Hasil untuk "Law of nations"

United Nations Conference, Roberto Saba

1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ARTICLE 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. ARTICLE 3. Everyone has the right to life, liberty and security of person. ARTICLE 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. ARTICLE 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. ARTICLE 6. Everyone has the right to recognition everywhere as a person before the law. ARTICLE 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. ARTICLE 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. ARTICLE 9. No one shall be subjected to arbitrary arrest, detention or exile. ARTICLE 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. ARTICLE 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. ARTICLE 12. No one shall be …

S. Kuznets

RMHD

Yusep Ginanjar, Putri Auliya

To analyzes Southeast Asia's governance systems and makes policy recommendations to enhance practices in the domain of governance The paper discusses the governance and growth nexus in Southeast Asia; describes the operating governance systems in Southeast Asia; examines economic governance, specifically in the areas of economic management and growth, revenue generation, social spending, access to services, cost of doing business, and corporate governance; and examines political governance, with a focus on the rule of law and judicial systems. To maintain the pace for broad-based prosperity, Southeast Asian nations must build and improve transparency and accountability systems in both the public and private sectors, regardless of degree of development. They must also increase the budgetary sovereignty of their subnational divisions and provide greater opportunity for civil society engagement. Strong law enforcement procedures, as well as more responsive and streamlined regulatory frameworks, are required. For data collection methods use descriptive analysis, which is based on literature studies. This literature study itself is sourced from several journals and books related to the government system of ASEAN countries. To analyzes Southeast Asia's governance systems and makes policy recommendations to enhance practices in the domain of governance The paper discusses the governance and growth nexus in Southeast Asia; describes the operating governance systems in Southeast Asia; examines economic governance, specifically in the areas of economic management and growth, revenue generation, social spending, access to services, cost of doing business, and corporate governance; and examines political governance, with a focus on the rule of law and judicial systems. To maintain the pace for broad-based prosperity, Southeast Asian nations must build and improve transparency and accountability systems in both the public and private sectors, regardless of degree of development. They must also increase the budgetary sovereignty of their subnational divisions and provide greater opportunity for civil society engagement. Strong law enforcement procedures, as well as more responsive and streamlined regulatory frameworks, are required. For data collection methods use descriptive analysis, which is based on literature studies. This literature study itself is sourced from several journals and books related to the government system of ASEAN countries.

Carmen Hein de Campos, Ricardo Oliveira Rotondano

A educação jurídica popular promovida pelos movimentos sociais há quase cinco décadas forjou-se como resistência política e epistêmica ao conhecimento jurídico excludente. A partir de duas experiências de educação jurídica popular (Promotoras Legais Populares e Juristas Populares), demonstramos que a democratização do conhecimento é um poderoso instrumento para o empoderamento pessoal, coletivo e da vida comunitária, instrumentando o acesso à justiça para a população vulnerabilizada. O presente trabalho realiza pesquisa-ação de cunho qualitativa, a partir de metodologia hipotético-dedutiva, mediante as técnicas de pesquisa histórica, bibliográfica e comparativa.

B. Santos

Bambang Slamet Riyadi

The cultural anatomy of abuse of power in Indonesia from the perspective of criminology and law impacts deviant actions not only in the depressions of power and moral behavior of public officials. In fact, many public officials abuse of power is performed by being corrupt or punished, even by severe law, even the perpetrators of power abuses continue corruption or it can be seen that there is no clear effects for corruptors. However, it is a wrong system in the life of nation and state, when public officials who depart from the people do not have a view of life as a nation and state as they should. Therefore, according to the views and suggestions of the author, this nation and country need to return to a system of joints of the life of the nation and state of Indonesia, that is carrying out the points of practice and appreciation of the precepts of the Pancasila with the truth not just mere rhetoric, because the state ideology of Pancasila has been built since the country was founded by the founding father.

Yuri Tornero Cruzatt, Carlos Morales Cerrón

El objetivo de este artículo es explicar los antecedentes del texto de la Constitución de 1823 por medio de la formación del Estado republicano. El primer apartado desarrolla los orígenes del Estado y del derecho republicano peruano, se explica brevemente el paso de la tradición jurídica española al derecho republicano. El segundo apartado trata sobre el protectorado de San Martín y las primeras reformas institucionales, se explica la jura y la proclamación de la independencia, otros sucesos vinculados a ello, y, además, sobre los primeros derechos ciudadanos; este apartado incluye el fracaso del proyecto monárquico. Finalmente, se explica acerca de los preparativos para la dación de la Constitución de 1823.

Vinicius Melleu Cione

Este artículo tiene como objetivo discutir la concepción jurídica y estratégica de la Constitución del Perú de 1826, escrita por Simón Bolívar. Tras una introducción en la que la independencia de América española se sitúa históricamente en el marco de las revoluciones políticas de finales del siglo XVIII y principios del XIX, se discuten las diferencias entre la Constitución de Venezuela de 1819 y la del Perú de 1826. El foco está entonces en los detalles del contexto histórico del Perú en el momento de su independencia y la justificación de la ideología centralista que presente en esta última pieza constitucional.

Muhammad Nasir Sitompul, Ariman Sitompul

The abuse of illegal drugs is a threat to the sovereignty of the nation and the state of drug eradication requires the role of all parties to narrow the movement of drug dealers who are still trying to market the illicit goods in indonesia. The regulation on narcotics crime and death penalty is very important in regulating the law for the perpetrators of narcotics crime for the sake of national and state sovereignty.In Indonesia today, the imposition of criminal sanctions in the form of a death penalty by a judge for perpetrators of narcotics is one of the policies adopted in Law No. 35 of 2009 on narcotics and cannot be separated from the criminal law norms adopted by the criminal law so far, for example in Article 10 of the Criminal Code. Another thing in the other world is that there is a significant development of narcotics users by taking depenalization actions against users that aim to replace prison sanctions that are sometimes applied to other criminal sanctions such as Social Work sanctions. The research method used is juridical empirical meaning is to identify and conceptualize the law as a real and functional social institution in a patterned living system.

Rasidah Mohd‐Rashid, Waqas Mehmood, C. Ooi et al.

Purpose Rule of law is essential in reducing corruption in a country. This study aims to investigate the factors contributing to corruption in 41 of the most competitive countries in the Asia-Pacific region by focusing on judicial effectiveness, property rights and government integrity. The moderating role of regulatory quality was also considered in the attempt to explain the association among rule of law and corruption. Design/methodology/approach This study used pooled ordinary least squares regression and generalized method of moments-dynamic panel for the robustness test on data of 41 Asia-Pacific countries spanning from 2013 to 2021. Findings Property rights and government integrity were found to be negatively significant in explaining corruption. In contrast, the interaction between rule of law and regulatory quality had a significant positive association with corruption. The findings bring to light Asia-Pacific countries’ need for more effective control of corruption. Practical implications The authorities should work towards enhancing the countries’ image as corruption-free nations by creating a stable economic and political environment and preserving macroeconomic stability through strengthened rule of law. Originality/value Previous research looked at The Association of Southeast Asian Nations and South Asian countries, but little attention was given to Asia-Pacific countries in examining the relationship between rule of law and corruption.

Muhammad Kamal

The relocation of the nation's capital city has been a dream for a long time, but it was only realized after 77 years of Indonesia's independence through Law No. 3 of 2022 concerning the State Capital (IKN Law). Nevertheless, the policy needs to be studied, considering that the current capital relocation will be carried out in the midst of various domestic polemics, as well as global issues such as inflation and the weakening of the global economy after COVID-19, as well as the war between Russia and Ukraine. This study uses a socio-legal research method by combining an interdisciplinary approach between normative studies and economic studies through an analysis of opportunities, threats, strengths, and weaknesses (SWOT). The findings reveal that, from a law perspective, the policy of the new capital city in the IKN Law is an obligation that must be carried out by the government, regardless of who will serve in the future. However, there are several notes to the IKN Law that are not yet in line with the principles of legislation. Meanwhile, from an economic perspective, the IKN policy is indeed based on the ideals of economic equity and sustainability, but financial factors, foreign debt, and global inflation are still a serious threat to the sustainability of the current New capital city policy and for the next few years.

Yordan Gunawan, Dwilani Irrynta, Caterina García Segura et al.

Chinese fishing vessels and maritime militias were found in Philippine waters on April 12, 2021. Diplomatic protests raised by the Philippines have been ignored by China, which still claims most of the South China Sea, although in 2016 The Permanent Court of Arbitration at The Hague under Annex VII of the United Nations (UN) Convention on the Law of the Sea (UNCLOS), ruled that such a claim is inconsistent with international law. In the article, the authors use a normative research method and a comprehensive literature review in which sources are obtained from secondary data. The results show that China violates the tribunal ruling by infringing the sovereign rights of the Philippines’ Exclusive Economic Zone (EEZ). For the avoidance and prevention of further issues between the two states, the establishment of a Provisional Measures Zone (PMZ) may be used as a settlement.

A. Bedner, Yance Arizona

At present the contestation of the Indonesian state’s dispossessory policies regarding land and other natural resources is dominated by a discourse based on adat. This situation is reminiscent of the colonial period, when invoking adat was a relatively effective means of protecting Indonesians from losing their land to plantation companies supported by the Netherlands–Indies government. However, adat lost its traction when Indonesia became independent and the new state started to vigorously pursue nation building and economic expansion. Only after the end of the New Order in 1998 did civil society groups revive the adat defence against dispossession. This article analyses current debates and developments concerning the place of adat in national land law and its potential for protecting communities against dispossession of their land by the Indonesian state. We argue that the promotion of adat has produced few concrete results and that it is unlikely to be more successful for this purpose in the future. Given Indonesia’s current social and political realities, any land rights strategy for protecting people against dispossession that is based on indigeneity is problematic, and alternative approaches are needed.

Noriyuki Katagiri

In this article, I investigate why international law and norms have failed to keep cyberspace peaceful. The problem comes mainly from their failure to address what non-state actors, such as individual hackers and technology firms, do in cyberspace. Created by the extensive input of government officials decades ago with heavy focus on states as primary actors of international politics, international law is incoherent with the dominance of non-state actors as de facto operators of cyberspace. The critical problem shared by international law and institutions of having no “teeth” to penalize non-state violence extends to cyberspace. As a result, noncompliance with international law has become practical, and it has even bolstered the private sector, especially major technology firms, to assert themselves in the legal void, leverage their digital products to reshape norms, and become norm entrepreneurs in the business of digital defense. However, the multiplication of norm entrepreneurs has accelerated in an uncoordinated manner, and the way they built their interests does not neatly align with those of the states. While some norms of cyberspace behavior have been accepted, many others remain contested. In the meantime, norm discourse in diplomatic venues, including in multilateral debates at the United Nations, has become highly undemocratic, dominated by a small mix of great powers and active middle powers that are also split over what norms should guide state and nonstate behaviors.

E. A. Arkhipova, V. N. Dodonov

INTRODUCTION. Based on the analysis of international acts, as well as the practice of their application, the authors consider the international legal problems of interaction in the detection, investigation and prevention of crimes committed using information and telecommunication networks and in the field of computer information.MATERIALS AND METHODS. The materials for the study include the Agreement on cooperation of the CIS member States in the fight against crimes in the field of computer information of June 1, 2001, the Agreement on cooperation of the CIS member States in the fight against crimes in the field of information technology of September 28, 2018, as well as other international legal documents in this area. The paper uses comparative, comparative-historical and other scientific methods of research, general and particular ones.RESEARCH RESULTS. The result of the study is a general assessment of the state of the international legal framework for the interaction of countries in the detection, investigation and prevention of crimes in the information and telecommunication sector, as well as an analysis of the part of it that has legal force for the Russian Federation. The structure, problems and directions of development of international legal regulation in this area are revealed.DISCUSSION AND CONCLUSIONS. Based on the problematic analysis of the current experience of international legal regulation of cooperation in the fight against crimes committed using information and telecommunication networks and in the field of computer information, the authors concluded that the existing international legal framework for such cooperation is insuffi ent and needs to be improved both at the universal and regional level.

Gonzalo Santiago Campos

El autor realiza un análisis de la situación del Poder Judicial durante la vigencia de las Bases Orgánicas de la República Mexicana de 1843, documento constitucional conocido simplemente como Bases Orgánicas; principalmente explica su integración y funcionamiento, y la del tribunal encargado de juzgar a los miembros de la Suprema Corte de Justicia. Además, revisa la forma en que las Bases Orgánicas reglamentaron la organización de los tribunales superiores de los departamentos en que se dividía la República.

M. Oppermann

E V Kiseleva

The facts about the subject of legal regulation constitute an essential prerequisite for the creation of legal norms, including norms of international law. Lack of reliable data or their distortion leads to norm-creation, which is inadequate to life, and, thus, to inefficient legal regulation. Critical significance of the evidence base in the field of international legal regulation of migration is stressed in numerous international legal instruments. Creating and maintaining the evidence base on migration issues is carried out within the United Nations system, as well as in other international intergovernmental organizations, e.g. of regional level. Despite considerable efforts by the international community in this direction, in the collection, aggregation and use of statistical data on migration there is an imbalance between different countries and regions in terms of availability of the data. Crucial character bears the imbalance between developed and developing countries in this respect, as the differences between the two groups of states exists also in the specifics of participation in migration processes. Moreover, there is no comparative information on institutional capacities and needs (which states what data collect). Specific information about capacity-building in collecting and gathering data is not available to the public (e.g. to what states who and what kind of assistance provided to build capacity of gathering, maintaining and expanding the migration statistics). The article presents a brief of existing law and the international legal framework of international migration statistics and of the problem field of international migration statistics from the point of its impact on norm-creation in international legal regulation of migration.

Peng Ge, Xiang Wang, Yang Li et al.

We propose a reflective optics design for an LED motorbike high beam lamp. We set the measuring screen as an elliptical zone and divide it into many small lattices and divide the spatial angle of the LED source into many parts and make relationships between them. According to the conservation law of energy and the Snell’s law, the reflector is generated by freeform optics design method. Then the optical system is simulated by Monte Carlo method using ASAP software. Light pattern of simulation could meet the standard. The high beam headlamp is finally fabricated and assembled into a physical object. Experiment results can fully comply with United Nations Economic Commission for Europe (ECE) vehicle regulations R113 revision 2 (Class C).