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Articles 1081 - 1110 of 1299
Full-Text Articles in Business Organizations Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
Monsanto: Creator Of Cancer Liability
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
Gender And Intersectionality In Business And Human Rights Scholarship, Melisa N. Handl, Sara L. Seck, Penelope Simons
Gender And Intersectionality In Business And Human Rights Scholarship, Melisa N. Handl, Sara L. Seck, Penelope Simons
Articles, Book Chapters, & Popular Press
In this article, we explore what intersectionality, as an analytic tool, can contribute to business and human rights (BHR) scholarship. To date, few BHR scholars have explicitly engaged in intersectional analysis. While gender analysis of BHR issues remains crucial to expose inequality in business activity, we argue that engagement with intersectionality can enrich and support this and other BHR scholarship. Intersectional approaches allow us to move beyond single-axis analysis, contest simplistic representations about gender issues and expose the complexity of human relations. It draws our attention to structures that sustain disadvantage such as racism, colonialism, social and economic marginalization and …
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
PhD Dissertations
The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …
Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law
Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar
Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar
Jurnal Hukum & Pembangunan
This article explores about social justice in peoples lives according to Karl Marxs prespective of the concept of social class. It also discusses Marxs concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marxs prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of …
Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra
Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra
Jurnal Hukum & Pembangunan
As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic …
Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur
Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur
Jurnal Hukum & Pembangunan
The results of the Junior Indonesian Doctors Network (JDN) survey on August 1-30 2018 stated that 26.24 percent of doctors in Indonesias main workplaces were still paid under three million rupiah per month. Then, there are 8.89 percent of doctors who are even paid under one and a half million rupiah per month. Due to the low salaries earned, many doctors end up having to take additional work hours in several practice locations to increase their income. In fact, other studies say that working continuously for doctors increases the risk of malpractice and endangers patients. Low wages also make doctors …
Kebijakan Penghapusan Izin Lingkungan Dalam Ruu Cipta Kerja Dan Dampaknya Terhadap Pembangunan Berkelanjutan Di Indonesia, Kornelius Benuf, Abram Robert Aritonang, Supriardoyo Simanjuntak
Kebijakan Penghapusan Izin Lingkungan Dalam Ruu Cipta Kerja Dan Dampaknya Terhadap Pembangunan Berkelanjutan Di Indonesia, Kornelius Benuf, Abram Robert Aritonang, Supriardoyo Simanjuntak
Jurnal Hukum & Pembangunan
The government is currently discussing about Jobs Creation Bill on the implementation of national development. The drafting of Jobs Creation Bill is carriedout by applying the omnibus law system. However, on the Bill there are numbers of irregularities such as the removal of environmental permits and replaced with environmental agreements. This raises legal issues because the changes of terminology onthe Bill have juridical implications for the implementations of sustainable developments in Indonesia. This legal issue will be researched further in this study. The method used is normative juridical with secondary data in the form of primary legal materials ofthe Jobs …
Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin
Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin
Jurnal Hukum & Pembangunan
The use of the term Makar as a translation of the word Aanslag in Indonesias CRIMINAL code currently triggers a variety of polemic because it has a lot of meaning, resulting in an ambiguity that causes no legal certainty to be guaranteed. Indonesias CRIMINAL code is currently in its case that it does not provide define and the limitations of Macar deeds so that the multitasking is still prone to occur. Addressing such a thing, it is necessary to reformulation the draft proceeding in the Penal Code in order to ensure the future legal certainty. The limitation of the performance …
Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan
Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan
Jurnal Hukum & Pembangunan
High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important …
Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi
Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi
Jurnal Hukum & Pembangunan
This research aims to find the ideal concept of dispute resolution process in the regional head election, so far the practice of election dispute resolution is carried out by two institutions namely Bawaslu and PTTUN. As for the results of this study in the form of the first, philosophically the Bawaslu institution was born from the provisions of Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia which was interpreted to conduct supervision both in the narrow and broad sense (handling violations and dispute resolution) of the holding of elections or the elections. Second, the dualism …
Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana
Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana
Jurnal Hukum & Pembangunan
The vast condition of the Unitary Republic of Indonesia made Indonesia have several border areas stretching from Sabang to Merauke. Management of the countrys territories and border areas has been regulated in Law 43/2008 on State Territories. The National Border Management Agency (Badan Nasional Pengelola Perbatasan/BNPP) is the only institution tasked with managing border areas in Indonesia. The Minister of Home Affairs as the Head of BNPP leads and controls the implementation of the duties and functions of BNPP. In this study using Border Management Theory and Authority Theory. This research uses the normative legal research method which is the …
Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah
Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah
Jurnal Hukum & Pembangunan
The police are defined as a tool of the state in charge of maintaining the security and order of the community, providing protection, and providing protection to the public. The relationship between the community and the police themselves is mutually influencing, where the existence of the police is functional in the structure of life. When people experience changes due to various factors, then there is also a change in moral standards that result in order and order of life according to previous cultures are no longer used. This is what causes the role and function of the police must always …
Pemusatan Kepemilikan Media Massa Di Indonesia: Tinjauan Aspek Hukum, Muhammad Zulfa Aulia, Raffles Raffles
Pemusatan Kepemilikan Media Massa Di Indonesia: Tinjauan Aspek Hukum, Muhammad Zulfa Aulia, Raffles Raffles
Jurnal Hukum & Pembangunan
Today, mass media tend to be exclusively possessed by certain business groups who generally have affiliation to authorities or political parties. This article disscusses the concentration of mass media ownership in the light of constitutional and competition law. The article argues that the privatisation of business and politics towards public information through mass media, which is inevitable, has to be minimized. This due to the fact that mass media is one of pillars to which the democracy of a nation relies on. Despite the ownership of mass media which is a part of expressions (by some elites) of the people …
Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu
Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu
Jurnal Hukum & Pembangunan
The decision on judicial review of Laws by the Constitutional Court was allegedly not fully obeyed by the parties affected by the decision. One form of disobedience tothe judicial review decision by the Constitutional Courtwas shown by the Supreme Court concerning the decision related to the opening of the opportunity to submit a Peninjauan Kembali more than once, which was responded by the Supreme Court with internalregulations which emphasized that Peninjauan Kembali could only be done once.From the phenomenon, this research tries to trace the concept of judicial restraint in the practice of judicial power in Indonesia, as well as …
The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid
The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid
Jurnal Hukum & Pembangunan
Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who …
Aspek Hukum Peran Wakaf Tunai Pada Masa Pandemi Covid 19, Siska Lis Sulistiani, Intan Nurrachmi, Eva Misfah Bayuni
Aspek Hukum Peran Wakaf Tunai Pada Masa Pandemi Covid 19, Siska Lis Sulistiani, Intan Nurrachmi, Eva Misfah Bayuni
Jurnal Hukum & Pembangunan
The development of cash waqf in Indonesia in the past 10 years is of particular concern. With the law No. 41 of 2004 concerning endowments became the initial foothold in the development of forms of cash endowments, including endowments of money, endowments sukuk, endowments of Islamic insurance policies and others. Of all the innovations of this waqf because waqf has more flexible properties to be able to make new breakthroughs that fit the needs of the times without reducing the essence of the waqf. The legal aspect of developing cash waqf is important because it will affect its position and …
Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati
Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati
Jurnal Hukum & Pembangunan
The coronavirus (covis-19) is impacting all sectors across the world. Moreover, the covid-19 pandemic will accelerate change in the world economy. That brings both opportunity and danger, says Henry Curr in The Economist. In dealing with global disaster which impacts to the finance and economy world, such as the pandemic of covid-19, fintech lending offers the fastestand the most easy lending service for people in the whole business world nowdays. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most …
Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba
Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba
Jurnal Hukum & Pembangunan
Socio-legal studies are the kind of study that presents the point of view to see the law which focuses on the contact more than the texts. By legal socio approach, the problem which will be learned is notonly study to the norms studied or the law doctrine but see the contact detail of the norms and the enactment. How the law work in the public which will be learned by legal socio study. The legal socio study is done by refer to the research result Cotterrell R about the theory and value. Cotterrell enters the value to explain the action …
Perspektif Hukum Mengenai Jasa Netflix Di Indonesia Terkait Indonesia Schedule Of Specific Commitment Dalam Lingkup General Agreement Trade In Services, Chorfiranda N.M
Perspektif Hukum Mengenai Jasa Netflix Di Indonesia Terkait Indonesia Schedule Of Specific Commitment Dalam Lingkup General Agreement Trade In Services, Chorfiranda N.M
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This journal discusses Netflix services in Indonesia within the scope of the General Agreement on Trade in Services. Netflix is a company from the United States that is engaged in leasing movies and television series with a subscribe system that is digitally distributed. Currently the international regime that includes services is the General Agreement on Trade in Services (GATS). GATS regulates services that have crossed the borders of the World Trade Organization (WTO) member based on GATS principles. This thesis uses the study of normative law with prescriptive research and the conceptual approach. The results of this study indicate that …
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Scholarly Articles
One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …
Delaware's Global Competitiveness, William J. Moon
Delaware's Global Competitiveness, William J. Moon
Faculty Scholarship
For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.
This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Maurer Theses and Dissertations
This study examines the limitations of treaty shopping in international investment law and arbitration by recognizing some steps and factors that states, especially developing states, and arbitral tribunals may consider regarding the purpose and objective of investment agreements and contracting states’ viewpoints. The focus is solely on the multinational corporation as a corporate investor. To understand these limitations, this study has divided the topic through three separate research questions. The first question is how a state can regulate MNCs in a way that limits their ability to practice treaty shopping, whether domestically or internationally via BITs or regional investment agreement, …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Modernizing The Fair And Equitable Treatment Standards In The Energy Charter Treaty, Sydney Thurman-Baldwin
Modernizing The Fair And Equitable Treatment Standards In The Energy Charter Treaty, Sydney Thurman-Baldwin
University of Miami Business Law Review
As oil and gas continue to be hot commodities for national economies, the number of international arbitrations in the energy sector has continued to rise in recent years. As the utilization of International Arbitration continues to rise in Energy disputes, so does the invocation of The Energy Charter Treaty (“ECT”). The ECT promotes inter-governmental cooperation with contracting parties in the energy sector through its provisions on investment protection, provisions on trade, transit of energy, energy efficiency, environmental protection and dispute resolution. These provisions are considered to be the cornerstone of the treaty, fostering a ‘level playing field’ for foreign investments …