• Indonesian Journal of International & Comparative Law

Publisher:
The Institute for Migrant Rights
Publication date:
2014-03-27

Latest documents

  • Current Social Obligations of Land Rights on Chinese State-Owned Land

    Cyberattacks are proliferating. Live trackers record over 6 million cyberattacks daily. Information technology-dependent societies increasingly perceive cyber- threats as a destabilising force and citizens inevitably look to the State for protection. This paper concerns one form of State protection: whether States owe due diligence obligations in cyberspace under the laws of State responsibility. Specifically, it re-examines the contents of such an obligation and the circumstances which could trigger it in light of cyberattacks’ peculiarities. A straightforward replication of due diligence models from international environmental law or law of the sea is not appropriate. But cyber-diligence should incorporate certain principles found within both models and channel ultimate responsibility...

  • State Responsibility and Cyberattacks: Defining Due Diligence Obligations

    Cyberattacks are proliferating. Live trackers record over 6 million cyberattacks daily. Information technology-dependent societies increasingly perceive cyber- threats as a destabilising force and citizens inevitably look to the State for protection. This paper concerns one form of State protection: whether States owe due diligence obligations in cyberspace under the laws of State responsibility. Specifically, it re-examines the contents of such an obligation and the circumstances which could trigger it in light of cyberattacks’ peculiarities. A straightforward replication of due diligence models from international environmental law or law of the sea is not appropriate. But cyber-diligence should incorporate certain principles found within both models and channel ultimate responsibility...

  • The Developments of Arbitration in Brazilian Legal System: Examining Amendments to the Brazilian Arbitration Law, the New Civil Procedure Code, and the Novelty of the Arbitral Letter

    In 2015, the Brazilian legislators amended the Arbitration Law and promulgated a New Civil Procedure Code. This paper focuses on the amendments and the new Code, which were imperative to end controversies addressed by the academia and case law, therefore modernizing and dynamizing the legislation. The reforms followed an international tendency to increase the use of arbitration, which is clearly beneficial for delivering fast and specialized justice. As a result, the new legislation brought Brazil to a prominent position in the international economy scene incrementing the credibility of the national arbitration institutions. The amendments to the Arbitration Law and the New Civil Procedure Code only came to force in July 2015 and March 2016, respectively. This paper delivers a significa...

  • The Power of Access to Information: How Involving Civil Society in Afghanistan Could Support Sustainable Transparency and Accountability to Fight Corruption

    In 2015, the Afghan Government adopted the Afghan Law of Access to Information as a part of its anti-corruption efforts to increase transparency and accountability of government. Though this law signals progress and a measure of political will to fight corruption, it falls short of the requirements under international best practices regarding “Processes to Facilitate Access to Information.” To begin to remedy this problem and work toward compliance, this paper recommends that Afghanistan strengthen the processes that facilitate access to information. To this end, it suggests ideas for legislative reform, adapted from successful laws of other nations such as India, Slovenia, and Serbia. Furthermore, facilitate implementation of the law, and ultimately, facilitate access to information an...

  • The Egyptian Judiciary in the Age of the Republic: The Role of Internal Conflicts in Controlling the Judicial System

    The Egyptian judiciary has struggled against the executive authority for the past decades. This struggle has seen many losses and gains. It has paved the road for the judiciary to play a role in the constitutional process in the last five years. Many scholars present this judicial struggle as a conflict between the executive and the judiciary. However, the history of the internal conflicts among judges remains a mystery or is merely implied. Such conflicts have taken on various forms based on the political regime in power. As a result, this research argues that the struggle was not only between political regimes and the judiciary, but also expressed itself in an internal conflict among the members of the judiciary. This research is limited to the Republic period, lasting from 1952 to 20...

  • Notes on Contributors
  • A Clash of Civilizations: An Overview on Child Brides and How the Syrian Refugee Crisis is Forcing Europe to Follow its Laws or Follow Another's

    Everyday, all around the world millions of women and children are suffering from the effects child marriage. A child marriage occurs when a female child is forced to marry an adult male. These marriages are typically the result of poverty, religion, and cultural norms. One of the areas with the most prevalent amount of child brides is the countries throughout the Middle East including Syria. As a result of the current refugee crisis occurring in Syria, where millions of Syrian citizens are fleeing their homes, of which many are fleeing into the countries of Europe willing to accept them. Many of the refugees coming into Europe are already involved in a child marriage. Leaving the countries of Europe to make a difficult decision, should they violate their own laws and accept the marriage...

  • The Invisible Wall: Why U.S. Refugee Policy Operates as an Illegal Restraint on the Asylum Rights of Syrians

    The international refugee crisis requires the world’s attention. Millions of people are stateless and suffering, and there is an alarming risk of losing an entire generation. The crisis came to a tipping point after the Syrian conflict began in 2011. Now millions of Syrian children are no longer in school and thousands have been separated from their parents. In response to this humanitarian event the U.S. has done little more than provide funding to organizations addressing the situation. That funding, however, can only go so far and millions still remain displaced as of today. Moreover, U.S. funding that is bereft of actual U.S. oversight only increases the risk that those donations will fall into the hands of dangerous extremists and terrorists groups. Despite its per se adherence to ...

  • Towards a Universal Construction of Transgender Rights: Harmonizing Doctrinal and Dialogic Strategies in Indian Jurisprudence

    This paper intends to critically examine the juridical process by which members of the transgender community in India became the subjects of rights. This process reached its apotheosis in the passing of a landmark judgment, NALSA v. Union of India, by the Supreme Court of India that granted legal recognition to transgender citizens and affirmed their fundamental right to constitutional protections, guarantees, and entitlements. This jurisprudence, I argue here, relies upon a dialogic nexus between human rights and development advanced by the Court, one which allows for the deployment of an innovative doctrinal approach that interprets the civil and political rights envisaged in Part III of the Constitution of India harmoniously with the social and economic rights in Part IV. The Court’s...

  • Legal Analogy as an Alternative to the Deductive Mode of Legal Reasoning

    This article demonstrates the inadequacy of legal deduction as a method that guarantees the certainty and predictability of law and its outcomes in concrete instances. Inter alia, it brings our attention to the far smaller role that the deductive pattern of inference plays in legal thought than one may suppose, since this pattern rather only a schematic illustration of the decisions that were previously made by recourse to the mental operations of a non-logical nature. In return, as an alternative, legal analogy by which it is understood a mode of thinking which enables the reasoners to take into account a mass of different factors that are traditionally deemed to be relevant for legal thought and decision-making is proffered.

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