Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights,
2025
American University in Cairo
Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud
Theses and Dissertations
The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …
Comparing Regulation With Collective Bargaining: Drawing On Processes Of Change During The Covid-19 Crisis In Israel,
2025
Tel Aviv University, Department of Labour Studies
Comparing Regulation With Collective Bargaining: Drawing On Processes Of Change During The Covid-19 Crisis In Israel, Lilach Lurie, Guy Mundlak
Comparative Labor Law & Policy Journal
This article compares two systems of labour market governance: regulation by means of employment standards, and norms that are established in collective bargaining. A comparative framework draws nine criteria, spanning procedural and substantive dimensions, and emphasises the degree of integration between the systems, or “coupling.” The study uses Israel’s response to the COVID-19 crisis as a case study, drawing on a unique dataset of all regulatory provisions and collective agreements concluded from March 2020 to December 2021, supplemented by interviews with key actors. In the public sector, strong coupling was achieved through coordinated regulatory and bargaining processes, resulting in more …
Chapter 9 Bankruptcy: The Solution That Causes Problems,
2025
Brooklyn Law School
Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a little-known form of bankruptcy called a “Chapter 9,” reserved for insolvent cities, villages, and other municipalities. Occasionally, one reads about a city or a county that has filed for Chapter 9 relief, like Detroit, Michigan, or Orange County, California; however, it is very hard to file a Chapter 9 case, in part, because existing law requires a municipality to obtain permission from its home state before it can file for relief in the U.S. Bankruptcy Court. An additional constraint is that the only option municipalities have when seeking bankruptcy relief is to file a Chapter 9 because …
Barbarians At The Gate Or Angels At The Crossroads? Examining The Impact Of The Uk Green Taxonomy On Private Equity Firms,
2025
Brooklyn Law School
Barbarians At The Gate Or Angels At The Crossroads? Examining The Impact Of The Uk Green Taxonomy On Private Equity Firms, Melek Redzheb, Fatjon Kaja
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article explores whether the UK Green Taxonomy will foster sustainable corporate governance in private equity-backed portfolio companies. We explore how the Taxonomy will address the greenwashing problem that plagues financial markets, including the private equity industry. Our analysis suggests that general partners will have a twofold response to the new reforms. In the short term, they will seek to address the social concerns of limited partners by negatively screening unsustainable companies and cherry-picking more sustainable ones (the so-called “exit” strategy). In the long term, however, they will adopt a dynamic strategy to transform unsustainable targets into sustainable enterprises on …
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets,
2025
Brooklyn Law School
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Brooklyn Journal of Corporate, Financial & Commercial Law
The European Union’s Markets in Crypto-Assets Regulation (“MiCA”) created a harmonized framework to regulate digital asset issuance and services that were not already covered by existing regulations. Notably, MiCA requires virtual asset providers to adhere to the Financial Action Task Force Recommendation 16 (“FATF”), also known as the Travel Rule. Though the Travel Rule has existed for almost 20 years, its application to crypto asset transfers is entirely new. The purpose of the Travel Rule is to detect and prevent money laundering and terrorist financing, but its application to cryptocurrency wallet transactions is criticized for being overly burdensome and invasive …
The Dubious Role Of Institutional Investors In Driving The Green Transition: Legal And Economic Constraints,
2025
Brooklyn Law School
The Dubious Role Of Institutional Investors In Driving The Green Transition: Legal And Economic Constraints, Giovanni Strampelli
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a well-established trend that the process of transition to a sustainable economic growth model marked by the pursuit of environmental, social and governance (“ESG”) objectives has large companies at its center, which are considered an essential hub for this purpose given their weight in the global economy. In this context, the role of shareholders, especially institutional investors, plays an important role. Indeed, it is widely recognized that they, having an increasing prominence in the shareholder base of large, listed companies, can push these public companies to adopt more virtuous conduct in the areas of, among others, environmental protection …
“Small” Voices, Big Wins: Analyzing Remedies In Children’S Climate Cases,
2025
Columbia Law School, Sabin Center for Climate Change Law
“Small” Voices, Big Wins: Analyzing Remedies In Children’S Climate Cases, Maria Antonia Tigre
Sabin Center for Climate Change Law
Children’s climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases — those in which relief sought by the applicants was fully or partially granted — across five continents, providing an “around the world” perspective on the evolution and impact of youth-led climate litigation. Focusing on landmark cases in Australia, Colombia, South Africa, South Korea, and the United States, this analysis highlights the arguments presented by young plaintiffs and the judicial reasoning that supported the relief …
Where Singapore Meets Asean: Shaping Insolvency Reform For Micro And Small Enterprises,
2025
Singapore Management University
Where Singapore Meets Asean: Shaping Insolvency Reform For Micro And Small Enterprises, Lovein Leying Sui
Singapore Law Journal (Lexicon)
Given the economic dependence on micro and small enterprises (MSEs) in the ASEAN region, the MSE insolvency regime is of paramount regional importance. Evidence indicates that the ASEAN region has prioritised the improvement of such a regime, especially after the financial instability following the COVID-19 pandemic. This paper explores how trends in ASEAN MSE insolvency can inform Singapore’s insolvency reforms to improve MSE access and efficiency, while also considering broader implications for the region.
Climate Litigation Report 2025 — Climate Change In The Courtroom: Trends, Impacts And Emerging Lessons,
2025
Columbia Law School, Sabin Center for Climate Change Law
Climate Litigation Report 2025 — Climate Change In The Courtroom: Trends, Impacts And Emerging Lessons, Maria Antonia Tigre, Margaret Barry
Sabin Center for Climate Change Law
The Climate Litigation Report 2025 updates previous United Nations Environment Programme reports published in 2017, 2020, and 2023. It provides judges, lawyers, advocates, policy makers, researchers, environmental defenders (including child and women defenders), NGOs, businesses, and the international community with an essential resource to understand the current state of global climate litigation. The report includes descriptions of the key trends in climate litigation and the most important issues that courts have faced in the course of climate change cases.
Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons,
2025
Singapore Management University
Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons, Gary K. Y. Chan
Research Collection Yong Pung How School Of Law
The immunity against Crown liability was abolished in the United Kingdom in 1948 based on the Diceyan notion of rule of law and deemed equality under the law between public officials and private persons. This paper analyses government vicarious liability in respect of the acts and omissions of public officers under the Singapore Government Proceedings Act with reference to the concept of deemed equality. We will discuss the scope of the statute in light of recent common law developments in vicarious liability, statutory exceptions to government vicarious liability that may be justified by the functions of the government in the …
The Inevitability Of Local Environmental Law,
2025
Fordham Law School
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
Fordham Environmental Law Review
The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …
Initial Coin Offerings As An Alternative Method For Raising Capital: Legal Considerations And Regulatory Solutions In Indonesia,
2025
University of Indonesia
Initial Coin Offerings As An Alternative Method For Raising Capital: Legal Considerations And Regulatory Solutions In Indonesia, Juwita Patty Pasaribu, Febby Mutiara Nelson, Topo Santoso, Fransiska Ari
Indonesia Law Review
Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern …
Legal Perspectives On Information Asymmetry In Investor Selection For Public-Private Partnership Projects Under O&M Contract,
2025
University of Economics and Law, Vietnam National University – Ho Chi Minh City
Legal Perspectives On Information Asymmetry In Investor Selection For Public-Private Partnership Projects Under O&M Contract, Nhu Thi Thuy Cao, An Quoc Chau, Sang Minh Luu, Thao Minh Phuong Ngo, Ha Loc Pham, Anh Phuong Nguyen
Indonesia Law Review
Information asymmetry is a common barrier in selecting investors in the form of Public-Private Partnerships (PPPs), especially in the Operation and Maintenance (O&M) contracts. This issue arises from the natural information advantage of the construction contractor and the incumbent investor in construction and operation. Although it does not stem from misconduct, such asymmetry still affects competitiveness and selection efficiency. The article analyzes the causes and legal consequences of this phenomenon through a comparative review of Vietnamese and Canadian legal frameworks while also assessing selected projects. The research methodology includes theoretical analysis, legal comparison, and a review of practical literature. The …
Comparative Approaches To Parliamentary Thresholds In Selected Countries: Lesson Learn For Indonesia,
2025
Master's student, Faculty of Law, University of Indonesia, Jl. Prof. Mr Djokosoetono, Pondok Cina, Kecamatan Beji, Kota Depok, Jawa Barat 16424
Comparative Approaches To Parliamentary Thresholds In Selected Countries: Lesson Learn For Indonesia, Deni Angela, Mohammad Novrizal
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This research aims to analyze the changes in the threshold number of votes obtained from general elections as a condition to be included in determining the acquisition of parliamentary seats, or from now on abbreviated as `Parliamentary Threshold,' which occurred in several countries that adhere to the democratic system, namely Indonesia, Turkey, Kazakhstan, Ukraine and Serbia. This article employs a normative legal research method, utilizing legal principles, history, and regulations as primary references, and then making comparisons. This research found that although the numbers of Parliamentary Thresholds in these countries vary, and the changes are some by increasing and some …
Prophetic Law In Indonesia And South Africa: A Comparative Constitutional Study On The Integration Of Religious Law Into Legal Systems,
2025
Professor at Faculty of Law, Universitas Muhammadiyah Surakarta, Jalan Raya Ahmad Yani, Tromol Pos 1, Pabelan, Surakarta, 57169
Prophetic Law In Indonesia And South Africa: A Comparative Constitutional Study On The Integration Of Religious Law Into Legal Systems, Kelik Wardiono, Arief Budiono, Saepul Rochman, Jan Alizea Sybelle
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Prophetic law is an ancient legal framework rooted in divine commandments, such as God's Ten Commandments to Moses, as well as Christian and Islamic laws, nowadays commonly referred to as religious law. The meaning of prophetic law is religious law from Abrahamic religions. Particularly, Christian law has significantly influenced Western civilization, with its impact extending to regions like South Africa besides customary law. Similarly, Islamic law has also left a lasting impression on Indonesia's legal system besides customary law. This article employs a comparative law method to analyze the constitutions of Indonesia and South Africa, focusing on the legalization of …
Compliance Vs. National Interest: Why Do Trade Restrictions Fail Under The Wto?,
2025
Lecturer at the Faculty of Law, Universitas Hasanuddin, Jl. Perintis Kemerdekaan No.KM.10, Makassar
Compliance Vs. National Interest: Why Do Trade Restrictions Fail Under The Wto?, Enni Ekakusumawati, Abdul Masba Magasing, Maskun, Winnar Sitorus, Muhammad Mutawalli Mukhlis
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Trade restrictions are tools that countries often use to safeguard national interests, including economic stability, national security, and public welfare. However, under the World Trade Organization (WTO) framework-especially the General Agreement on Tariffs and Trade (GATT)-many such restrictions violate core principles such as non-discrimination (Articles I and III), the prohibition of quantitative restrictions (Article XI), and rules governing exceptions (Articles XX and XXI). This article examines why trade restrictions frequently fail in WTO dispute settlement by analyzing the substantive and procedural requirements under WTO law. Through a normative legal approach, it studies GATT provisions, WTO agreements, and case decisions-particularly the …
Open Legal Policy Criteria In The Constitutional Court Decision: An Evaluation And Recommendation,
2025
Lecturer of the Faculty of Law, Pasundan University, Jl. Lengkong Besar No. 68, Bandung, Jawa Barat 40261
Open Legal Policy Criteria In The Constitutional Court Decision: An Evaluation And Recommendation, Firdaus Arifin, Ihsanul Maarif, I Gde Panja Astawa, Mohd Kamarulnizam Abdullah, Robi Asadul Bahri
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The application of an open legal policy in the testing of legislative norms by the Constitutional Court of the Republic of Indonesia often leads to legal uncertainty due to the lack of clear criteria. The variation in the approaches taken by judges in interpreting legislative policies undermines legal certainty and diminishes the credibility of constitutional reviews. This research aims to evaluate the criteria of open legal policy that can serve as a basis for the Constitutional Court to assess the constitutionality of policies. This study employs a normative legal approach that examines theories, principles, and relevant legal rules in testing …
Legal Reform To The Foundation Wage System Based On Worker Performance,
2025
Lecturer at Faculty of Law, Satya Wacana Christian University, Jalan Diponegoro No. 52-60, Salatiga
Legal Reform To The Foundation Wage System Based On Worker Performance, Dyah Hapsari Prananingrum, Freidelino Paixao Ramos Alves De Sousa, Chris Emilians Putra Jacobus
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The main issue raised in this article is the vagueness of the norm of worker competitiveness in the Indonesian Foundation Law. In achieving its aims, a foundation will face problems related to its own sustainability. Charitable activities that it is engaged in are believed to threaten its sustainability, in addition to achieve fairness both for foundation as employer and worker as employee, norm of worker performance in the form of wage based on performance are needed. Such an issue may be solved by reforming the Foundation Law with the adoption of a performance-based approach, similar to the Job Creation Law. …
Ungerminated Seed: Proportionality Test In The Indonesian Constitutional Court,
2025
Lecturer at the Department of Constitutional Law, Faculty of Law, Universitas Islam Indonesia and Doctoral Student at the Faculty of Law, Universitas Indonesia, Jl. Kaliurang KM. 14, 5, Sleman, Yogyakarta
Ungerminated Seed: Proportionality Test In The Indonesian Constitutional Court, Eko Riyadi, Satya Arinanto, Simon Butt, Fitra Arsil
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This article examines how the Constitutional Court of the Republic of Indonesia (the Court) constructs its argumentation regarding the limitation and derogation of human rights. The primary issue is how the Court interprets and operationalises the limitation clause under the Constitution of the Republic of Indonesia to derogate from and limit human rights. This article also illustrates how the Court applies the derogation and limitation clauses to freedom of religion, the right against retroactive prosecution and the death penalty, the right of women to stand for election, and the right to freedom of expression. The Court has never ruled on …
Breaking Diplomatic Immunity: Legal Implications Of Israeli Airstrikes On The Iranian Consulate Under International Law,
2025
Lecturer of International Law, Faculty of Law, Universitas Muhammadiyah Yogyakarta, Jl. Brawijaya, Kasihan, Bantul, Yogyakarta
Breaking Diplomatic Immunity: Legal Implications Of Israeli Airstrikes On The Iranian Consulate Under International Law, Yordan Gunawan, Aisyah Ajeng Putri Riyanto, Safira Ayu Tri Ariyani
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
In April 2024, Israeli airstrikes were directed at the Iranian consulate building located in the capital city of Syria, Damascus. The Israeli-Iranian relationship has escalated significantly, shifting from a diplomatic partnership to severe hostility over the course of almost fifty years. This article seeks to examine the legal implications of the Israeli attack on the Iranian consulate building by considering the United Nations Charter and the Vienna Conventions, as well as to analyse the responses of the Iranian government and the international community. This article employed a normative legal research methodology, which involved combining a statutory approach with a detailed …
