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Arbitrase Internasional Dalam Penyelesaian Sengketa Penanaman Modal Asing: Tinjauan Praktis Di Indonesia, Fanny Aprilia

Jurnal Hukum & Pembangunan

Indonesia has demonstrated a strong commitment to international arbitration by participating in various international conventions, such as the 1958 New York Convention, and by implementing supportive domestic legislation, such as Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. International arbitration offers advantages such as neutrality, specialized expertise, and legal certainty, making it a preferred mechanism for resolving foreign investment disputes. However, the implementation of arbitration in Indonesia still faces several challenges, including a lack of understanding of arbitration procedures among court officials and concerns about potential domestic court interference in the arbitration process. This paper highlights the …

Problematika Pemberian Otonomi Khusus Provinsi Daerah Khusus Jakarta Yang Hanya Berada Pada Tingkat Provinsi, Alfi Syahri Lubis, Bayu Saputro, Renaldy Wijaksana Wibowo, M. Fariz Al-Qindi

Jurnal Hukum & Pembangunan

On April 25, 2024, the legislators officially passed Law Number 2 of 2024 concerning the Special Region of Jakarta Province. One of the articles that is still maintained in the a quo law is the matter that regulates the granting of autonomy only at the provincial level. This certainly has its own characteristics compared to the autonomy given to other regions that get autonomy up to the district / city level. The results of the study suggest several things, first, the reason the government maintains the specificity of the Special Region of Jakarta only at the provincial level is due …

Quo Vadis Eksistensi Rancangan Undang-Undang Pengelolaan Ruang Udara Di Indonesia, Elisabeth Sihaloho

Jurnal Hukum & Pembangunan

The law draft of Air Space Management, which has been proposed by the Government since 2019, has not received clarity regarding time of ratification. The Problem of air space has become an important issue that cannot be avoided along with the rapid development of the times which makes it possible to degrade the sovereignty of a nation and state through air space. This legal research will examine the urgency of establishing the airspace management law and the positive implications or benefits obtained through the formation of this legal issue. With this type of normative juridical research, this research focuses on …

Juristic Consideration On The Separation Of Religion And Politics And Civil Religion, Hiroshi Nitta

Japanese Society and Culture

The separation of church and state is the separation of state power from religion. It prohibits the establishment of a state religion and the suppression of other religions. Whereas the First Amendment to the US Constitution prohibits the establishment of a state religion, the Japanese Constitution does not stipulate the separation of church and state in the clear terms. The second sentence of Article 20,Paragraph 1,Article 20,Paragraph 3,and Article 89 are the basis for this provision.

The separation of church and state means a division between the church and state, or the abolition of a state religion, and not the …

Reinterpreting Article 9 Of Japanese Constitutional Law From The International Law Perspective, Hiroshi Saito

Japanese Society and Culture

This essay aims to demonstrate that the right of collective self-defense complements that of individual self-defense. Moreover, by exercising both rights of self-defense together, the ideals of the United Nations (UN) Charter and Japanese constitutional law can be implemented as stipulated.

However, this essay focuses on ensuring better consistency with the present time (synchronicity) rather than historical facts (historicity). Additionally, I have cited cases wherein the ideas and theories presented are controversial in academic circles. I cannot discuss them individually in this essay owing to space limitations, but I will consider them in a future opportunity. Finally, I would like …

A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli

Buffalo Law Review

No abstract provided.

The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long

Buffalo Law Review

The Gettysburg Address does not appear to be a legal argument. One cannot find a rule anywhere in its few words. Nor does there seem to be any application of a rule to the facts of the case. There is a simple reason for this absence: the law in 1863 was wrong. Lincoln knew that, but he was too much the lawyer to advocate law-breaking. Instead, he used all the skills he had learned from his years in the courtroom to urge his listeners to look beyond the law’s flaws to find the truth of the Declaration’s “self-evident truth.”

Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith

Washington Journal of Social & Environmental Justice

No abstract provided.

The Story Of New York Times V. Sullivan: How Free Speech Rights Were Intertwined With The Civil Rights Movement, Samantha Barbas

ConLawNOW

This essay, delivered to the Law Library of Congress as the 2023 Constitution Day Lecture, tells the story of New York Times v. Sullivan, widely regarded as one the most important First Amendment decisions of all time. It is a decision that has profoundly affected the workings of the press and shaped the contours of public discourse in the United States. And it is a decision that continues to raise controversy because of the broad protections it gives to freedom of speech at the expense of other rights such as reputation and privacy. The essay summarizes the author’s work …

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Inequitable By Design: The Strategic Distribution Of Costs And Benefits By Business Improvement Districts And Special Assessments, Molly Gillespie

Et Cetera

Business Improvement Districts (BIDs) are most commonly credited for their innovative strategies in rejuvenating the economic vitality in American cities. However, their implementation raises concerns about fairness and equity. The current practice of financing BIDs through special assessments, particularly applying the front footage method, disproportionately burdens certain property owners for the benefit of others. Consequently, property owners face a range of issues, including financial strain, involuntary annexation, and potential threats to property ownership. However, the existing framework of state constitutions lack the necessary provisions to adequately address these challenges, underscoring the need for significant reform.

This Note addresses these concerns …

Brief Of Children’S Rights Advocates In Support Of Appellees: Held V. Montana, Asha Brundage-Moore, Wyatt Sassman, Catherine Smith

Scholarly Articles

Amici Curiae are members of the Consortium for the Advancement of Children’s Constitutional Rights and Healthy Mothers, Heathy Babies: The Montana Coalition who are children’s rights advocates and legal scholars. Amici submit this brief to: (1) highlight Montana’s Constitution as a leader in advancing children’s constitutional rights; (2) draw this Court’s attention to the Montana Constitution’s text and history recognizing children’s right to a clean and healthful environment; and (3) explain that a decision not to safeguard children’s right to a clean and healthful environment in reliance on adult-centric analytical missteps advanced by Appellants (and supporting Amici) would deny Montana’s …

The Future Of “History And Tradition”: The First Amendment Implication Of Bruen, The Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

Manufactured State Immigration Emergencies As State Vigilantism, Kate Huddleston

Texas A&M Law Review

President Trump shattered norms when he declared a national emergency at the U.S.–Mexico border to build a border wall. State governors have now followed that lead in taking up what Justice Jackson, dissenting in Korematsu v. United States (1944), called the “loaded weapon” of emergency—doing so, like Trump, in the context of the border. Governors of Texas, Arizona, and Florida have all issued state declarations of emergency based on (1) migration, and (2) the Biden administration’s purported failure to engage in immigration enforcement. These state emergency declarations have not been studied or even identified in legal literature as a state …

Federal Indian Law As Method, Matthew L. M. Fletcher

Articles

Morton v. Mancari is well-known in Indian law circles as a foundation for the tribal self-determination era, which is generally understood to have begun in the late 1960s and early 1970s. The case involved an Act of Congress that required the federal “Indian Office” (now called the Bureau of Indian Affairs) to grant preference in employment to “Indians.” The case is typically understood as the basis for analyzing how federal statutes that apply exclusively to Indian people do not implicate the anti-discrimination principles of the United States Constitution. This understanding of the case, while correct, is too narrow.

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

Agency Self-Funding In The Antinovelty Age, Zois Manaris

William & Mary Law Review Online

This Article demonstrates that CFSA's [Community Financial Services Association of American v. CFPB] introduction of antinovelty into the self-funding space, including its particular antinovelty approach, poses an existential threat to any and all agency self-funding. On its face, this may seem like something that will only worry the more functionalist or more liberal crowd—likely because so much of the recent discussion surrounding agency self-funding has revolved around the polarizing CFPB. But even those who might want the CFPB struck down and those who subscribe to the antinovelty rationale as a general matter (between those two camps there …