Context Of Law Research Articles

The Law of Bribery in the Judiciary: A Comparative Analysis of the Opinions of Yusuf Qardhawi and Asy-Syaukani

This research focuses on the principle of justice in Islamic law, which is seen as the main foundation for the entire sharia legal system, especially in the context of bribery cases in upholding rights and eliminating injustice. The main objective of this research is to understand the limitations and exceptions related to the law of bribery according to the views of two major scholars, Yusuf al-Qaradawi and Asy-Syaukani, and how the concept of maqasid sharia (the purpose of sharia) is applied in emergency situations that allow the permissibility of bribery. The research method used is a comparative analysis between the two views, by exploring the background of the arguments and the underlying context of Islamic law. The results show that Yusuf al-Qaradawi permits bribery in urgent emergencies, especially when it is the only way to defend a neglected right or eliminate injustice, after all legitimate efforts allowed by religion have been taken. In contrast, Asy-Syaukani forbids bribery absolutely without exception, based on the generality of the hadith that forbids the practice of bribery. In this comparison, Asy-Syaukani's view is considered stronger in terms of evidence, but in the current context, Yusuf al-Qaradawi's view is considered more relevant to the conditions in Indonesia, where bribery is sometimes used as a way to defend rights in urgent situations.The conclusion of this study confirms that the maqasid principle of sharia, which includes the fulfillment of emergency needs (dharuriyyat), general needs (hajiyyat), and refinement (tahsiniyyat), can be the basis for the permissibility of bribery under certain conditions. The legal consequences of bribery in order to defend rights are imposed on the recipient of the bribe and its intermediaries, while the bribe giver is not subject to sanctions because the aim is to claim legitimate rights.

Musawah Movement’s Activism for Women’s Rights as Strengthening the Trend of Islamic Feminism

The article addresses contemporary discussions of gender equality in Muslim communities, where Islamic feminism has emerged as a movement that does not reject the core values of Islam and its doctrine but attempts to reread the Quran from a women’s perspective. This paper situates Islamic feminism and the activities of Musawah, an NGO focused on reinterpreting Islam, promoting approaches that address contemporary challenges to gender equality and debates about the role of religion within the context of Muslim family law. The critical approach of Islamic feminism is to resist the abuse of religious interpretation to maintain patriarchal structures while rejecting Western and secularized understandings of human rights. Based on the context of this dispute, this article analyses source documents illustrating the activities of the equality movement, which seeks to achieve its statutory goals and reform Muslim family law.

Policing Undocumented Immigrants in New York: Balancing Enforcement and Integration

Immigration policies vary significantly among U.S. states, leading to diverse law enforcement practices that uniquely affect immigrant (documented and undocumented) communities. This article explores New York’s immigration strategies within the framework of federal immigration law, pointing out the city’s misalignment with federal policing practices of immigrant populations. It emphasizes the urgent need for federal immigration reform. Additionally, the article advocates for a more integrationist, balanced and humane approach to policing undocumented immigrants. The article substantiates its claims using secondary source data, official reports, scholarly works, and Integration Theory in four key ways. First, it analyses New York’s immigration strategies within the context of federal immigration law. Second, it examines the city’s local government and non-governmental organizations’ collaborative efforts with federal immigration agencies to manage undocumented immigrants. Third, it discusses Integration Theory and delves into the policing experiences of immigrants in New York. Lastly, the article advocates for a more balanced approach to policing undocumented immigrants, highlighting the necessity of law enforcement and the importance of nurturing safe and cohesive communities.

The Prudent Parliament and Section 24(1)

The appeal of Attorney General of Canada v Power was heard by the Supreme Court of Canada on December 7, 2023. The case concerns the availability of damages under section 24(1) of the Charter for legislative action. In response, our paper argues: 1) the text of section 24(1) does not bar damages for unconstitutional legislation; 2) the history of section 24(1) points towards damages for legislative action; 3) unwritten constitutional principles suggest courts should treat different types of damages differently; 4) precedent suggests Crown liability for unconstitutional legislation should proceed on a negligence standard for some types of damages; and 5) meeting the standard of care for such negligence should require Parliament to obtain legal advice. In advancing these arguments, we reconsider early Charter scholarship on the value of private law concepts to the unique public law context of section 24(1) in light of more recent jurisprudence.

ARTIFICIAL INTELLIGENCE TO OPTIMIZE THE ROLE OF NOTARIES IN RESOLVING LAND INHERITANCE DISTRIBUTION BASED ON CUSTOMARY LAW

The distribution of land inheritance often poses challenges, particularly within the context of customary law that varies by region. The role of notaries, recognized legally to draft authentic deeds in accordance with Article 16, Paragraph (1), letters a and b of Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on Notary Positions, is crucial in providing legal certainty and preventing disputes among heirs. In this era of technological advancement, artificial intelligence (AI) can assist notaries in expediting and simplifying the resolution of land inheritance issues more efficiently while adhering to applicable customary law provisions. The purpose of this research is to analyse the role of notaries in the resolution of land inheritance distribution under customary law and to explore the potential utilization of artificial intelligence in assisting this process. The research method used is normative juridical, using a statutory approach and an analytical approach. The research shows that artificial intelligence (AI) can assist notaries in document verification, heir identification, and the application of complex customary law. AI accelerates the process and reduces the potential for disputes, but it requires regulatory adjustments and increased technological literacy among notaries and the public. Artificial intelligence (AI) has significant potential to optimize the role of notaries in resolving land inheritance under customary law by accelerating processes, improving accuracy, and ensuring fairness. However, the successful implementation of AI requires clear regulations and collaboration between the government, legal institutions, and customary communities.

COMBATANT IMMUNITY AND THE RUSSIAN-UKRAINIAN WAR: REOPENING THE DEBATE ON A LONGSTANDING DOCTRINE

Background: Russia’s invasion of Ukraine has resulted in the largest conflict in Europe since the Second World War, with estimates suggesting that hundreds of thousands of Russian soldiers are implementing the will of the aggressor state. It has long been believed that combatants are immune from criminal prosecution for their actions during hostilities, including the killing of military personnel defending the victim state unless they violate the laws of war. However, this immunity has naturally generated criticism in the Ukrainian legal community. In this article, the authors analyse the critical arguments made by opponents of combatant immunity and seek to clarify the legal and ethical grounds of the controversial doctrine. Furthermore, the well-known debate on the significance of citizenship (nationality) for recognising combatant or prisoner of war status and the liability of defectors is revisited from a new perspective. Methods: The article is based on an analysis of IHL sources, commentaries, state practices, precedents and scientific views on combatant immunity. Additionally, the article examines the practices of law enforcement agencies in Ukraine and the perspectives of Ukrainian criminal law scholars. General scientific methods of cognition (induction, deduction, analysis, synthesis), as well as historical, empirical and systemic-structural methods, are used. The article is structured into three parts. The initial section provides a comprehensive overview of the status of a combatant and their associated privileges within the context of international humanitarian law (IHL), with a particular focus on the ongoing conflict between Russia and Ukraine. The second section delves into the debate surrounding Ukraine's obligation to respect the immunity of the combatant of the aggressor state and offers the authors' conclusions on this matter. The third section addresses the liability of defectors, focusing on the implications of citizenship (nationality) for combatants and prisoners of war (POW). Results and conclusions: Several Ukrainian scholars have expressed their unreserved disagreement with Ukraine's application of the doctrine of combatant immunity to Russian soldiers. In the absence of a direct reference to this exceptional privilege in international treaties to which Ukraine is a party and in light of the a priori unlawfulness of aggression, the critical arguments are not without merit. Nevertheless, we conclude that respect for the immunity of a combatant representing the aggressor state is part of Ukraine's international obligations and has a certain justification. Concurrently, the article acknowledges that the legal and ethical grounds for this are not entirely clear. The question of whether defectors should be recognised as combatants and/or prisoners of war is similarly unclear. Nevertheless, we are convinced that regardless of the answer to this question, the criminal prosecution of defectors for high treason cannot be considered a violation of the immunity of a combatant.

Genre Analysis of Law Research Article Abstracts and Application in Legal Writing Teaching

Investigating the rhetorical structure of law research article (LRA) abstracts is essential for researchers and instructors in legal writing. Despite their significance in academic discourse, the specific rhetorical strategies used in LRA abstracts remain underexplored. This study examines the rhetorical moves in English LRA abstracts using Hyland’s framework. Fifty LRA abstracts, randomly selected from the Journal of East Asia and International Law and Law in Context, both of which are indexed in Scopus and ISI Web of Science, were analyzed as the corpus. The research employed a qualitative content analysis approach to identify and categorize the rhetorical moves. The study reveals that the purpose and introduction moves are the most prevalent, underscoring the importance of clearly stating objectives and establishing context. The product and conclusion move, which summarize key findings and extend research implications, follow in prevalence. In contrast, the method move appears less frequently, reflecting the genre's focus on legislative analysis rather than detailed methodologies. These findings are valuable for law researchers aiming to publish in international law journals and contribute to a broader understanding of genre analysis in legal writing. The study offers practical implications for scholars and educators, enhancing the effectiveness of legal academic communication.

Churches with Historical Monument Status in the Republic of Moldova: Between State Ownership and Ecclesiastical Property

The article examines the difficulties faced by religious communities under the Metropolis of Moldova (Russian Patriarchate) in their process of joining the Metropolis of Bessarabia (Romanian Patriarchate), within the context of Law no. 125/2007. The main obstacle is related to property rights over historical ecclesiastical buildings. An example is the 2003 case where the property rights of the community in Camencea were registered under the name of the Metropolis of Moldova. In 2002, the government in Chișinău adopted Decision no. 740 to prevent the legalization of the Metropolis of Bessarabia’s places of worship. The decision was challenged in the Constitutional Court, which suspended the examination of the constitutionality of the normative act.

Evolution of the Law of the Sea and Ocean Policy in Northeast Asia

This article examines the cultural influences of Northeast Asia, specifically China, Japan, and Korea, on the evolution of the law of the sea and regional ocean policies. Despite the global nature of maritime law, regional practices and cultural norms have played a significant role in shaping legal frameworks and policies. This article aims to help fill a critical gap in the literature by providing a systematic analysis of how these Northeast Asian countries’ historical, cultural, and political contexts have influenced their approach to the law of the sea. Through a series of case studies, including examination of the Fukushima Daiichi Nuclear Power Plant incident, the article demonstrates the unique contributions of Northeast Asian perspectives to the law of the sea. This analysis not only highlights the distinct legal traditions and practices in this region but also underscores the importance of regional influences in the broader context of international ocean law. A deeper understanding of these cultural influences is essential for effectively addressing contemporary ocean issues in Northeast Asia and beyond.

Developing a Taught Module on ‘Law, Religion, and Environment’

Building on the Arab Barometer seventh wave survey, which highlights the regional priorities on climate change, water resources, and environmental development in Middle East and North Africa, this paper explores the potential for a module on “Law, Religion and Environmental Sustainability”. The module aims to mainstream environmental sustainability in the legal education curriculum through forging the intersections between law, religion, and the environment. The growing body of interdisciplinary research on religion and environmentalism mainly involves scholars from academic disciplines such as sociology, theology, and religious studies, but not law. The Arab Barometer results indicate that citizens’ environmental concerns are mostly linked to the micro level, without directly reflecting on related macro level issues. However, religious beliefs and faith systems often cut across the micro and macro levels, and could potentially advance environmental and sustainable development objectives. Moreso, there have been pockets of non-international armed conflicts that are in some ways tied to religious beliefs and cultural values on access to natural resources such as land and water. This paper addresses how to train law students to embrace and contribute to the emerging field of religion and environmentalism. Such training would equip law graduates to (a) have a good understanding of the contemporary social, economic and political context of environmental governance and sustainable development laws; (b) appreciate the interlinkages between law, religion and environment at a theoretical and practical level; and (c) be better equipped to maximise the opportunities and resolve tensions that may arise from mainstreaming legal principles, including human rights and justice, in advancing sustainable development goals, including environmental sustainability. , , CurriculumDevelopment, MENA region, Legal Education,

The Secrecy of Confession and the Penal Law Context within the Legal Order of the Czech Republic

The Secrecy of Confession and the Penal Law Context within the Legal Order of the Czech Republic

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

Abusive litigation in China: comparative insights and practical approaches for reform

This article provides a comprehensive examination of abusive litigation in both civil and criminal cases in China, focusing on its forms and impacts. It proposes nuanced regulatory approaches that emphasize the importance of identifying responsible parties and implementing appropriate compensation measures. In the Chinese legal system, abusive litigation varies by context. In civil cases, it often manifests as actions that clog the courts and drain legal resources, raising concerns about lawyer accountability and the financial burdens on victims. Although frequently discussed in Chinese literature, the above topic has seen limited comparative analysis, despite similar problems existing across different jurisdictions and a clear need for mutual learning. The article suggests that, in civil cases, insights from English and Dutch law could assist Chinese regulators in reducing incentives for lawyers to pursue unmeritorious or abusive cases and improving compensation for victims. In the criminal law context, abusive litigation is more prevalent in minor offenses in China, primarily due to issues related to the public power structure. The proposal emphasizes the need to optimize power distribution within the Chinese legal system, thereby safeguarding the integrity of the law and upholding human rights.

Analisis Penyelesaian Sengketa Kepemilikan Tanah di Desa Patemon Kecamatan Tlogosari Kabupaten Bondowoso

Land ownership disputes are a common issue in Indonesia, particularly considering that land is a highly valuable asset for the community. Conflicts related to land ownership not only impact individuals but can also trigger disputes involving communities and families. The Certificate of Ownership Rights (SHM) serves as legal proof of land ownership and plays a crucial role in resolving disputes. This study aims to analyze the evidentiary strength of SHM in resolving land disputes in Bondowoso Regency. By using normative legal research methods, this study explores the role of SHM within the context of Indonesia's positive law and how this certificate is applied in dispute cases. The findings indicate that SHM possesses strong evidentiary power in resolving land disputes, provided its validity is recognized and supported by effective law enforcement.

Facilitating and supporting employability in law: Reflections on the need for agile communication

There is an increasing focus on enhancing employability for students in higher education. Yet academics who facilitate and encourage opportunities to support student employability are often doing so with a quiet agility. This paper reflects on my first year coordinating a work-integrated learning program and the development of skills necessary for such roles in a tertiary law context. Grounded in the well-recognised literature on positive professional identity and contemplating the concept of ‘pracademic identity’, these reflections offer insights on the experience of traversing across multiple professional spheres to enhance employability for students. In particular, this reflection piece seeks to uncover and highlight the skills essential to roles facilitating employability for law students.

The role of ISDS in the Russian–Ukrainian conflict

AbstractInvestor-State Dispute Settlement (ISDS) has long served as an effective remedy for disputes between foreign investors and host states. In the context of the Russian–Ukrainian conflict, ISDS has gained particular prominence as a potential tool for advancing the legal claims of private persons even in wartime or otherwise hostile situations. In particular, we had a slew of ISDS cases between Ukrainian investors and Russia, especially in relation to Crimea. This has also raised a number of questions regarding territory and annexation within the context of international law, which the arbitration tribunals had to address. The purpose of this study was to evaluate the utility of ISDS for enforcing private claims in wartime, and to assess the judgments of the arbitration tribunals, with the addition of Russian ISDS cases against Ukraine as well, to serve as a contrast.

A Primer on Trauma-Informed Practice in Refugee Law

This article is intended as a primer on trauma-informed practice for professionals working in the area of refugee law. Refugees and asylum seekers are amongst the most vulnerable groups in the community, and the process of seeking asylum itself can intensify stress. Trauma-informed practice is founded on ‘safety first’ and ‘do no harm’. It reflects adherence to core principles, rather than a prescribed set of practices and procedures. The core principles of trauma-informed practice include safety, trust, choice, collaboration and empowerment. This article primarily focusses on professional applications of trauma-informed practice at an individual level. By taking steps to integrate these principles into interpersonal interactions with refugees and asylum seekers, professionals can better support their needs in the refugee law context.

Urban Farming, Planning and Environmental Jurisprudence in Delhi

This article analyses the manner in which bourgeois environmentalism and aspirational urban planning have brought about a recalibration of justice for agrarian communities along the Yamuna in Delhi. Bela Estate, the research site, is one such agrarian community in the urban segment of the Yamuna. Following a ban on the farming of edible crops in this region, pronounced by India’s apex environmental court in 2015, the Delhi Development Authority has conducted multiple demolition drives for nearly a decade now to evict farmers and clear their land for redevelopment. Utilising archival sources and based on a close reading of planning documents and court judgements, this article contributes to discourses of public interest in the wider context of development and law. More specifically, it decodes the ongoing contentions involving farmers, planning agencies and the judiciary in this region as symptomatic of the larger erosion of social justice in an urbanising, aspirational India that undervalues the role of nature-based livelihoods in Indian cities.

Bridging the Gap Between Labour Law and Company Law: Wedderburn’s Legacy: An Appreciation

Abstract The paper surveys the extensive writings of the late Professor Lord Wedderburn and explores the interactions between company law and labour law. A set of case studies illustrates labour law’s relative weakness in the contemporary corporate law context. Whilst it does change over time, company law has largely remained consistent with its two fundamental principles of separate legal personality and limited liability and its complementary prioritisation of the shareholders’ interests. These stable features provide a foundation that grants powerful corporate actors considerable freedom to pursue their interests and to organise their corporations however they please with little regard for those providing labour. Labour law finds itself constantly having to adapt to changing economic (and connected political) realities, fraying further the already threadbare protections for workers, especially in the context of global trade. With modern globalisation and financialization, a variety of “shareholders” and increasingly byzantine corporate structural arrangements have emerged presenting few opportunities to mitigate the impacts of their harmful activities. Investors and managers extract value with exploitative and detrimental consequences for the workers and other stakeholders. Fundamental reforms to company law are required for more effective workers’ voice and protection. Key words Lord Wedderburn, company law, labour law, employment law.

Disturbing the dead: Climate change and the potential relocation of Swedish cemeteries

This study focuses on the contradiction of mobility and immobility in relation to interred human remains. While society generally embraces human mobility, once individuals pass away and are disposed of, mobility ceases to be the norm. Some counties, like Sweden, has a rigid burial legislation that prohibits the re-location of interred human remains. However, both society- and climate-related events are increasingly affecting the eternal rest of the deceased. Utilizing quantitative data on all cemeteries in Sweden, this study aims to assess and analyse the potential magnitude of future large-scale moves of human remains due to expected impacts of climate change, and to put this into a relational context of norms and laws. Results show that climate change poses an apparent risk to cemeteries in Sweden, especially in the south-west of the country, and that this is mainly caused by increased risk of landslides and erosion, as a result of expected increased precipitation. A low estimate state that by the end of this century, some 30.000 interred remains and some 146.000 living survivors will likely be affected by climate-related risks.