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International and Area Studies

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2019

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Full-Text Articles in Law

Critical Engagement On Digital Sovereignty In International Relations: Actor Transformation And Global Hierarchy, Abid A. Adonis Dec 2019

Critical Engagement On Digital Sovereignty In International Relations: Actor Transformation And Global Hierarchy, Abid A. Adonis

Global: Jurnal Politik Internasional

The idea of digital sovereignty in the last twenty years increasingly reifies into chiefly policy making debates as the reaction of China’s determined activism on internet governance, Snowden’s case, and increasingly big internet corporations’ unchecked endeavors. International actors’ growing concerns on security, economy, data protection, and socio-political issues invoke new discourses on digital sovereignty since it bears global political consequences by nature. This stimulates recent intellectual debate in academic literature on how digital sovereignty affects (or be affected by) international politics. This article critically examines the development of digital sovereignty literatures. This article classifies literature taxonomically on four major themes: …


Indonesia And United States General System Of Preference (Us-Gsp): Eligibility Of Indonesia As A Beneficiary Country, Achmad Ismail Dec 2019

Indonesia And United States General System Of Preference (Us-Gsp): Eligibility Of Indonesia As A Beneficiary Country, Achmad Ismail

Global: Jurnal Politik Internasional

After 3 years, precisely in 2018, the United States reviewed Indonesia's eligibility in receiving US-General System of Preference (US-GSP) facilities. Interestingly, the results of the review have not yet been published. This happens for the United States assumes that Indonesia implements various trade and investment barriers that have a negative impact on the United States, one of which is due to the policy of limiting imports of horticultural products, the implementation of Gerbang Pembayaran Nasional (GPN) and so on. Then with the current conditions, how about the eligibility of Indonesia if it want to receive GSP facilities. This article argues …


Indonesia’S Image From China’S Perspective On South China Sea Dispute (A Preliminary Study On China’S Perception On Indonesia), Ardina Kartikasari Dec 2019

Indonesia’S Image From China’S Perspective On South China Sea Dispute (A Preliminary Study On China’S Perception On Indonesia), Ardina Kartikasari

Global: Jurnal Politik Internasional

This paper discusses the image of Indonesia in the eyes of China on the South China Sea (SCS) dispute. China circulated the map of Nine-dotted lines in 1993 and since then China has behaved ambiguously towards Indonesia as the dotted lines encompasses some part of Indonesia’s North Natuna waters. China insists two countries have overlapping interests over some of Indonesia’s Natuna Exclusive Economic Zone which China claims as it traditional fishing ground. China, however recognizes Indonesia’s sovereignty over the Natuna Islands and has been cautious when dealing with Indonesia on the Natuna issue. This behavior continues until the last three …


Towards Perpetual Peace: The Dynamics Of Us And Vietnam Relations Since The Settlement Of Agent Orange Case In 2000, Bhakti Putra Utama, Shary Charlotte Pattipeilhy, Reni Windiani Dec 2019

Towards Perpetual Peace: The Dynamics Of Us And Vietnam Relations Since The Settlement Of Agent Orange Case In 2000, Bhakti Putra Utama, Shary Charlotte Pattipeilhy, Reni Windiani

Global: Jurnal Politik Internasional

Agent Orange is a toxic chemical liquid used by the United States military during the Vietnam War in 1955-1975. The use of chemical weapons is classified as a form of crime due to violations of international agreements. This research tries to explain how Agent Orange has become a significant factor in the dynamics of relations between the US and Vietnam. The dynamics will be analyzed using the concept by Immanuel Kant. There are 6 articles that must be done to achieve lasting peace, but this article only discusses articles 1, 5, and 6 which are the basis for the establishment …


Escalation Of Military Conflict Between India And Pakistan In The Post Lahore Declaration (1999 – 2019): Security Dilemma Perspective, Dwi Impiani Dec 2019

Escalation Of Military Conflict Between India And Pakistan In The Post Lahore Declaration (1999 – 2019): Security Dilemma Perspective, Dwi Impiani

Global: Jurnal Politik Internasional

This paper describes the military conflict escalation between India and Pakistan in the period after 1999 Lahore Declaration. After several major wars, military conflicts between the two countries continued to this day. Previous studies on the India-Pakistan conflict only discussed the causes of this conflict and efforts to resolve conflicts. The studies are divided into three major perspectives, namely; security, domestic politics, and political economy, but none has explained how this military conflict is relatively lasting. Using security dilemma as an analytical framework, this paper will explain the variables of the security dilemma that have contributed to the escalating tensions …


Strategy To Strengthen Cooperation Between The European Union And The Mediterranean Countries Through The Union For Mediterranean (Ufm), Elistania Elistania, Farandy Nurmeiga, Agung Permadi Dec 2019

Strategy To Strengthen Cooperation Between The European Union And The Mediterranean Countries Through The Union For Mediterranean (Ufm), Elistania Elistania, Farandy Nurmeiga, Agung Permadi

Global: Jurnal Politik Internasional

The European Union is an example of regional cooperations that represents regional identity. In the midst of the process of integration and expansion of membership, the European Union has an interest in building good relations with non-member countries in the immediate region, including the Mediterranean. The process of establishing cooperation between the European Union and the Mediterranean countries continues to change. The Euro-Mediterranean Partnership (EMP) in 1995 was the place for regional cooperation with most member countries and had a well-structured pillar of cooperation. However, the two entities re-formed a new cooperative platform, The Union for Mediterranean (UfM) in 2008. …


The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good Dec 2019

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16th and 18th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …


Reflections On Emerging Practices And Developments In The Field Of Law Reporting: Lessons From Kenya, Teddy J.O. Musiga Dec 2019

Reflections On Emerging Practices And Developments In The Field Of Law Reporting: Lessons From Kenya, Teddy J.O. Musiga

Southern African Journal of Policy and Development

Many users and/or consumers of law reports grapple with two major questions. The first question revolves around the issue why some judicial decisions are referred to as reported decisions, while others are referred to as unreported decisions. This question therefore deals with the dichotomy between reported judicial decisions and unreported judicial decisions. The second question flows from the first and relates to which categories of decisions appear in law reports (and therefore are classified as ‘reported’) and which ones do not (and therefore are classified as ‘unreported’). Put the other way around, that second question becomes: what are the criteria …


Editor's Note, Tinenenji Banda Nov 2019

Editor's Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.


Vol. 2, Issue 2 Masthead Nov 2019

Vol. 2, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.


The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, Chanda Chungu Nov 2019

The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, Chanda Chungu

SAIPAR Case Review

The dispute related to how to commence judicial review proceedings in Zambia. The applicant in this matter commenced judicial review proceedings in the High Court of Zambia by way of applying for leave. In between the period after the High Court granted leave to hear the merits of the judicial review and the hearing date, the Patents and Companies Registration Agency (PACRA), the Respondent filed an application to discharge the leave granted. It was at this point that the Applicants filed summons, to have the matter referred to the Constitutional Court to determine whether or not the requirement for leave …


Vol. 2, Issue 2 Table Of Contents Nov 2019

Vol. 2, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.


Konkola Copper Mines Plc V Nyasulu And 2000 Others Appeal No. 1/2012, Pamela Towela Sambo Nov 2019

Konkola Copper Mines Plc V Nyasulu And 2000 Others Appeal No. 1/2012, Pamela Towela Sambo

SAIPAR Case Review

No abstract provided.


Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo Nov 2019

Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo

SAIPAR Case Review

This case was initiated in the court of first instance, the England and Wales Technology and Construction Court (hereinafter referred to as the UK High Court Division) on 31 July 2015, by 1, 826 Zambian citizens who are resident in Chingola, Zambia. The claimants sought damages for personal injury, wide ranging environmental harm, damage to property, loss of income and amenity and enjoyment of land arising out of alleged pollution and environmental damage caused by the second appellant, Konkola Copper Mines (hereinafter referred to as ‘KCM’) at its Nchanga copper mine from about 2005 to date.

The first appellant, Vedanta …


The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, O'Brien Kaaba Nov 2019

The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, O'Brien Kaaba

SAIPAR Case Review

The matter came to the Constitutional Court by referral from the High Court. The Applicant applied for leave to issue judicial review process and leave was granted by the High Court. While the main application for judicial review was still pending, the Respondent filed an application to discharge the leave granted to the Applicant. The Applicant opposed this motion and then applied to have the matter referred to the Constitutional Court.


Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti Oct 2019

Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti

International Review of Humanities Studies

This study analyzes the term of address ustad in Indonesian culture. Indonesia’s religious-themed movies may represent the use of the term of address ustad in daily conversation. In particular, this study aims to describe the patterns of form, the patterns of use, and the social values of the term of address ustad in film utterances. The data of the term of address ustad and its contexts are collected from the utterances in Indonesia’s four Islamic-themed movies. This descriptive qualitative study uses sociopragmatics approach in identifying the functions of the term of address in film discourse. The context of the utterances …


The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter Jul 2019

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …


Turkish Domestic Actors’ Role In Foreign Policy Making: Case Of Turkey – Krg’S Strategic Bilateral Partnership, Luerdi L Jul 2019

Turkish Domestic Actors’ Role In Foreign Policy Making: Case Of Turkey – Krg’S Strategic Bilateral Partnership, Luerdi L

Global: Jurnal Politik Internasional

This paper aims to describe the role of Turkish domestic societal actors in the state policy making in the case of strategic bilateral partnership between Turkey and the Kurdistan Regional Government (KRG); a quasi state within the Iraqi federal state. The rareness of literature describing domestic forces within Turkey and the consequence for the state’s policy in building a strategic partnership with the KRG was the gap that this research would be expected to narrow. The paper argues that Turkish domestic actors like the individual, the Justice and Development Party (AKP), the Turkish military and business people had an important …


Islamic State In Iraq And Syria (Isis) And Its Impact In Indonesia, Fredy B.L. Tobing, Erwin Indradjaja Jul 2019

Islamic State In Iraq And Syria (Isis) And Its Impact In Indonesia, Fredy B.L. Tobing, Erwin Indradjaja

Global: Jurnal Politik Internasional

This paper presents a historical and qualitative study to examine the rise of the Islamic State of Iraq and Syria (ISIS) as a force in international politics and its impacts on the dynamics of violent extremism threat in Indonesia. The rise of ISIS was a turning point from the nascent progressive shift toward democratization in the Arab world represented by the “Arab Spring,” and its influence has spread beyond Syria and Iraq to threaten regional and global security. Like in other countries in the Islamic world, Indonesian society and politics have been significantly affected by the activities of ISIS. In …


From Rivals To Partners: Constructing The Sino-Indonesian Strategic Partnership, Gatra Priyandita Jul 2019

From Rivals To Partners: Constructing The Sino-Indonesian Strategic Partnership, Gatra Priyandita

Global: Jurnal Politik Internasional

This study is an inquiry into the use of strategic partnerships as an instrument of diplomacy in Indonesia. Strategic partnerships have become a key fixture of Indonesia’s omnidirectional foreign policy in the post-Suharto era. However, the rationale behind the formation of strategic partnerships for Indonesia’s strategic interests, as well as the process behind its formation, remain understudied. This paper seeks to fill this gap in the literature by examining how Indonesia utilizes its strategic partnership to engage China. Using Wilkins’ analytical framework for the study of strategic partnerships, this study finds that Indonesian policymakers have used strategic partnerships as instruments …


Kashmir As A Symbol Of Pakistan: Why Violence In Kashmir Never Stop?, Wonjune Hwang Jul 2019

Kashmir As A Symbol Of Pakistan: Why Violence In Kashmir Never Stop?, Wonjune Hwang

Global: Jurnal Politik Internasional

Kashmir has been a 'powder keg' in South Asia. In this region, India and Pakistan waged three all-out wars and numerous skirmishes. Kashmir has been occupied separately since 1947, but still, both sides claim the other’s occupation is illegal. Muslim Kashmiris, who are allegedly supported by Pakistan, continuously commit terrorist acts, and in return, Indian officials in Jammu and Kashmir violently suppress demonstrations and commit human right violations. After 9/11 in 2001, terrorists have become demonized and pardonless. This article focuses on analyzing the sources of violence and Pakistani intervention. The idea of this article is theoretically based on Volkan's …


Indonesian Policy In Ratifying The 2015 Paris Agreement, Haekal Siraj Jul 2019

Indonesian Policy In Ratifying The 2015 Paris Agreement, Haekal Siraj

Global: Jurnal Politik Internasional

The 2015 Paris Agreement requires all participating countries to reduce emisson level. Indonesia as Non-Annex I accepted the norms of the 2015 Paris Agreement by ratifying this agreement. Meanwhile, Indonesia's emissions level continues to increase due to the rate of deforestation and forest degradation in Indonesia which ranks highest in the world. This study aims to analyze Indonesian policy in ratifying the agreement by using the Constructivism Perspective in explaining the International Regime and the Concept of Norm Influence by Finnemore and Sikkink. The study uses qualitative methods with explanatory designs. Data collection techniques are sourced from secondary sources as …


Celac: Mexican Foreign Policy Interest On Latin American And Caribbean Regionalism, Demeiati Nur Kusumaningrum Jul 2019

Celac: Mexican Foreign Policy Interest On Latin American And Caribbean Regionalism, Demeiati Nur Kusumaningrum

Global: Jurnal Politik Internasional

La Comunidad de Estados Latinoamericanos y Caribeños (CELAC) was initiated in 2011 as a forum for dialogue and consensus between Latin American and Caribbean governments where it forms a trading block that excludes the United States and Canada. The US objected to the establishment of CELAC which seemed to challenges the former regional organization (OAS). This paper aims to analyze the considerations of the Mexican government to join CELAC in the midst of mutual agreement with US and NAFTA. Theory of formulation of foreign policy is used to answer the sources of political consideration of the Mexican government. It is …


Foreword Jul 2019

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents Jul 2019

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication Jul 2019

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Masthead Jul 2019

Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks Jul 2019

The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks

Penn State Journal of Law & International Affairs

No abstract provided.


Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie Jul 2019

Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie

Penn State Journal of Law & International Affairs

No abstract provided.


Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo Jul 2019

Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo

Penn State Journal of Law & International Affairs

No abstract provided.