Law Commons^™

Inclusive And Implementable Legal Rules For E-Commerce: A Comparative Study Of Indonesia And Vietnam, Ngoc Nguyen Thi Bich, Phan Quoc Nguyen

Indonesia Law Review

Both Vietnam and Indonesia have large populations that promise major markets for e-commerce. The two nations record high internet coverage and large numbers of social media users. Recently, the countries have been trying to support e-commerce with new legal rules. In November 2019, Indonesia’s government introduced Government Regulation No. 80 of 2019 on Trading through Electronic Systems (GR 80, 2019). GR 80 requires e-commerce businesses to obtain business licenses, report taxes, and preserve consumer protections and rights. Similarly, Vietnam has issued a number of resolutions and guidelines since its Decree on E-Commerce in 2013 (Decree No. 52/2013/NĐ-CP). While these legal …

The Law Of Arbitration Rules That Are Final And Binding, Heru Sugiyono, Heru Suyanto, Rosalia Dika Agustanti

Indonesia Law Review

A request in a district court for annulment of an arbitration, or arbitral, award is a form of legal remedy that claims dissatisfaction with the award by one or more parties. It contravenes the provisions that stipulate the finality of the award and its permanently binding legal force. The attempt to invalidate the arbitral award seems to reflect the party’s (or parties’) disobedience to it. The research method here employed normative juridical review of various library materials consisting of primary legal sources from related laws and regulations, secondary materials which formed the explanations used in the analysis of the primary …

Book Review The Spectra Of Authoritarianism In Southeast Asia, Ghunarsa Sujatnika

Indonesia Law Review

This book results from of a collaboration between SHAPE-SEA and academics/experts who focus on variants of authoritarian practices that hit countries in ASEAN. The discussion presented by the authors aims to identify, understand, and analyze the effects of authoritarian regimes on democratic life in ASEAN. In this regard, this book attempts to present how human rights and fundamental freedoms can be compromised, as well as how vulnerable groups are increasingly marginalized.

The Top-Four Primary And Alaska Ballot Measure 2, Brendan Mcguire

Alaska Law Review

This Primer provides an overview of the debate surrounding non-partisan ranked primaries. In the November 2020 election, Alaskan voters decided whether to adopt Ballot Measure 2 which, among other reforms, would introduce a top-four primary system. Under this system, the top-four vote-getters in the primary election, regardless of partisan affiliation, would advance to the general election. Supporters of the reform argue it offers voters more choices, fosters competition, creates a more representative pool of candidates, and avoids vote splitting. Opponents contend that such a system reduces representation by possibly preventing political parties from participating in general elections. Alaska will not …

Where The Deer And The Antelope Play:Conserving Big Game Migrations As An Endangered Phenomena, Temple Stoellinger, Heidi J. Albers, Arthur Middleton, Jason F. Shogren, Robert Bonnie

Duke Environmental Law & Policy Forum

In the American West, high-profile big game species including mule deer, antelope, elk, moose, bison and bighorn sheep use large landscapes to migrate between winter and summer habitats to obtain the resources they need to survive. The big game species are a vital part of the West’s ecology, economy, and culture and are valued by local, national, and international stakeholders. Thanks to large parcels of private and public land and a low human population, many parts of the American West still provide some of the best big game habitats in the world. But these vast, intact landscapes are under threat …

Indonesia’S Trade Diplomacy Through Fta: Analysis On Actors, Processes, And Goals Of Diplomacy, Pantri Muthriana Erza Killian

Global: Jurnal Politik Internasional

The purpose of this article is to examine the various FTAs that Indonesia has been involved in within the last 15 years by looking at the three core elements of trade diplomacy: actors, processes, and goals of FTAs. Based on these elements, this research finds that Indonesia’s FTA diplomacy tends to be dominated by foreign policy interests compared to economic ones, which can be observed through several elements. First, Indonesia’s FTA diplomacy is dominated by state actors and foreign policy players with little involvement from economic players and non-state actors. The numerous FTAs signed through ASEAN also reinforced this domination …

The Quality Of Peace In Post-Conflict Situation: A Comparative Study Between Armed Conflicts In Aceh And Bangsamoro, Ikhwan Rahmatika Latif, Dyah Mutiarin, Achmad Nurmandi

Global: Jurnal Politik Internasional

This article investigates the quality of peace in armed conflicts that occurred in the Southeast Asia region. The authors compared the cases of Aceh, where the armed conflict between the Free Aceh Movement or GAM and the government of Republic Indonesia ended peacefully with the Helsinki Memorandum of Understanding, with the conflict in the southern Philippines, where a peace agreement, the Comprehensive Agreement on the Bangsamoro, was successfully achieved between the government of Philippines and the Moro Islamic Liberation Front. This research employed document analysis to analyse the peace settlement documents of both parties and the derivative laws of the …

Indonesia's Involvement In The Afghanistan Peacebuilding Process, Fabian Nur Farizan, Dudy Heryadi

Global: Jurnal Politik Internasional

This article aims to understand and analyse Indonesia's involvement in ensuring peace, especially in peacebuilding efforts in Afghanistan. Indonesia’s commitment to improve its peace efforts in Afghanistan was expressed by President Joko Widodo during his visit to Kabul in 2018. This research used Lederach’s pyramid model of peacebuilding as the primary analysis tool. Lederach’s pyramid model identifies three approaches to peacebuilding, along with the main actors in the population affected by the conflict—namely top leadership, middle range leadership, and grass-root leadership. The results of the study show that Indonesia's involvement in Afghanistan in peace efforts has been carried out at …

Catalan Identity And Paradiplomacy Strategy In Catalonia’S Independence Movement, Windy Dermawan, Akim Akim

Global: Jurnal Politik Internasional

This article seeks to analyse how Catalan identity, within the context of its conflict with the Spanish government, contributes to its foreign relations with the global public through paradiplomacy. This article uses qualitative research method with literature study. It finds that Catalonia, as one of Spain’s autonomous regions, have a distinct history, language, and culture from other Spanish regions. To protect their identity, there have been an emergence of movement for greater Catalan autonomy, even independence. This conflict reached climax on 1 October 2017 when the Catalan government initiated an independence referendum amongst Catalan people, with the majority voted for …

The Moderation Of Frente Farabundo Martí Para La Liberación Nacional’S Economic Orientation In El Salvador, 2009-2019, Petrus Putut Pradhopo Wening

Global: Jurnal Politik Internasional

Frente Farabundo Martí Para la Liberación Nacional (FMLN) was a Marxist guerrilla group, known for its activities in the 1980s and 1990s to seize El Salvador’s government through war. Post-peace accords, FMLN transformed into an electoral political party and successfully won to lead the government of El Salvador in 2009-2019, but then they compromised their economic policies to suit neoliberalism. This article uses Gill and Law’s conceptualisation of the theory of direct and structural power of capital to explain the causes of FMLN’s neoliberalism-compromising economic policy adjustment in 2009-2019. This article finds that El Salvador’s social and political-economy historical dynamics, …

The Role Of Global Civil Society At The Local Level In Climate Change Mitigation: A Case Study Of Earth Hour’S Activities In Malang, Najamuddin Khairur Rijal

Global: Jurnal Politik Internasional

This study examines the role of global civil society at the local level in climate change mitigation. Climate change issue is one of the global issues that is responded at the local level, as the impact of the problem concerns the universal livelihood of the world’s population. This study focuses on Earth Hour’s activities in the Malang region as a part of a global civil society. This research uses global civil society and its role in environmental governance as the analytical framework. The data are collected through documentation studies and interviews. The results show that Earth Hour Malang’s activities have …

Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast

Brooklyn Journal of International Law

Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …

Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates

Brooklyn Journal of International Law

In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …

The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien

Brooklyn Journal of International Law

Mediation is a form of alternative dispute resolution (“ADR”) where a negotiation is facilitated by a neutral third party. The key feature of mediation is its voluntary nature. Whether it is used to resolve a family law, employment law, or complex international commercial dispute, mediation is always valuable due to its speed, cost, and ability to maintain relationships between parties when compared to conventional litigation. Despite these benefits, international commercial mediation in particular had previously faced one notable weakness: the lack of enforceability of mediation settlement agreements (“MSA”). The United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation …

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY DEPARTMENT, THE HONORABLE ELIZABETH A. HRUBY-MILLS, CASE NO. 179914006

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorneys for Appellee/Defendant

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes

Duke Journal of Comparative & International Law

A new public-private law paradigm is developing with respect to the relationship of the state to private contracts. The paradigm melds private law concepts like unconscionability, good faith, and fair dealing with the public human rights principles of dignity and vulnerability. I trace this paradigm shift in the context of the housing law of Spain, where several rich cultural and legal resources have inspired a new sensibility with regard to residential mortgage loan contracts, rental agreements, and the overall duties and obligations of governments to address the citizenry’s housing needs. Although this reorientation reflects decisions from the European Court of …

Essay: Forks In The Road, Michael P. Vandenbergh, Jonathan M. Gilligan

Duke Environmental Law & Policy Forum

This Essay outlines a simple heuristic that will enable public and private policymakers to focus on the most important climate change mitigation strategies. Policymakers face a dizzying array of information, pressure from advocacy groups, and policy options, and it is easy to lose sight of the forest for the trees. Many policy options are attractive on the surface but either fail to meaningfully address the problem or are unlikely to be adopted in the foreseeable future. If policymakers make the right decision when confronting three essential choices or forks in the road, though, the result will be 60% to 70% …

Note: Foundational But Not Fundamental: No Right To The Environment, Robert Torres

Duke Environmental Law & Policy Forum

The world is on fire, and despite a general consensus among scientists that climate change is an imminent threat, recent decades have been devoid of legislatures capable of enacting meaningful legislation. The flames rage on as our President, an outspoken denier of climate change, adds fuel to the fire by stripping whatever attempts had been previously made to mitigate the effects of climate change. Forced to live in what seems a forsaken world, nineteen youths, a nonprofit organization, and a scientist on behalf of all future generations brought suit against the United States government, seeking more robust environmental protections. In …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

The Environmental Protection Agency’S Role In U.S. Climate Policy- A Fifty Year Appraisal, Jody Freeman

Duke Environmental Law & Policy Forum

No abstract provided.

A Step Closer: Economic Integration And The African Continental Free Trade Area, Nsongurua J. Udombana

Duke Journal of Comparative & International Law

Post-colonial Africa views economic integration as an endogenous means for attaining self-reliant, sustainable development. Working under various regional and sub-regional economic institutions, states elaborated several norms in search of legitimacy in economic competence. However, several political and economic pathogens, including weak institutions, have blighted those efforts. This paper interrogates the African Continental Free Trade Area (AfCFTA or CFTA), which is the latest attempt to reboot the integration drive and achieve sustainable development. The CFTA seeks to create a geographic zone where goods and services will move freely among member states by removing trade distortions and boosting factor mobility, competition, and …

Foreign Interference In Elections Under The Non-Intervention Principle: We Need To Talk About “Coercion”, Steven Wheatley

Duke Journal of Comparative & International Law

This article looks at the problem of foreign state cyber and influence operations targeting democratic elections through the lens of the non-intervention principle. The work focuses on the meaning of “coercion” following the 1986 Nicaragua case, wherein the International Court of Justice concluded that “[i]ntervention is wrongful when it uses methods of coercion.” The analysis shows that coercion describes a situation where (1) the foreign power wants the target state to do something and wants to be certain this will happen; (2) the outside power then takes some action, either by issuing a coercive threat, using coercive force, or engaging …

Cutting Submarine Cables: The Legality Of The Use Of Force In Self-Defense, Blair Shepherd

Duke Journal of Comparative & International Law

No abstract provided.

Note From The Editor

Alaska Law Review

No abstract provided.

Alaska’S Ballot Initiative Today: History, Practice, And Process, Elizabeth M. Bakalar

Alaska Law Review

Since statehood, Alaska’s Constitution has included the right of the people to enact legislative change by direct democracy. The state’s initiative process as governed by the Alaska Constitution, statutes, and caselaw reflects a delicate balance of citizen participation within carefully crafted guardrails meant to ensure the efficacy of the process and the role of the legislature. Alaska courts have developed a still-evolving body of caselaw interpreting the restrictions on the subject and scope of ballot initiatives, the role of the executive and judicial branches in the initiative process, and the timing and procedural features of the process. Navigating the initiative …

Alaskan Exceptionalism In Campaign Finance, Chad Flanders

Alaska Law Review

This article argues that Alaska’s efforts in campaign finance reform are closely tied to a philosophy of “Alaskan Exceptionalism”: the view that Alaska is fundamentally different from other states. A recent decision from the Supreme Court, Thompson v. Hebdon , may, however, weaken Alaska’s right to justify its reforms through an “exceptionalist” lens. The same decision suggests the Supreme Court is further narrowing its campaign finance jurisprudence more generally. Without these campaign finance limits, Alaskan politics may continue to be dominated by the oil and gas industry, the very problem those limits sought to address in the first place

Retaining Judicial Independence: Solutions To Increasing Threats To Alaska’S Judicial Merit System, Ryan Kuchinski

Alaska Law Review

While the judicial merit system in Alaska has effectively balanced accountability with the competing need for independence in the judiciary, the growing trend of politicized retention elections threatens that independence. This Note examines the threat to the Alaskan judicial merit system, argues for the importance of protecting an independent judiciary, and proposes a number of potential solutions to reform or replace the current retention election system.

When Misrepresentation Becomes Deceptive: Analyzing Petition-Signer Inadvertence Post-Cambell, Melissa English, Daisy Gray

Alaska Law Review

In 2010, the Alaska supreme court held that a legally deficient petition summary of a ballot initiative could be corrected and put on the ballot without being recirculated for signatures. The Parental Involvement Initiative at the root of the litigation would prohibit doctors from performing abortions for unemancipated minor women who had not provided notice to or obtained consent from a parent. After the petition was circulated for signatures, the supreme court determined that omissions of fact in the petition summary rendered the summary inaccurate and therefore deficient. However, the court refused to require that the initiative sponsors recirculate the …