Friction Points Between The Eu Data Act And Wto Law,
2025
PhD Candidate, KU Leuven, Institute for International Law
Friction Points Between The Eu Data Act And Wto Law, Pedro R. Borges De Carvalho
Indian Journal of International Economic Law
It has been noted that many of the provisions of the EU Data Act are protectionist in character, seemingly designed to guard data as a national resource to be explored by EU actors first and foremost, and not to be exported, to the detriment of third-country companies. To international trade treaty partners, most notably the United States, it may seem as though the EU’s policy of digital sovereignty, in its current contours, risks violating WTO Law, which is premised on ideals of global free trade and comparative advantage. This essay analyses the most problematic provision of the Data Act in …
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward,
2025
Ministry of Foreign Affairs of the Republic of Indonesia
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
Indonesian Journal of International Law
On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends …
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law,
2025
Universitas Diponegoro
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari
Indonesian Journal of International Law
The Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit orders that are no longer debated because they are accepted as truth. The Grundnorm being the source of the validity of legal imperatives, it means that is the highest source of the validity of regulatory law within the scope of national and international law. This is the background of the justification of the Monism school, which is …
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”,
2025
International University of Sarajevo
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović
Indonesian Journal of International Law
The year 2025 marks the thirtieth anniversary of the Srebrenica genocide. This article aims to revisit and give an overview of the critical points of the judgment in the case of Bosnia and Herzegovina v Serbia and Montenegro (Judgment), related to the application of the Convention on the Prevention and Punishment of the Crime of Genocide that was conducted before the International Court of Justice. The case (also known as the Bosnia v Serbia case) was brought to an end by the Judgment in 2007, drawing a mixed response. The main points of contention in the Judgment are related to …
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?,
2025
Universitas Indonesia
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela
Indonesian Journal of International Law
To overcome the global climate change crisis, the Government of Indonesia (GoI) ratified the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement on Climate Change on 22 April 2016, imposing quasi-legal obligations on contracting states to reduce greenhouse gas (GHG) emissions based on Nationally Determined Contribution (NDC) until 2030. As a contracting party of the Paris Agreement, Indonesia has submitted an Enhanced Nationally Determined Contribution (ENDC), increasing its GHG emission reduction target from 31.98 percent to 43.20 percent by 2030. Pillar II of the Golden Indonesia Vision 2045, Indonesia has also reaffirmed its commitment to climate change mitigation …
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam,
2025
Ho Chi Minh City University of Law
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Indonesian Journal of International Law
The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering,
2025
Kampala International University
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga
Indonesian Journal of International Law
The war crime of child soldiering has contagiously blossomed, necessitating the application of several prohibitive legal standards for its extermination. As the impact of this heinous and atrocious crime soars, the multi-dimensional scope for the protection against child soldiering becomes more sternly entrenched. This article aims to interrogate this global and worrying phenomenon in the light of existing international legal framework. Alhough doctrinal in nature, this article relies on both primary and secondary sources of data. It was found that despite the high retinue of prohibitive norms as stipulated in various legal instruments, the war crime of child soldiering has …
Caught In Citizenship Limbo: Lessons From The 2025 International Student Visa Crisis In The U.S,
2025
University of Wisconsin-Madison
Caught In Citizenship Limbo: Lessons From The 2025 International Student Visa Crisis In The U.S, Jinke He
Critical Internationalization Studies Review
No abstract provided.
The Jurisdiction Of The International Criminal Court Over The Killing Of The Reporter Of Al-Jazeera Shereen Abu Aqleh,
2025
Arab American University, Palestine
The Jurisdiction Of The International Criminal Court Over The Killing Of The Reporter Of Al-Jazeera Shereen Abu Aqleh, Rezeq Salmoodi, Mahmoud Al-Qarem, Ibrahim Khalid Yahya
Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث
This research dealt with the issue of the jurisdiction of the International Criminal Court over the murder of the journalist Shireen Abu Aqleh in Jenin on Wednesday morning, May 11, 2022. In this regard, the research addressed the various and possible scenarios in the issue of criminal jurisdiction in both its formal and objective aspects in terms of overlap, parallelism and separation between national and international criminal jurisdiction as well as the International Criminal Court’s jurisdiction on the case in question. All of this was derived from the research problem represented by the conflict of criminal jurisdiction in the case …
The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars,
2025
The American University in Cairo
The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid
Theses and Dissertations
The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law,
2025
American University in Cairo
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
Theses and Dissertations
This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction,
2025
Universiti Malaya
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong
Indonesian Journal of International Law
Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with …
Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective,
2025
Penn State Dickinson Law
Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Minding The Gap: The Berne Convention’S Silence On Available Copyright Infringement Damages,
2025
Penn State Dickinson Law
Minding The Gap: The Berne Convention’S Silence On Available Copyright Infringement Damages, Kylie Johnston
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Confronting The Injustices That Prevail From Revealing Americans’ Most Private Information: Their Genetic Code,
2025
Penn State Dickinson Law
Confronting The Injustices That Prevail From Revealing Americans’ Most Private Information: Their Genetic Code, Aubrey Fleming
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Sovereignty Vs. Humanity: The Evolution Of International Law In Civil And Colonial Wars And Modern Implications,
2025
Penn State Dickinson Law
Sovereignty Vs. Humanity: The Evolution Of International Law In Civil And Colonial Wars And Modern Implications, Dr. Noam Zamir
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Tax Treaties In The Wind,
2025
Penn State Dickinson Law
Tax Treaties In The Wind, Doron Narotzki
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Cuba And The Constitution Of A Stable State Of Misery: Ideology, Economic Policy, And Popular Discipline,
2025
Penn State Dickinson Law
Cuba And The Constitution Of A Stable State Of Misery: Ideology, Economic Policy, And Popular Discipline, Larry Catá Backer
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreword,
2025
Penn State Dickinson Law
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents,
2025
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
