International Law Commons^™

Reconstructing The Enforcement Of The Code Of Ethics For General Elections In Indonesia: A Prophetic Law Perspective, Fradhana Putra Disantara, Ratih Listyana Chandra, Aan Efendi, Iwan Rachmad Soetijono, Souad Ahmed Ezzerouali

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research examines the reconstruction of ethical code enforcement for election organizers in Indonesia through the perspective of prophetic law, arguing that ethical adjudication should extend beyond procedural compliance by integrating humanization, liberation, and transcendence as normative foundations of substantive justice. Employing doctrinal legal research, the study uses statutory, conceptual, case, and comparative approaches. It compares Indonesia's regulatory framework with the ethical governance systems of India and the United States to identify institutional models that strengthen integrity while respecting distinct constitutional traditions. The findings demonstrate that ethical adjudication differs fundamentally from administrative law: it governs the forum internum of election …

The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing, Erna Dyah Kusumawati, Sasmini Sasmini

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The convergence of the global climate crisis, pursuant to the UNFCCC Paris Agreement and its implementing protocols as well as the fundamental right to housing has fundamentally disrupted established legal paradigms, necessitating a rigorous re-examination of the normative status of state obligations. This paper examines the scope of governmental responsibility to mitigate climate-induced threats to housing security. Drawing upon international human rights frameworks and contemporary legal discourse, the study interrogates the complex friction emerging at the intersection of environmental mandates and housing protections. Through a systematic analysis of the existing literature and recent developments in the international climate change framework, …

Territorial Representation In Fiscal Governance: A Comparative Constitutional Analysis Of Indonesia's Regional Representative Council And South Africa's National Council Of Provinces, Endah Yuniningsih, Deden Rafi Syafiq Rabbani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines the institutional role of territorial chambers in fiscal governance through a comparative constitutional analysis of Indonesia's Regional Representative Council (DPD) and South Africa's National Council of Provinces (NCOP). While the DPD was established to strengthen regional representation following Indonesia's decentralization reforms, its legislative role in fiscal policymaking remains institutionally constrained. Existing scholarship has primarily focused on the DPD's constitutional status in debates on bicameralism, with comparatively little attention to how constitutional design shapes the role of territorial chambers in fiscal governance and intergovernmental fiscal relations. Using a normative legal research method that combines statutory, conceptual, and comparative …

Geoengineering And Criminal Liability Comparative Lessons For Penal Reform, Zico Junius Fernando, Deviana Yuanitasari, Chairul Huda, Muhammad Yamani, Arimbi Fajari Furqon

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Geoengineering has emerged as a controversial climate technology involving large-scale interventions such as cloud seeding, weather modification, and unregulated carbon capture. While these practices are promoted as solutions to climate change, they also generate significant ecological risks that remain largely unaddressed within criminal law frameworks. This article examines the absence of explicit criminal liability for geoengineering-related harms and explores how comparative legal experiences can inform future penal reform. This research uses normative research methods with several approaches, including comparative, conceptual, and futuristic approaches. The collected legal materials are analysed qualitatively, and content analysis is employed to classify and interpret relevant …

The Expansive Power Of The House Of Representatives As A Precondition For Constitutional Rot, Isnawati Isnawati, Adam Setiawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines how the expansive powers of the Indonesian House of Representatives have contributed to constitutional rot because those powers no longer operate effectively or proportionately. It identifies dysfunction in the House of Representatives through weak legislative performance, inadequate oversight of the executive branch, and transactional political practices in appointment processes. Using a doctrinal legal method and contemporary constitutional theory as its analytical framework, this study argues that the expansive powers of the House of Representatives constitute a precondition for constitutional rot, evidenced by the poor exercise of legislative authority and institutional intervention through amendments to the Rules of …

Reconstructing Legal Certainty In Legacy Oil Well Management: A Systemic Model For Resource Governance, Azhar Azhar, Bagaskara Sagita Wijaya, Siti Darwinda Mohamed Pero, Cynthia Azhara Putri

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Legacy oil wells present persistent legal and institutional challenges in resource-dependent regions, where ageing infrastructure, informal extraction, environmental risk, and fragmented public authority intersect. This article examines how legal certainty is weakened in the management of legacy oil wells and how it may be reconstructed through a systemic model for resource governance. Using interdisciplinary socio-legal research, the study combines doctrinal legal analysis of Indonesia's oil and gas regulatory framework with qualitative field insights from Musi Banyuasin, a subnational setting in which formally recognised legacy wells coexist with community-operated wells. The analysis shows that legal uncertainty does not arise merely from …

Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective, Abdul Madjid Podungge

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This paper analyses the legal validity of Bank Indonesia's Floating Rate Notes (BI-FRN) following the Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) from a public law viewpoint. Doctrinal legal research utilises statutory, conceptual, and comparative methodologies, augmented by literature network visualisation, to pinpoint structural deficiencies. The network analysis reveals a significant divide between technical financial transactions and administrative legal oversight. The findings indicate that Article 11 of the P2SK Law enforces a stringent priority clause that centres monetary policy solely on Rupiah stability. This legal barrier prohibits abuse of power by …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Shedding Light On International Criminal Law, Mohamad Walid Abdulrahim

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The article sheds the light on International Criminal Law (ICL), one of the modern branches of Public International Law that defines international crimes and establishes the legal framework for prosecuting individuals responsible for the commission of these crimes, through substantive and procedural rules. It traces the historical evolution of the law, from traditional crimes like piracy and war crimes to the contemporary inclusion of international crimes: genocide, crimes against humanity, and the crime of aggression. Furthermore, it traces the evolution of enforcement mechanisms from the exclusive jurisdiction of national courts to ad hoc international tribunals and then to the International …

Le Néo-Classicisme Pénal En France À L’Époque Contemporaine, Antoine A. El Khoury

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Bibliographie De Droit Privé, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim

Ocean and Coastal Law Journal

In Spring, Texas, there is a house that has flooded twenty times due to heavy rain and flooding, resulting in National Flood Insurance Program (NFIP) payouts totaling over $912,000 to cover the repairs. This house’s current value is $42,000, so the payouts have dwarfed its value by over nineteen times. The story of this home is indicative of an ongoing crisis regarding the NFIP, but also a larger crisis of how we manage the risks of flooding in the United States. Flooding causes more damage in the United States than any other severe weather-related event, costing an average of $5 …

Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng

Ocean and Coastal Law Journal

Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …

Le Champ De Compétence De La Cour Pénale Internationale, Doreid Becheraoui

Proche-Orient, Études juridiques

No abstract provided.

Stopping Child Pornography And Csam Online: Act Local, Unite Global, Hon. Anne-Christine Massullo, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025