Unfulfilled Justice

2021 ◽  
Vol 16 (2) ◽  
pp. 30-59
Author(s):  
Tu Phuong Nguyen
Keyword(s):  
Moral Responsibility ◽  
Dispute Resolution ◽  
Social Insurance ◽  
Legal Rights ◽  
Labor Dispute ◽  
Insurance Benefits ◽  
Legal Challenges ◽  
The Law

Through a case study of workers’ protests to demand owed wages and social insurance benefits after foreign management had suddenly fled the country, this article discusses the moral and legal dynamics of labor dispute resolution in Vietnam. It examines the local government’s use of extralegal measures, which combine a tactical deployment of the law and moral responsibility, in brokering a resolution. The article argues that these measures, while aimed at addressing the legal challenges of supporting affected workers in the event of these so-called “cicada practices,” are limited in satisfying workers’ demands for justice as workers struggle to claim their legal rights and overcome their precariousness.

scholarly journals Advancing Online Dispute Resolution in Nigeria: Current Opportunities, Legal Challenges and the Ways Forward

2021 ◽  
Vol 11 (2) ◽  
pp. 407-431
Author(s):  
Mujib Akanni Jimoh
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Online Dispute Resolution ◽  
Territorial Jurisdiction ◽  
Legal Challenges ◽  
Legitimate Concern ◽  
The Law ◽  
Court Hearing

The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in other jurisdictions.

scholarly journals Legal Review of the Phenomenon of Communities Occupying Land That AlreadyHave Certificate of Property Rights (Case Study of South Ternate City District)

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Ishak Raja ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Dispute Resolution ◽  
Social Life ◽  
City Government ◽  
Legal Rights ◽  
Legal Certainty ◽  
Final Solution ◽  
City District

The research aims to find out what phenomena affect the community occupying land that already has a Certificate of Ownership without going through a process of legal rights under the law and how the settlement process for land objects occupied by the community already has a Certificate of Ownership. The results of this research indicate that legal awareness, law-conscious culture, and law-abiding in social life, various people's perspectives on the land they occupy. After the certificate issuance is not accompanied by socialization by SHM holders, publications. Law enforcement efforts do not exist with the Ternate City Government and the Ternate City Land Agency, because it exists in other institutions. Persuasive approach, deliberation, mediation as a solution to the dispute resolution over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, interpretation of the evidence of ownership of the parties to the dispute failed amicably, the final solution to the dispute over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, through judicial efforts to obtain legal certainty for SHM owners, and people who occupy certified land.

scholarly journals Labor Dispute Resolution and Migrant Workers’ Legal Rights Protection in China

2020 ◽  
Vol 02 (01) ◽  
pp. 2050004
Author(s):  
Jieren Hu ◽  
Daniel Martin
Keyword(s):  
Dispute Resolution ◽  
Migrant Workers ◽  
Formal System ◽  
Legal Rights ◽  
Labor Dispute ◽  
Labor Disputes ◽  
Rights Protection ◽  
Resolution System ◽  
Legal Perspective ◽  
Dispute Resolution System

The formal labor dispute resolution system of administrative organs, arbitration tribunal and courts which have been established to handle labor disputes remains an ineffective tool for migrant workers to resolve their disputes with their employers in China. Moreover, experience has exemplified that among the mediation style, non-official mediators have proven to be more effective in settling cases and helping migrant workers than mediators within the formal system. Taking “Little Bird,” a famous NGO for migrant workers rights protection in China, as an example, this article focuses on the problem of arrears in wages of migrant workers from a sociological-legal perspective. This article argues that the current legal system in China fails to adequately protect the legitimate rights and interests of migrant workers and that informal mediation may help resolve disputes between migrant workers and employers more efficiently. The effectiveness of NGO’s role in handling labor disputes as well as its limitations, would also be analyzed and discussed.

scholarly journals EXECUTION OF PENGADILAN TATA USAHA NEGARA JUDGES VERDICT FOR PDAM TIRTA DAROY BANDA ACEH TECHNICAL DIRECTOR DISMISSAL DISPUTE Judge Case Study Decision Number 05 / B / 2015 / PT.TUN-MDN

2021 ◽  
Vol 11 (1) ◽  
pp. 12
Author(s):  
Rispalman Rispalman ◽  
Khairani Khairani ◽  
Samsul Bahri
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
Sociological Research ◽  
Legal Basis ◽  
Weak Force ◽  
The Law ◽  
Technical Director ◽  
Banda Aceh

Execution of Pengadilan Tata Usaha Negara (PTUN) judges verdict in some nation administrative dispute resolution practice in Indonesia have not been properly implemented due to the absence of an executorial Instution as well as a strong legal basis lead to weak force power for  verdict of  the PTUN. Undang-undang Peradilan Tata Usaha Negara also do not explicitly and clearly regulate the issue of force of verdict PTUN and  the execution of the verdict really depends on the goodwill of the Tata Usaha Negara Entity or Officials in obeying the law. How was the execution of the PTUN judges verdict? What was the reason for the unexecuted  judges verdict? So that we can find out how the judges verdict was executed and the reasons why the judges verdict was not executed. We use sociological research method to search what happened. Executor of a decision required to overcome and minimize the PTUN judges verdict  that was not executed as well as improvements to the basis of the Law which is more concrete and forces the execution of PTUN  judges verdict so that no party were harmed. Pelaksanaan putusan hakim Pengadilan Tata Usaha Negara dalam praktek penyelesaian sengketa Administrasi negara di Indonesia sebahagiannya belum terlaksana sebagaimana semestinya yang disebabkan ketiadaan lembaga eksekutorial, maupun landasan hukum yang kuat mengakibatkan putusan Pengadilan Tata Usaha Negara tidak mempunyai daya paksa. Undang-undang Peradilan Tata Usaha Negara pun tidak mengatur dengan tegas dan jelas mengenai masalah daya paksa putusan Pengadilan Tata Usaha Negara, sehingga dalam pelaksanaan Putusan benar-benar tergantung pada iktikad baik Badan atau Pejabat Tata Usaha Negara dalam mentaati hukum. Bagaimana pelaksanaan putusan hakim PTUN.? Apa sebab tidak terlaksananya eksekusi putusan hakim tersebut? Sehingga dapat mengetahui bagaimana pelaksanaan putusan hakim  dan sebab mengapa tidak terlaksananya putusan hakim tersebut. Dalam meneliti sengekta ini penulis menggunakan metode (Sosiologis research) lebih kepada penelitian lapangan apa yang terjadi, untuk mengatasi dan meminimalisir putusan hakim PTUN yang tidak terlaksana diperlukan adanya eksekutor putusan, serta perbaikan pada landasan Undang-Undang yang bersifat lebih konkrit dan memaksa Pelaksanaan putusan hakim PTUN sehingga tidak ada pihak yang dirugikan.  

The GE Mound: An ARPA Case Study

1995 ◽  
Vol 60 (1) ◽  
pp. 131-159 ◽  
Author(s):  
Cheryl Ann Munson ◽  
Marjorie Melvin Jones ◽  
Robert E. Fry
Keyword(s):  
Native Americans ◽  
Private Property ◽  
Legal Rights ◽  
Legal Proceedings ◽  
Indian Land ◽  
Conflicting Interests ◽  
The Law ◽  
The U.S

Prosecutions of looters under the U.S. Government's Archeological Resources Protection Act (ARPA) have heretofore come in cases involving federal or Indian land, thus limiting applications of the law and questions about both the law and the legal rights of artifact collectors. In this essay we examine the GE Mound case, the first prosecution and conviction of a group of looters under ARPA for interstate transport of artifacts illegally removed from private property. The GE Mound case serves as a textbook on issues that currently confront archaeology. The conflicting interests of archaeologists, looters, other artifact collectors, and Native Americans are illustrated in the legal proceedings and the controversies surrounding the prosecution. We review the proceedings and controversies to establish a factual record for this precedent-setting and politically sensitive case.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

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