Reapproaching International Law Through Twail: Reclaiming Marine Sovereignty And Rights Of The Global South Within Law Of The Sea,
2025
Assistant Professor at Department of International Law, Faculty of Law, Universitas Lampung, Jalan Soemantri Brojonegoro No.1 Gedong Meneng Bandar Lampung, S.H., M.H., Ph.D. (Kanazawa University).
Reapproaching International Law Through Twail: Reclaiming Marine Sovereignty And Rights Of The Global South Within Law Of The Sea, Ria Wierma Putri, Febryani Sabatira, Orima Melati Davey, Afandi Sitamala
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Third World Approaches to International Law (TWAIL), also understood as a theory of decolonizing international law, offers a critical framework for analyzing the historical evolution of international law and its continuing impact on Global South nations. This article examines TWAIL's perspective within the Law of the Sea, with particular attention to the ways in which the dominance of marine resource use by industrialized states perpetuates structural inequities over less powerful states. Since the 1950s, TWAIL scholars have emphasized the importance of amplifying Global South voices to challenge entrenched colonial legacies and reshape the future of international law. The purpose of …
Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code,
2025
Doctoral Student, Faculty of Law, Universitas Gadjah Mada, Jalan Sosio Yustisia No. 1, Yogyakarta, S.H. (Universitas Gadjah Mada), M.M. (Universitas Airlangga)
Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The 2023 Indonesian Criminal Code revises the formulation of corruption offenses, including rules on proving state financial losses; however, the elucidation of Article 603 raises questions regarding the competent institution and the evidentiary weight of audit results. This study examines how the provision may perpetuate ongoing debates over experts’ authority to determine state financial losses, which are often perceived as affecting legal certainty, and proposes a reformulation to provide clearer legal guidance. This doctrinal study employs statutory and case law approaches, utilizes qualitative methods, and applies Gustav Radbruch’s perspective as an analytical lens. It finds that Article 603’s elucidation uses …
Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements,
2025
Lecturer at the Department of Business Law, Faculty of Law, Universitas Gadjah Mada, Jl. Sosio Yustisia Bulaksumur No.1, Daerah Istimewa Yogyakarta, Dr., S.H., M.Hum. (Universitas Gadjah Mada)
Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements, Veri Antoni, Azka Farrell Razaga
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Supreme Court Circular (SEMA) 3/2023 states that apartment and/or flat developers do not meet the simple proof requirements referred to in Article 8 paragraph (4) of Law 37/2004. This paper aims to answer what is the legal implication of the exception to the bankruptcy request against apartment and/or flat developers that were considered insufficient to meet the simple proof requirement in SEMA 3/2023? and what the solutions as a recommendation that can be provided? This research is normative legal research that employs legislative, conceptual, and comparative approaches through document studies to obtain secondary data. Simple proof in bankruptcy law refers …
Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States,
2025
Senior Lecturer of Business Law in Competition and Consumer Protection Law, Faculty of Law, Universitas Trisakti, West Jakarta, DKI Jakarta, Indonesia
Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States, Anna Maria Tri Anggraini, Ahmad Sabirin, Farhandi Himawan
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Business entities employ predatory pricing as a strategy primarily aimed at eliminating competitors. The regulation and detection of predatory pricing are complex processes, and each country adopts distinct mechanisms to address the issue. The scientific contribution of this study lies in its comparative analysis of two different legal systems—Indonesia’s civil law and the United States’ common law—in addressing predatory pricing practices under competition law. It examines how differing legal frameworks influence the methods of proof, the application of the rule of reason principle, and the pattern of sanctions imposed on business actors. In addition, this study adopts an interdisciplinary approach …
Book Review: The Role Of Civil Society In Transitional Justice: The Case Of Russia,
2025
George Mason University
Book Review: The Role Of Civil Society In Transitional Justice: The Case Of Russia, Myra Dahgaypaw
Genocide Studies and Prevention: An International Journal
This book review evaluates Selbi Durdiyeva's The Role of Civil Society in Transitional Justice: The Case of Russia as a vital contribution to genocide prevention scholarship, which is particularly timely given Russia's mass atrocity crimes in Ukraine and their connection to domestic repression. The book's theoretical innovation in challenging state-centric transitional justice paradigms through rigorous analysis of Memorial NGO, Orthodox Church activities, and revisionist groups across three decades of post-Soviet Russia is critical for the transitional justice field. It is worth highlighting Durdiyeva's unique postcolonial perspective as someone from a former Soviet territory studying the metropole, and her demonstration that …
Transnational Mass Tort Litigation: A Proposal For An International Court Of Civil Justice,
2025
Boston University School of Law
Transnational Mass Tort Litigation: A Proposal For An International Court Of Civil Justice, Maya Steinitz
Faculty Scholarship
This chapter argues for the creation of an International Court of Civil Justice for transnational mass tort cases. It considers the challenges of adjudicating cross-border mass torts along with the incentives and feasibility of a new international court. Drawing upon case studies including the Bhopal disaster, litigation surrounding the devastation of the Ecuadorian rainforest, and the attempts to sue over human rights abuses in Nigeria, the chapter demonstrates that the world's legal systems were not designed to solve these kinds of complex cases, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice …
Professor Zalman Rothschild Contributes To New York Times Honoring The Legacy Of Rabbi Killed In Australia Terror Attack,
2025
Yeshiva University, Cardozo School of Law
Professor Zalman Rothschild Contributes To New York Times Honoring The Legacy Of Rabbi Killed In Australia Terror Attack, Benjamin N. Cardozo School Of Law
Cardozo Law News Archive
Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion and Assistant Professor of Law, contributed an essay to a New York Times newsletter honoring Rabbi Eli Schlanger, who was killed in a terrorist attack during a Hanukkah celebration in Australia. The essay reflects on Rabbi Schlanger's life, legacy, and personal impact.
Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?,
2025
Elisabeth Haub School of Law, Pace University
Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?, Ishani Sanyal
Pace International Law Review
For decades, international child abduction by one parent from the legal custody of the other has been a persistent issue which continues to be overlooked by international organizations and countries from around the world. While the Hague Convention on the Civil Aspects of International Child Abduction has helped to initiate certain progress in addressing acts of international child abduction by parents, signatory states including Brazil have failed to enforce rulings and provisions of the convention. This article addresses how the convention does not account for structural inadequacies of Brazilian court systems which prevent thorough enforcement of international custody and visitation …
“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”,
2025
Pace University
“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”, Carina Dietmayer
Pace International Law Review
Climate change, which is already making itself felt, poses challenges for international law and the international community. Climate change and its consequences will lead to (involuntary) human mobility and affect many people. This forced migration is not yet specifically addressed by international law. This article addresses climate-induced migration and the protection of climate refugees through international refugee and migration law, international human rights law, international environmental law, climate change law and international disaster law. It analyzes how and, above all, why climate refugees are protected. The core thesis of the article is the justification of a need for protection of …
Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia,
2025
University of Miami School of Law
Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia, Olivia Clausen
Pace International Law Review
Both the United States and Australia would benefit from more conservation of private land, and conservation servitudes can help both countries achieve this. However, in the United States and Australia, the power of eminent domain is a threat to the perpetuity of conservation servitudes. The prior public use doctrine, a common law doctrine in the United States arising out of the public trust doctrine, could limit eminent domain in these cases and provide protection to conservation servitudes. This doctrine states that land devoted to one public use (such as conservation) may not be condemned for another inconsistent public use unless …
Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War,
2025
St. Mary's University School of Law
Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War, Jeffrey F. Addicott
Pace International Law Review
No abstract provided.
Remembering Eric E. Bergsten,
2025
Pace University
Remembering Eric E. Bergsten, Jay Carlisle
Pace International Law Review
No abstract provided.
Memories Of Dr. Eric Bergsten From The 2004 International Program,
2025
Pace University
Memories Of Dr. Eric Bergsten From The 2004 International Program, Christopher Boies
Pace International Law Review
No abstract provided.
Tribute To Eric Bergsten From Louise Barrington, Chair, Vis East Moot Foundation,
2025
Pace University
Tribute To Eric Bergsten From Louise Barrington, Chair, Vis East Moot Foundation, Louise Barrington
Pace International Law Review
No abstract provided.
Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool,
2025
Brigham Young University Law School
Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool, Vinita R. Singh
BYU Law Review
Amidst calls to reconceptualize taxation as a national security tool, legislators are reexamining how the United States taxes foreign governments. Federal income taxation of foreign governments—what this Article terms “the law of immunity from taxation” or “sovereign tax immunity”—strongly influences whether and how foreign governments pursue investment in the United States. This impact on international business transactions indicates sovereign tax immunity has the potential to be a powerful national security tool. Yet, despite its import, the law of immunity from taxation has been underexplored and undertheorized. This Article steps into this gap in discourse by challenging the way recent legislative …
Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations,
2025
University of Miami School of Law
Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock
Articles
No abstract provided.
Standing Before The Icj: A Novel Framework For Erga Omnes Partes,
2025
Loyola Marymount University and Loyola Law School
Standing Before The Icj: A Novel Framework For Erga Omnes Partes, Elson Law
Loyola of Los Angeles International and Comparative Law Review
This paper explores the concept of legal standing before the International Court of Justice (“ICJ” or “the Court”) in contentious cases and the legal theories that states may invoke to establish their entitlement to submit claims relating to specific subject matters. The concept of standing in international law requires a party to demonstrate a sufficient legal interest in the subject matter of their case. Three primary theories potentially provide such an interest for states parties to multilateral treaties: legal injury from the respondent state’s violation of an obligation owed to the applicant state, obligations erga omnes partes created by the …
Movilla Galarcio Et. Al. V. Colombia,
2025
Loyola of Los Angeles International and Comparative Law Review
Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian
Loyola of Los Angeles International and Comparative Law Review
This case is about the forced disappearance of a trade unionist and political militant in Colombia. Colombia partially admitted responsibility. The Court found Colombia in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.
García Rodríguez Et Al. V. México,
2025
Loyola of Los Angeles International and Comparative Law Review
García Rodríguez Et Al. V. México, Madeline Prokop
Loyola of Los Angeles International and Comparative Law Review
This case is about the arrest, prosecution, conviction and detention of two suspects of the murder of the mayor of a Mexican municipality. The Court found Mexico in violation of several articles of the American Convention and of the Inter-American Convention to Prevent and Punish Torture.
Economic Sanctions In International Arbitration Proceedings,
2025
Loyola Marymount University and Loyola Law School
Economic Sanctions In International Arbitration Proceedings, Admir Muratović
Loyola of Los Angeles International and Comparative Law Review
The world is witnessing the imposition of new economic sanctions on an every-day basis. After the Russian annexation of the Crimean Peninsula in 2014, and in particular with the invasion of Ukraine in February 2022, the issue of economic sanctions received an upsurge of public scrutiny. Russian investors and companies, a number of which are facing economic sanctions, do substantial businesses in States that imposed sanctions targeting them. At the same time, Russian entities have established business relationships with corporations originating in such States. On the other hand, after the Crimea annexation, Russia adopted certain measures to counter the effect …
