scholarly journals PERLINDUNGAN TERHADAP PENCARI SUAKA DAN PENGUNGSI MENURUT HUKUM ISLAM DAN HUKUM INTERNASIONAL (STUDI FILOSOFIS DAN ONTOLOGIS KEILMUAN)

2019 ◽  
Vol 19 (1) ◽  
pp. 63-76
Author(s):  
Muhammad Alvi Syahrin

The problem of refugees and the displacement of people in the country is the most difficult problem facing the world community today. Many discussions were held at the United Nations which continued to seek more effective ways to protect and assist these very vulnerable groups. Some people call for increased cooperation and coordination between aid agencies, others point to gaps in international regulations and call for further standards in this field. However, everyone agrees that this problem is a global and global problem. Therefore every approach and solution must be carried out comprehensively and explain all aspects of the problem from the causes of mass exodus to the elaboration of the necessary responses to overcome the range of problems of refugees from emergencies to repatriation. This study will discuss how the basic rules of protection for asylum seekers and refugees according to Islamic law and international law.

1949 ◽  
Vol 3 (1) ◽  
pp. 14-28 ◽  
Author(s):  
Leland M. Goodrich

Referring to “domestic jurisdiction” as used in the League Covenant, Professor J. L. Brierly characterized it as “a new catchword,” capable of proving as great a hindrance to the orderly development of international law as “sovereignty” and “state equality” had been in the past, and about which “little seems to be known except its extreme sanctity.” Since these words were written, the Covenant of the League of Nations has been replaced by the Charter of the United Nations as the basic law of the organization of the world community. The concept of a reserved domestic jurisdiction is still with us. In fact, Article 2, paragraph 7, of the Charter gives it a broader definition and a wider range of application than did Article 15, paragraph 8, of the Covenant. What is the meaning of the domestic jurisdiction principle as set forth in the Charter? What effect has it had in practice on the working and development of the United Nations?


1999 ◽  
Vol 30 (2) ◽  
pp. 501
Author(s):  
Colin C Aikman

This article is the Inaugural Address given by Professor Aikman, Professor of Jurisprudence and Constitutional Law, Victoria University College, on 11 September 1956. The author discusses the nature of international law in general terms, first by exploring the nature of traditional international law as a set of rules by which states feel themselves bound to observe in their relations with each other. The author then explores the notion that traditional international law was developed as a means for regulating external contacts rather than as the expression of the life of a true society (the favoured approach of Sir Alfred Zimmern). The function of political power is also discussed in the context of the world community, including that of the United Nations. However, the author notes that the United Nations and its related agencies also act on a functional (i.e. social, cultural, economic and humanitarian) field and at a regional level. The author then discusses the role of arbitration, judicial settlement, and the role of moral principles in international affairs. The author concludes that international law requires diversity, commitment, and acceptance.  


2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.


2019 ◽  
Vol 3 (02) ◽  
pp. e2697
Author(s):  
Anna Knappe ◽  
Amir Jan ◽  
Laura Böök

Mohajer (camp-e-forsat) was filmed in Forssa asylum seeker reception center in Finland, together with a recently arrived group of Hazara asylum seekers from Afghanistan. In Mohajer (camp-e-forsat) the people who are labeled as asylum seekers and refugees, redefine themselves with the word mohajer. Mohajer is a loan word from Arabic, and in Persian it means anyone or anything migrating from one place to another.  A camp is a place where mohajers live in a state of waiting. Mohajers are asylum seekers, refugees, and other migrants in precarious situations and their camps are reception centers, detention centers, and temporary shelters. Camps are often located in remote areas, effectively isolating the individuals living in them. They are facilities for storing humans, full of invisible walls, and windows to remind people that the world they can see through them is out of their reach. Cobra: “When someone asks me where I’m from, I say I’m from Afghanistan, but I’ve never been there. Mohajer means not belonging anywhere, not where you are and not where you’re from or your parents are from. My husband says that we’re born mohajers. There is no other name for us. When they ask your name, you should say your name is mohajer. Our umbilical cords are cut with the word mohajer. Even in hospitals, when a new Afghan child is born, they say a new mohajer was born. They don’t say this woman’s child was born, they say one Afghan mohajer was born. Those two words, Afghan and mohajer, are attached together, it’s always Afghan mohajer. Then many who have migrated, try to detach themselves from the word mohajer. But in a new country, you’re still a mohajer.”


Author(s):  
Ильмира Минигулова

Global problems of modern age make deep problems for the formation of socio-economic and political-legal stability in modern states. The most complex is poverty that provokes the new problems, such as the migration crisis. The international community follows the fundamental principles and norms of international law, tries to wipe out poverty, the practical implementation of this activity is reflected in the Concept of Sustainable Development.


Author(s):  
Schloenhardt Andreas

This chapter focuses on the smuggling of migrants in the context of refugee movements, and examines the scope and application of international law pertaining to these phenomena. The principal binding global instrument on this topic is the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air which, on the surface, coexists alongside international refugee law in situations where smuggled migrants are seeking asylum. Although the Smuggling of Migrants Protocol expressly recognizes the protection afforded to refugees under international law, its interpretation, operation, and implementation often run into conflict with the Refugee Convention. All too frequently, measures to prevent and combat the smuggling of migrants focus exclusively on law enforcement, criminal justice, and restrictive border measures without recognizing the rights of refugees, asylum seekers, and smuggled migrants, which are the subject of this chapter.


Author(s):  
V.C. Govindaraj

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.


1982 ◽  
Vol 76 (4) ◽  
pp. 951
Author(s):  
Keith S. Petersen ◽  
John W. Halderman ◽  
Chiang Pei-heng

Sign in / Sign up

Export Citation Format

Share Document