Law Commons^™

Urgensi Pembentukan Laporan Khusus Sebagai Solusi Alat Bukti Surat Dalam Penanganan Kasus Tppu Di Indonesia: Pintu Optimalisasi Hubungan Ppatk-Penyidik, Amanda Geraldine, Altuti Altuti, Muhamad Rayhan Firmansyah

Jurnal Hukum & Pembangunan

The Financial Transaction Reports and Analysis Centre or Financial intelligence unit (FIU) is an independent institution that has helped to eradicate and prevent money laundering crimes based on reports used as evidence or evidence in investigations. PPATK analysis report is made based on the report of the income and expenditure of unusual financial accounts by referring to the profile and identity of the owner. Financial Transactions requested by PPATK to be reported by the reporting party because it involves assets suspected of originating from the proceeds of a criminal offence. FATF has issued 40 specific recommendations (forty recommendations) and the …

Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past

Brooklyn Journal of International Law

So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …

Is Investment Arbitration An Effective Alternative To Court Litigation? Towards A Smart Mix Of Litigation And Arbitration In Resolving Investment Disputes, Wanli Ma, Michael Faure

Brooklyn Journal of International Law

This article analyzes litigation and arbitration as commonly used methods for dispute resolution, more particularly between foreign investors and host states. It compares investor-state dispute settlement (ISDS) via investor-state arbitration with dispute resolution via domestic courts in the host state. The article adopts a goal-based approach for assessing the effectiveness of international adjudication and analyzes the extent to which the current ISDS system is aligned with its predetermined goals. The article starts by identifying four goals of ISDS: 1) fair and efficient dispute resolution, 2) norm compliance, 3) facilitating the objectives of the investment law regime, and 4) legitimizing the …

Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek

Brooklyn Journal of International Law

For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …

Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken

Brooklyn Journal of International Law

The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to …

Embracing The End: A Comparative Analysis Of Medical Aid In Dying In Canada And The United States, Joel Krinsky

Brooklyn Journal of International Law

Since the late nineteenth century, debate has unfolded over the use of euthanasia and physician-assisted death to alleviate the suffering of individuals with medical illnesses. The controversy surrounding the issue persists and its implications are significant. While most countries prohibit Aid in Dying (AID), legalization of the practice has expanded globally in recent years. Canada and the United States (US) are two such jurisdictions that have expanded access to AID. Canada has federally legalized the practice, which the country refers to as Medical Aid in Dying (MAID), and in 2021, the country expanded the eligibility criteria for individuals seeking access …

Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market, Adiwarman Adiwarman

Indonesia Law Review

Shareholder protection is the most important legal issue in capital market law. Conflict of interest is one of the corporate actions in the capital market. The property rule requires independent shareholders’ approval for conflicts of interest transactions. The property rule paradigm empowers independent shareholders in the company’s decision-making process. In practice, listed companies violate the property rule and are subject to sanctions, but the rights of shareholders will be reduced due to fines imposed by the capital market authorities. A normative method is used to answer the problem of how does Indonesia enforce the conflict of interest rule in order …

Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country, Enrico Denis Sihotang

Indonesia Law Review

On 21 December 2018, the European Union (EU) issued a regulation titled Renewable Energy Directive II (RED II), where the RED II policy introduced the indirect land use change (ILUC) criteria for palm oil. RED II states that palm oil is classified as a commodity with a “ high ILUC risk” type, and as such, the EU will gradually reduce palm oil consumption and no longer use palm oil by 2030. Indonesia brought this issue to WTO in 2020. Indonesia, through its consultation, argued that the RED II is inconsistent with the few provisions of the General Agreement on Tariffs …

An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries, Mochammad Arief Agus, Andi Muhammad Irvan Alamsyah

Indonesia Law Review

Practical improvements in the national institution context brought numerous changes regarding interactions between The Constitutional Court & The legislature including contemporary polemics. The check and balances framework is important to be noticed related to the Judge’s Independence. Aswanto’s recall as one of the Judges of the Indonesian Constitutional Court encourages us to elaborate more about the essence of independence. At the same time, checks and balances should stand out. What is the legal standing of any actions taken by the parliament to the constitutional court? How do developed countries practice the relationship between the legislature and the judiciary? The answer …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam

University of Miami International and Comparative Law Review

This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the use of technology throughout our daily lives, digital abuse has become more prevalent and particularly impacts women and girls. This paper analyzes the national action plans on gender-based violence in Australia and South Africa and explores how the United States can create …

Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu

University of Miami International and Comparative Law Review

Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the …

Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz

University of Miami International and Comparative Law Review

This Note argues that U.S. interdiction of asylum seekers at sea and the Migrant Protection Protocols (MPP) program undermine the object and purpose of international refugee law. The U.S. Government uses both practices to evade its international obligation of non-refoulement, or non-return. Such practices unjustly restrict access to asylum in the U.S. These policies can be characterized as tools of “neo-refoulement.” Neo-refoulement is a strategy used to foreclose the possibility of asylum. It allows States parties to the 1951 Refugee Convention to evade their international obligation to refrain from returning people to places where they may be at risk of …

Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba

University of Miami International and Comparative Law Review

Technological advances in the 21st century pose new threats to human rights from business activities. In this new technological age, individuals and communities engage through an increasing myriad of digital means and platforms, all facilitated by a smaller, more powerful set of global BigTech companies, such as Microsoft, Apple, Google, and Meta (formerly known as Facebook). In so doing, however, our lives as workers, consumers, and citizens become subject to increasing corporate control through surveillance capitalism and algorithmic governance. With the dawn of metaverses—3D immersive digital environments in which you can interact with others via avatars and through virtual and …

From The Vatican With Cash: Prosecuting Money Laundering In London Real Estate, Jane Tien

University of Miami International and Comparative Law Review

It is no news that donations from the Catholic faithful reemerge from the dark underground of Church finances as lace vestments, embroidered mitres, velvet slippers, and posh mansions. A year after Pope Francis announced the overhaul of the Vatican’s antimoney laundering (AML) laws, a makeshift courtroom in the Vatican Museum witnessed the largest criminal trial in the Vatican’s modern history. At the center was Cardinal Angelo Becciu—the former No. 3 in the Vatican—for allegedly defrauding the Vatican’s investment in London real estate. After the tumbrels, now comes the reckoning: How could the Vatican mend a broken system and effectively tackle …

Gender Justice And Human Rights Symposium: Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman

University of Miami International and Comparative Law Review

No abstract provided.

Recommendations For Sustainable Tourism In Patagonia: An Exploratory Analysis Of Sustainable Tourism In Costa Rica, The Nordic Region, And Thailand’S Communities, Julia K. Lowery

Undergraduate Honors Theses

This thesis explores different levels of governance and its role towards actualizing sustainable tourism in Patagonia. With the growing threat of climate change, international destinations such as Patagonia are looking to continue building their tourism industries in a sustainable way. Through analyzing case studies of national governance in Costa Rica, multi-national governance in the Nordic region, and community-based tourism in Thailand, we can better understand how each form of governance has the potential to create a sustainable tourism industry. With this understanding of successful governance in my case studies, as well as understanding the historical and political forces that have …

Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser

Global Business Law Review

Protecting intellectual property relating to marijuana is a complicated endeavor. The federal ban on marijuana renders trademark protection difficult at best, and patent protection, while available, still rife with complications. In Europe, the laws pose similar challenges in the protection and enforcement of marijuana related intellectual property. This Note presents a comparative law analysis of the various ways marijuana related intellectual property may be protected in the United States and Europe. Different types of intellectual property protection explored include utility patents, design patents, trademarks, plant patents, Plant Variety Protection Act coverage, and Community Plant Variety Act coverage. This Note explores …

Lower-Income Countries’ Ongoing Quest For International Tax Justice: A Case Study Of The Oecd’S Tax Allocation Proposal, Okanga Ogbu Okanga, Kim Brooks

Articles, Book Chapters, & Popular Press

The viability of our international tax system hinges on two things: (1) safeguarding the effective flow of international activities and (2) ensuring that countries can adequately collect tax on the income derived from those activities. Each of these fundamentals relies on a defensible/fair allocation of taxing rights between countries with competing tax jurisdiction (inter-nation equity).

The recent Organisation for Economic Co-operation and Development (OECD)-led multilateral effort to transform international tax rules to ensure that countries can adequately tax multinational enterprises (MNEs) operating in the global digital economy (OECD proposal) has reignited inter-nation equity conversations. Although important to all countries, inter-nation …

The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

South Korean Court’S Landmark Decision Against North Korea, Hyesoo Hahn

CICLR Online

During the Korean War, about 50,000 to 70,000 South Korean soldiers were taken prisoner of war (POW) by North Korea and its allies. While North Korea claimed that most South Korean POWs expressed to remain in North Korea and repatriated only 8,343 POWs, 80 South Korean POWs who escaped from North Korea told a different story. Most testified that they were never asked whether they want to return to South Korea, and some testified that they were forced to say they want to remain in North Korea. Held captive against their will, 50,000 South Korean POWs were sent to North …

The Legality Of Russian Gray-Market Imports, Ruben Attia

CICLR Online

In its efforts to cope with Western sanctions implemented in response of its invasion of Ukraine, Russia launched the parallel imports scheme, allowing the importation of many goods without the consent of their intellectual property right-holder. Such goods are called grey market goods because they have been formulated or packaged for a particular jurisdiction and are imported into a different jurisdiction in contradiction to the brand owner’s intention. The value of parallel imports in Russia may well attain $16 billion by the end of 2022, as reported by Russian Minister of Industry and Trade Manturov. The Russian scheme also protects …

The Law Applicable To Trademark Gift Deeds: A Study Of The Provision Of Article 49 Of Kuwait Law No. 5 Of 1961 Regulating Relationships With Foreign Elements Law Applicable To Trademark Gift Contract: A Study Of Article 49 Of Kuwaiti Law No. 5 Of 1961 Regulating Relations With Foreign Parties, Bashayer Alghanim Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This paper addresses the question of the law applicable to a trademark gift deed involving a foreign element as trademarks have become movable, intangible assets that can be transferred to third parties. The significance of studying the applicable law lies in the fact that it helps identify the law applicable to a trademark gift deed that involves a foreign element pursuant to Article 49 of Kuwait Law No. 5 of 1961.

This paper attempts to clearly characterise a gift deed in order to avoid confusion with other forms of deeds, such as sale deeds and wills. It also tries to …

Intersectionality In International Criminal Law Symposium, Cardozo International & Comparative Law Review

Event Invitations 2022

The Cardozo International & Comparative Law Review hosted a virtual symposium on intersectionality and how international criminal law can account for structural drivers of violence. Through critically questioning discriminatory systems and applications of the law, this symposium analyzes how the Rome Statute governs international criminal law, as exemplified by the International Criminal Court's rulings on enslavement.

This symposium features Alexandra Lily Kather, International Criminal Lawyer and Co-Founder of Emergent Justice Collective; Nick Leddy, Head of Litigation at Legal Action Worldwide; Priya Gopalan, International Criminal Lawyer and Member of the UN Working Group on Arbitrary Detention; moderated by Ramya Kudekallu, Telford …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom, Myrisha S. Lewis

Faculty Publications

The U.S. is often characterized as a leader in innovation—a home of Nobel Prize‐winning scientists, innovators, and abundant research funding. Yet, in the area of assisted reproduction combined with genetic modification or substitution, what I call “reproductive genetic innovation,” that characterization begins to wane. This Article focuses on the regulation of mitochondrial transfer, a subset of reproductive genetic innovation. While human clinical trials related to mitochondrial transfer go forward in the U.K., the clinical use of the technique remains illegal in the U.S. due to a system of subterranean regulation by the U.S. Food and Drug Administration and a now-recurring …

Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Legal Perspectives On The Streaming Industry: The United States, Irene Calboli

Faculty Scholarship

In the past decade, streaming has become one of the most popular formats of “consuming” entertainment and other content—from music to videos, and concerts, sports, conferences, and other events. In the United States, the majority of consumers subscribe to one or more streaming services today. Popular streaming services include famous platforms such as Spotify, Netflix, Apple Music, or Apple TV, Pandora, YouTube, and more. Beside subscription-based services, several of these platforms offer “freemium,” or ad-paid version of their services, which allow users to access content with advertisements for free. As elaborated in several industry reports and other publications, the rise …

Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula

Elisabeth Haub School of Law Faculty Publications

In December 2021, following a year of sustained mass protests, farmers in India forced the repeal of three controversial Farm Laws that attempted to deregulate India’s agricultural sector in service of corporate interests. Farmers feared that the laws would dismantle price supports for key crops, jeopardize their livelihoods, and facilitate a corporate takeover of India’s agrarian economy. This Article situates India’s historic farmer protests in the context of the country’s longstanding agrarian crisis and the corporate capture of agriculture worldwide. I argue that the protests arose in response not only to the Farm Laws, but also to decades of state-sponsored …