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2021

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Full-Text Articles in International Law

Analisa Hukum Kedudukan Efek Syariah Yang Diterbitkan Emiten Sebagai Instrumen Hukum Pasar Modal Dalam Kontruksi Hukum Pasar Modal Indonesia, Irvon Septian Nov 2021

Analisa Hukum Kedudukan Efek Syariah Yang Diterbitkan Emiten Sebagai Instrumen Hukum Pasar Modal Dalam Kontruksi Hukum Pasar Modal Indonesia, Irvon Septian

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Act Number 8 of 1995 concerning the Capital Market regulates the activities related to the Public Offering and Securities trading, Public Company related to the Securities it publishes, as well as Securities-related institutions and professions. Issuers as public companies that issue securities not only move in the conventional capital market but also move on the syariah capital market. Sharia capital market is a capital market in which trade takes place in it, not in contradiction with sharia principles and trading principles in accordance with Islamic law. Differences in sharia capital market with conventional capital market can be seen in …

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Embedah Parameter Berusaha Dalam Upaya Meningkatkan Kemudahan Berinvestasi Di Indonesia (Studi Komparasi Indonesia Dan Vietnam), Hilda Swandani Prastiti Nov 2021

Embedah Parameter Berusaha Dalam Upaya Meningkatkan Kemudahan Berinvestasi Di Indonesia (Studi Komparasi Indonesia Dan Vietnam), Hilda Swandani Prastiti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Investment is an important component for a country to drive economic activities. Investments both from within and from abroad or Foreign Direct Investment, require a good investment climate and ease of doing business. Indonesia is one of the countries with abundant natural and human resources, but in fact it is not alway in positive connection with the increase of investment. Lack of investment means slow economic growth for a country. This paper intends to conduct a comparative study of the policies taken by the Government of Indonesia and the Government of Vietnam in an effort to improve the Investment …

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Upaya Perlindungan Dan Keselamatan Kerja Pekerja Anak Di Jermal, Hamidah Siadari Nov 2021

Upaya Perlindungan Dan Keselamatan Kerja Pekerja Anak Di Jermal, Hamidah Siadari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Poorness is the main factor of children forced to work, this job is to meet the needs of live to his or her family. Indonesia has provided a rule of law for children who are forced to work, but on the condition that the work does not interfere with education, does not harm its health and safety. But the fact is that there are still employers who dare to hire children for reasons of lower paid wages, but not necessarily the jobs given to the child are lighter or sometimes even as heavy as adults. One type of work that …

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Perlindungan Hukum Terhadap Virtual Model (Cad Files) Untuk 3d Printing Ditinjau Dari Perspektif Hak Cipta Dan Tentang Desain Industri, Gusti Karina Saraswati Nov 2021

Perlindungan Hukum Terhadap Virtual Model (Cad Files) Untuk 3d Printing Ditinjau Dari Perspektif Hak Cipta Dan Tentang Desain Industri, Gusti Karina Saraswati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The existence of 3D Printing and CAD Files has great potential to conflict with the protection of intellectual property rights, especially copyright and industrial design. It is undeniable that in the future this technology will flourish in Indonesia. 3D Printing can change market ecosystem where people not selling product but selling virtual model (CAD Files). This ecosystem will have an impact on designer and companies, so they will try to protect their CAD Files from modification and copying by other parties. The legal problem of this research is to answer the question of the form of protection for CAD Files …

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Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani Nov 2021

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The COVID-19 pandemic has shifted the form of conducting music concerts from face-to-face concerts to online concerts through the live stream mechanism. Some practitioners opine that the implementation of live stream online concerts is considered to contain elements of temporary reproduction (ephemeral recording) and may be used for the purposes as regulated in Article 49 of Law No. 28 Year 2014 on Copyright. This paper examines whether the use of copyrighted songs in live streams music concerts can be categorized as ephemeral recording. This research will be carried out using socio-legal studies methods as an interdisciplinary studies with the help …

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Transplantasi Hukum Prinsip National Treatment Dalam Uu Penanaman Modal Indonesia, Desky Setiawan Nov 2021

Transplantasi Hukum Prinsip National Treatment Dalam Uu Penanaman Modal Indonesia, Desky Setiawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Foreign investment is one of the important elements of development for developing countries. Indonesia as a developing country needs to make efforts to pull foreign investment into the country. One of the efforts is by transplanting international legal principles aimed at foreign investor protection, such as National Treatment Principle which gives protection to the foreign shareholder by providing the same treatment to the foreign investor and domestic investor, therefore, creating a level playing field for business in the country for foreign and domestic investors alike. The legal transplant of international legal principles must also consider the existing legal rules and …

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Perlindungan Terhadap Pihak Ketiga Yang Beritikad Baik Dalam Proses Jual Beli Tanah (Ditinjau Dari Putusan Pengadilan Negeri Denpasar Nomor 800/Pdt.G/2013/Pn.Dps Dan Putusan Pengadilan Negeri Palembang Nomor 3/Pid.Sus-Tpk/2014/Pn.Plg), Daniel Alexander Siregar Nov 2021

Perlindungan Terhadap Pihak Ketiga Yang Beritikad Baik Dalam Proses Jual Beli Tanah (Ditinjau Dari Putusan Pengadilan Negeri Denpasar Nomor 800/Pdt.G/2013/Pn.Dps Dan Putusan Pengadilan Negeri Palembang Nomor 3/Pid.Sus-Tpk/2014/Pn.Plg), Daniel Alexander Siregar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Of the many cases of land emerging in Indonesia often collide with many aspects of application, namely the clash between national law/positive law and the original law/customary law on the local community, or clash with multiple ownership of a land object. To examine this issue, it is of course worth a further review of why this can happen, and need to reflect on whether what makes this phenomenon appear to be so difficult to find a definite solution. Then it can not be denied again the rise of land brokering practices that make Indonesia increasingly becoming a very difficult country …

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Kasus Ds-477 Dan Ds-478 Indonesia-New Zealand-America Importation Of Horticultural Products, Animals And Animal Product Dikaitkan Dengan Prinsip Penghapusan Hambatan Kuantitatif, Bella Oktaviani Nov 2021

Kasus Ds-477 Dan Ds-478 Indonesia-New Zealand-America Importation Of Horticultural Products, Animals And Animal Product Dikaitkan Dengan Prinsip Penghapusan Hambatan Kuantitatif, Bella Oktaviani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Free trade is the most important thing in the life of the international community at this time, with that the WTO was established to harmonize free trade between fellow member countries and minimize any free trade disputes with WTO member countries. Even so, the WTO does not deny the disputes that often occur between member countries, for example in case of importations of horticultural products, animals and animal products between Indonesia and New Zealand and the USA related to Indonesian regulation which are considered by the plaintiff as a form of restrictions in international trade. In the end, New Zealand …

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Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal, Auditya Firza Saputra Nov 2021

Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal, Auditya Firza Saputra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The number of smokers and cigarette sales in Indonesia has been increasing every year. In parallel with that, the latent risk faced by society is increased. In the socio-cultural context, the cigarette industry has been transformed into a hegemony whose expansion is unstoppable. The circulation of cigarette products is still become an unresolvable problem. Such problem expands from merely legal issues to the ethical dimension. The corporate social responsibility carried out by the corporation tends to be in favor of promotional motive, or creating false public reputation, which makes its implementation often deviate from its philosophy. Inevitably, the smoking phenomenon …

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Urgensi Pengaturan Private Enforcement Dalam Konteks Persaingan Usaha Di Indonesia, Andi Nugroho Nov 2021

Urgensi Pengaturan Private Enforcement Dalam Konteks Persaingan Usaha Di Indonesia, Andi Nugroho

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Business competition is one of the important factors in stimulating economic development in a country. As for business competition, it can encourage business actors to compete in conducting business innovations in order to get loyal consumers so that maximum profits can be achieved. One of the mechanisms for enforcing business competition law in Indonesia is the private enforcement method. In general, in Indonesia, law enforcement using the private enforcement method in orderly business competition has not been explicitly regulated in Law no. 5 of 1999. This can be seen from the compensation which is one of the elements of private …

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Hukum Persaingan 4.0: Issue Bigdata, Artificial Intelligence Dan Blockchain Dalam Konteks Hukum Persaingan Usaha Di Era Industri Ekonomi Digital, Aldo Suhartono Putra Nov 2021

Hukum Persaingan 4.0: Issue Bigdata, Artificial Intelligence Dan Blockchain Dalam Konteks Hukum Persaingan Usaha Di Era Industri Ekonomi Digital, Aldo Suhartono Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The purpose of the Antitrust Law which is regulated under Indonesian Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition, is to create market efficiency by preventing monopoly, both productive efficiency and allocative efficiency. Methods that can be used to identify anti-competitive practices are per-se-illegal and rule-of-reason. The era of the digital economy industry has changed the landscape of world economic activity, the presence of Arficial Intelligence, Big Data, and Blockchain, in certain dimensions can help us reach markets more efficiently, but in other dimensions, the presence of this technology makes the elements and characteristics …

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Risiko Pemberi Kerja Atas Ketidakpatuhan Dalam Program Jaminan Sosial Ketenagakerjaan, Akmal Lageranna Nov 2021

Risiko Pemberi Kerja Atas Ketidakpatuhan Dalam Program Jaminan Sosial Ketenagakerjaan, Akmal Lageranna

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The constitution guarantees that all citizen receives social security protection from the state. The state implements this constitutional mandate through the provisions of the national social security legislation by establishing Badan Penyelenggara Jaminan Sosial (BPJS) or Social Security Administering Departement. BPJS Ketenagakerjaan which is one of the two BPJS established with the scope of implementing an employment social security program to protect workers. Protection of workers is employer responsibility and required to gradually register business entity and all the workers as participants in BPJS Ketenagakerjaan; and also provide complete and correct data of business entity and their employees and their …

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Tinjauan Hukum Terhadap Adanya Utang Baru Yang Dimiliki Debitor Yang Timbul Setelah Dilakukan Homologasi Oleh Pengadilan Niaga Pada Penundaan Kewajiban Pembayaran Utang, Ahmad Firdaus Syahrul Nov 2021

Tinjauan Hukum Terhadap Adanya Utang Baru Yang Dimiliki Debitor Yang Timbul Setelah Dilakukan Homologasi Oleh Pengadilan Niaga Pada Penundaan Kewajiban Pembayaran Utang, Ahmad Firdaus Syahrul

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The second or repeated PKPU application is often underestimated even though the second PKPU can occur as long as it fulfills the provisions of the law. According to some people, if the homologated peace plan has been achieved, it cannot be resubmitted to PKPU with a different debt. The problem that exists is regarding the legal review of the existence of new debts owned by debtors that arise after homologation is carried out by the commercial court on the suspension of debt payment obligations. The research method is a normative juridical research, the typology of the research uses analytical descriptive. …

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Perlindungan Hukum Konsumen Terhadap Masyarakat Penerima Beras Bantuan Sosial Terkait Penanganan Pandemi Covid-19, Agung Trisakti Nov 2021

Perlindungan Hukum Konsumen Terhadap Masyarakat Penerima Beras Bantuan Sosial Terkait Penanganan Pandemi Covid-19, Agung Trisakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In handling the spread of COVID-19, the Indonesian government provides social assistance to communities affected by COVID-19 through the Ministry of Social Affairs, one of which is by providing assistance in the form of staple food, namely rice which is distributed through one of the BUMNs in the food sector, namely Perum BULOG. In the implementation of the distribution of aid, it was found that there were reports related to rice that had been distributed in poor quality and was mixed with other materials which were feared to have an impact on the people who consumed the rice. The research …

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Introducing David Lefkowitz’S Philosophy And International Law, Andreas Follesdal, Steven R. Ratner Nov 2021

Introducing David Lefkowitz’S Philosophy And International Law, Andreas Follesdal, Steven R. Ratner

Reviews

David Lefkowitz’s new book Philosophy and International Law: A Critical Introduction (Cambridge University Press, 2020) comes at a critical time in the conversation between international law scholars and practitioners, on the one hand, and philosophers, whether legal, moral, or political, on the other. Until about fifteen years ago, philosophical inquiry related to the international legal order was generally limited to a few issues within political and moral philosophy, notably distributive justice and just war theory. Since that time, an expansion has taken place in two directions. First, political and moral philosophers are writing about other aspects of the global political …

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Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli Nov 2021

Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli

St. Mary's Law Journal

Abstract forthcoming.

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Tasking The Leviathan: Right To Protest, Good Governance, And Implications For National Security And International Law, Olalekan Moyosore Lalude Nov 2021

Tasking The Leviathan: Right To Protest, Good Governance, And Implications For National Security And International Law, Olalekan Moyosore Lalude

Journal of Sustainable Social Impact

The right to good governance is a right inalienable to the democratic process. Content analysis was used as the data source for this paper. This study would attempt to resolve the questions on the intricate connection between the right to protest and the right to good governance in Nigeria and what this means for national security and international law. In this essay, it was argued that the international law space is shrinking for holding the democratic process accountable in sovereign states. The significance of the essay is to suggest a new direction for the engagement of international law mechanisms on …

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Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos Nov 2021

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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A Personal Journey Through The Rule Of Law In The South Pacific, W. K. Hastings Nov 2021

A Personal Journey Through The Rule Of Law In The South Pacific, W. K. Hastings

Judicature International

No abstract provided.

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Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru Nov 2021

Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru

Joint PIJIP/TLS Research Paper Series

As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South Africa and India, as well as the groundbreaking support of the United States, however, explicitly applied to all forms of intellectual property. This paper documents many instances where non-patent forms of intellectual property create barriers to the global scale up of access to vaccines, treatments, and the ability to contain the virus through social distancing. Addressing …

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Deep In The Heart Of North America: Texas And The Future Of North American Energy Trade, Guillermo J. Garcia Sanchez, James W. Coleman Nov 2021

Deep In The Heart Of North America: Texas And The Future Of North American Energy Trade, Guillermo J. Garcia Sanchez, James W. Coleman

Mission Foods Texas-Mexico Center Research

Texas, the heart of North American energy markets, has recently emerged from history’s biggest oil boom, and is becoming the crossroads for an increasingly two-way trade in oil and gas. Texas and Mexico, in particular have much to gain from expanded energy trade. This report shows how energy law changes in the U.S. and Mexico present under-studied dangers to cross-border energy trade and will set an agenda for legal reform to enable mutually beneficial fuel and power trade.

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Volume 2 (November 2021) Nov 2021

Volume 2 (November 2021)

Graduate Legal Studies and International Programs Newsletter

A newsletter produced jointly by the Indiana University Maurer School of Law Office of Graduate Legal Studies and Office of International Programs.

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A Roadmap For Foreign Official Immunity Cases In U.S. Courts, William S. Dodge, Chimène I. Keitner Nov 2021

A Roadmap For Foreign Official Immunity Cases In U.S. Courts, William S. Dodge, Chimène I. Keitner

Fordham Law Review

This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern the immunity of foreign officials. Since Samantar, dozens of decisions have addressed questions of foreign official immunity. Yet, U.S. courts often seem lost. They frequently fail to engage with the customary international law rules of foreign official immunity, instead reaching back to an outdated provision of the 1965 Restatement (Second) of Foreign Relations Law. Courts are divided on how much deference to give …

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Advocates Say Isds Is Necessary Because Domestic Courts Are ‘Inadequate,’ But Claims And Decisions Don’T Reveal Systemic Failings, Maria Rocha, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye Nov 2021

Advocates Say Isds Is Necessary Because Domestic Courts Are ‘Inadequate,’ But Claims And Decisions Don’T Reveal Systemic Failings, Maria Rocha, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye

Columbia Center on Sustainable Investment Staff Publications

Proponents of including investor-state dispute settlement (ISDS) provisions in treaties, contracts, and even national laws argue that ISDS is necessary because domestic courts are “inadequate.” Without this mechanism, foreign investors would be dependent on domestic courts and administrative mechanisms, which, proponents claim, are often inefficient, slow, biased, corrupt, and lacking in international law expertise, especially in developing countries. As one insight to analyze the “inadequate courts” argument, CCSI has examined treaty-based ISDS cases in which investors complained of domestic court proceedings or decisions, including the specific complaints and the tribunals’ analysis of those claims.

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Limits Of The Rule Of Law: Negotiating Afghan "Traditional" Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan Nov 2021

Limits Of The Rule Of Law: Negotiating Afghan "Traditional" Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Vanderbilt Journal of Transnational Law

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the "alterity" of law. The Article suggests that far from being analytical tools, concepts such as "context," "culture," and "customary" are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospisil's ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan "traditional" law as an alternative …

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A Tribe Divided: The Threat Of The Loss Of Tribal Autonomy And Culture Facing Transnational Tribes On The Northern And Southern Borders Of The United States, Jacob Moeller Nov 2021

A Tribe Divided: The Threat Of The Loss Of Tribal Autonomy And Culture Facing Transnational Tribes On The Northern And Southern Borders Of The United States, Jacob Moeller

Vanderbilt Journal of Transnational Law

Indigenous peoples in the northern and southwestern regions of the United States face challenges to the preservation of their cultures, economies, governments, and family relations as a result of the international borders that have bisected their traditional lands. While there is a history of treatymaking and governmental policy attempting to address these issues, the lack of an effective solution and concrete. border policy for tribe members in these regions leaves them without recourse. Some scholars suggest universal US citizenship for tribe members, others suggest tribe-specific legislation, and some even suggest that the tribes pursue litigation against the United States to …

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Breaking The Status Quo Of International Design Law: How The United States' Design Law Frustrates The Purpose Of The Hague Agreement, Nicholas P. Mack Nov 2021

Breaking The Status Quo Of International Design Law: How The United States' Design Law Frustrates The Purpose Of The Hague Agreement, Nicholas P. Mack

Vanderbilt Journal of Transnational Law

This Note explores how the United States' substantive law frustrates the purpose of an international procedural agreement. The Hague Agreement Concerning the International Registration of Industrial Designs revolutionized the process of applying for industrial design protections on a global scale. The Hague Agreement's purpose is to support easily and efficiently acquired industrial design protections in contracting parties to the agreement by simplifying procedures for obtaining protection. The United States-a country without a coherent and dedicated industrial design law-joined this agreement with effect in 2015, allowing designers around the world to easily apply for industrial design protections in the United States. …

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How To Make The Perfect Citizen? Lessons From China's Social Credit System, Liav Orgad, Wessel Reijers Nov 2021

How To Make The Perfect Citizen? Lessons From China's Social Credit System, Liav Orgad, Wessel Reijers

Vanderbilt Journal of Transnational Law

"How to make the perfect citizen?" This has been one of the questions driving the construction of the Chinese Social Credit System: a technology-driven project that aims to assess, evaluate, and steer the behavior of Chinese citizens. After presenting social credit systems in China's public and private sectors (Part II), the Article provides normative standards to distinguish the Chinese system from comparable systems in liberal democracies (Part III). It then discusses the concept of civic virtue, as implemented by the Social Credit System, claiming that it creates a new form of governance, "cybernetic citizenship," which fundamentally changes the essence of …

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"Authoritarian International Law" In Action? Tribal Politics In The Human Rights Council, Yu-Jie Chen Nov 2021

"Authoritarian International Law" In Action? Tribal Politics In The Human Rights Council, Yu-Jie Chen

Vanderbilt Journal of Transnational Law

The international human rights regime, a product of post- war liberalism, is increasingly falling under the shadow of authoritarian countries that try to influence the regime in favor of their illiberal agendas. This Article uses the United Nations Human Rights Council (HRC) as a prism to examine the changing dynamics among leading authoritarian and democratic actors as they contend to shape global human rights norms and institutions. This Article argues that China, the most resourceful authoritarian party-state, is engaging in what can be understood as tribal international politics, forming coalitions with authoritarian governments and developing countries that have different state …

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The Status Of State And Nonstate Actors In Postwar Hostilities: Restoring The Rule Of Law To Us Targeted Killing Operations, Claire Finkelstein Nov 2021

The Status Of State And Nonstate Actors In Postwar Hostilities: Restoring The Rule Of Law To Us Targeted Killing Operations, Claire Finkelstein

Vanderbilt Journal of Transnational Law

With the killing of Iranian general Qassim Soleimani, the United States crossed a new frontier in the use of extrajudicial lethal operations outside of armed conflict. As a state actor, Soleimani once would have been entirely off-limits as a target outside the context of a formal armed conflict between the United States and Iran. The Trump administration's choice to conduct a one-off strike on a state military leader indicates that conflicts among state adversaries are increasingly fought using the hybridized tools of the war on terror. This Article will argue that the increasing use of such techniques and the perceived …

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