24 UNCLOS Dispute Settlement Regime and Arctic Legal Issues

2016 ◽  
pp. 571-592
2021 ◽  
pp. 47-49
Author(s):  
Sanjith Chandrashekar

For his bold declaration that international law is not "true law" since there is no sovereign, John Austin has been extensively attacked and praised in equal measure. According to Austin, the concept of law is, “Law is a command of the sovereign backed by a sanction.” This study investigates Austin's viewpoint and evaluates it in light of current legal systems, present international law, modern Indian laws, and the analysis of legal issues in the treaty law. While Austin's viewpoint was correct in terms of the legal systems of his day, it cannot be applied to the current international, and Indian legal system


1998 ◽  
Vol 3 (2) ◽  
pp. 197-219 ◽  
Author(s):  
TAIMOON STEWART

The use of trade measures for environmental purposes has given rise to a series of economic and legal issues. These are explored in the paper through an examination of the United States embargo on imports of shrimp from several countries for environmental reasons, currently being considered by a WTO dispute settlement panel. The paper examines the effect on competitiveness of compliance with the higher standard imposed by the US, the appropriateness of universalizing those standards, and whether the US action is consistent with WTO rules. The major findings are that, in the case of Trinidad, (a) the competitiveness of the affected fishermen was reduced, (b) the US regulation was inappropriate to the conditions which prevailed in the shrimp industry there, and (c) the US action was WTO inconsistent given current interpretation of WTO rules. The paper anticipates that the current case could lead to a review of WTO rules, in favour of the environment.


2019 ◽  
Vol 5 (2) ◽  
pp. 220
Author(s):  
Maskun Maskun ◽  
Achmad Achmad ◽  
Naswar Naswar ◽  
Fauziah P. Bakti ◽  
Amaliyah Amaliyah

Cross-border transactions have always attracted legal risks. Cross-border legal issues are emerging as a separate area of commercial risk that needs to be more precisely identified and better managed. Many cases of injury to multinational companies which would formerly have been pursued as a diplomatic claim by the nation state of the company are now resolved by arbitration between the company and the respondent state. Arbitration is one of dispute settlement bodies to resolve some issues particular trade, business, investment, and financial issues. Those issues are shaping the range and significance of the cross-border legal issue. Those issues also become a crucial issue to be dealt with the arbitral institution. The reason why the parties of contract choose arbitration is because of the place of arbitration, neutrality, confidentiality, cost and speed, recognition and enforcement of arbitral awards, refusing of arbitral awards, a model of arbitration, and arbitration institution. Those reasons are assumed also to be enacted in Indonesian arbitration practice and in the Islamic law.


2019 ◽  
Vol 7 (2) ◽  
pp. 219
Author(s):  
M. Rangga Yusuf ◽  
Hernawan Hadi

<p>Abstract<br />This article aims to examine the legal issues and to find out the the law enforcement of  Geographical Indication dispute settlement. The method for this research is empirical law research (sociology/non-doctrinal). The descriptive research category and object of this research in Farmers Group of Bina Sejahtera and Association of Geographical Indication Protector of  Kopi Arabika Java Sindoro-Sumbing is analyzed by interviewing the law effectiveness action  and also using qualitative analysis approach. The result of this research shows that the law protection for Kopi Arabika Java Sindoro-Sumbing’s Geographical Indication has given the right and protection for it. Based on juridical aspect it has been regulated in Law Number 20 of 2016 about trademark and Geographical Indication Jo. Government Regulation Number 51 of 2007 about Geographical Indication. Yet in the practical fact those laws have not work as they should be. Due to many violations of the using of Geographical Indication right and also the violation cases settlement that hasn’t been continued. So that, the law enforcement is needed to solve the settlement on Geographical Indication violations, either with litigation or non-litigation.<br />Key Words: Law Protection; Geographical Indication; Kopi Arabika Java Sindoro-Sumbing.</p><p>Abstrak<br />Artikel ini bertujuan mengkaji isu hukum dan untuk mengetahui upaya hukum penyelesaian  sengketa dibidang Indikasi Geografis. Metode penelitian yang digunakan adalah penelitian hukum empiris (sosiologis/ non doktrinal). Sifat penelitian deskriptif dan obyek penelitian di Kelompok Tani Kopi Bina Sejahtera dan Masyarakat Pelindung Indikasi Geografis Kopi Arabika Java Sindor-Sumbing dilakukan dengan wawancara terhadap efektivitas hukum dan pendekatan<br />analisis kualitatif. Hasil penelitian ini diketahui bahwa bentuk perlindungan hukum Indikasi Geografis Kopi Arabika Java Sindoro-Sumbing secara yuridis telah diatur melalui UndangUndang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis Jo. Peraturan Pemerintah Nomor 51 Tahun 2007 tentang Indikasi Geografis. namun dalam prakteknya perlindungan tidak berjalan sebagaimana mestinya. Karna masih terjadinya bentuk pelanggaran penggunaan tanpa hak tanda Indikasi Geografis dan masih terdapat kasus pelanggaran yang belum ditindaklanjuti dalam penyelesaiaanya. Sehingga diperlukan upaya hukum untuk menyelesaikan sengketa atas pelanggaran Indikasi Geografis baik secara non litigasi dan litigasi.<br />Kata Kunci: Perlindungan hukum; Indikasi Geografis; Kopi Arabika Java Sindoro-Sumbing.</p>


2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Muhammad Maksum

Legal Breakthrough and Obstacles. The ratification of Law No.20/2011 regarding flats has led us to a legal breakthrough particularly on the merger opportunity between waqf and flats. Such opportunity offers legal distinctive solution such as owning the flats based on the Right to Ownership of Buildings Title (Sertifikat Kepemilikan Bangunan Gedung/SKBG) and the imposition of collateral in fiduciary. On the other hand, this law also brings out legal issues related to the rights and responsibilities of the parties in the lease contract or the cooperation between the waqf supervisor and the manager of the buildings and the tug-of-war concerning the dispute settlement authority between general and syariah courts. DOI: 10.15408/ajis.v17i1.6229


Author(s):  
M. R. Yusbashyan

Introduction.International space law (“ISL”) does not provide a specialized coherent system of dispute settlement (“SCSDS”). Up to now the ab­sence of such a system has had no negative impact on development of either ISL, or space activity (“SA”), however this fact does not exclude the necessity of elaboration of SCSDS. The article analyzes factors potentially influencing increase in the number of space related disputes, methods of “risk manage­ment” of occurrence of disputes, as well as existing general and sectoral dispute resolution mechanisms applicable to space activities within the context of specific features of ISL.  Materials and methods.The theoretical back­ground of this research consists of works of distin­guished scholars and specialists in ISL as well as ma­terials of diverse conferences on ISL. The analytical framework includes the UN Charter, the UN treaties on outer space, relevant UN GA resolutions, as well as the Permanent Court of Arbitration optional rules of 1997 and 2011. The research is based on methods such as formal logic, including analysis, synthesis, analogy and modeling, as well as systematic, com­parative and interpretation.  Results.Following the analysis, it is found that: 1) specific features of ISL, including the existence of unsettled legal issues, as well as the trends in the SA development directly impact the increase in risks of occurrence of international disputes; 2) although specific features of responsibility and liability in ISL can impact the increase in the number of disputes, on the one hand, on the other – cumulatively they contribute to prevention of potential disputes; 3) at the present stage effective application and potential combination of the existing means of dispute resolu­tion may lead to finding of new means that might be able to fill in the legal vacuum created by the absence of SCSDS in ISL.  Discussions and conclusion.To reduce risks of dispute occurrence and effective resolution of the existing disputes the following conclusions and rec­ommendations are provided on: 1) the primary ne­cessity of regulation of the unsettled issues of ISL; 2) the determination of methods of “risk management” of the dispute occurrence in the context of the specific features of ISL; 3) the use of the PCA dispute reso­lution system that allows taking into account both the specific features of the contemporary SA and the necessity of its coherent legal regulation, as well as effectively using and combining diverse means of dispute resolution, in particular, establishment of fact-finding commissions of inquiry; 4) in the longer term – the necessity of establishment of SCSDS on a treaty basis.


2014 ◽  
Vol 26 (1) ◽  
pp. 170
Author(s):  
Norma Sari

The rise of the internet-based medical consultation has opened not only opportunities for consumers easily obtaining medical services but also put them at risk for mistreatment, misunderstanding or taking a wrong medication to be anticipated. This research concerns on how the internet-based medical consultation affects to the health and safety of the consumers. There are several identified legal issues have to be paid attention as follow: (i) the benefit and shortcoming of using internet-based medical consultation, (ii) inter-related and overlapped interest of the parties, (iii) consumer health and safety, (iv) consumer rights, and (v) dispute settlement. Pertumbuhan konsultasi pengobatan berbasis internet telah membuka peluang tidak hanya bagi konsumen. Kemudahan mendapatkan pelayanan medis tetapi juga menempatkan mereka pada risiko kesalahan perawatan, kesalahpahaman atau kesalahan dalam pemberian obat sehingga hal ini harus diantisipasi. Penelitian ini menjelaskan mengenai konsultasi pengobatan berbasis internet yang mempengaruhi kesehatan dan keselamatan konsumen. Ada beberapa masalah hukum yang harus diperhatikan dan diidentifikasi menjadi sebagai berikut, yakni: (i) manfaat dan kelemahan menggunakan konsultasi pengobatan berbasis internet, (ii) hubungan dan tumpang tindih kepentingan para pihak, (iii) kesehatan dan keselamatan konsumen, (iv) hak-hak konsumen, dan (v) penyelesaian sengketa.


2017 ◽  
Vol 20 (1) ◽  
pp. 535-601
Author(s):  
Pablo Agustín Alonso

The grounds for disqualification of arbitrators provided by most arbitration rules refer to the relationships of arbitrators with the parties or the subject matter of the dispute – i.e., issue conflicts. However, some of those rules used to be vague or unclear, which resulted in incomplete arbitrators’ disclosures, unfunded challenge requests and awards that lacked homogeneity. Following a case-study research method, the paper focuses on the ICSID investor-State dispute settlement mechanism. It analyses and compares the ICSID Convention and Arbitration Rules, the UNCITRAL Arbitration Rules and the IBA Guidelines on Conflicts of Interest in light of challenge awards. The paper stresses the relevance of arbitrators’ disclosure duty and the importance of clearly defining the scope and content of ‘impartiality’ and ‘independence’ as a guidance for parties and deciding authorities when raising or deciding upon a challenge request. In particular, the study aims to show how international investment arbitrations deal with issue conflicts as grounds for disqualification, by analyzing their main causes: multiple appointments of arbitrators, similar legal issues to be decided and permission to serve both as counsel and arbitrator.


2012 ◽  
Vol 468-471 ◽  
pp. 1495-1500
Author(s):  
Jun Chen ◽  
Dong Wei Yu

Emergency dispute settlement mechanism, an important part of the legal system dealing with unexpected events, is facing new challenges from the increasing medical emergencies in recent years. The existing litigation system is increasingly inadequate in dealing with current medical emergencies. This paper analyzes the deficiencies of current dispute resolution mechanism in dealing with medical emergencies. Combined with the legal attributes and importance of medical law, this paper proposes a plan to establish medical legal proceeding mechanisms and supporting programs, which is to utilize specialized medical court arbitration system to resolve legal issues involving medical emergencies.


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