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Full-Text Articles in Law
Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D
Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National Center …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Chicago-Kent Law Review
Procedural barriers which limit individuals’ ability to bring lawsuits—like conditioning litigation upon the provision of a bond—are a subtle way to reduce the volume of tort litigation. The use of such procedural doctrines often spares legislatures from the need to debate the substance of legal rights, especially when those rights are politically controversial. This Article presents a case study of this phenomenon which has escaped scholarly attention, in the intriguing context of the Israeli-Palestinian Conflict. On the books, a unique mechanism enables non-Israeli citizen Palestinians of the West Bank and Gaza Strip to bring civil actions for damages against Israel …
Jesner V. Arab Bank, Rebecca Hamilton
Jesner V. Arab Bank, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling in Jesner v. Arab Bank, deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Pepperdine Law Review
No abstract provided.
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Pepperdine Law Review
With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
NYLS Law Review
No abstract provided.
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
William & Mary Law Review
No abstract provided.