• Indonesian Journal of International & Comparative Law

The Institute for Migrant Rights
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  • Notes on Contributors
  • Political Patronage and Judicial Appointments in India
  • Teaching Comparative Contract Law through the CISG

    The author submits that the 1980 United Nations Convention on the International Sale of Goods (the "CISG") serves as an effective tool to teach and learn comparative contract law. This work attempts to contribute to the scholarship and teaching of comparative contract law by unveiling the CISG as a material that may successfully set the students’ learning process into motion. The author demonstrates how students can discover knowledge about foreign legal systems by decomposing the content and design of the CISG with the professor’s help. The author offers some guidelines on how to use the CISG to overcome the apparent difficult questions of comparative contract law and suggests some starting point exercises to teach comparative contract law through the CISG.

  • Mapping Law & Development

    This paper presents an overview of the emergence and evolution of the concept and field of Law and Development. The concept of Law and Development covers a variety of aspects. These aspects acquire different meanings depending on different criteria and approaches. It depends on the geographical context, depends on the scope and meaning that is given to the concept of "development," and depends on whether a disciplinary or interdisciplinary approach is followed. The paper does not present the development of Law and Development as a historical sequence of stages or waves, but rather emphasizes simultaneity, cross-fertilization and dialogue, convergence and divergence, and hidden connections between approaches. It recognizes that there is no unique or "best" way to map and classify the var...

  • Evolution of the Sexuality Law in Cuba
  • Notes on Contributors
  • Shattering Chain When the Sovereign Will Not: Responsibility to Protect and the Use of Military Intervention to Stop Slavery

    As an emerging international norm that recognizes genocide as sufficient ground for circumventing the fundamental principle of sovereignty, which generally forbids humanitarian intervention, the Responsibility to Protect (R2P) should and does allow for the legal use of military intervention by the international community whenever a sovereign State and practicing, tolerating, or failing to eliminate slavery that is publicly and openly practiced. Intervention under these terms against a legally-institutionalized form of slavery is not only fully compatible with the present obligations of U.N. member States, including the permanent members of the U.N. Security Council, but demanded under the U.N. Charter Article 1, the Slavery Convention of 1926, the Universal Declaration of Human Rights,...

  • Use of Parliamentary Debates for Statutory Interpretation in England and India: A Comparative Judicial Critique

    This article demonstrates the utility of the Pepper v Hart rule in statutory construction. It critiques dominant judicial and extra-judicial views in England, which support the traditional "exclusionary rule" and are critical of the Pepper rule, after delineating the conceptual principles relating to the interpretation of statutes. It deconstructs and simplifies complex narratives in the dialectical debate centering on this issue, and indulges in a comparative case law analysis, with the scrutiny of judicial reasoning, regarding the judicially evolved rules by the highest courts in the U.K. and in India on permissibility and usage of Parliamentary Debates for statutory interpretation over the years. This article not only visualizes the contribution and application of the Pepper v Hart r...

  • Reflections on the Rule of Law upon Listening to President XI

    In recent years, the Chinese government has made significant rhetorical commitment to the rule of law. Many skeptical observers, however, doubt not only the current commitment but whether such notions as "rule of law" even could take root in China’s intellectual soil. A primary cause of this skepticism is a widespread perception that the long-dominant Confucian tradition rejected such an idea in favor of "rule by virtue." The position in this paper is that such skepticism misunderstands both the nature of the Chinese Confucian tradition’s position on law and what the concept of the rule of law actually entails. Clarifying a more effective understanding of the nature of law, what this article calls the "narrative"- jurisprudential model, and comparing that model to the Chinese tradition,...

  • Development in Law and Practice: Two Autonomous Domains?

    This article aims to bring into discussion the potential, and yet overlooked the normative contribution of the internationally declared right to development to address "development hazards" in domestic realities. Of particular interest is the examination of the distinctive principles of resource control, participation and distribution of benefits and their use as tools to combat negative impacts of a development project. For this purpose, the concept of "development hazards" is defined and explored in order to establish an analytical framework for the implementation of the right to development in national development process. Using insights from the case of agricultural modernization in Merauke, Papua, realizing the right to development in practice would mean to understand the dilemmas ...

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