Apostille's Effect On Doing Business In Indonesia, 2024 Kementerian Hukum dan HAM
Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan
Journal of Private International Law Studies
Legalization through Apostille should simplify the legalization process, doing activities abroad and improving Indonesian economic quality. Legalization is a series of procedures performed to authenticate a signature, stamp or seal which aims to provide a valid status for a public document. The legalization process in Indonesia consists of two steps, namely legalization at the Ministry of Law and Human Rights after which legalization is carried out at the Ministry of Foreign Affairs. Furthermore, the document is shown to the representative of the country intended for legalization. In practice, the legalization process mostly carried out by various agencies in Indonesia, this …
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, 2024 Azwar Hadisupani Rum & Partners
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa
Journal of Private International Law Studies
This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …
Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah
Journal of Private International Law Studies
Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …
The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, 2024 Singapore Management University
The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi
Journal of Private International Law Studies
Indonesia and Singapore are among the ASEAN members and ready to welcome the implementation of the ASEAN Economic Community. The ASEAN Economic Community itself has been planned for a long time and the aim of establishing the ASEAN Economic Community is so that countries that are within ASEAN membership can face the problems of trade and economic activities on a large and global basis. This will certainly increase the number of cross-border transactions and investments between these two nations and other members of the ASEAN community. In reality, the cross-border transactions and investments also involve the Legal Entities and Natural …
Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, 2024 Bahar Law Consulting
Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo
Journal of Private International Law Studies
Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …
Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, 2024 Northwestern Pritzker School of Law
Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut
JCLC Online
As a result of the armed invasion of Ukraine by the Russian
military, Ukraine has suffered extreme environmental damage that
affects both its land and its people. This article explores the
intersection of international law and environmental protection in the
context of armed conflicts, with a specific focus on the Russian armed
invasion of Ukraine. After describing the devastation faced by
Ukraine, this article examines existing frameworks in international
law such as the Rome Statute, the Geneva Conventions, customary
international humanitarian law, and domestic law. This overview
highlights guidelines in these frameworks that render environmental
damage during war impermissible. Despite …
Front Matter And Table Of Contents, 2024 University of Miami Law School
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Masthead, 2024 University of Miami Law School
Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, 2024 Universidad de las Américas
Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda
University of Miami Inter-American Law Review
Shareholders’ agreements are quite common in many jurisdictions. Theory and empirical evidence suggest that they may have a positive or a negative impact on corporate governance structures depending on companies’ characteristics and on the goals that these contracts pursue. Shareholders’ agreements may be used as Control Enhancement Mechanisms (CEM) allowing controllers to circumvent rules that favor minority investors. However, comparing to other CEM, in many countries information regarding them is scarce. Is it necessary that shareholders’ agreements in public corporations be fully informed?
We examine the case of Chile (a country that only requires to inform that a shareholder agreement …
The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, 2024 University of Miami School of Law
The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens
University of Miami Inter-American Law Review
This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …
Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, 2024 University of Miami School of Law
Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian
University of Miami Inter-American Law Review
This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.
Puerto Rico: The Island Of Infringement? An Analysis Of The Intersectionality Of Eleventh Amendment Sovereign Immunity And Federal False Endorsement Claims, 2024 University of Miami School of Law
Puerto Rico: The Island Of Infringement? An Analysis Of The Intersectionality Of Eleventh Amendment Sovereign Immunity And Federal False Endorsement Claims, Robert Hilton
University of Miami Inter-American Law Review
This Note delves into the complex legal landscape of Puerto Rico’s application of sovereign immunity in the context of federal false endorsement claims, focusing particularly on the recent case involving the unauthorized use of Hall of Fame baseball player Roberto Clemente’s name and likeness. It critically examines the intersectionality of Eleventh Amendment sovereign immunity with the Lanham Act’s Section 43(a), highlighting the challenges faced in enforcing intellectual property rights within unincorporated territories of the United States.
The analysis begins by exploring the historical basis of sovereign immunity and its evolution from common law to the intricacies of the Eleventh Amendment. …
History Of Mexico’S Tax Regime: A Haphazard Journey., 2024 WPP
History Of Mexico’S Tax Regime: A Haphazard Journey., Nicolás José Muñiz
University of Miami Inter-American Law Review
Mexico’s tax regime can best be described as haphazard and uncoordinated, as indirect levies were often assessed to satisfy short-term needs, irrespective of the economic capacity to pay of the local population. When compared to other members of the OECD, Mexico reports a relatively low tax-to-GDP ratio. This may be attributable to the vast presence of small to medium size companies conducting business in the informal market, the comparatively minor percentage of individuals and companies that regularly pay tax, and proliferation of tax benefits historically enjoyed by the wealthy.
This Article covers the more salient features of Mexican tax legislation …
The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, 2024 University of Miami School of Law
The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera
University of Miami Inter-American Law Review
In 2021, the Department of Homeland Security issued immigration guidelines that de-emphasized detention and removal of non-citizens who, aside from being undocumented, are otherwise contributing members of communities across the United States. However, Arizona, Montana, Ohio, Texas, and Louisiana challenged these guidelines, launching a nuanced legal dispute that concerned states standing under Article III, prosecutorial discretion, and nationwide preliminary injunctions. In United States v. Texas, the Court ruled 8-1 that the states lacked standing and reversed the Fifth Circuit’s nationwide injunction, but the majority opinion failed to address the other legal issues that are pressing on a rife debate about …
A Right To Republish: Redesigning Copyright Law For Research Works, 2024 University of Minnesota Law School
A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe
Minnesota Journal of Law, Science & Technology
No abstract provided.
Dispossession Is Nine-Tenths Of The Law: Understanding How Property Law Is A Tool Of Dispossession Of Fundamental Human Rights, 2024 University of Cincinnati College of Law
Dispossession Is Nine-Tenths Of The Law: Understanding How Property Law Is A Tool Of Dispossession Of Fundamental Human Rights, Kathryn Schulte
Immigration and Human Rights Law Review
The United States government’s systemic dispossession of Native peoples’ land and resources violates international law under the United Nations Declaration of Rights of Indigenous Peoples’ (UNDRIP). It is not a coincidence that the U.S. government has failed to adopt UNDRIP as binding domestic legislation, but a means to maintain the racist status quo upon which the country’s property laws were created. It is imperative that the United States legally recognizes the rights of Native People in order to provide justice for the millions wronged by the violence of settler colonialism. This article will begin with an introduction to the history …
Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, 2024 University of Cincinnati College of Law
Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab
Immigration and Human Rights Law Review
Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …
Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, 2024 University of Cincinnati College of Law
Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, Shannon M. Conroy
Immigration and Human Rights Law Review
Human rights education is education about, through, and for human rights. In 2004, the United Nations General Assembly implemented the World Programme for Human Rights Education. The World Programme provides global coordination for human rights education and promotes a common understanding of human rights education. Over the last twenty years, the United States failed to implement either federal or state human rights education programs. This article examines the academic and international discussion about human rights education for students in the United States, and argues for the need for stronger human rights education in public primary, secondary, and higher education institutions …
Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, 2024 University of Cincinnati College of Law
Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, Taiylor Ryan
Immigration and Human Rights Law Review
Despite the legalization and reluctant acceptance of pornography and sites like OnlyFans, the United States continues to criminalize sex work. While the work that sex workers perform is similar to that of pornography or OnlyFans, sex workers are not afforded the same protections under the law. As a result of criminalization, sex workers are forced to work in unsafe conditions. Fear of facing criminal charges keeps sex workers from turning to the police when they need help or need to report a crime. Criminalization also adds to the stigma surrounding sex work, creating barriers that prevent sex workers from receiving …
Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, 2024 University of Cincinnati College of Law
Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, Valerie M. Garcia
Immigration and Human Rights Law Review
The gender pay gap is an ongoing reality for women in Mexico, where domestic human rights commissions have reported it to be 76.5% as of 2023. As one of the Latin American countries with the highest gender pay gap, this paper analyzes the extent of government efforts to narrow the gap throughout different presidential administrations. Contemporaneously, the role of cultural machismo in Mexican society was examined to determine its impact on legal drafting and application for the benefit of women. The findings showed that cultural machismo and a passive government have impeded the closing of the gender pay gap and …