Foreword,
2026
Penn State Dickinson Law
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents,
2026
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication,
2026
Penn State Dickinson Law
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Clihhr Leads Push For Regulatory Scrutiny Of Amazon Mining Project,
2026
Yeshiva University, Cardozo School of Law
Clihhr Leads Push For Regulatory Scrutiny Of Amazon Mining Project, Benjamin N. Cardozo School Of Law
Cardozo Law News Archive
The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), in collaboration with the University of Toronto's International Human Rights Program, filed requests with U.S. and Canadian securities regulators seeking investigations into alleged misrepresentations related to Brazil Potash's proposed mining project in the Brazilian Amazon. The initiative highlights concerns regarding Indigenous rights, environmental impacts, and investor disclosure.
Foreign Judgments In U.S. Courts,
2026
University of Pennsylvania Carey Law School
Foreign Judgments In U.S. Courts, Yanbai Andrea Wang
Fordham Law Review
American law on foreign judgments is at an inflection point. For over a century, the doctrine has been shaped by concerns about outgoing U.S. judgments seeking asset collection in the civil law countries of continental Europe. But shifting trade flows and changing litigation tactics have carved a new landscape, demanding a return to foreign judgments law’s conceptual and doctrinal underpinnings. This Article first maps the new landscape, in which China is rapidly rising as a foremost foreign judgments interlocutor. Meanwhile, litigants are increasingly pursuing parallel litigation in multiple countries. The impact of incoming judgments and the interactions between related litigations …
Taking The Lex Mercatoria To Space,
2026
Wiley Rein LLP
Taking The Lex Mercatoria To Space, Tatiana Sainati
Arbitration Law Review (2009 - Present)
No abstract provided.
Bridging Theory And Practice: A Review Of Sovereign Immunity From Execution And International Arbitration By Ylli Dautaj,
2026
Sultan & Sultans Law Chambers (SSLC)
Bridging Theory And Practice: A Review Of Sovereign Immunity From Execution And International Arbitration By Ylli Dautaj, Taimoor R. Sultan
Arbitration Law Review (2009 - Present)
No abstract provided.
Arbitrating Energy: The Impact Of Arbitration On The Energy Transition,
2026
Penn State University
Arbitrating Energy: The Impact Of Arbitration On The Energy Transition, Somtochukwu Attamah, Lara B. Fowler
Arbitration Law Review (2009 - Present)
Even prior to recent events in the Middle East, the global energy sector has been undergoing a significant transformation as states pursue regulatory reforms aimed at addressing climate change, environmental protection, and energy system restructuring. These developments have contributed to an increase in disputes arising from energy-related investments, particularly where regulatory measures affect existing investment expectations. This paper examines the role of arbitration in the context of global energy transitions by tracking publicly available arbitration cases through 2022 and analyzing selected energy disputes linked to regulatory change. It explores how arbitration operates not only as a mechanism for resolving …
Chicago, Arbitrary Detention And Torture: An Examination Of Human Rights Violations And Legal Responses Under The Second Trump Administration,
2026
Bowdoin College
Chicago, Arbitrary Detention And Torture: An Examination Of Human Rights Violations And Legal Responses Under The Second Trump Administration, Gianna Keuer
Bates College Undergraduate Law Review
This paper uses a human rights-based analysis to explore the legal implications of the second Trump administration’s deportation policies, using frameworks enacted by international legal organizations and state-level bodies. Drawing upon the Convention Against Torture, the International Covenant on Civil and Political Rights, and established state policies, the paper identifies important jus cogens norms against arbitrary detention and torture. With Chicago serving as a case study, the paper explores different avenues that have been employed to counter violations of prohibitions of arbitrary detention and torture, ultimately concluding that state-level policy responses and impact litigation cases serve as a more efficacious …
Ex Aequo Et Bono In Indonesian Legal Practice: An Explorative Study And Critique Against Current Understanding Of The Term,
2026
Lecturer, Faculty of Law, Universitas Katolik Parahyangan, Jalan Ciumbuleuit, Bandung, Jawa Barat
Ex Aequo Et Bono In Indonesian Legal Practice: An Explorative Study And Critique Against Current Understanding Of The Term, Tristam Pascal Moeliono
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Doctrinal uncertainty persists regarding the extent to which judges in Indonesia may adjudicate on the basis of equity and fairness, particularly in relation to requests for decisions grounded in ex aequo et bono. This issue is especially evident in civil proceedings, where such requests are frequently articulated in pleadings and closing statements. Drawing on an analysis of regulatory frameworks and judicial practice, and employing normative and comparative legal approaches, it is argued that adjudication grounded in equity—conceptually linked to fairness, propriety, and broader considerations of justice—constitutes an inherent component of judicial obligation in Indonesia. At the same time, requests …
The Role Of Music Publishers In Managing Copyright In Musical Works In Indonesia: A Legal Analysis,
2026
Doctoral Program, Faculty of Law, Universitas Indonesia, Depok, West Java, Indonesia. S.H., M.H. (Universitas Indonesia)
The Role Of Music Publishers In Managing Copyright In Musical Works In Indonesia: A Legal Analysis, Diana Silfiani
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This study aims to examine music publishers as managers of song and music copyrights in Indonesia. Although music publishers are legally recognized as part of the rights holders, in practice they demonstrate distinct and broader characteristics, functions, and roles compared to other rights holders. Due to the absence of clear and comprehensive regulations under Indonesian law, this study compares the legal framework governing music publishers in Indonesia with those in the United States and South Korea to seek comparable regulations. The analysis adopts a qualitative approach, using normative juridical research and a prescriptive typology to propose alternative solutions to the …
The Legal Status Of Indonesia-China Joint Statement 2024 And Its Legal Implications For Unclos Under The Law Of Treaties,
2026
Undergraduate Student, Faculty of Law, Padjadjaran University: Universitas Padjadjaran
The Legal Status Of Indonesia-China Joint Statement 2024 And Its Legal Implications For Unclos Under The Law Of Treaties, Amanda Christie, Diajeng Wulan Christianti
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The legal standing of joint statements in international law remains contested, particularly with respect to their qualification as treaties under the Vienna Convention on the Law of Treaties. This issue has become increasingly relevant following the 2024 Joint Statement between Indonesia and China on Advancing the Comprehensive Strategic Partnership and the China-Indonesia Community with a Shared Future. Despite its political framing, item nine, which contains a provision on joint development in areas described as overlapping claims in the South China Sea, raises critical legal concerns that the implications may constitute a legally binding treaty. This article employs a doctrinal legal …
Implementation Of The Administrative Dispute Resolution System For Citizens' Legal Protection In Indonesia After The Enactment Of Law Number 30 Of 2014 On Government Administration,
2026
Postgraduate student in Administrative Law, Faculty of Law, Padjadjaran University, Jalan Banda No. 42, Bandung, and Judge of the Serang Administrative Court, Jalan Syech Nawawi Al-Bantani No. 3 KM 5, Serang. S.H. (SGD State Islamic University), M.H. (Padjadjaran University), Dr. (Padjadjaran University)
Implementation Of The Administrative Dispute Resolution System For Citizens' Legal Protection In Indonesia After The Enactment Of Law Number 30 Of 2014 On Government Administration, Ayi Solehudin, Zainal Muttaqin, Dewi Kania Sugiharti
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The integrated administrative dispute resolution system in Indonesia positions Administrative Proceedings as the primum remedium and the State Administrative Court as the ultimum remedium. This system is intended to provide comprehensive legal protection for citizens. However, in practice, it can lead to prolonged and ineffective dispute resolution processes, thereby limiting citizens' access to defend their rights before the the Administrative Court. This study analyses an effective integrated state administrative dispute resolution system that ensures legal protection for citizens. The legal issues addressed include the regulation of Administrative Proceedings within the integrated state administrative dispute resolution system following the enactment …
Improving Judicial Reasoning In Constitutional Rights Cases: The Case For A Structured Proportionality Test In The Indonesian Constitutional Court,
2026
Lecturer, Faculty of Law, Universitas Indonesia, Jalan Prof. Mr Djokosoetono, Depok, Jawa Barat
Improving Judicial Reasoning In Constitutional Rights Cases: The Case For A Structured Proportionality Test In The Indonesian Constitutional Court, Muhamad Dzadit Taqwa
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This study evaluates the structured proportionality test modelled after the German approach. It argues that the Indonesian Constitutional Court should adopt this test when reviewing statutory limitations on constitutional rights under the amended 1945 Constitution. While the structurally weak protection of constitutional rights in the Constitution provides the contextual motivation for this inquiry, the central focus is instrumental: to assess the benefits and challenges of proportionality as a tool for improving judicial reasoning in constitutional rights adjudication. The analysis identifies three key benefits, including enhanced problem identification, improved justification of legislative limitations, and strengthened methodological rigor in judicial decision-making. At …
The Rodrigo Duterte Case At The International Criminal Court: Towards The Erosion Of States’ Right To Withdraw From The Rome Statute?,
2026
Alfaisal University
The Rodrigo Duterte Case At The International Criminal Court: Towards The Erosion Of States’ Right To Withdraw From The Rome Statute?, Giovanni Chiarini Dr
Indonesia Law Review
The Rodrigo Duterte case raises complex questions concerning the interpretation of Article 127 of the Rome Statute (RS), particularly regarding its statutory limits relating to the one-year window governing the effects of withdrawal, as well as the interpretation of the procedural identity of the preliminary examination. This paper is divided into two parts: the first briefly outlines the procedural history of the war on drugs case from 2016 to 2024; the second analyses the dissenting opinion concerning the interpretation of Article 127 RS and explores the key developments from 2025 to 2026, focusing on the main issues raised by the …
The Legal Framework Of Carbon Trading In The Perspective Of Climate Law: A Comparative Study Of Global Warming Mitigation Strategies Between Indonesia And Brazil,
2026
Universitas Airlangga
The Legal Framework Of Carbon Trading In The Perspective Of Climate Law: A Comparative Study Of Global Warming Mitigation Strategies Between Indonesia And Brazil, Istikhomah Istikhomah, Laella Millinia
Indonesian Journal of Environmental Law
This study examines the legal framework of carbon trading, focusing on a comparative analysis of global warming mitigation strategies in Indonesia and Brazil. Using a normative juridical method, this research analyzes legal instruments, policies, and international commitments that shape carbon trading mechanisms in both countries. The primary issue explored is the effectiveness of regulatory frameworks in facilitating carbon trading to mitigate climate change while ensuring environmental sustainability and economic growth. Both Indonesia and Brazil have established carbon trading regulations in line with their commitments under the Paris Agreement. However, their implementation strategies differ significantly. Indonesia employs a regulatory based approach …
Weaknesses Of Opponents, Strengths Of The Taliban: The Success Of The Taliban Insurgency,
2026
Colby College
Weaknesses Of Opponents, Strengths Of The Taliban: The Success Of The Taliban Insurgency, Isabella Ryan
Bates College Journal of Political Studies
How did the Taliban insurgency succeed in gaining control of the Afghan state in 2021 following the collapse of the Taliban regime in 2001? This paper argues that the Taliban’s success resulted from two key dynamics: the weaknesses of opponents and strengths of the Taliban. The Afghan State was undermined by governance failures including the 2004 Constitution, overcentralization, lack of rural governance, corruption, and a dependence on foreign aid. These internal weaknesses were compounded by international policy failures, including the Bonn Agreement, inconsistent counterinsurgency (COIN) and counterterrorism (CT) strategies, the failed peace process design embedded in the Doha Agreement, and …
It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry,
2026
DePaul University
It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter,
2026
DePaul University
Climate Change And The Reconfiguration Of Arctic Access,
2026
University of Maine School of Law
Climate Change And The Reconfiguration Of Arctic Access, Charles H. Norchi, Amanda H. Lynch
Faculty Publications
The Arctic is warming faster than any other region on Earth, with surface air temperatures increasing at a rate nearly four times the global average.1 This amplification of global change has been reshaping the Arctic for decades, altering sea ice extent and thickness, snow regimes, permafrost stability, and hydrological systems. Against this backdrop, a persistent narrative has taken hold that the diminishing cryosphere2 is setting the table for opportunity: opening the Arctic to navigation, development, and exploitation. But this thaw renders the Arctic neither benign nor uniformly accessible. The region remains frozen for most of the year, dark for months …
