International Law Commons^™

Perlindungan Hukum Pemegang Saham Atas Transaksi Material Pada Pt Sumalindo Lestari Jaya.Tbk Dikaitkan Dengan Prinsip Good Corporate Governance Sesuai Peraturan Pasar Modal Di Indonesia, Cornelia Kristi Deswardhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Minority shareholders of PT Sumalindo Lestari Jaya Tbk feel disadvantaged as a result of not holding a GMS for material transactions. The company should be required to hold a GMS as a form of company disclosure to shareholders. Therefore, the purpose of this study is to identify and understand material transactions and legal remedies for minority shareholders in PT Tbk and the application of GCG principles through Bapepam-LK supervision on material transactions at PT Sumalindo Lestari Jaya Tbk. The approach method used in the preparation of this research is the normative juridical method, meaning legal research that examines secondary data …

Pemenuhan Hak Atas Kesehatan Bagi Fakir Miskin Saat Pandemi Covid-19 Di Indonesia, Bonita Cinintya Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Economy and Social Welfare should not be read and understood as two separate concepts separately. Human rights are rights that humans have solely because they are human. Humanity has it not because it was given to it by society or based on positive law, but solely based on its dignity as a human being. The state's obligation to the right to health is stated in Article 34 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The state as the holder of the obligation to fulfil human rights has the responsibility to comply with these aspects when talking …

Alternatif Penyelesaian Sengketa Ekonomi Syariah Melalui Badan Arbitrase Syariah Nasional Dan Lembaga Alternatif Penyelesaian Sengketa Dalam Prospek Perkembangan Ekonomi Syariah Di Indonesia, Baiq Inti Dhena Sinayang

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The increasing number of sharia economic disputes as a result of sharia economic development causes alternative dispute resolution to be an option in resolving sharia disputes. Basyarnas and LAPS-OJK are sharia economic dispute resolution forums outside of litigation. From the results of the research, it is known that the National Basyarnas need to be strengthened against the implications of the unregistered Basyarnas in the LAPS-POJK list after the issuance of POJK No. 61 of 2020 jo. POJK No. 1 of 20014 concerning LAPS in the financial services sector. The mechanism for dispute resolution procedures at Basyarnas starts from the request …

Tinjauan Yuridis Proses Pelelangan Pengusahaan Jalan Tol Gilimanuk-Mengwi Ditinjau Dari Praktik Monopoli Dan Hukum Persaingan Usaha, Artika Purnama Sari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of a series of toll road concession tender processes is the pre-qualification stage in which participants who pass will follow the auction stage by taking a proposal request document. Participants who pass the prequalification in the form of a consortium at least one member of the consortium must have similar experience in toll road PPP projects. The purpose of this paper is to determine the legal aspects of monopolistic practice and business competition law in relation to the tender process for the Gilimanuk-Mengwi toll road concession. This writing uses a normative method by conducting a literature review. The results …

Perlindungan Atas Privasi Konsumen Dalam Layanan Reservasi Tiket Online Dari Pt. Kereta Api Indonesia, Aprilia Susanti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The significant increase in online activities cannot be separated from the many active internet users who use mobile internet connections to carry out their daily activities, one of which is for the convenience of making ticket reservations at PT. Indonesian Railways (KAI). The purpose of this research is to find out the study of the business law of protecting consumer privacy in the online ticketing service of PT. KAI. Data collection was carried out by means of a literature study of the relationship between laws and regulations in consumer protection and the position of PT. KAI as business actors and …

Perkembangan, Penerapan, Dan Tantangan Hukum Anti-Dumping Di Indonesia Ditinjau Dalam Kerangka Hukum Wto, Anggoro Aji Nugroho

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Anti-dumping is a form of action against price discrimination by importing countries by selling their products below normal values with the aim of competing with local products and potentially causing serious injury to the domestic industry for liked products. Indonesia as a member of the WTO is subject to the provisions of the WTO legal framework including provisions regarding anti-dumping. This research focuses on the development and application of anti-dumping laws based on the WTO in Indonesia as well as the challenges that will be faced by Indonesia in implementing anti-dumping in the future. This research uses qualitative methods, where …

Analisis Pengaturan Pajak Parkir Pada Badan Pengelola Pajak Retribusi Daerah Kabupaten Lampung Utara, Adinda Akhsanal Viqria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Parking tax is a local tax imposed under the law number 28 of 2009 on local taxes and user charge. The purpose of this study is to analyze the adequacy of the Parking Tax Reception System At the Office of Lampung Utara Regional Tax and Retribution Agency. The method used is descriptive analysis. Data were obtained through field studies. The results of this research is that the System of Parking Tax Admission in Lampung Utara City has been adequate and in accordance with the applicable regulations, namely the Minister of Home Affairs Regulation number 59 at 2007 includes the related …

Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller

Scholarly Articles

The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …

International Law In The Boardroom, Kishanthi Parella

Scholarly Articles

Conventional wisdom expects that international law will proceed through a “state pathway” before regulating corporations: it binds national governments that then bind corporations. But recent corporate practices confound this story. American corporations complied with international laws even when the state pathway broke down. This unexpected compliance leads to three questions: How did corporations comply? Why did they do so? Who enforced international law? These questions are important for two reasons. First, many international laws depend on corporate cooperation in order to succeed. Second, the state pathway is not robust, then or now. It is therefore vital to identify alternatives to …

Understanding The Indigenous And Tribal People Convention, 1989 (No. 169) : Handbook For Ilo Tripartite Constituents, Birgitte Feiring, International Labour Office

AALL Legal Website of the Month

The handbook is written by Birgitte Feiring, former Chief Technical Adviser of the ILO’s Programme to Promote ILO Convention No. 169 (PRO 169). This handbook aims to answer some of the essential questions of ILO constituents regarding the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Convention No. 169 is a unique Convention. Adopted by the International Labour Conference (ILC) in 1989, it represents a consensus reached by ILO tripartite constituents. Indigenous and tribal peoples are among the vulnerable groups of concern to the ILO to promote social justice, internationally recognized human and labour rights and Decent Work. Takes a …

La Relación Entre El Derecho Internacional Y El Derecho Interno En El Sistema Constitucional De Los Estados Unidos, Robert S. Barker

Barker Papers

A pesar de las amplias palabras de la Corte, la aplicaci6n de Derecho Internacional por los tribunales de los Estados Unidos es un tema complicado. Su propósito es el de identificar los principios mas importantes de la integracion y la separacion de Derecho Internacional y derecho interno en los Estados Unidos.

Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky L. Jacobs

Scholarly Works

I was incredibly fortunate to participate in the 2019 Study Space XII in Lisbon (SSXII), the theme of which was Living in a Tourist Destination: Regulating Planning, Housing. The theme was particularly timely and relevant. In 2019, a record 27 million visitors flooded Portugal.2 Lisbon, with an estimated population of only 517,802 as of January 2020,3 had 18.4 million tourists4 crowding its beautiful, but narrow and often steep, streets and its fabulous restaurants, bars, and cafes. The SSXII participants were among those throngs of tourists as we joined local academics, judges, and city officials and administrators who guided us around …

Introduction: Looking And Listening, Seeing And Hearing, Mark A. Drumbl

Scholarly Articles

This issue of the Temple Journal of International and Comparative Law hosts a symposium about Randle DeFalco's cutting-edge book, Invisible Atrocities: The Aesthetic Biases of International Criminal Justice. In it, DeFalco glances at glimpses of the metastasis of mass atrocity. He sees these metastatic processes-these movements-as simultaneously fast and slow. By fast, he refers to obvious and instantly horrific acts of physical violence. These are massacres, attacks, pogroms, and wanton destruction. But DeFalco also discerns that mass violence implicates slower movements and less directly causal harms: these are famine, starvation, corruption, impoverishment, mental anguish, and aid interference.' The movements …

Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.

Center for the Study of Law and Religion Books

“Table talks” have long been a familiar genre of writing for jurists, theologians, politi­cians, and novelists. In this little volume, thirty sage reflections on how to thrive in law school and in the legal profession are offered: short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth …

Of Looting, Land And Loss: The New International Law Of Takings, Gregory H. Fox, Noah B. Novogrodsky

Law Faculty Research Publications

No abstract provided.

Transition-Denial And Structural Adjustment: Causation And Culpability In The Cuban Economy Culpability In The Cuban Economy, Jose Gabilondo

Faculty Publications

In 2020, Cuba implemented the Tarea Ordenamiento (Tarea), the most significant economic reform since the construction of the socialist economy after the Revolution. Signaling an eclectic brand of Cuban socialism, the Tarea clears away three decades of tried and failed economic doctrines, drawing a new fiscal border around state enterprises, nodding to market realities, and preparing the island for greater insertion into the world economy. While the political economy of post-Castro Cuba has changed in this way, the United States continues to subject the island to an unprecedented program of unilateral sanctions, universally condemned as a breach of human rights, …

National Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter addresses national space law. While often slightly different terms such as national space legislation or national space regulation are used, the term national space law initially should be interpreted in the broadest possible sense. National law would thus refer to the totality of all relevant legal documents at the national level, whether entitled law, statute, act, decree, directive, or regulation, plus customary law, implementation by way of government authorization and jurisprudence, as relevant further explained through the writings of recognized experts.

Then, as space law encompasses “every legal or regulatory regime having …

The "Human Face" Of Sea Level Rise: Protection Of Persons Affected, Patricia Galvao Teles

American University International Law Review

Thank you so much, Professor Grossman. I will not take time from my presentation to do a long thank you or introduction, but I really wanted to thank you warmly, Claudio, for putting together these two days of conversation so that we can connect with the Americas and also have your contributions and your experiences to our work, which you, Claudio, have committed to and are delivering on your promise to help us to navigate through what is going on in the Americas concerning sea-level rise. This is very important because, as it was mentioned, the Commission works based on …

Sanctions And Consequences: Third-State Impacts And The Development Of International Law In The Shadow Of Unilateral Sanctions On Russia, Avidan Cover

Faculty Publications

In response to Russia’s invasion of Ukraine, NATO member states and their allies have imposed “unprecedented,” unilateral economic sanctions to hold Russia accountable, degrade its military capability, and limit its international financial access.1 From the outset, sanctioning states such as the United States have stated that they “designed these sanctions to maximize the long-term impact on Russia and to minimize the impact on [themselves and their] allies.”2 These sanctions on an economic power like Russia “have global economic effects far greater than anything seen before.”3 And there is concern that the unintended consequences of the sanctions will disproportionately harm developing …

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf

Faculty Publications

In 2022, the United States dusted off the 1950 Uniting for Peace Resolution in order to obtain General Assembly condemnation of the Russian invasion of Ukraine. This was the first time in three decades that the Security Council and General Assembly had utilized the Uniting for Peace mechanism – a process designed to end-run a Security Council veto. Together with the General Assembly’s creation of the international investigative mechanism for Syria in 2016 over Russia’s objection, the use of the Uniting for Peace process to condemn Russia’s aggression represented a shift in power away from the Security Council and to …

The Role Of The Aba’S “Summits” In Facilitating Global Networks And International Cross-Border Legal Practice, Laurel Terry

Faculty Scholarly Works

This Article was written for a Symposium honoring recently-retired Professor Bob Lutz. It describes fourteen gatherings that were organized by either the ABA Section of International Law’s Transnational Legal Practice Committee or by the predecessor entities to the ABA Standing Committee on International Trade in Legal Services. Professor Lutz was a driving force behind these gatherings, which were held between 2004 and 2014, and were referred to by the organizers as “Summits.” This Article examines the impact of these Summits and explains why they played a critical role in helping establish global legal profession networks among U.S. legal profession stakeholders …

Aesthetics Of Perpetration And Perpetrators In International Criminal Trials, Shannon Fyfe

Scholarly Articles

In Invisible Atrocities: The Aesthetic Biases of International Criminal Justice, Randle DeFalco argues that aesthetic, rather than legal, considerations play a role in shaping our understanding of international crimes. He claims that international criminal justice is focused on atrocities that constitute the most horrific spectacles of violence—and largely ignores “aesthetically unfamiliar forms of mass harm causation – those that are slow, attritive, banal, and hence generally unspectacular in nature.” DeFalco makes a compelling case in two senses: descriptively, that we do in fact consider spectacular atrocities to be more worthy of international criminal prosecution, and also normatively, in that …

The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan

MA Major Research Papers

Drone warfare and artificial intelligence have considerably shaped cybersecurity and international law over the years. The rapid growth of technology has slowly forced entry into the international and domestic affairs of states. How countries conduct surveillance and practice defence does not look the way it did many years ago. One must observe how the rule of law is affected by technological advancement at the international level where many complexities are seen to rise to the surface. Balancing domestic and international law comes into question when drones and artificial intelligence become key components in state affairs that transcend geographical borders. This …

From The Editor-In-Chief, Monica Ratajczak

UC Law SF International Law Review

No abstract provided.

Rethinking International Investment Law: Form, Function & Reform, Stratos Pahis

Faculty Scholarship

No abstract provided.

Ecthr Halts Forced Deportation Of Uyghur Couple Seeking Asylum In Malta: Latest In A Series Of Breaches Of European Convention On Human Rights, Tesa Hargis

Human Rights Brief

On January 16, 2023, the European Court of Human Rights (ECtHR) ordered Malta to halt the process of forcibly removing a Uyghur couple, A.B. and Y.M., seeking asylum. The couple, who are Chinese nationals of Uyghur ethnicity and Muslim faith, arrived in Malta in 2016; the rejection of their initial application in 2017 forced them to live in hiding for years. Prior to bringing their case to the ECtHR, the Uyghur couple had been detained at the Safi Barracks and were facing immediate deportation to China.

Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill

Human Rights Brief

Capitalism’s Contradictions in Atlanta. The Park Place and Auburn Avenue intersection in downtown Atlanta juxtaposes capitalism’s shiny veneer and putrid underbelly. Among Georgia State University’s multi-story buildings, Woodruff Park’s lush trees, and the vibrant Sweet Auburn neighborhood once home to Martin Luther King, Jr., diverse youth vying for class ascension and minority-owned businesses exemplifying Atlanta’s claim as an entrepreneurship hub populate the sidewalks. A deeper look, however, reveals cracks within the “Real Wakanda” facade. Wooden boards cover commercial space doors along Auburn Avenue, houseless folks support each other and request help from others around Woodruff Park, and students born into …

Religious Discrimination And Violation Of Property Rights In Turkey, Andre Taylor

Human Rights Brief

In 2022, the European Court of Human Rights (ECtHR) provided a ruling in an application against Turkey by the Foundation of the Taksiarhis Greek Orthodox Church. The Turkish government was held to have committed religious discrimination against its Greek Orthodox community by rejecting an application to register a historic church without a valid explanation. The Turkish High Court decided to register the disputed property in the name of the Public Treasury rather than grant ownership of the property outright to the Church. The Istanbul Administrative Court had repeatedly dismissed the Church’s appeals on the basis that the conditions listed in …

Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo

Human Rights Brief

On Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event.

Lessons In Movement Lawyering From The Ferguson Uprising, Maggie Ellinger-Locke

Human Rights Brief

Michael Brown was killed by Officer Darren Wilson on August 9, 2014. That day, I was on vacation in Michigan with my family, hanging on the beach and playing in the water. My father passed away from liver cancer exactly four months before, and I made the decision to close down his law practice in the St. Louis, Missouri area, and move to Washington, DC, where my longterm partner had taken a job. The trip to Michigan was supposed to be a stopover on my way to DC; my car was packed to the brim.