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Mapping Human Rights Obligations In Investment Treaty Arbitration: Decoupling By Tribunals, Animesh Das

Indian Journal of International Economic Law

The progressive approach of investment arbitration tribunals in some recent cases represents a gradual development in reconciling human rights law and international investment law. This position finds support in recent scholarly literature, through analyses of cases such as Urbaser, Bear Creek Mining and David Aven. What if the reality is otherwise? For decades, investment arbitral tribunals have maintained a grey area governing the relationship between human rights law and international investment law. The institutional caution has resulted in the decoupling of these two normative orders. Consequently, investment treaty arbitrations face a legitimacy deficit in their ability to uphold human rights …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Quasi-Vertical Integration Model In Partnership Of Smes (Small Medium Enterprises) And The Role Of Competition Commission In Eu And Indonesia, Yayan Hernayanto, Kurnia Toha, Udin Silalahi

Indonesia Law Review

Partnerships between large and small companies should not be imagined as David and Goliath, enemies of each other. However, partnerships between large and small business actors are a mutually beneficial synergy. Partnerships with Small and Medium Enterprises (SMEs) are not charity activities that prevent them from growing strongly. Guidance and assistance need to be provided so that they grow with a strong foundation. Both parties must agree to a fair transaction scheme, trade terms, and clauses that sustain this partnership and not cause SMEs to go bankrupt. Quasi-Vertical Integration is a model for conducting transactions in the manufacturing industry. This …

Exclusion Within Inclusive Education Policy: The Challenges Facing Urban Refugees In Accessing Education In Thailand, Mst Umme Habiba Fahmina Karim Dr.

Indonesia Law Review

Despite Thailand’s adoption of the Education for All policy in 2005, which grants all children, including refugees, access to free public education, refugee children largely remain excluded. Camp-based refugees attend informal, unrecognized education programs, while urban refugee children are categorised with migrant children in enrollment data. In 2023, only 34% of legal migrant children were enrolled in public schools, while refugees—often classified as "illegal migrants"—are either left out or attend unofficial community schools. This study examines the gap between policy and practice by exploring the experiences of urban refugees and perspectives of key stakeholders, including refugees, government agencies, and humanitarian …

The Urgency Of Artificial Intelligence Code Of Ethics, Tundjung Herning Sitabuana, Dixon Sanjaya, Ibra Fulenzi Amri, Nethan Nethan

Indonesia Law Review

The era of artificial intelligence has become a characteristic of industrial era 5.0 which has been used in various aspects. Potential economic value of AI has driven various forms of AI innovation development. Exploration of AI tends to override negative impacts of such developments. The emergence of ethical issues with presence of AI encourages the need for a law-based approach to establishing ethical standards to protect entire Indonesian nation. Therefore, this research was conducted to examine urgency for an AI code of ethics. This paper will normatively describe data qualitatively to answer urgency and development of AI code of ethics …

Rupture In The Legal Hierarchy: Normative Conflicts And The Subversion Of Agrarian Principles In Indonesia’S Omnibus Law, Waldus Situmorang, Mella Ismelina F. R., Rasji Rasji

Indonesia Law Review

This article examines the normative conflict between Law No. 6 of 2023 on the Establishment of Government Regulation in Lieu of Law on Job Creation and the Basic Agrarian Law (UUPA), specifically within the land law cluster. Using a normative approach and the theory of derogation, the article identifies three core areas of legal inconsistency: (1) the strengthening of Land Management Rights (Hak Pengelolaan), (2) foreign ownership of apartment units, and (3) the granting of land rights in aboveground and underground spaces. These legal inconsistencies not only create normative dualism but also generate legal uncertainty and threaten the principle of …

International Economic Agreements As Impediments To Carbon Tax Climate Change Mitigation: Is The Un Framework Tax Convention The Way Forward?, Edwin Vanderbruggen

Indian Journal of International Economic Law

This article outlines some of the international legal impediments to domestic environmental tax policies in furtherance of climate change mitigation, i.e. certain WTO rules on trade in goods, fuel tax exemptions in aviation treaties, and tax stabilisation provisions that are protected under the umbrella clause of investment treaties. It argues that international action is the most effective and often the only option to address those legal obstacles. The emergence of the United Nations Framework Convention on International Tax Cooperation (‘FTC’) is, in that regard, a timely development. Given the central institutional role UN-related bodies already have in climate change, sea …

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Nick Kaye

Richmond Public Interest Law Review

No abstract provided.

Participation Of Trans-Women In Females' Sports Competitions: Fairness Vs. Rights To Participating In Sports?, Muhamad Dzadit Taqwa, Valentino Rafael Carofin, Stefanie Gloria, Alvin Tjiang

Indonesia Law Review

A trans-woman is someone who is biologically male at birth and then undergoes gender-affirming surgery, which can include genital feminization surgery, or may not undergo gender-affirming surgery but undergoes other therapies such as cross-sex hormone therapy or other physical organ surgeries apart from genital surgery, in order to be identified as a woman. The participation of trans-women in females' sports has sparked a debate, addressing issues of fairness on one side and transgender rights to participate in sports on the other. The fairness argument is based on the physical advantages that males have when competing against females. Generally, male athletes …

Relocating Inclusionary Housing Obligations To The New Capital Nusantara: Legal And Policy Implications, Muhammad Ilham Hermawan, Nasywa Ananda Herliana

Indonesia Law Review

The philosophical meaning of balanced housing lies in achieving a harmonious and equitable life among various social strata. To realize this philosophical essence, regulatory engineering is required, aimed at fulfilling the goals of balanced housing. The obligation for balanced housing is theoretically known in the literature of several countries as an inclusionary housing policy. Triggered by the need for residential development in the new capital city (IKN), the Government has "relocated" the previously unfulfilled balanced housing obligation to IKN. The IKN Law explicitly regulates “exceptions to the provisions of legislation in the field of housing and residential areas.” There …

Delays In The International Seabed Authority Mining Code: Insight From Twail And Bbnj Frameworks, Ria Wierma Putri, Yuga Narazua Khanza, Orima Melati Davey, Febryani Sabatira

Indonesia Law Review

The International Seabed Authority (ISA) plays a crucial role in governing the vast expanses of the ocean floor that lie beyond national jurisdictions, referred to as "the Area" under the United Nations Convention on the Law of the Sea (UNCLOS). Although the ISA has established regulations for deep-sea exploration, it has encountered significant challenges in finalizing a comprehensive mining code for resource exploitation. This ongoing delay underscores the notion that legal development is often catalyzed by broader social changes. To comprehend the factors contributing to this delay, it is essential to consider the historical context of UNCLOS 1982, a framework …

Kajian Komparatif Tentang Pengaturan Pelindungan Budaya Dalam Konstitusi Negara-Negara Asia Pasifik, Josua Satria Collins

Jurnal Konstitusi & Demokrasi

Culture is a fundamental element in shaping national identity and unity amidst diversity. Therefore, many countries incorporate cultural protection into their constitutions to ensure the sustainability of cultural heritage. The constitution not only serves as a legal foundation but also as a social engineering instrument to facilitate cultural development amid contemporary challenges. This study focuses on the Asia-Pacific region due to its high cultural diversity and the complex interaction between local traditions and globalization. Using a normative juridical method and a comparative approach, the study analyzes 54 constitutions from countries in the region. The findings indicate that the majority of …

Studi Komparatif Konstitusi Di Indonesia Dan Timor Leste : Analisis Aspek Inherent, Konstitusionalisme Dan Pemilihan Umum Presiden, Qothrunnada Uni Fauziyah

Jurnal Konstitusi & Demokrasi

A comparison of the constitutions between Indonesia and East Timor provides an interesting insight into how the two countries, which have different historical and cultural backgrounds, formulate their legal and political frameworks. Indonesia, as a country that has been independent since 1945, has a constitution that has undergone several amendments and changes along with political and social developments. On the other hand, East Timor, which gained independence in 2002 after decades of conflict and colonization, 24 years of integration with the Republic of Indonesia and has a newer Constitution and is still in the early stages of development. Another important …

Menakar Kekuatan Mengikat Putusan Mahkamah Konstitusi Dalam Pemberhentian Presiden Dan/Atau Wakil Presiden Di Indonesia, Sunarto Efendi, Sylli Meliora Sterigma, Nur Alfitra Mappuna

Jurnal Konstitusi & Demokrasi

Impeachment is a mechanism that allows for the dismissal of a President and/or Vice President before the end of their term. In countries that adopt a presidential system, such as Indonesia, the process and mechanism of impeachment are crucial to regulate, considering the possibility that the President and/or Vice President may commit serious violations or no longer meet the qualifications to regulate a country. This study examines the process and mechanism of dismissing the President and/or Vice President in Indonesia, as well as the ideal framework for such a process. Using a doctrinal legal research method with secondary data from …

Teori Kemaslahatan Sebagai Batasan Judicial Activism Dalam Pengujian Undang-Undang Oleh Mahkamah Konstitusi, Ali Alatas, Ficky M. Zulfickar, Patio Alfredo Nugraha Hutabarat

Jurnal Konstitusi & Demokrasi

In this paper, the concepts of judicial activism and judicial restraint are discussed as the way the Constitutional Court (MK) tests laws against the 1945 Constitution of the Republic of Indonesia (UUD 1945). Active judges can do new things to address legal vacuums or social change, but this can trigger criticism due to the potential for exceeding judicial authority. In contrast, judicial review emphasizes the self-restraint of judges to adhere to the legal text without creating new standards, providing legal stability but considered less responsive in handling complex issues. In addition, as a standard to balance the two approaches, this …

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from conviction for aggravated kidnapping, a first degree felony, in the Third District Judicial District, Summit County, the Honorable Richard Mrazik presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

AUBREY BISBEE, SEAN D. REYES, BYRON FRED BURMESTER, LINDSAY CHERVENAK, Counsel for Appellee

Saving Camelot? Nil And The Future Of Amateurism, William W. Berry Iii

BYU Law Review

This Article explores the future of intercollegiate athletics with a diminished (and perhaps even disappearing) amateurism model. Specifically, the Article argues that athletic conferences are in the best position to “save Camelot”—to preserve the aspects of college sports that make them beloved and distinctive—while at the same time realistically accounting for an evolving economic and legal landscape.

In Part I, the Article describes the economics of the NCAA’s current amateurism model. Part II explores the recent changes to the NCAA’s amateurism model in light of the Supreme Court’s decision in Alston v. NCAA and the widespread adoption of state name, …

What Is Deeply Rooted In The Constitution?, Thomas P. Crocker

BYU Law Review

In a series of cases stretching over a century, the Court made a right’s roots a constitutive feature of its identity. Highlighting the analytic centrality of deep roots to the recognition of rights, Dobbs v. Jackson Women’s Health withdrew prior judicial recognition of a woman’s right to reproductive choice, arguing that such a right was not properly rooted in the American legal tradition. But what does it mean for a right to have deep roots? A surprising feature of American constitutionalism is that there is no single answer to the basic analytic question of what it means for a right …

The Prosecutor Vacancy Crisis, Adam M. Gershowitz

BYU Law Review

There is a prosecutor vacancy crisis in the United States. Prosecutors are quitting in droves and there are few applicants to replace them. In Houston and Los Angeles, more than 15% of prosecutor positions are open. In Detroit, the vacancy rate exceeds 20%. In Alameda, 25% of prosecutor positions are empty. And in Miami, a staggering 33% of prosecutor positions are unfilled. The situation is equally dire in many large and small counties across the nation.

Drawing on data and interviews from more than two-dozen district attorney’s offices, this Article documents how low salaries, massive caseloads, lack of remote work …

Is An Autonomous Vehicle A Roller Coaster Or A Hollywood Film? Trust, Safety, And Industry Self-Regulation, Tracy Hresko Pearl

BYU Law Review

Regulation of autonomous vehicles continues to be a daunting task in the United States, and the federal government has not yet succeeded in creating a regulatory scheme that intelligently addresses the risks and benefits of these vehicles. There are multiple reasons for this regulatory lag. Autonomous vehicles are developing at such a rapid pace that lawmakers, who often struggle with technological literacy, struggle to keep up. Additionally, government agencies lack the level of expertise, experience, and data that the industry possesses.

Industry self-regulation offers a meaningful alternative for increasing the safety of autonomous vehicles and building consumer trust. The success …

“Whoever Invents Or Discovers”: Artificial Intelligence And The Case For Joint Inventorship, Seth F. Littleford

BYU Law Review

Artificial intelligence (AI) is increasingly important in the modern world. Given its fidelity to—and, in some cases, its surpassing of—human performance, people rely upon AI in myriad settings. The AI era is already here, and the technological advancements to come are even more mind-boggling. The United States Patent and Trademark Office (USPTO) has seen a significant increase in patent applications claiming inventions pertaining to AI, but how does the patent system handle when AI invents?

The U.S. Court of Appeals for the Federal Circuit recently held in Thaler v. Vidal that the Patent Act requires inventors listed on patent applications …

Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald

BYU Law Review

On its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important …

The 40th Annual Tei - Sjsu High Tech Tax Institute Conference On November 4-5, 2024: The Latest And Greatest In Equity Compensation, Shuang Zhang

The Contemporary Tax Journal

No abstract provided.

The 40th Annual Tei-Sjsu High Tech Tax Institute Conference On Nov. 4-5, 2024: R&D In Uncertain Tax Times, Jing Luo

The Contemporary Tax Journal

No abstract provided.

Bruyea V. United States - Latest Foreign Tax Credit Case On The Niit Sheds Important Light On Treaty Double Tax Articles, William Skinner

The Contemporary Tax Journal

No abstract provided.

The 40th Tei-Sjsu High Tech Tax Institute Conference On Nov 4-5, 2024: Ip Development In Other Countries, Junli Zhang

The Contemporary Tax Journal

No abstract provided.

The Contemporary Tax Journal’S Interview With Benjamin R. Shreck, Shuang Zhang

The Contemporary Tax Journal

No abstract provided.

Front Matter (Letter From The Editor, Masthead, Etc.)

The Contemporary Tax Journal

No abstract provided.

Analysis Of H.R. 7458 - 118th Congress Made In The U.S.A. Act., Jung-Hee Kwon, Jinjin Yang

The Contemporary Tax Journal

No abstract provided.