One-Stop Government in Italy and the Lebanon: When the Law Alone Is no Silver Bullet

The existence of Foreign Investment in Indonesia is very important and strategic in supporting the implementation of national economic development and increasing economic growth in the community. Foreign investment which is regulated in law No. 25 of 2007 about the legal protection for foreign investment in Indonesia, both investment in the form of a Limited Company (PT) or investment. This shows that foreigners in Indonesia who carry out their capital investment activities are regulated by law and protected by the government under the law. The formulation of the problem were how the position of the establishment of foreign investment companies in Indonesia was, what the procedures for the implementation of foreign investment in Indonesia were, and what efforts have been made by the government if there were violations of law in foreign investment in Indonesia. The results of the study showed every foreign company that wanted to invest in Indonesia had to get the principle permission to the Investment Coordinating Board (BKPM) and the One Stop Integrated Investment and Services Office (PTSP), so that the company could be established in Indonesia and its establishment was in accordance with the procedures of the law on foreign investment so that the foreign investment company was fully under the responsibility and supervision of the Republic of Indonesia. The government also gave relief to foreign investment in Indonesia in freeing the entry tax fees for goods or electronic equipment for foreign investment (PMA) in Indonesia in investing their capital.

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The Fight against isil in Syria. Comments on the Recent Discussion of the Right of Self-defence against Non-state Actors

Nordic Journal of International Law ◽

10.1163/15718107-08701003 ◽

2018 ◽

Vol 87 (1) ◽

pp. 1-25 ◽

Cited By ~ 1

Author(s):

Marja Lehto

Keyword(s):

Legal Theory ◽

State Violence ◽

Recent Discussion ◽

Fertile Ground ◽

State Actors ◽

The Law ◽

The Right ◽

Silver Bullet ◽

Self Defence

The legal debate on self-defence against non-state actors is still inconclusive after two decades. At the same time, it has created a fertile ground for attempts to find a silver bullet: a new legal theory that could bridge the conceptual gap between the law of the un Charter and the expanded notion of self-defence. The article gives an overview of the legal rationales presented in relation to the fight against isil in Syria as well as scholarly comments, focusing on the emerging doctrine of ‘unwilling or unable’. It argues that the ‘unwilling or unable’ test has little to offer as a solution to the problem of responding to massive non-state violence. It does not amount to a coherent doctrine, and is in many respects at odds with established interpretations of law. The apparent simplicity of the ‘unwilling or unable test’ may be politically attractive but makes it open to abuse.

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Part I The General Part, 7 Presumptions

10.1093/law/9780198755166.003.0007 ◽

2017 ◽

Author(s):

McMeel Gerard

Keyword(s):

Dispute Resolution ◽

Common Law ◽

One Stop ◽

General Part ◽

The Law

This chapter discusses statutory and common law presumptions. It first considers two statutory presumptions: the Law of Property Act 1925 and the Interpretation Act 1978. The chapter then shifts the analysis to several common law presumptions. First, it discusses the presumption that a contracting party cannot take advantage of its own wrong. Next, the chapter turns to the presumption that clear words are required to exclude or modify remedies that arise by operation of law. Finally, this chapter discusses further types of common law presumptions: the presumption of legality, the presumption against impossibility, the presumption of technical legal usage in documents drafted by lawyers, and the presumption in favour of one-stop dispute-resolution.

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An Environmental Lawyer's Fraught Quest for Legal Tools to Hold Back the Seas

Daedalus ◽

10.1162/daed_a_01818 ◽

2020 ◽

Vol 149 (4) ◽

pp. 79-95

Author(s):

Michael B. Gerrard

Keyword(s):

Climate Change ◽

Environmental Problems ◽

Principal Mechanism ◽

Local Officials ◽

The Law ◽

Silver Bullet ◽

The Way

The law is the principal mechanism by which society resolves disputes and implements policies. For more than forty years, I have worked to use the law to address environmental problems, initially by trying to stop projects that would increase pollution and harm communities. But there are limits to what the courts can do without explicit direction from legislatures. Climate change is a prime example. Some have seen litigation as a silver bullet, but at least so far that has not been the case. Elections matter more than lawsuits. Until and unless elections bring to power a president, a Congress, and local officials who will take the necessary measures, litigation is needed to inhibit those who will try to move backwards, spur on those with good intentions, help implement the policies set by wise Congresses past, and continue the quest for redress for victims. Well-crafted laws can also lead the way to solutions.

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The Oxford Guide to International Humanitarian Law

10.1093/law/9780198855309.001.0001 ◽

2020 ◽

Keyword(s):

International Humanitarian Law ◽

Criminal Prosecution ◽

Humanitarian Law ◽

Basic Principles ◽

Advanced Students ◽

One Stop ◽

Scope Of Application ◽

The Law ◽

The Relationship

International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. This book provides an authoritative and practical overview of this important area of law. The book covers the foundations of international humanitarian law, including its sources, scope of application, and provides an overview of the classification of conflicts and domains of warfare. Chapters then deal with traditional issues that arise in the application of this body of law, such as the basic principles of the conduct of hostilities, the fundamental guarantees provided by this body of law, as well the law relating to weapons, detention, and specifically protected persons. The book also considers the implementation of this body of law, including through criminal prosecution for war crimes. Finally, it addresses the relationship between international humanitarian law and modern challenges relating to protection of the environment, human rights, and terrorism. The book targets professionals, as well as advanced students, with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. It also serves as a first port of call, a one stop shop, and a regular reference work for those interested in international humanitarian law.

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No Silver Bullet For Poor Legal Writing Skills - Hard Lessons From the Front Lines in the Battle Against Academic Disadvantage in a South African Law School

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2018/v21i0a1368 ◽

2018 ◽

Vol 21 ◽

pp. 1-27

Author(s):

Angela Diane Crocker

Keyword(s):

Financial Incentives ◽

Writing Skills ◽

Legal Discourse ◽

Law School ◽

First Year ◽

Legal Analysis ◽

English Writing ◽

Legal Writing ◽

The Law ◽

Silver Bullet

Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of four years, in order to address this urgent need for legal writing instruction, the School of Law introduced two successive legal writing interventions. The first intervention was the Concise Writing Programme, followed by the Integrated Skills in Context Programme. The Concise Writing Programme focused on English writing skills and grammar, in the hope that first-year law students would be able to transfer these generic writing skills to the more specific legal discourse within which they were learning to operate. The Law School reviewed the success of this initial programme and found that students who took part in the programme not only lacked the motivation to learn generic English writing skills, but that they also did not find it easy to transfer these skills to the more specific legal writing environment. The Law School then implemented a second legal writing intervention – The Integrated Skills in Context Programme. This programme acknowledged the fact that legal writing has a multi-faceted nature, encompassing legal analysis and application, as well as logical sequencing and argument, all of which could not be taught in a vacuum, particularly when most of the student base was largely unfamiliar with any form of legal discourse and many had English as a second language. This paper recognises that there is no silver bullet to improving the legal writing skills of these students. The reality is that it will take hard work as well as financial incentives to make a difference to these students’ legal writing skills. Our students need intensive one-on-one attention by qualified academics, and this means that those doing the fighting must be recognised and adequately compensated.

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Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

Perspectives on Gerontology ◽

10.1044/gero20.3.72 ◽

2015 ◽

Vol 20 (3) ◽

pp. 72-84 ◽

Cited By ~ 2

Author(s):

Paula Leslie ◽

Mary Casper

Keyword(s):

Ethical Challenges ◽

Speech Language Pathology ◽

Thickened Liquids ◽

Communication Breakdown ◽

Professional Duty ◽

Language Pathology ◽

The Law ◽

Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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