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2011

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Institution
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Articles 1 - 24 of 24

Full-Text Articles in Rule of Law

State Administrative Legal Review On The Bill Of Retraction Law Of Corrupted Assets In Eradication Effort Of Corruption In Indonesia, Dian Puji Simatupang Dec 2011

State Administrative Legal Review On The Bill Of Retraction Law Of Corrupted Assets In Eradication Effort Of Corruption In Indonesia, Dian Puji Simatupang

Indonesia Law Review

Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003), Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on …

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On Land (Wealth) Distribution: A Cultural Approach To Justice In Indonesia, Suparjo Suparjo Dec 2011

On Land (Wealth) Distribution: A Cultural Approach To Justice In Indonesia, Suparjo Suparjo

Indonesia Law Review

This article re-examines the Indonesian land distribution policy in light of Pancasila , the five core values of the Indonesian constitution. Furthermore, the article also analyzes social problems in Indonesia from the legal and cultural point of view. Inspired by Javanese shadow puppet plays and Pancasila values, analysis shows that that land distribution policy in Indonesia does not support the goal of the country. The policy does not adhere to Pancasila values and the cultural values adopted by the Indonesian people. Hence I will try to give a recommendation for better regulation in land distribution. Evidences will be given to …

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A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur Oct 2011

A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur

Michigan Journal of International Law

The outbreaks of Severe Acute Respiratory Syndrome (SARS) in 2002-2003 and Swine Flu (H1N1) in 2009 captured a great deal of global attention. The swift spread of these diseases wreaked havoc, generated public hysteria, disrupted global trade and travel, and inflicted severe economic losses to countries, corporations, and individuals. Although affected states were required to report to the World Health Organization (WHO) events that may have constituted a public health emergency, many failed to do so. The WHO and the rest of the international community were therefore desperate for accurate, up-to-date information as to the nature of the pandemics, their …

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Younger Abstention And Its Aftermath: An Empricial Perspective, Joshua G. Urquhart Sep 2011

Younger Abstention And Its Aftermath: An Empricial Perspective, Joshua G. Urquhart

Nevada Law Journal

No abstract provided.

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Money Can't Buy You Law: The Effects Of Foreign Aid On The Rule Of Law In Developing Countries, Katherine Erbeznik Jul 2011

Money Can't Buy You Law: The Effects Of Foreign Aid On The Rule Of Law In Developing Countries, Katherine Erbeznik

Indiana Journal of Global Legal Studies

The rule of law is often touted as a panacea for the problems faced by the developing world. As a result, billions of dollars in foreign aid have been spent trying to promote the rule of law in developing countries. However, in many cases, little observable progress has been made. This Note explores some of the reasons rule of law reform efforts have stalled. One reason is that reform has focused solely on formal rule of law institutions, rather than on the informal political or cultural norms that are needed to support such institutions. Little is known, however, about how …

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Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo May 2011

Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo

Zambia Social Science Journal

In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …

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Patent, Technology, And The Role Of University, Agus Sardjono Apr 2011

Patent, Technology, And The Role Of University, Agus Sardjono

Indonesia Law Review

University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.

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The Ruckus In The Caucasus: A Case Against Mikheil Saakashvili For Crimes Against Humanity In The August War, Yancy Cottrill Mar 2011

The Ruckus In The Caucasus: A Case Against Mikheil Saakashvili For Crimes Against Humanity In The August War, Yancy Cottrill

University of the District of Columbia Law Review

While the world's attention was focused on the fireworks display of the 2008 Olympic Games in China, the citizens of South Ossetia were watching the sky too. Only their sky was being lit up by warfare. At 7:30 p.m. on August 7, 2008, Georgian President Mikheil Saakashvili, held a televised speech promising the Ossetians a ceasefire and unlimited autonomy.' At 11:00 p.m., Saakashvili ordered the Georgian Army to launch an offensive on Tskhinvalli, the capital of South Ossetia. Over the next five days, the civilians of South Ossetia and Abkhazia would be directly targeted by the Georgian forces and forcibly …

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Procedural Justice Post-9/11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy, David Welsh Mar 2011

Procedural Justice Post-9/11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy, David Welsh

The University of New Hampshire Law Review

[Excerpt] “The Global War on Terror has been ideologically framed as a struggle between the principles of freedom and democracy on the one hand and tyranny and extremism on the other. Although this war has arguably led to a short-term disruption of terrorist threats such as al-Qaeda, it has also damaged America’s image both at home and abroad. Throughout the world, there is a growing consensus that America has “a lack of credibility as a fair and just world leader.” The perceived legitimacy of the United States in the War on Terror is critical because terrorism is not a conventional …

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The Singapore Chill: Political Defamation And The Normalization Of A Statist Rule Of Law, Cameron Sim Mar 2011

The Singapore Chill: Political Defamation And The Normalization Of A Statist Rule Of Law, Cameron Sim

Washington International Law Journal

Recent cases involving opposition politicians and foreign publications, in which allegations of corruption leveled against both the executive and the judiciary were found to be defamatory and in contempt of court, struck at the heart of Singapore’s ideological platform as a corruption-free meritocracy with an independent judiciary. This article examines the implications of these cases for the relationship between the courts, the government, and the rule of law in Singapore. It is argued that judicial normalization of the government’s politics of communitarian legalism has created a statist and procedural rule of law that encourages defamation laws to chill political opposition. …

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Mainstreaming Gender In Rule Of Law Initiatives In Post-Conflict Settings, Eve M. Grina Feb 2011

Mainstreaming Gender In Rule Of Law Initiatives In Post-Conflict Settings, Eve M. Grina

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg Jan 2011

Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg

Global Business & Development Law Journal

No abstract provided.

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Toward An International Rule Of Law, Brandeis Institute For International Judges Jan 2011

Toward An International Rule Of Law, Brandeis Institute For International Judges

Global Business & Development Law Journal

No abstract provided.

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The People's Trade Secrets, David S. Levine Jan 2011

The People's Trade Secrets, David S. Levine

Michigan Telecommunications & Technology Law Review

The content of administered public school exams, modifications made by a government to its voting machines, and the business strategies of government corporations should be of interest to the public. At a minimum, they are the kinds of information that a government should allow its citizens to see and examine. After all, the public might have some legitimate questions for its government: Is that public school examination fair and accurate? Is that voting machine working so that my vote gets counted? To whom or what is that government agency marketing and are kickbacks involved? One would think that the government …

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An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton Jan 2011

An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton

Michigan Journal of International Law

The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …

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Legal Aid And The Rule Of Law In The People's Republic Of China, Mark Jia Jan 2011

Legal Aid And The Rule Of Law In The People's Republic Of China, Mark Jia

Maryland Series in Contemporary Asian Studies

The main purpose of this study is to evaluate the present state of legal aid in China.

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Foreign Official Immunity After Samantar, Chimene I. Keitner Jan 2011

Foreign Official Immunity After Samantar, Chimene I. Keitner

Vanderbilt Journal of Transnational Law

In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSLA) does not govern the immunity of foreign officials from legal proceedings in U.S. courts. Part I of this symposium contribution seeks to put in sharper focus exactly what is, and what is not, in dispute following Samantar. Part II presents three challenges to common assumptions about conduct-based immunity, which I consider under the headings of personal responsibility, penalties, and presence. Under the heading of personal responsibility, I emphasize that state responsibility and individual responsibility are not mutually exclusive. Under penalties, I argue that …

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Elections And Government Formation In Iraq: An Analysis Of The Judiciary's Role, Charles P. Trumbull Iv, Julie B. Martin Jan 2011

Elections And Government Formation In Iraq: An Analysis Of The Judiciary's Role, Charles P. Trumbull Iv, Julie B. Martin

Vanderbilt Journal of Transnational Law

In 2005, the people of Iraq ratified a permanent Constitution, a significant milestone in the journey from Saddam Hussein's authoritarian rule to democratic governance. Among the Constitution's fundamental guarantees are the separation and balance of powers, the selection of Parliament through regular and periodic popular election, and an independent judiciary empowered as the authority on constitutional interpretation. Iraq's commitment to democracy and the Constitution was put to the test five years later with the first parliamentary election under the new Constitution. The run-up to the elections was marred by political disputes, violence, and legal challenges, as Iraqis argued over controversial …

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The United States And International Law: The United Nations Finds A Home, Mark Weston Janis Jan 2011

The United States And International Law: The United Nations Finds A Home, Mark Weston Janis

Villanova Law Review

An essay is presented on the relationship between the U.S. and the United Nations (UN) as of July 2011, focusing on the commitment of the U.S. to international law and international organization, as well as a historical overview of the UN and its facilities in the U.S. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.

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Private International Law, The Rule Of Law, And Economic Development, David P. Stewart Jan 2011

Private International Law, The Rule Of Law, And Economic Development, David P. Stewart

Villanova Law Review

The article discusses private international law as of July 2011, focusing on the principles of civil law systems, conflict of laws, and jurisdiction. The concept of international judicial assistance, as laid out by the Hague Conference on Private International Law, is also examined. The United Nations Commission on International Trade Law's role as a leader in the field of international commercial arbitration is mentioned.

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Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey Jan 2011

Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey

Villanova Law Review

The article discusses the international rule of law as of July 2011, focusing on a historical overview of international affairs including the use of privateer maritime forces, the efforts of the U.S. to codify the international law in regards to maritime warfare, and the impact of the Crimean War on the development of the rule of international law. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.

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Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It, Stephen Zamora Jan 2011

Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It, Stephen Zamora

Villanova Law Review

An essay is presented on the status of the North American Free Trade Agreement (NAFTA) as of July 2011, focusing on the strong support shown to the international law by European countries as compared to the U.S., as well as the role of regional trade agreements such as NAFTA in furthering the globalization movement. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.

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Prosecuting The Informant Culture, Andrew E. Taslitz Jan 2011

Prosecuting The Informant Culture, Andrew E. Taslitz

Michigan Law Review

Alexandra Natapoff, in her outstanding new book, Snitching: Criminal Informants and the Erosion of American Justice, makes a compelling case for reform of the system by which we regulate police use of criminal informants. Indeed, as other writers have discussed, law enforcement's overreliance on such informants has led to a "snitching culture" in which informant snitching replaces other forms of law enforcement investigation (pp. 12, 31, 88-89). Yet snitches, especially jailhouse snitches, are notoriously unreliable.

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Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa Jan 2011

Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa

Intercultural Human Rights Law Review

When discussing the myriad challenges facing Haiti in the wake of the devastating 2010 earthquake, it is difficult to prioritize the needs of a country where basic needs such as shelter and basic medical care compete for long-term needs such as education, good governance, and economic reconstruction and growth. The current immediate and emergent needs of Haiti in the face of its national calamity have been well identified by international aid bodies and national leaders, and there has been a considerable literature on those needs. What is of equal importance in the long run, however, is building a solid foundation …

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