International Law Commons^™

But Why Him? A Review Of The Tenth Justice: Judicial Appointments, Marc Nadon, And The Supreme Court Act Reference, By Carissima Mathen And Michael Plaxton, Andrew Flavelle Martin

Dalhousie Law Journal

To the great benefit of the Canadian legal community and the Canadian public, the authors have created an extensive, concise, and highly readable account of the Nadon saga. Anyone unfamiliar with the purported appointment of Justice Nadon to the Supreme Court of Canada, the Reference re Supreme Court Act, ss 5 and 6 (also known as the Nadon Reference), and the aftermath will find this book invaluable. I expect this work will become the definitive and authoritative account of this saga and that it will be indispensable to future scholars.

I begin this review with a brief overview of the …

Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc

Indonesian Journal of International Law

No abstract provided.

Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan

Indonesian Journal of International Law

The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating …

Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim

Indonesian Journal of International Law

The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development …

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …

International Law Review In The Assassination Of General Qasem Soleimani, Dina Yulianti, Hasan Sidik, Mu'min Mu'min

Indonesian Journal of International Law

International law is formed by the global community to establish legal rules, norms, and standards of behavior between sovereign nations to create a peaceful world order. However, since the world order is anarchy with no supreme executive authority, obedience and disobedience to international law often depends on the state’s power. For instance, the assassination of General Qasem Soleimani, a prominent Iranian general, by the US military in Iraqi territory sparked a debate about international law. This article shows that the US action violated International Humanitarian Law (IHL) and International Human Rights Law (IHRL). Additionally, it violated the UN Convention for …

Cyber Attribution And State Responsibility, William Banks

International Law Studies

We might expect international law to specifically address cyber attribution requirements due to the significance of attribution in framing the legal responsibility of States and the boundaries of responsive actions by victim States. However, there is little international law of cyber attribution, and what law there is exists largely by implication. Likewise, there is only a murky and highly contested law of State responsibility that theoretically constrains the vast majority of State-sponsored cyberattacks. Because victim States cannot engage in countermeasures unless they attribute a cyberattack to a State, attribution can serve simultaneously to constrain and empower victim States. However, the …

Purges And Closures And Lines, Oh My!--Do Georgia's 2018 Election Procedures Violate International Law?, Holly Katherine Stephens

Georgia Journal of International & Comparative Law

No abstract provided.

Fashioning Compliance: The Fashion Charter For Climate Action And Strategies For Forming A More Effective Fashion Industry Agreement, Elizabeth Jane Poland

Georgia Journal of International & Comparative Law

No abstract provided.

Does The Right To Privacy Apply To Facial Biometrics? Specifically, When Analyzed Under The European Convention On Human Rights, Grace Callanan

Georgia Journal of International & Comparative Law

No abstract provided.

Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan

Georgia Journal of International & Comparative Law

No abstract provided.

Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib

Georgia Journal of International & Comparative Law

No abstract provided.

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.

Analisis Yuridis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Secara Sepihak Antara Kontraktor Kontrak Kerjasama Industri Hulu Minyak Dan Gas Dengan Pelaksana Kontrak, Satria Winisuddha

"Dharmasisya” Jurnal Program Magister Hukum FHUI

in the implementation of services in a procurement contract for goods or service, parties that require services and goods are represented by the Pejabat Pembuat Komitmen (PPK), while the parties that provide the goods or services are called vendors. In the particular case of the Upstream Oil and Gas Industry, the ones who act as the Pejabat Pembuat Komitmen are the Cooperative Contract Contractor, What is meant by a Cooperative Contractor is that the company are the ones producing the upstream oil and gas. The process of agreement between the contractor and the contract executor must begin with agreement between …

Kewenangan Pelaksanaan Perizinan Investasi Oleh Pemerintah Daerah Berdasarkan Peraturan Perundang-Undangan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Peraturan perundangan- undangan Indonesia terhadap Pemerintahan daerah telah menganut sistem desentralisasi yang mana daerah telah mendapatkan kewenangan yang lebih besar untuk mengatur sendiri pemerintahannya, Adapun kewenangan propinsi, Kabupaten dan Kota, berdasarkan Pasal 13 dan Pasal 14 UU No 23 Tahun 2014, dapat digolongkan kepada urusan wajib yang menjadi kewenangan pemerintahan daerah dan urusan pemerintahan yang bersifat pilihan. Dalam pengaturannya setidaknya terdapat 31 sektor pemerintahan yang merupakan urusan pemerintahan yang di- desentralisasikan ke daerah baik yang terkait dengan urusan yang bersifat wajib untuk menyelenggarakan pelayanan dasar maupun urusan yang bersifat pilihan untuk menyelenggarakan pengembangan sektor ekonomi yang menjadi unggulan dari daerah. …

Akibat Hukum Yang Ditimbulkan Oleh Masa Depan Organisasi Perdagangan Regional, Rossa Amanda Santika

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Regional Trade Agreements (RTAs) are a prominent future of multilateral trading system. The number of RTAs has been increasing and this trend will be further strengthened by the many RTAs being proposed and those currently under negotiation the impasse in the Doha Round exacerbates the gap between the preferential and the MFN paths to trade liberalization. The proliferation of RTAs presents WTO Members with challenges and opportunities; the promotion of free trade through preferential agreements can foster trade liberalization and benefit economic development by integrating developing countries into the world economy; yet the development of complex networks of non-MFN trade …

Pencabutan Hak Memilih Dan Dipilih Terhadap Narapidana Tindak Pidana Korupsi Dalam Jabatan Publik, Rona Puspita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The phenomenon of the proliferation of public officials and political figures who have been caught up in corruption cases has caused enough efforts by law enforcement officials to stop it. Article 10 letter b number 1 of the Criminal Code states that additional sanctions can be in the form of revocation of certain rights. This study aims to determine the regulation regarding revocation of the right to vote and be elected in public office as an additional crime for perpetrators of corruption in terms of human rights perspective. This research used descriptive analytical, which describes the facts in the form …

Implikasi Mengenai Pencabutan Peraturan Menteri Dalam Negeri Nomor 27 Tahun 2009 Tentang Pedoman Penetapan Izin Gangguan Di Daerah Sebagaimana Telah Diubah Dengan Peraturan Menteri Dalam Negeri Nomor 22 Tahun 2016 Terhadap Peraturan Daerah Provinsi Dki Jakarta Nomor 15 Tahun 2011 Tentang Perizinan Tempat Usaha Berdasarkan Undang-Undang Gangguan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

On March 29 2017, the Government issued a regulation of the Minister of Home Affairs of Republic of Indonesia Number 19 of 2017 concerning the revocation of regulation of the Minister of Home Affairs Number 27 of 2009 about the Guidelines for Determination of Disturbance Permit in Regions that were approved as amended by Minister of Home Affairs Regulation Number 27 of 2009 about Guidelines Establishment of Disturbance Permit in the Regions. The Government assesses that regulation of the Minister of Home Affairs Number 27 of 2009 on the guidelines for the Establishment of Disturbance Permit in the Region is …

Implikasi Undang-Undang Nomor 30 Tahun 2014 Tentang Administrasi Pemerintahan Terhadap Upaya Hukum Luar Biasa Dalam Sengketa Pertanahan, Rini Wulandari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As stated in the Constitution of the Republic of Indonesia that the Indonesian state is a state based on the rule of law (rechtstaat). Indonesia as a state of law tends to be positivist, by creating laws and regulations as one of the fundamental instruments in running the country. The government regulates and restricts officials as well as citizens to act through legislation in order to materialize the country's goals. These restrictions are intended so that the authorities do not act arbitrarily because it has the potential in causing legal uncertainty and threats to justice acquired by the citizens. Meanwhile, …

Hilangnya Mh370: Tanggung Jawab Maskapai Penerbangan Dalam Prespektif Konvensi Warsawa Dan Konvensi Montreal, Rian Fachmi Tobing

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This research aims to know whether Malaysia Airlines MH370 accident investigation authority has been in accordance with the provisions of International Law. The type of research was normative and prescriptive. The approach used statute approach and case approach. The source of this research are primary data source and secondary data source, while data collection techniques using literature techniques. Based on the study of the research, the result of observation is, in International Law aircraft accident investigation regulated in Chicago Convention 1944 on Annex 13 Aircraft Accident and Incident Investigation. When the plane crashed at high seas, the state of registry …

Implikasi Yuridis Dalam Pembayaran Tagihan Tenaga Listrik Yang Tidak Sesuai Pemakaian Akibat Kerusakan Alat Pengukur Dan Pembatas, Retnowulan Sopiyani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the rights and obligations of consumers and also PLN which is regulated by the Power Purchase Agreement (SPJBTL) is to pay electricity bills. The amount of electricity bills issued by PLN must comply with energy consumption, which is measured by the Limiting and Measuring Devices (APP). The problem occurs when there is damage to the APP, so it can not work as it should. As a results there is a mismatch between the energy used and measured. So that both parties could potentially suffer losses due to more or less electricity bills. Losses due to loss of energy …

Tanggung Jawab Pengusaha Dan Pekerja Dalam Penerapan K3 Pada Proyek Konstruksi Ditinjau Dari Pelaksanaan Hak Dan Kewajiban Para Pihak, Rahadian Ratry

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Occupational Health and Safety is a matter that must be considered by all parties in a company. The implementation of this program is an effort to protect employees from the risks of work hazards and their impacts. Occupational Health and Safety is one of the supporting factors in increasing company productivity and the welfare of its employees. But there are still many people and companies, especially in the field of construction, who have not been aware of and adequately equipped about the importance of occupational health and safety in Indonesia. The parties, workers and employers, have the rights and obligations …

Kewenangan International Criminal Court Dalam Mengadili Pelaku Kejahatan Perang Pada Negara Yang Tidak Meratifikasi Rome Statute 1998, R Gilang Wisnhu Dhuara

"Dharmasisya” Jurnal Program Magister Hukum FHUI

International Humanitarian Law is a part of the law that regulates provisions for protection of victims of war, the law of war that rule the war itself and everything that concerns the way of war itself. Rome Statute 1998 became the foundation of the International Criminal Court (ICC) is a permanent and independent court that can prosecute the perpetrators of serious crimes, one of them is war. to be able to do the jurisdiction of the ICC in a country, then the country must ratify the Statute. Furthermore, if a country does not ratify the Statute, how the ICC can …

Buy Spear From Side Or Bear It: Kajian Komparatif Pengaturan Perbuatan Melawan Hukum Di Indonesia Dan Belanda, Parade Sitorus

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Indonesia, Acts against the Law (PMH) have remained the same since the KUHPer was enacted in Stb. 1847 No. 23, namely an engagement born for the sake of the law or arising from the law as a result of the actions of people who violate the law. The term Buy spear from side or bear it contains meanings that need to be studied. Indonesia, which inherits the Dutch Criminal Code and the Netherlands itself, needs to be looked at further. For this reason, this research was conducted. In this article, the author uses a normative juridical method with a …

Peran Negara D Alam Menjaga Kedaulatan Pada Ruang Maya (Cyberspace) Sebagai Upaya Perlindungan Terhadap Masyarakat, Nurharis Wijaya

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Development of Internet technology has the potential to boost economic growth of a country. On the other hand, Internet technology also increases the amount and form of threat to the sovereignty of a state in the virtual world. Sovereignty in cyberspace become an important topic in the discussion of national and international security. In the context of the definition of space was no longer relevant in the light confined to the Regional Land, Sea, and Air. Developments Period increasingly cradles State with indulgence will ease in accessing information technology, which is certainly without successfully taking on the role that space-Maya …

Perlindungan Hukum Terhadap Kelompok Minoritas Gender Sebagai Implementasi Pemenuhan Hak Asasi Manusia (Perbandingan Kasus Lgbt Di Indonesia, India Dan Brunei Darussalam), Nindra Wahyu Hapsari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Every country has an obligation to fulfill the Human Rights of all citizens. Human rights are legal rights that everyone has as human beings and are universal. Issues regarding human rights are growing from time to time, one of which is the emergence of gender minority groups in this case are Lesbians, Gay, Bisexual, Transgender (LGBT). Gender issues should be a private domain that is included in civil rights guaranteed by human rights and protected by law. LGBT people in various countries get different treatment both from the government of the country, and from the people. Some state governments in …

Pengenaan Bea Masuk Tindakan Pengamanan Perdagangan Sementara (Bmtps) Terhadap Impor Produk Kain Tahun 2019 Sebagai Akibat Peningkatan Volume Impor Tekstil, Nanang Suhendra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Domestic textile industry should ideally get protection through the application of safeguard policies. The WTO Agreement on Safeguard is an instrument established by the World Trade Organization to provide protection for domestic industries that suffer losses due to a flood of textile imports. The impact of increasing the volume of imports of textiles, especially fabrics that occur in Indonesia, can be further studied to determine the relationship of causality with serious losses or the threat of serious losses to the domestic industry. So that with the BMTPS domestic textile companies get the opportunity to improve their financial condition through increased …

Penerapan Prinsip Keadilan Restoratif Pada Tindak Pidana Korupsi Dalam Rangka Penyelamatan Keuangan Negara, Murpraptono Adhi Sulantoro

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Restorative justice is a thought or theory that promotes the recovery of damages as a result of a crime. There is important to maintain State finance well-managed management, therefore, the regulation stipulates that any state financial losses incurred must be immediately recovered. Every year, the state has suffered trillions of rupiah in state financial losses due to corruption. The current criminal sanctions on corruption are more retributive in the form of retaliation under crimes committed by the corruptor, but on the other hand, the state financial losses incurred cannot be recovered, even new cases of criminal acts of corruption still …