Escaping from Law, Appealing to it

Author(s):  
Jerneja Penca

Penca examines the International Rights of Nature Tribunal (IRNT), exploring how and why the language and concept of an international tribunal is used. The aim of the chapter is to describe the endeavour aiming at legal authority, as an empirical fact, and flag some of the issues deserving of wider theoretical and practical study. The claim being made is that the disputes contemplated by the IRNT (which consist of disputes that fail to reach courts as well as those that are dissatisfied with the judicial rulings) constitute a valuable critique of where the existing international judiciary fails.

Author(s):  
Manuela L. Picq

It is extremely dangerous to resist extractive megaprojects in Latin America. The intensive accumulation of natural resources for export on global markets has long characterized Latin America, but the boom in exports of raw commodities since 2000 has accentuated a violent history of dispossession. As of 2020, Latin America represents 60% of nature defenders killed in the world. Governments license natural resources at unprecedented rates, pushing land- and water-grabbing to new levels. Resistance against mining, oil, hydroelectric, and agribusiness projects is framed as antidevelopment and repressed with brutal violence. Governments are expanding the extractive frontier fast, promoting megaprojects in the name of national development or to fund social policies, a so-called redistributive neo-extractivism. This extractive consensus has increased social conflict across the region; but it has also inspired new forms of resistance. Resistance, which is mostly Indigenous and largely female, is a political struggle against extractive industries that represent ongoing forms of colonial dispossession. Resistance against extractivism focuses on the defense of nature as much as on rights to self-determination, a central element to shape a postextractive world. Ecuador is a case in point. The country recognizes international rights to prior consultation and established the first rights of nature framework in the world, yet it criminalizes nature defenders as it continues to expand the extractive frontier. The emerging rights of nature framework, like mining bans, are alternatives to extractivism that offer insights into experiences of resistance in the highlands of Ecuador. The Rio Blanco mine, an iconic megaproject financed by China, was suspended in 2018 thanks to a solid network of resistance that secured a broad mobilization of rural communities and urban youth, lawyers and academics, blending street protest with legal action. The Rio Blanco case shows the complementarity of various strategies, the potential of courts as allies, and the powerful coordination between social movements and government to contest structural dispossession.


ADALAH ◽  
2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Achmad Danial

AbstractThe appearance of 'Empty Box' in the dictionary of democracy initially connotes well, because it is considered to provide room for other options if a contest is decided by only one candidate. However, in the empirical fact, there are policies in the technical realm that are far from the essence of democracy, the mistake is in one of the articles in Law Number 10 of 2016. Supposedly, from concept to theory must remain consistent with the normative values that have been contained in democracy itself.Keywords: Democracy, Empty Box, Law No.10 of 2016 AbstrakKemunculan ‘Kotak Kosong” dalam kamus demokrasi awalnya dikonotasikan secara baik, karena dianggap memberikan ruang bagi opsi lain jika suatu kontestasi diputuskan hanya satu calon. Akan tetapi, dalam fakta empiriknya terdapat kebijakan di ranah teknis yang ternyata jauh dari nilai esensi demokrasi, kekeliruan itu ada pada salah satu pasal dalam Undang-Undang Nomor 10 Tahun 2016. Seharusnya, mulai dari konsep sampai teori harus tetap konsisten pada nilai normatif yang telah terkandung dalam demokrasi itu sendiri.Kata Kunci: Demokrasi, Kotak Kosong, UU No.10 Tahun 2016


2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.


2001 ◽  
Vol 29 (2) ◽  
pp. 241-272 ◽  
Author(s):  
Anthony Dillon
Keyword(s):  

‘Lawyers are not disposed to look behind the immediate constitutional framework to the ultimate sources of legal authority’: Lord Lloyd, The Idea of Law (1987) 173.


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