Indonesia

2019 ◽  
pp. 385-405
Author(s):  
Hikmahanto Juwana
Keyword(s):  
International Law ◽  
International Level ◽  
Pivotal Point ◽  
Indonesian Government ◽  
The Republic

This chapter looks at international law in Indonesia. From the beginning of its establishment as a state, alongside the formation of the Indonesian government, Indonesia has committed itself to participating on the international stage. Paragraph 4 of the Preamble of the Constitution of the Republic of Indonesia 1945 shows such commitment. Indonesia’s role in the Bandung Conference of 1955 is another pivotal point to consider since Indonesia was one of the initiators of the Conference. Nevertheless, the development of international law in Indonesia is not merely about the 1945 Constitution and the Bandung Conference. It is also about Indonesia advancing its interests at the international level and making its voice count. In doing so, however, Indonesia has not been free from politics. Indonesia uses international law as a political instrument to pursue its interests; and other countries likewise use international law to advance their interests towards Indonesia.

scholarly journals Scientific interpretations of offenses of falsification of evidence at international level and in the context of international law

2021 ◽  
pp. 232-240
Author(s):  
Marian Gherman ◽  
◽  
Eugeniu Piterschi ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Comparative Law ◽  
International Level ◽  
National Legislation ◽  
Republic Of Moldova ◽  
Scientific Approach ◽  
The Republic ◽  
Additional Rule ◽  
Normative Perspective

Comparative law is an essential branch of the literature that aims to conduct a multi-faceted investigation of some types of illicit acts at the international level. The crime of falsifying evidence from the international normative perspective, offers us the opportunity to analyze, systematize and address a new typical way or an additional rule for the Criminal Law of the Republic of Moldova. Therefore, in the present scientific approach we propose as an essential desideratum, the analysis of the antisocial actions of falsification of evidence at international level for a good systematization and adjustment of the national legislation.

A cooperação jurídica internacional penal no terrorismo

2020 ◽  
Author(s):  
Anaïs Eulalio Brasileiro
Keyword(s):  
International Law ◽  
Terrorist Attacks ◽  
International Level ◽  
Judicial Cooperation ◽  
Global Society ◽  
The Republic ◽  
International Conventions

In today's chaotic world, global society is faced with the the ever present threat of terrorism. To a large extent, terrorist attacks succeed in reaching most States, provoking fear and inciting terror through violence and threats. As a result, States seek efficient means of protecting and combating terrorism, using individual and collective strategies. In this sense, despite the fact that Brazil does not usually suffer terrorist attacks, the country has foreseen in the Constitution of the Republic the total repudiation of terrorism and assumes practical positions that demonstrate this positioning, having created an antiterrorism law and ratified international conventions regarding its confrontation. At the international level, in the area of extraterritoriality and transnational crimes, international judicial cooperation stands out as an essential mechanism capable of responding to the obstacles offered by terrorism, offering an alternative for States to respond collectively. In the realm of international law, this study defends the position that terrorism should be addressed with more flexibility than the guidelines the international judicial cooperation has agreed upon in other areas.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

The concept and basis of responsibility in international cargo transportation by sea

2021 ◽  
Vol 67 (06) ◽  
pp. 85-90
Author(s):  
Aytac İlham qızı Cəfərova ◽  
Keyword(s):  
International Law ◽  
Key Words ◽  
Prima Facie ◽  
Subject Area ◽  
Direct Impact ◽  
Main Subject ◽  
Legal Relationship ◽  
The Subject ◽  
Cargo Transportation ◽  
The Republic

The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

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