The Binding Force of Economics

2022 ◽  
pp. 69-103
Author(s):  
Colin Harris ◽  
Andrew Myers ◽  
Christienne Briol ◽  
Sam Carlen
Keyword(s):  
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.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.


2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract


2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.


2006 ◽  
Vol 39 (6) ◽  
pp. 1159-1160 ◽  
Author(s):  
Paul G. Scott ◽  
Paul N. Bishop ◽  
Jordi Bella
Keyword(s):  

1950 ◽  
Vol 12 (3) ◽  
pp. 341-362
Author(s):  
Robert F. Byrnes

The principal obstacle to the success of Edouard Drumont's campaign against the Jews in France following the enormous success of La France juive in 1886 was his inability to elaborate a program which could tie effectively “the revolutionary worker and the conservative Christian.” Antisemitism served as a binding force, but Drumont was not so successful in his use of that weapon as Hitler later was in Germany. Most French Socialists by 1891 or 1892 had clearly rejected antisemitism, and by 1892 as well many conservatives had become frightened by the apparent radical aims of the antisemitic campaign. Even those Catholics who were still supporters of Drumont when Captain Dreyfus was arrested in 1894 were followers of Drumont only because no other party or group could attract them.


2005 ◽  
Vol 38 (3) ◽  
pp. 433-443 ◽  
Author(s):  
Simone Vesentini ◽  
Alberto Redaelli ◽  
Franco M. Montevecchi

2009 ◽  
Author(s):  
Ming-Tzo Wei ◽  
Jack Ng ◽  
C. T. Chan ◽  
H. Daniel Ou-Yang

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