Forms of Equality, Faces of Discrimination: CRPD Article 5, Article 12, and the Disability’s Difference Debate

2022 ◽  
pp. 107-125
Author(s):  
Leslie P. Francis
Keyword(s):  
Article 5

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Waldpolitischer Jahresrückblick 2010 | Annual review of swiss forest policy 2010

2011 ◽  
Vol 162 (5) ◽  
pp. 137-145 ◽  
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Conservation ◽  
Forest Policy ◽  
Value Added ◽  
Political Agenda ◽  
Annual Review ◽  
Forest Law ◽  
One Step ◽  
Climate Convention ◽  
Article 5

In 2010, there were no major forest policy issues that attracted media attention. The year 2010 was rather marked by the preparation of decisions “offstage” and by recurring administrative implementation activities. The partial revision of the forest law, which has been launched, can be regarded as special, because it is not a routine affair: the Committee for the Environment, Spatial Planning and Energy of the Council of States decided to revise particularly article 7 (compensation for deforestation) and article 10 (assessing forest status) of the forest law, and thus loosen the strict regime for forest conservation. Concerning the sectoral policies related to forest, the parliament took the law on spatial planning (RPG) one step further towards its revision. With the proposed revision of the spatial planning law's article 5 (value-added charge) a forest policy relevant article is now up for discussion. Different forest relevant topics on the international political agenda were discussed during the two international conferences on biodiversity and climate convention just as during the treatment of the alpine and the landscape convention. Next year the discussions will presumably be about the future forest conservation policy.

scholarly journals Do Parents Know Best?

2020 ◽  
Vol 28 (3) ◽  
pp. 613-631
Author(s):  
John Eekelaar
Keyword(s):  
Public Expenditure ◽  
Best Interests ◽  
Legal Aid ◽  
Rights Of The Child ◽  
The Law ◽  
Court Involvement ◽  
Best Interests Standard ◽  
Article 5 ◽  
Children's Interests

Abstract While Article 5 of the UN Convention on the Rights of the Child requires states to respect parents’ responsibilities to provide ‘appropriate’ direction and guidance to their children, Article 18 also proclaims that ‘the best interests of the child will be [the parents’] basic concern’. But how can this be done if, as is widely accepted, the “best interests” standard is too indeterminate safely to allow courts to substitute their assessment of children’s interests for those of a child’s parents? This reason for privatising such decisions has been reinforced by concerns over the extent of public expenditure on court involvement in and legal aid for such issues, with the possible result of withdrawal of the law from this process. This article argues that there are inherent risks in leaving the arrangements for children of separating parents entirely in the hands of the parents, and considers various ways in which such risks might be reduced.

Strengthening the Protection of Stateless Persons from Arbitrary Detention in Immigration Control Proceedings

2015 ◽  
Vol 17 (2-3) ◽  
pp. 273-286
Author(s):  
Matthew Seet
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Immigration Control ◽  
Article 5 ◽  
Stateless Person

There is a growing movement (globally and in Europe) addressing statelessness, and the July 2014 decision of Kim v Russia illustrates the role of the Strasbourg Court as a guardian of one of the most important fundamental rights of the ‘legally invisible’ in Europe. The court held that Russia’s two-year detention of a stateless person with a view to expulsion violated his right to liberty and security under Article 5(1) of the European Convention of Human Rights. This comment argues that Kim v Russia represents an important step forward by the Strasbourg Court in safeguarding the stateless person’s right to liberty and security of person under echr doctrine, by highlighting and addressing the special vulnerability of stateless persons to prolonged, indefinite and cyclical detention in immigration control proceedings, although the court should have gone further and indicated general measures explicitly recommending for Russia to introduce statelessness determination procedures.

Situation-Oriented Designation of the International Criminal Court’s Jurisdiction by Non-Member States

2021 ◽  
pp. 1-29
Author(s):  
Mohammad Hadi Zakerhossein
Keyword(s):  
Member State ◽  
Present Article ◽  
Rome Statute ◽  
International Criminal ◽  
Specific Situation ◽  
State Party ◽  
Member States ◽  
Rules Of Procedure ◽  
Article 5

Abstract Rule 44 of the icc Rules of Procedure and Evidence stipulates that non-state parties to the Rome Statute may accept the jurisdiction of the Court with respect to the crimes referred to in Article 5 of relevance to the situation by lodging a declaration under Article 12(3) of the Statute. The ending phrase of this provision gives rise to the speculation that a non-member state has a power to accept the Court’s jurisdiction in a partial way, namely over a specific situation. To examine this feasibility, the present article will: (i) explain the functions of the Article 12(3) mechanism; (ii) discuss the possibility of making a situational acceptance; and (iii) contemplate the meaning of the concept of situation. This article suggests that a non-state party can exclusively accept the Court’s jurisdiction over a specific situation, and that is a concrete crisis within a territory.

The 2019 NATO Summit in London in the context of Poland’s military security

2020 ◽  
Vol 18 (1) ◽  
pp. 43-59
Author(s):  
Łukasz Jureńczyk
Keyword(s):  
Positive Impact ◽  
Structural Realism ◽  
Defense Spending ◽  
Baltic States ◽  
Member States ◽  
Main Thesis ◽  
Military Security ◽  
The Baltic ◽  
Article 5

The paper provides reflections on NATO’s London Summit held on 3 and 4 December 2019 in the context of Poland’s military security. The paper is divided into an introduction, six sections, and a conclusion. The first section is devoted to issues of formation, functioning, and disintegration of alliances from the perspective of the theory of defensive structural realism and explains the methodological assumptions of the paper. The second section presents the atmosphere as prevailed before and during the Summit, which significantly impacted its process. The following sections are devoted to the main problems raised during the Summit from the perspective of Poland’s military security. The first involved the approval of Poland and the Baltic states’ defense plans together with a discussion on the danger of their blocking by the Turkish delegation. Another issue was the symbolic and practical confirmation of Article 5 of the Washington Treaty’s significance in the perspective of the approach to Russia’s threat. The next two problems concerned the level of Member States’ defense spending and the vision of strengthening the EU’s defense potential. The paper’s main thesis is that the decisions of the NATO Summit in London have had a positive impact on Poland’s military security. However, the climate and discussions that accompanied the Summit also brought a great deal of uncertainty and revealed a growing gap between allies concerning various issues.

scholarly journals Changing trends and emissions of hydrochlorofluorocarbons and their hydrofluorocarbon replacements

2016 ◽  
Author(s):  
Peter G. Simmonds ◽  
Matthew Rigby ◽  
Archibold McCulloch ◽  
Simon O'Doherty ◽  
Dickon Young ◽  
...  
Keyword(s):  
Growth Rates ◽  
Montreal Protocol ◽  
Hfc 134A ◽  
Production And Consumption ◽  
Ozone Depleting Substances ◽  
Phase Out ◽  
Article 5 ◽  
The Impact ◽  
Global Emissions

Abstract. High frequency, in situ global observations of HCFC-22 (CHClF2), HCFC-141b (CH3CCl2F), HCFC-142b (CH3CClF2) and HCFC-124 (CHClFCF3) and their main HFC replacements HFC-134a (CH2FCF3), HFC-125 (CHF2CF3), HFC-143a (CH3CF3), and HFC-32 (CH2F2) have been used to determine their changing global growth rates and emissions in response to the Montreal Protocol and its recent amendments. The 2007 adjustment to the Montreal Protocol required the accelerated phase-out of HCFCs with global production and consumption capped in 2013, to mitigate their environmental impact as both ozone depleting substances and important greenhouse gases. We find that this change has coincided with a reduction in global emissions of the four HCFCs with aggregated global emissions in 2015 of 444 ± 75 Gg/yr, in CO2 equivalent units (CO2 e) 0.75 ± 0.1 Gt/yr, compared with 483 ± 70 Gg/yr (0.82 ± 0.1 Gt/yr CO2 e) in 2010. (All quoted uncertainties in this paper are 1 sigma). About 80 % of the total HCFC atmospheric burden in 2015 is HCFC-22, where global HCFC emissions appear to have been relatively constant in spite of the 2013 cap on global production and consumption. We attribute this to a probable increase in production and consumption of HCFC-22 in Montreal Protocol Article 5 (developing) countries and the continuing release of HCFC-22 from the large banks which dominate HCFC global emissions. Conversely, the four HFCs all show increasing annual growth rates with aggregated global HFCs emissions in 2015 of 329 ± 70 Gg/yr (0.65 ± 0.12 Gt/yr CO2 e) compared to 2010 with 240 ± 50 Gg/yr (0.47 ± 0.08 Gt/yr CO2 e). As HCFCs are replaced by HFCs we investigate the impact of the shift to refrigerant blends which have lower global warming potentials (GWPs). We also note that emissions of HFC-125 and HFC-32 appear to have increased more rapidly during the 2011–2015 5-yr period compared to 2006–2010.

scholarly journals Kepastian Hukum Pendaftaran Persekutuan Komanditer Pada Sistem Administrasi Badan Usaha

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 536
Author(s):  
Dentria Cahya Sudarsa ◽  
I Wayan Parsa
Keyword(s):  
Business Administration ◽  
Legal Certainty ◽  
Legal Research ◽  
Administration System ◽  
Limited Partnership ◽  
Trade Law ◽  
General Law ◽  
Civil Union ◽  
Limited Partnerships ◽  
Article 5

The writing of this article is based on the issuance of new regulations regarding the establishment and registration of limited partnership / CV in the business administration system (SABU) in accordance with the provisions of Article 5 paragraph (1) Regulation of the Minister of Law and Human Rights Number 17 of 2018 concerning Registration of Limited Partnerships, Firms, and the Civil Union which previously was only regulated in the Trade Law Book. Type of research used in this article is normative legal research. The purpose of this article is to determine the mechanism and legal certainty in the registration of the Limited Partnership after the enactment of business administration system. The results of the research and writing of this article are that there is an overlap in the registration mechanism for the Limited Partnership based on these two rules, it can be concluded that due to the provisions in KUHD and Minister Regulation No. 17 of 2018 both are still valid, the principle of legal preference can be used, namely lex specialis derogat legi lex generalis, means that a more specific law can override a more general law. The advice that can be given is to conduct a study of the enactment of the Minister Regulation whether to follow or not the provisions in the Trade Law Books due to avoid conflicting norms in the registration of a limited partnership.

scholarly journals Menakar Independensi Hakim Pengadilan Pajak Pasca Putusan MK Nomor 10/PUU-XVIII/2020

2021 ◽  
Vol 17 (4) ◽  
pp. 879
Author(s):  
Ananthia Ayu Devitasari
Keyword(s):  
Judicial Power ◽  
Executive Power ◽  
Constitutional Court ◽  
Theory Approach ◽  
The Supreme Court ◽  
Deputy Chairman ◽  
Ministry Of Finance ◽  
Tax Court ◽  
Article 5 ◽  
Case Number

AbstrakIndependensi peradilan adalah fondasi utama terwujudnya keadilan dan kepastian hukum. Terkait diskursus independensi kekuasaan kehakiman tersebut, Mahkamah Konstitusi memutus Perkara Nomor 10/PUU-XVIII/2020 yang menguji pasal Pasal 5 ayat (2) dan Pasal 8 ayat (2) Undang-Undang Nomor 14 Tahun 2002 tentang Pengadilan Pajak. Para Pemohon menguji kewenangan pembinaan organisasi, administrasi, dan keuangan bagi Pengadilan Pajak dilakukan oleh Departemen Keuangan, kewenangan Menteri Keuangan untuk mengusulkan ketua dan wakil Ketua Pengadilan Pajak, serta ketiadaan batasan periodesasi jabatan ketua dan wakil ketua. Lebih lanjut, Mahkamah dalam amar putusan a quo menyatakan bahwa ““Ketua dan Wakil Ketua diangkat oleh Presiden yang dipilih dari dan oleh para Hakim yang selanjutnya diusulkan melalui Menteri dengan persetujuan Ketua Mahkamah Agung untuk 1 (satu) kali masa jabatan selama 5 (lima) tahun”. Berangkat dari latar belakang tersebut, kajian ini berusaha menganalisa independensi hakim pengadilan pajak pasca Putusan MK Nomor 10/PUU-XVIII/2020 dengan pendekatan teori independensi peradilan. Kajian ini menunjukkan Putusan Mahkamah tidak hanya mendukung independensi hakim badan peradilan pajak tetapi juga menarik garis demarkasi antara kekuasaan kehakiman dengan kekuasaan eksekutif.AbstractJudicial independence is the main foundation for the of justice and legal certainty. Regarding the discourse on the independence of judicial power, the Constitutional Court decided on Case Number 10 / PUU-XVIII / 2020 which examined Article 5 paragraph (2) and Article 8 paragraph (2) of Law Number 14 of 2002 concerning the Tax Court. The Petitioners challenged the authority of Ministry of Finance to develop the organization, administration and finance for the Tax Court, the authority of the Minister of Finance to propose the chairperson and deputy chairman of the Tax Court. Furthermore, the Court in its ruling states that "the Chairperson and Deputy Chairperson are appointed by the President who is elected from and by the Judges who are subsequently proposed through the Minister with the approval of the Chief Justice of the Supreme Court for 1 (one) term of office for 5 (five) years". This study examined the independence of the tax court judges after the Constitutional Court Decision Number 10 / PUU-XVIII / 2020 with independent judicial theory approach. This study showed that the Court's decision not only supports the independence of the tax court judges but also draws a demarcation line between judicial power and executive power. 

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