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.
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.
Depletion In Investor Confidence Entails Reflection Of Regulators:Viewing The Disclosure Regulation For The Primary Securitiesmarket In Bangladesh In Light Of The Design And Distributionobligations In Australia,
2024
Ohio Northern University
Depletion In Investor Confidence Entails Reflection Of Regulators:Viewing The Disclosure Regulation For The Primary Securitiesmarket In Bangladesh In Light Of The Design And Distributionobligations In Australia, S. M. Solaiman
Ohio Northern University International Law Journal
No abstract provided.
Discovering China’S Free Expression Values,
2024
Ohio Northern University
Discovering China’S Free Expression Values, Karen M. Markin
Ohio Northern University International Law Journal
No abstract provided.
Bad For The Gander: New Zealand’S Failure To Learn From Thecautionary Tales Of Unreliable Forensic-Science Evidence Andwrongful Convictions Abroad,
2024
Ohio Northern University
Bad For The Gander: New Zealand’S Failure To Learn From Thecautionary Tales Of Unreliable Forensic-Science Evidence Andwrongful Convictions Abroad, Carrie Leonetti
Ohio Northern University International Law Journal
No abstract provided.
To Coordinate Or Not To Coordinate: The Governance Of Digital Assets In A Global Marketplace,
2024
Ohio Northern University
To Coordinate Or Not To Coordinate: The Governance Of Digital Assets In A Global Marketplace, Matthew Hashemi
Ohio Northern University International Law Journal
No abstract provided.
Eliminating Discrimination And Violence Against Indigenous Women:A Constitutional Imperative In Bangladesh,
2024
Ohio Northern University
Eliminating Discrimination And Violence Against Indigenous Women:A Constitutional Imperative In Bangladesh, Israt Jahan
Ohio Northern University International Law Journal
No abstract provided.
