Conflict of Laws Commons^™

But We Didn’T Agree To That!: Why Class Proceedings Should Not Be Implied From Silent Or Ambiguous Arbitration Clauses After Lamps Plus, Inc. V. Varela, Andrea Demelo Laprade

Catholic University Law Review

The application of class arbitrability when a contract is silent on the matter remains a mystery. The Supreme Court has not clarified its stance on class arbitrability and preemptive effects of the Federal Arbitration Act on state law when applied to determine if class arbitrability is available. The purpose of this Paper is to address how the Lamps Plus v. Varela decision created more confusion about the question of class arbitrability. It argues that the failure to address the particulars of the availability of class arbitration will perpetuate litigation on this issue. This Paper suggests that the FAA’s purpose supports …

Hong Kong’S Extradition Bill: Implications & Ramifications, Grace Wang

Brooklyn Journal of International Law

Since June 2019, millions of people in Hong Kong protested against the proposed extradition bill, which would permit the HKSAR government to extradite anyone residing, visiting, or passing through Hong Kong to mainland China with which it has no formal extradition agreement with. This Note will argue that the proposed extradition bill not only created a legal loophole in the existing system by removing legislative scrutiny and judicial oversight, but also violated international human rights law in light of mainland China’s record of serious human rights violation. Instead, the HKSAR and PRC governments should cooperate to create an impartial special …

Reconceptualising Fiduciary Regulation In Actual Conflicts, Man Yip, Kelvin Low

Research Collection Yong Pung How School Of Law

Tis article reviews the fiduciary duty to avoid actual conflicts. It argues that the duty to avoid actual conflicts adds limited substantive value to fiduciary accountability. Its present form has also contributed to widespread misconception of what should be expected of an unfortunate fiduciary who finds themselves in such a position. In this respect, we propose that many of the modern scenarios involving actual conflicts of duties or conflicts of duties and interests are better analysed not in terms of conflict avoidance but in terms of conflict management. Our analysis paves the way for thoughtfully working out what the fiduciaries’ …

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …

Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker

Brooklyn Journal of International Law

Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …

Conflict Of Laws, Geoblocking, And Intellectual Property, Marketa Trimble

Media & Informal Publications

Professor Trimble's presentation on geoblocking and intellectual property for IP Colloquium, Indiana University Maurer School of Law (Nov. 4, 2021).

Problems Of Conflict Of Laws On The Issue Of Inheritance Between Those Of Different Religions Under The Algerian Law: Analytical Study, M’Hamedi Bouzina Amina

UAEU Law Journal

What is established in Islamic law is the non-permissibility of inheritance between the Muslim and non-Muslim, which is also the case in the Arab laws, including the laws of countries that define the sectarian diversity of personal status; as in Egyptian law through Article VI of Law No. 77 of 1943 On the inheritance of non-succession between the Muslim and non-Muslim, which was followed by the Lebanese law of June 23, 1959, but if we return to the Algerian law, we find that he did not establish a base of attribution on this issue, and in the absence of a …

Conflicting Limitation Periods: A Comparison Between Hong Kong And Mainland China, Alan Gibb, King Fung Tsang

Cardozo International & Comparative Law Review

The article examines the conflicting approaches to limitation periods in private international law between Hong Kong and Mainland China. It highlights the complexities arising from Hong Kong's traditional common law approach, which characterizes limitation periods as procedural, and Mainland China's structured approach, which treats them as substantive. The article advocates for legislative reform in Hong Kong to adopt a more modern approach, aligning with international practices and reducing forum shopping and legal uncertainty.

Striking The Balance Between Contractual Rights And Obligations: Restructured Contract Law In The Newly Enacted Chinese Civil Code, Mo Zhang

Cardozo International & Comparative Law Review

Contract legislation in China experienced a significant change as a result of the Civil Code's enactment in 2020. With a focus on civil rights and private interests, contract law and other areas of law are expected to help promote the development of a rights-based society under the Civil Code-a much wanted shift from the traditionally obligation-based society. In this context, the Civil Code is hailed in China as a milestone in the country's legal landscape.

The Civil Code consolidated the 1999 Contract Law with judicial practices and restructured the legal framework governing contracts by modifying or adding provisions aimed at …

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 …

Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan

Indonesian Journal of International Law

The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where more …

Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal

Indonesian Journal of International Law

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show …

Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah

Indonesian Journal of International Law

International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering …

Author's Right Is Not Only Copyright, Agus Sardjono

Indonesian Journal of International Law

This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.

Contemporary Human Displacement: A Comparative Analysis Of Syria, Yemen, Honduras, And Venezuela, Rav Carlotti

Dissertations, Theses, and Capstone Projects

What is causing the surge in human displacement around the world? Large-scale displacement in Syria, Yemen, Honduras, and Venezuela has generated unprecedented humanitarian crises in Latin America and the Middle East as millions of displaced people end up as refugees or immigrants. Humanitarian organizations like the UNHCR and host countries have had their resources overextended by these ongoing crises, and there is no end in sight. This thesis shows that contemporary human displacement is rooted in the increasing inability of governments to manage their societies amid great political demands and socio-economics strains. These causes are difficult to tackle because they …

Civil Disobedience From A Biblical Perspective, Gabriel Reed

Helm's School of Government Conference - 2021-2024

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of …

The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers

Master's Theses

The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein

Villanova Environmental Law Journal (1991 - )

No abstract provided.

How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel

Cardozo Law Review

No abstract provided.

Ketidakabsahan Pemindahan Hak Atas Saham Akibat Transaksi Menggunakan Cek Kosong (Studi Putusan Pengadilan Tinggi Dki Jakarta Register Perkara Nomor 51/Pdt/2019/Pt.Dki.), Lize Maydner

Indonesian Notary

This research discusses the implementation of the transfer of rights to shares in PT Permitra Parahyangan Prakasa, with a buying and selling mechanism that is paid using a cheque as the decision of the High Court of DKI Jakarta Register Case No. 51/PDT/2019/PT.DKI. The dispute occurred as a result of the use of cheque with an effective postponed date which was later proven in the trial to be a blank check, so that from the beginning at the time of the signing of the deed of sale can be ascertained there will never be an implementation of payment obligations on …

Analisis Konflik Hukum Dan Simulasi Pernyataan Pendirian Perseroan Terbatas Oleh Pendiri Tunggal, Adinda Afifa Putri

Indonesian Notary

This research discusses conflicts and legal issues that occur after the promulgation of Law no. 11 of 2020 concerning Job Creation. The government through the Job Creation Act seeks to assist the development of micro and small businesses by making several changes in the provisions of legislation in Indonesia. The amendment to the Limited Liability Company Law through the Job Creation Law became the legal basis for the establishment of an individual legal entity for micro and small enterprises (PT UMK). This is based on the lack of resources of micro and small business actors to establish a limited liability …

Perlindungan Hukum Terhadap Kedudukan Anak Yang Lahir Dari Perkawinan Tidak Tercatat (Studi Kasus Penetapan Pengadilan Agama Nomor 0208/Pdt.P/2018/Pajt), Alifa Yessi Meilinda

Indonesian Notary

Dampak dari perkawinan yang tidak dicatatkan yang berakibat pada status anak yang dilahirkan dari perkawinan masih banyak tidak diperdulikan oleh masyarakat. Pencatatan perkawinan yang diatur oleh peraturan perundangan perkawinan dimaksudkan untuk menjaga agar status perkawinan dan status anak yang dilahirkan sah dan jelas di mata hukum negara dan hukum agama. Selain itu dengan adanya pencatatan secara administratif oleh negara, dimaksudkan agar perkawinan yang merupakan perbuatan hukum penting yang memiliki akibat hukum yang sangat luas dan di kemudian hari perkawinan itu dapat dibuktikan dengan bukti yang sempurna dengan suatu akta autentik. Tujuan dalam penelitian ini adalah untuk menganalisis bagaimana kedudukan hukum …

Perlindungan Hukum Terhadap Notaris Dalam Proses Penyidikan (Studi Putusan Mahkamah Konstitusi Nomor 16/Puu-Xviii/2020), Anandiaz Raditya Priandhana

Indonesian Notary

Penelitian ini membahas mengenai Putusan Mahkamah Konstitusi Republik Indonesia Nomor 16/PUU-XVIII/2020 terkait dengan perlindungan hukum terhadap Notaris dalam Proses Penyidikan. Putusan Mahkamah Konstitusi Nomor 16/PUU-XVIII/2020 ini dimohonkan karena Pasal 66 ayat (1) Undang-Undang Nomor 2 Tahun 2014 dianggap menimbulkan dan/atau berpotensi menimbulkan adanya kerugian dalam melaksanakan tugas dan wewenangnya sebagai Jaksa, serta seakan-akan memberikan kedudukan yang lebih istimewa kepada seorang Notaris. Permasalahan dalam penelitian ini, yaitu yang pertama adalah kewenangan Majelis Kehormatan Notaris dan pembatasannya dalam Pasal 66 UUJN berdasarkan putusan Mahkamah Konstitusi Republik Indonesia Nomor 16/PUU-XVIII/2020. Metode penelitian yang digunakan adalah metode yuridis normatif, dengan menggunakan data sekunder, melalui …

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 …

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 …

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 …

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 …

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 …

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 …