University of Miami School of Law
Brazilian Foreign Service
Komisi Pemilihan Umum Republik Indonesia
Vanderbilt University Law School
Case Western Reserve University School of Law
Michigan State University
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 …
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 …
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 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 …
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 …
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 …
Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals,
2024
University of Cincinnati College of Law
Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki
Immigration and Human Rights Law Review
Hazing has claimed the lives of hundreds of victims and is inflicted upon thousands more each year. Governments worldwide have worked to create laws prohibiting hazing and punishing those who inflict abuse upon others. But they have not worked hard enough.This article explores the human rights violations normalized through the continued, widespread practice of hazing. It first dives into the history of hazing practices within the United States, Portugal, and Thailand, focusing on hazing occurring within universities and affiliated organizations. Next, through an examination of national and international laws, this article criticizes the lack of each respective government’s action to …
Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia,
2024
Webster Vienna Private University
Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese
Genocide Studies and Prevention: An International Journal
In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …
The International Centre For The Settlement Of Investment Dispute (Icsid) Annulment Reform: A Lesson Learned From The World Trade Organization Struggle,
2024
Universitas Indonesia
The International Centre For The Settlement Of Investment Dispute (Icsid) Annulment Reform: A Lesson Learned From The World Trade Organization Struggle, Putu George Matthew Simbolon, Tiurma Mangihut Pitta Allagan
Indonesian Journal of International Law
This article expresses how ICSID can learn from the WTO’s current struggles due to the Appellate Body vacuum. To achieve that, this article consists of three discussions. The first discussions analyze the uncertainties caused by the vagueness of International Investment Law’s (IIL) absolute standards, due to the absence of a multilateral investment treaty. The second discussion expresses the elements of the Multi-Party Interim Arbitration Arrangement (MPIA Arrangement) that shall be taken into account by ICSID. The third discussion provides how the current ICSID annulment mechanism shall be reformed. Those issues are answered through doctrinal research in a prescriptive manner. In …
Reinterpreting The Normal Mode Of Submarine In Archipelagic Sea Lane Passage,
2024
University of Wollongong
Reinterpreting The Normal Mode Of Submarine In Archipelagic Sea Lane Passage, Pornomo Rovan Astri Yoga, Indra Alverdian
Indonesian Journal of International Law
Today, many experts of maritime powers take it for granted that a foreign submarine has the right of submerged passage in an archipelagic sea lane. By using the 1969 Vienna Convention on the Law of Treaties (VCLT) as a tool of interpretation, this paper tries to decipher whether a submerged passage is permissible or not in archipelagic sea lane passage. This paper found that the submerging in an archipelagic sea lane passage is not a generally accepted interpretation of “normal mode” in Article 53 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The writers discovered …
Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law,
2024
Columbia Law School, Sabin Center for Climate Change Law
Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz
Sabin Center for Climate Change Law
This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …
Scholarship As Fun,
2024
King's College London, Dickson Poon School of Law
Scholarship As Fun, Thomas Schultz
Dalhousie Law Journal
One theme that traverses much of Pierre Schlag’s work is a sense of profound humanity—the idea that thinking and writing about the law can and should be a deeply, genuinely human activity—an activity for which we can, and should, break up many of the barriers that stand between us, between who we really are, and what we think and write. It is an activity for which we should put aside our pretences and insecurities and the attached formalisms and exaggerations behind which we so often hide, and which in the end constrain our humanity so much, as they take on …
International Implications On Rising Sea Levels And Changing Ofmaritime Borders,
2024
Ohio Northern University
International Implications On Rising Sea Levels And Changing Ofmaritime Borders, Claire O'Brien, Megan Schumm
Ohio Northern University International Law Journal
No abstract provided.
Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit,
2024
Ohio Northern University
Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit, Claire O'Brien
Ohio Northern University International Law Journal
No abstract provided.
The Chinese International Commercial Court: The “One Stop Shop”Stop To Justice,
2024
Ohio Northern University
The Chinese International Commercial Court: The “One Stop Shop”Stop To Justice, Christopher Mccain, Joseph Phillipps
Ohio Northern University International Law Journal
No abstract provided.
