for which constitutional courts engage in comparative analysis. First, it is …
Cross-Border Contributory Patent Infringement In Germany, Heinz Goddar
Cross-Border Contributory Patent Infringement In Germany, Heinz Goddar
Washington Journal of Law, Technology & Arts
This Article examines recent German court decisions analyzing Section 10 of the German Patent Act (“PatG”), which governs cases of contributory patent infringement, focusing in particular on the implications of recent decisions on potential cross-border infringement. The Article offers recommendations on how judicial scrutiny of contributory infringement in Germany may be streamlined in light of potential evidentiary problems and concludes with a case study of how German courts might analyze a situation like that faced by the United States Court of Appeals for the Federal Circuit in AT&T v. Microsoft.
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Indonesian Journal of International Law
In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of …
La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva
La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva
University of Miami Inter-American Law Review
No abstract provided.
Introduction: Politicizing The Everyday, Nicholas Espíritu
Introduction: Politicizing The Everyday, Nicholas Espíritu
University of Miami Inter-American Law Review
No abstract provided.
Introduction: Lessons Learned From Indonesia, Latin America, And The United States, Douglas West
Introduction: Lessons Learned From Indonesia, Latin America, And The United States, Douglas West
University of Miami Inter-American Law Review
No abstract provided.
Litigio Estrategico Contra La Siembra De Maiz Geneticamente Modificado En Mexico,, Miguel Rábago Dorbecker, Graciela Rodriguez, Luis Miguel Cano, Luis Fernando Garcia
Litigio Estrategico Contra La Siembra De Maiz Geneticamente Modificado En Mexico,, Miguel Rábago Dorbecker, Graciela Rodriguez, Luis Miguel Cano, Luis Fernando Garcia
University of Miami Inter-American Law Review
No abstract provided.
Global Law And The Environment, Robert V. Percival
Global Law And The Environment, Robert V. Percival
Washington Law Review
This Article explores three areas in which globalization is profoundly affecting the development of a global environmental law. First, countries increasingly are borrowing law and regulatory innovations from one another to respond to common environmental problems. Although this is not an entirely new phenomenon, it is occurring at an unprecedented pace. Second, lawsuits seeking to hold companies liable for environmental harm they have caused outside their home countries are raising new questions concerning the appropriate venue for such transnational liability litigation and the standards courts should apply for enforcement of foreign judgments. Third, nongovernmental organizations are playing an increasingly important …
Trade Liberalization And Obstacles To Food Security: Toward A Sustainable Food Sovereignty, Peter Halewood
Trade Liberalization And Obstacles To Food Security: Toward A Sustainable Food Sovereignty, Peter Halewood
University of Miami Inter-American Law Review
No abstract provided.
Nafta's Trojan Horse & The Demise Of The Mexican Hog Industry, Pamela A. Vesilind
Nafta's Trojan Horse & The Demise Of The Mexican Hog Industry, Pamela A. Vesilind
University of Miami Inter-American Law Review
No abstract provided.
Introduction: The Global Politics Of Food, Carmen G. González
Introduction: The Global Politics Of Food, Carmen G. González
University of Miami Inter-American Law Review
No abstract provided.
The Impact Of Indonesian Agricultural Policies On Indigenous Populations, Natural Resources And The Economy: The Limits Of Democratic Self-Determination Under Capitalist Regimes, Scott Brainard
University of Miami Inter-American Law Review
No abstract provided.
Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman
Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman
Michigan Journal of International Law
At the symposium on "Successes and Failures in International Human Trafficking Law" at the University of Michigan Law School in February 2011, I addressed the topic of international sex trafficking law, particularly the Swedish law that prohibits the purchase of sex while simultaneously decriminalizing the prostituted person. Being asked to address trafficking, I was surprised by the name given to my panel: "Kidnapped at Home, Sold Abroad: Sex Trafficking in the International Community." This surprise was owing to the fact that in the most current international instrument defining trafficking, the United Nation's so-called Palermo Protocol, nowhere is the term "kidnapping" …
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesian Journal of International Law
Within the framework of national integrity the ocean possesses two key aspects that is, of security and prosperity. The demarcation of the outer limits of national mari- time territory and jurisdiction including delimitation of boundaries with neighboring countries will provide a legal basis for a number of marine activities such as defense, fisheries, navigation, seabed and subsoil exploration and exploitation, marine tourism and others. Boundary issues for Indonesia, whether on land, at sea even in the air, have always been a matter of national priority. At present, Indonesia still have some unresolved boundary delimitation with its neighboring countries. The completion …
Once More Unto The Breach: Some Thoughts On The Future Of The Eez, Guy Des Rosiers
Once More Unto The Breach: Some Thoughts On The Future Of The Eez, Guy Des Rosiers
Indonesian Journal of International Law
By public international law standards, the Exclusive Economic Zone (EEZ) maintains a relative newcomer, the product of State practice following the end of the Second World War and multilateral negotiations culminating with the entry into force, in November 1994, of the 1982 United Nations Convention of the Law of the Sea, In defining the EEZ, the Convention has created a sui generis legal regime over vast areas that were previously part of the high seas. Neither Grotian nor Seldenian in spirit, the EEZ regime forgoes the absolute language of territory and sovereignty in favor of discrete sets of rights and …
From Bali To Copenhagen: Indonesia's Position And Role In International Negotiation To Establish A Post-Kyoto Protocol Agreement On Climate Change, Syamsul Hadi
Indonesian Journal of International Law
In the light of upcoming end of the Kyoto Protocol in 2012, international society is in the urgent need to arrange a new international agreement to cope more with the issue that has been threatening both today and the future generation. In this context, Indonesia has attempted to contribute a positive role to seek international consensus on the climate change negotiations, including by becoming the host of Un Conference on Climate Change in Bali (2007), whoch resulted in the Bali Roadmap and Bali Action Plan, both of which has become important stepping stone for the Post-Kyoto Protocol international regime. However, …
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
Dr. Muhammad Munir
Islamic law makes a distinction between combatants (those who fight) and non-combatants (those who do not fight) and allows fighting with the former and protection to the latter. The Prophet (PBUH) and his four successors have been issuing instructions to their armies against the killing of civilians. Modern Orientalists rely on Khudduri who has relied on Tabari and who in turn has relied on Waqidi to present a very distorted version of Islamic jus in bello. The work critically evaluates Tabari’s methodology.