• Indonesian Journal of International & Comparative Law

The Institute for Migrant Rights
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  • New King, New Character: Duterte's China Strategy and its Impact on Philippine Interests in the South China Sea

    The election of populist President Rodrigo Duterte brought about a significant change in the South China Sea policy of the Philippines. Whereas the previous administration preferred to assert its sovereign rights to portions of the South China Sea through an arbitration action against China, the new president has sought reconciliation with China to address conflicting sovereignty claims. This article argues that although Duterte’s new strategy has secured some short-term gains, it been largely ineffective in securing the long-term national interests of the Philippines in the South China Sea. Not only have the Chinese infrastructure loans that Duterte was promised in exchange for his policy shift failed to materialize, his deference to China’s interests threatens to jeopardize the fishin...

  • Jordanian Constitutional Court: Toward A Democratic, Effective and Accessible

  • The Rebellious Scholar: In Honour of Professor Mahmoud Cherif Bassiouni

  • Notes on Contributors

  • Modernizing Colombian Corporate Law: The Judicial Transpalant of the Business Judgment Rule

    The business judgment rule (“Rule”) is one of the most widely discussed legal doctrines on US Corporate Governance Law. Various jurisdictions outside of the US have adopted some version of the Rule. Recently, a specialized corporate law court in Colombia transplanted the Rule to such jurisdiction. The adoption process constitutes an example of functional convergence of corporate law, an instance of the development of Colombian law, and a case study on the possibility of bridging the perceived differences between the Common Law and the Civil Law traditions. Notwithstanding, such transplant has not been without controversy. On the one hand, some local commentators and members of the judiciary utterly reject the application of the Rule in Colombia. Under this view, positive law is altogeth...

  • The Need for a Mandatory Comparative Proportionality Review for Death Sentences in the Face of Shifting International Norms

    Some nations and states have chosen to move towards disuse, or banning entirely, while other nations and states have doubled down on its use. The use of the death penalty as a nation places the United States as a rare outlier among developed, first-world countries. The definition of “cruel and unusual” punishment has been ever-changing and will continue to do so into the future as societal norms shift. Now is the time to evaluate once again whether the current death penalty scheme continues to qualify as neither cruel nor unusual. It is a near impossibility that the death penalty will be abolished by the Court any time soon, but that does not mean states cannot be required to ensure that death is sentenced in a fair and proportional way by the states. Currently, the death penalty is not...

  • Notes on Contributors

  • Indigenizing Constitutionalism: A Critical Reading of 'Asian Constitutionalism

    The intense rise of the “Rest” has not only significantly wrought the real-world dimensions of the political and economic global landscape, which marked the power shift from the traditional West, but serenely introduced a different kind of intellectualism that challenges the Enlightenment based orthodoxies that have typically supported the liberal tradition. As a distinct scholarly strain, this vantage point of the “other” primarily rests on the binary self-proclaimed indigeneity, i.e. the native values of a society, that eventually challenges the legitimacy of the once well-established notions such as the rule of law, separation of power, secularism and constitutionalism that are the indisputable buttresses of democracy. In that light, this article situates the emerging ni debate on a ...

  • Updating the Law of Trade Secrets in Saudi Arabia

    Saudi Arabia is an Arab sovereign state which has been a member of WTO since 2005. Islam is the official religion and all laws must be compatible with the religion of Islam to enforce a rule in the country. Although Islam has never addressed intellectual property rights nor judicial remedies in the event of misappropriation, Islam is utterly reconcilable with providing protection regarding IP rights; specifically, trade secrets. Notwithstanding the new vision to become a developed country and lessen its dependency on oil, Saudi Arabia lacks an effective protection concerning trade secrets despite the considerable reliance by businesses on the law of trade secrets due to the fact that companies are facing a daily threat of losing the competitive edge. Some of the deficiencies in Saudi Ar...

  • Star Chamber in Context

    Star Chamber used much discretion, yet not in ways that set it apart from the rest of the early modern English legal system. The popular label to the contrary is a myth. This myth has been partly debunked by some historians. In this paper, I attempt to further debunk it, and in a slightly different way. I use the interaction between power and justice as my analytical lens, to reveal broad parallels between Star Chamber and the common law criminal justice system. I hope to show that similar goals underlay the law in both realms, and that the two were therefore not fundamentally different. Though only one survived, they were products of the same age and philosophy. The broader significance of this paper lies in the fact that Star Chamber is an excellent case study for larger lessons about...

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