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Indonesian Journal of International & Comparative Law
- Publisher:
- The Institute for Migrant Rights
- Publication date:
- 2014-03-27
Latest documents
- 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
- 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...
- 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.
- Notes on Contributors
- The Rise and Fall of Eunomia
Featured documents
- Indigenous Rights before the Inter-American Court of Human Rights: a Call for a Pro Individual Interpretation
In its traditional conception, international law regulates relations between sovereign states. This definition is challenged by current developments of international law, especially in the area of human rights. The human person is arguably a bearer of rights and duties under international law....
- Early Marriage as A Violation of Human Rights: A Proposal for Constructive Engagement in Non-Western Communities
Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. In other words, the phenomenon of early marriage is not unusual, but has...
- The Legal Status of the State of Israel: A Libertarian Approach
- Human Rights for Whom?: National Identity and Its Impact on Divergent Human Rights Protection of Ethnic and Cultural Minorities in South Korea
In the era of globalization, the concept of multiculturalism is gaining significance in many countries around the globe. With the recent demographical changes, South Korea, too, is starting to engage in the debate on multiculturalism. Despite an increasing number of foreigners residing in Korea,...
- International Law and Ungoverned Space
Ungoverned spaces, strictly defined as "spaces not effectively governed by the state" exist all over the world, presenting particular difficulties to public international law, which is historically premised on sovereignty and state control. Examples of such spaces include cyberspace,...
- The Problematic Right to an Abortion from a Natural Law Perspective
The right of privacy has expanded significantly since it was effectively utilized fifty years ago to invalidate the conviction of individuals for violating Connecticut’s birth control law in Griswold. Nevertheless, the right to privacy continues to create controversy in the twenty first century as...
- Cultural Rights: The Possible Impact of Private Military and Security Companies
Culture and its protection has been present in the earliest codifications of the laws of war and international humanitarian law, both in its physical manifestations as cultural heritage and its practice and enjoyment as cultural rights. However, the engagement of private military and security...
- Grand Corruption: Strategies for Preventing International Impunity
This article presents an analysis of the arguments for and against including the most serious cases of corruption within the jurisdiction of the International Criminal Court. The purpose is to suggest a realistic strategy for advancing towards the goal of preventing impunity in such cases. It...
- No Gaiety Here: The Plight of Undocumented LGBT Youth in America
At least 267,000 undocumented Lesbian, Gay, Bisexual, and Transgender (LGBT) adults currently live in the United States. This figure does not include those undocumented LGBT immigrants under the age of eighteen. Placing these youth in immigration limbo only compounds the high rates of violence at...
- 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...