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 …
تقييم قانون التنظيم القضائي في ضوء المعايير الدوليّة,
2026
محاميّة لدى نقابة المحامين في بيروت، أستاذة مساعدة في كليّة الحقوق والعلوم السياسية لدى جامعة القدّيس يوسف في بيروت
تقييم قانون التنظيم القضائي في ضوء المعايير الدوليّة, رينا قسطنطين
Proche-Orient, Études juridiques
This study examines Lebanon’s Law on the Organization of the Judicial Court System, adopted by the Chamber of Deputies on July 31, 2025, and returned to the Chamber by the President of the Republic for further discussion, on September 5, 2025. It represents one of the most significant judicial reform initiatives since the Taif Agreement of 1989. The study traces the evolution of the Law’s provisions in successive drafts in light of the recommendations of the Venice Commission – the advisory body to the Council of Europe – and international standards regarding both institutional and individual judicial independence. The article …
عملة إيفاء الديون مع ملاحظات حول تحديد سعر صرف العملة: دراسة مقارنة,
2026
قاض، رئيس دائرة التنفيذ في المتن
عملة إيفاء الديون مع ملاحظات حول تحديد سعر صرف العملة: دراسة مقارنة, أنطوان طعمة
Proche-Orient, Études juridiques
This study tries to clear up the ambiguity that deals with the interpretation of legal articles related to repayment. It includes an attempt to interpret the text of article 301 of the Law of Obligations and Contracts. It also deals with the text of the second paragraph of that article, which mentions the phrase “normal time” during which the parties have the right to stipulate the payment in a foreign currency or metal. The study also deals with an explanation of the concepts of compulsory circulation and legal circulation of currency, and the impact of these concepts on the interpretation …
ثوابت وتساؤلات فإمكانية حلول فيما خص إيفاء الديون المحررة بالعملة الأجنبية في ظل الأزمة المالية,
2026
بروفسور في كلية الحقوق والعلوم السياسية في جامعة القديس يوسف في بيروت
ثوابت وتساؤلات فإمكانية حلول فيما خص إيفاء الديون المحررة بالعملة الأجنبية في ظل الأزمة المالية, ݒول الحاج شاهين
Proche-Orient, Études juridiques
The seminar entitled “Repayment of Debts Denominated in Foreign Currency Amid the Financial Crisis” addresses the severe financial turmoil Lebanon has been experiencing since the end of 2019, marked above all by the sharp depreciation of the Lebanese pound. This collapse created profound difficulties in repaying debts denominated in foreign currency, and in some cases made repayment impossible. The issue is closely tied to Lebanon’s reliance on foreign currencies, particularly the U.S. dollar. Anticipating such risks, many Lebanese citizens had safeguarded their savings by depositing them in banks in foreign currency, as protection against the recurring devaluation of the national …
إيفاء الديون المحررة بالعملة الأجنبية في العقود الداخلية,
2026
أكريجي من كليات الحقوق الفرنسية، ل. ل. م. جامعة هارفارد الأميركية، بروفسور في كلية الحقوق والعلوم السياسية في جامعة القديس يوسف في بيروت، محامٍ بالإستئناف
إيفاء الديون المحررة بالعملة الأجنبية في العقود الداخلية, نجيب الحاج شاهين
Proche-Orient, Études juridiques
The issue of the payment of debts denominated in a foreign currency arises in two types of contracts: international contracts and domestic contracts. In international contracts, this issue is easily resolved by Lebanese Courts who have consistently ruled that the debtor must repay the debt arising from an international contract in the foreign currency that is stipulated in that contract. On the other hand, this raises three problems that have led to conflicting court decisions in domestic contracts. These issues are the following: the validity of contractual provisions requiring that payment be made in a foreign currency; whether the debtor …
La Levée Du Secret Bancaire Au Liban,
2026
Chargé d’enseignement à la Faculté de droit et des sciences Politiques de l’Université Saint-Joseph de Beyrouth, avocat à la Cour, membre du groupe UN FACTI
La Levée Du Secret Bancaire Au Liban, Karim Daher
Proche-Orient, Études juridiques
The Banking Secrecy Law, adopted in Lebanon in 1956, formally prohibited banks and their personnel from disclosing any information relating to their clientele to any public or private party. The purpose of enacting this law was to attract financial inflows to Lebanon in the 1950s and 1960s, a period that coincided with the oil boom in Gulf countries, and nationalization processes in neighboring Arab countries, especially Egypt and Syria, as well as later from wealthy Gulf oil monarchies. While this legislation ensured the protection and confidentiality of these deposits, it weakened tax citizenship, promoted a culture of corruption and impunity, …
La Neutralité : Notion De Droit International Et Positionnement Politique De L’Etat,
2026
Professeur à la Faculté de droit et des sciences politiques de l’Université Saint-Joseph de Beyrouth, directeur de l’Ecole doctorale de droit et de sciences politiques
La Neutralité : Notion De Droit International Et Positionnement Politique De L’Etat, Aida Azar
Proche-Orient, Études juridiques
In international law, the concept of neutrality refers to the situation of a State that intends to remain uninvolved in armed conflicts. It is linked to the law of war and follows a specific legal framework that includes rights granted to neutral countries as well as duties imposed upon them, primarily abstention and impartiality. However, neutrality can be dissociated from war and can consist, in times of peace, of avoiding any actions that could draw a State into a conflict or a dispute between foreign powers. In such cases, it corresponds to a political stance of the State. Whether it …
The Great Depression And Canada's Major Originalist Decade,
2026
Villanova University Charles Widger School of Law
The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim
Faculty Publications
Few periods of Canadian history have been as momentous or terrible as the Great Depression. The Dominion and provincial governments’ inability to combat financial and environmental catastrophe led many Canadians to openly question the appropriateness of their constitutional framework. As legal historians have since documented, many leading jurists of the time believed that a strong central government could, through the institution of national programs, contain the Great Depression; in the eyes of these 1930s jurists, the Judicial Committee of the Privy Council—then Canada’s apex court—had sapped the federal government of its powers by misinterpreting the British North America Act, 1867 …
Recognition Without Authority? Why Vesting Government Recognition In The U.N. Credentials Committee Would Be A Mistake,
2026
Yale Law School
Recognition Without Authority? Why Vesting Government Recognition In The U.N. Credentials Committee Would Be A Mistake, Jorge Barrera-Rojas
Washington and Lee Law Review Online
When the legitimacy of a government is contested, courts, regional bodies, and states each decide independently who speaks for the state in law. In Recognition Rules, Justin Cole, Alaa Hachem, and Oona Hathaway argue that this fragmentation imposes real costs and propose to cure them by empowering the U.N. Credentials Committee to issue binding determinations of governmental authority across all international law contexts. This Article argues that, beyond Charter obstacles to such a reform, it would be a mistake. The effective-control criterion rewards actors who seize power by force over governments that retain democratic legitimacy; binding credentials decisions would …
