Judicial Efforts Research Articles

Provisional Attachment on the Documentary Letters of Credit: A Comparative Study Saudi and Emirati Law

The study aims to study the provisional attachment of documentary letters of credit to prevent the beneficiary from liquidating the value of the credit as the beneficiary used fraudulent methods without which he would not have been able to obtain the value of the credit. The study follows the descriptive analytical comparative approach. It will discuss the legislative and judicial efforts related to the provisional attachment of documentary letters of credit. This will lead us to the comparative approach to comparing what is stated in Emirati and Saudi law and the judgments. The study concludes several findings, including that documentary letters of credit are an unquestionable means of success in international trade operations, especially since they discuss the problems of geographical distance between the seller and the buyer. However, fraudulent behaviors by sellers (beneficiaries of the documentary letters of credit) disrupt the dominance of documentary letters of credit as the most important means of payment in international trade transactions. The study concludes with several recommendations, namely: the necessity of adopting the Uniform Customs and Practice (UCP) for Documentary Letters of Credit as a rule to eliminate instances of fraud in its transactions.

CHILD RECRUITMENT PHENOMENON BETWEEN PROHIBITION AND PRACTICE ACCORDING TO INTERNATIONAL LAW AND JURISPRUDENCE

This study aims to illuminate the alarming phenomenon of child recruitment, recognized as a profound deviation from normative societal behaviors due to its stark infringement on the rights of a vulnerable demographic. Internationally spotlighted in the 1980s, child recruitment in armed conflicts prompted global efforts aimed at curbing the induction of children into battles by both recognized and unrecognized militant factions. Despite these endeavors, the prevalence of child soldiers has escalated notably in subsequent decades, particularly amid the surge of internal armed conflicts. Such circumstances have relentlessly exposed recruited children to extreme violence and inflicted severe damage, often resulting in either mortality or permanent disability. In response, a unified international initiative has sought to mitigate this distressing trend by establishing numerous international accords and preemptive measures. The prohibition of child recruitment has been enshrined across a spectrum of international legal instruments and endorsed by international criminal tribunals. Yet, despite rigorous legal frameworks and judicial efforts to eradicate child recruitment and preclude their participation in armed engagements, the practice persists. This ongoing issue underscores a systemic failure among nations to enforce internationally agreed standards designed to combat this grave phenomenon.

Safeguarding the property rights of Hindu women in India: analyses of legislative and judicial efforts

Abstract Under the traditional Hindu succession system, a Hindu woman did not possess any entitlement to ancestral property, which is a significant demonstration of social and economic discrimination. To clarify, Hindu women’s property rights in India were characterised by inequality and injustice. Nevertheless, through legislative and judicial endeavours, Hindu women in India have been granted the ability to own and possess property through inheritance—a step towards empowering them and creating economic sustainability in their lives. The present study examines the legislative and judicial initiatives aimed at granting parity to Hindu women by integrating them into the coparcenary system and conferring upon them the entitlement to inherit ancestral property. Thus enabling them to achieve economic self-reliance.

Authoritarianism and Judicial Efforts for Securing Autonomy: A Case Study of Pakistan

Authoritarianism and Judicial Efforts for Securing Autonomy: A Case Study of Pakistan

우리나라 부패방지정책의 최근 동향과 주요 이슈에 관한 제언

In order to implement the constitutional spirit of the just society ideology, our society has made policy, legislative, and judicial efforts to prevent corruption. Anti-corruption policies have been promoted with interest in public officials and the public sector, where integrity and transparency have traditionally been emphasized. Recently, due to the severity of corruption in the private sector, the need for anti-corruption measures is increasing not only in the national sector but also in all national and social sectors, including the private sector. Corruption in the public sector has been subject to control under the Criminal Act, but the limitations of the Criminal Act, the Public Official Ethics Act, and the Code of Conduct for Public Officials have been pointed out in terms of effectiveness in terms of the scope of application of the laws, and for comprehensive anti-corruption measures, The Corruption Prevention and Civil Rights Commission Act was enacted. Since then, there has been legislative development, with corruption in the public sector being controlled by the Anti-Graft Act and the Conflict of Interest Prevention Act. As it was pointed out that there is no possibility of recognizing corruption in the private sector in advance unless it is through public interest reporting, the need to promote public interest reporting and the issue of protection for public interest reporters became issues. The Corruption Prevention and Civil Rights Commission Act limits the subject of reporting to corrupt acts by public officials, so in the case of public interest reporting in the private sector, the lack of protection provisions for public interest reporters was pointed out as a problem. In order to respond to these problems, the Public Interest Reporter Protection Act was enacted. Although the Improper Solicitation and Interest Act, the Anti-Graft Act, the Conflict of Interest Prevention Act, and the Public Interest Reporter Protection Act cannot be said to be complete, they are constantly evolving for a society of integrity. In addition to anti-corruption legislation, in order to prevent social corruption occurring not only in the public sector but also in the private sector, the functional control mechanism of corruption control agencies based on the Constitution and laws must be properly operated. The Anti-Corruption and Civil Rights Commission must play its role as a control tower for anti-corruption and a clean society by creating an honest public service culture and improving areas vulnerable to corruption. The Board of Audit and Inspection, which was established as the highest audit agency and independent institution under the Constitution, must perform a strong corruption control role by overseeing the national inspection system and exercising the authority to supervise public officials. There is a need to understand the overlapping performance of criminal justice functions by the police, prosecutors, and the Corruption Investigation Office from a complementary perspective, rather than viewing them only from a check-and-confrontation perspective. The complementary competitive system of criminal justice functions is expected to function positively in controlling corruption by stimulating political neutrality and accountability. In order to bring about a positive synergistic effect in the criminal justice function, the Corruption Investigation Office must maintain political neutrality and secure independence in performing its duties.

Kewenangan Dan Penyelesaian Sengketa Peradilan Tata Usaha Negara (Perbandingan Indonesia Dan Korea Selatan)

This article aims to examine the comparison of authority and dispute resolution of the State Administrative Courts of Indonesia and South Korea. The method used is a statutory statue and comparative approach. This study shows that the Indonesian and Korean state administrative justice systems have the same deadline for filing lawsuits, administrative and judicial efforts, and active judges; and there are also differences regarding the types of lawsuits, the existence of the State Administrative Court, who are the officials in the court, the number of judges authorized to hear and to whom the appeal is addressed.

Navigating the New Era: the emergence of China’s international commercial courts

ABSTRACT Alongside China’s increasing efforts to update its legal regime facilitating the ‘One Belt and One Road Initiative’ and strengthening foreign-related rule of law, China’s Supreme People’s Court (SPC) and some lower courts are playing a vital role in modernizing international commercial litigation. The SPC, leading lower Chinese courts, has been zealous in reforming international commercial litigation, and piece-meal measures were adopted over the years. The most salient step is the establishment of international commercial courts (CICCs), accompanied by the use of such mechanisms as anti-suit injunctions, forum non conveniens, and de jure reciprocity favouring foreign judgments recognition in China. These judicial efforts and the expected moves alike will definitely contribute a lot to internationalization of China’s international civil procedure towards the global mainstream. However, the systemic deep judicial and legislative reforms are both needed for China’s international commercial litigation to go global and moreover, the process shall be conducted with an eye towards keeping it current and enhancing its relevance to the realities of today’s dispute resolution world.

Workplace Inequality -- The Discrimination Women Has to Face

This abstract delves into the pervasive issue of workplace gender discrimination, encompassing overt and covert manifestations within professional settings. Despite legislative and judicial efforts, bias persists, inhibiting gender parity. Direct discrimination, exemplified through differential treatment and remuneration, is visible. Covert bias, exemplified through seemingly neutral practices that disproportionately affect genders, is subtler. Organizations must embrace comprehensive strategies: providing family support, continuous diversity training, and addressing evaluation biases. By acknowledging, rectifying, and dismantling these biases, workplaces can foster inclusivity and empowerment, thereby ushering in a future where gender bias is eradicated and all individuals thrive unencumbered by discrimination.

Pengendalian Persaingan Monopoli dalam Hukum Perdata: Upaya Perlindungan Konsumen dan Pengusaha Kecil

Monopolistic competition is a profound issue in civil law and has the potential to threaten the business ecosystem and consumer rights. This journal aims to investigate efforts to control monopolistic competition through a civil law perspective, with an emphasis on the protection of consumers and small entrepreneurs. The study utilizes an analytical and comparative law approach to identify the applicable legal framework in various jurisdictions, focusing on recent cases involving monopolistic competition. The findings of this study show that civil law has a significant role to play in the control of monopolistic competition by protecting consumer rights and regulating business practices that may hinder competition. The research also highlights the challenges faced in applying civil law in monopolistic competition cases and striking the right balance between consumer protection, small entrepreneurs, and economic sustainability. Legislative and judicial efforts undertaken by various countries are also analyzed to assess the effectiveness of monopoly competition control in supporting a fair and competitive economy. The results of this study provide a deeper understanding of the role of civil law in the control of monopolistic competition and its implications for the protection of consumers and small businesses. The practical implication of this research is the importance of strict supervision of monopolistic practices, strong consumer protection policies, and cooperation between various related parties to maintain a healthy business ecosystem.

The study of the legal and judicial approach in India to the problem of gender inequality in the workplace

PurposeThis study aims to analyse the present situation of gender inequality in the workplace in India, examine the legal provisions that address gender inequality in India and evaluate and assess the recommendations made to eliminate gender imbalance at workplaces in India.Design/methodology/approachThis study will adopt an exploratory research design to help identify and describe the most pressing problems and developments in the field. For this purpose, a secondary data collection approach is adopted. This study will acquire data through secondary means. This study will gather secondary data through the course of existing literature, judicial decisions and other authentic and published sources.FindingsLegislative and judicial efforts alone are not enough to achieve gender equality. The mindset of people, in general, has to change through awareness. Unless a law is supported by public opinion, it cannot achieve its goal.Research limitations/implicationsThis study is limited to gender inequality in the workplace only. In addition, the judicial perspective on gender disparity in India is examined in this paper. As a result, the findings cannot be applied to other situations.Originality/valueThis study deals with gender inequality in the workplace from legal and judicial perspectives and discusses that social change can be brought only by enacting laws but by public awareness.

How serious is Nigeria about climate change mitigation through gas flaring regulation in the Niger Delta?

Nigeria currently contributes significantly to the total amount of greenhouse gases (GHGs) produced in Africa through unabated emissions from its oil and gas industry in the Niger Delta, making the country an important player in global climate change mitigation efforts. Gas flaring is the major medium by which Nigeria contributes to the global percentage of deleterious GHGs released into the atmosphere. Therefore, regulatory efforts at the cessation of gas flaring in the country is important within the wider context of global climate change mitigation, and is worthy of analysis. The recent ‘code red’ warning by the Intergovernmental Panel on Climate Change (IPCC) about the clear and present danger unmitigated climate change currently poses to the planet, together with Nigeria's recent pledge at COP26 to eliminate GHG emissions by 2060, makes this analysis even more necessary. Accordingly, this article generally assesses the efforts of Nigeria at eliminating gas flaring within the context of its international commitments on battling climate change. The first part of the article explores the history and current status of gas flaring in Nigeria. The second part critically analyses the guiding policy, regulatory, legislative, and judicial efforts at ending gas flaring in Nigeria with the view to determining the seriousness of the country in domestically matching its international commitments towards mitigating climate change through the phasing out of GHG emissions.

Promoting Constitutional Literacy: What Role for Courts?

AbstractThis article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to “typical” judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development of specially curated initiatives crafted with the values of inclusion, accessibility, and transparency in mind. This manifests notably in a turn to social media use and an incipient embrace of legal design thinking. The available literacy-boosting modalities are not without flaws, however, and we should be cognizant of limits regarding what can realistically be expected of courts in furthering popular constitutional knowledge. Notwithstanding room for improvement in the design and delivery of constitutional literacy, the existing judicial efforts when viewed in their entirety should be evaluated positively as making a meaningful contribution in meeting people’s interests in greater constitutional knowledge.

Conceptual Challenges to the Recognition and Enforcement of the Right to Clean, Safe and Healthy Environment

The right to clean or healthy environment, or what may be called environmental right, is one of the most controversial emerging rights since the agitation for the recognition of the link between human rights and the environment started gaining momentum at international law forums. This is happening partly because, at the global level, no treaty attempts to delimit the scope of this right explicitly; an endeavour which would have served as a form of guide to national jurisdictions. Given that the UN General Assembly recently officially resolved that a clean, healthy and sustainable environment is a universal human right, and considering the implication this may have on national jurisdictions, it has become more imperative to redefine this right for the ease of enforcement. This paper seeks to examine the conceptual and the theoretical conundrum as well as the criticisms of the right to clean, safe and healthy environment that have largely played a prominent role against the enforcement of the rights in general. The paper also examines constitutional challenges associated with the recognition of the rights in Nigeria and the judicial effort in the case of Gbemre v SPDC in attempting to expound the constitutional right to life to include the right to the environment. The paper finds that the right to the environment has been described and qualified diversely from one jurisdiction to another rendering the same susceptible to the challenges of interpretation. The paper, however, suggests that given the importance of the right, same should be interpreted, no matter how it is qualified, to mean a right to an environment fit for human living, the courts being sufficiently able to draw the line between what environment is fit and what is not for human habitation.

Perlindungan Hukum Terhadap Buruh Yang Tidak Mendapatkan Upah Minimum Provinsi (UMP) Dengan Perjanjian Kerja Waktu Tertentu (PKWT) Pada Masa Pandemi

The purpose of this study is to determine the form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) with a Specific Time Work Agreement (PKWT) and the mechanism for handling disputes regarding the Provincial Minimum Wage (UMP) which is not fulfilled in a Specific Time Work Agreement (PKWT). at the Manpower Office of North Sumatra Province. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The data collection technique used is library and field. The form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) is that legal protection efforts for these violations are carried out in a preventive and repressive manner. Preventive efforts are to provide guidance as a preventive effort through the dissemination of labor norms, technical advice and assistance. The repressive effort is to give a warning to companies that are suspected of committing wage violations, then review them every 6 (six) months to 1 (one) year. If after the warning and review efforts there are still companies that violate wages, then judicial non-judicial repressive efforts can be carried out. Disputes regarding the Provincial Minimum Wage (UMP) Mechanisms that are Not Fulfilled in a Specific Time Work Agreement (PKWT) at the Manpower Office of North Sumatra Province, can be carried out through mediation, conciliation, arbitration and industrial relations court institutions. Mediation aims to reach or produce an agreement that is acceptable to the disputing parties to end the dispute. Conciliation is carried out by making a collective agreement signed by the parties. Arbitration is conducted by the arbitrator based on the written agreement of the disputing parties.

Pengusahaan Sumber Daya Alam dengan Persetujuan Masyarakat Adat

State control of natural resources for the sake of the greatest prosperity of the Indonesian people can be seen from the regulations that were born where this regulation provides an authority by the state carried out at the will of the Indonesian people. However, the text of the recognition and constitutional protection of indigenous peoples still leaves two main problems. First, the recognition of indigenous peoples is placed on conditions as long as they are still alive, in accordance with community development and the principles of the Unitary State of the Republic of Indonesia. Second, the constitution introduces two terms, namely the Unity of the Customary Law Community (Article 18 B paragraph 2) and the Traditional Community (Article 28 I paragraph 3). There is absolutely no explanation regarding these two terms, thus giving rise to new interpretations of these two things which have led to polemics in the regulatory arrangements under them. In this study using normative legal research methods using a literature study legal approach. When the occurrence of the two legal problems above the state raises a polemic in carrying out judicial efforts which have always been in conflict with the legal status of indigenous peoples, for that the government places more emphasis on a sociological approach. only guaranteeing welfare from the economic field, but considerations in the environmental field for that the state guarantees this as the most important part of the constitutional mandate this cannot be separated from various factors ranging from the environment which has an impact on health, the economy which has an impact on welfare is carried out as part of the the state is present in providing guarantees for respect and protection of the rights of indigenous and tribal peoples.

Does judicial effort matter for quality? Evidence from antitrust proceedings in Russian commercial courts

Does judicial effort matter for quality? Evidence from antitrust proceedings in Russian commercial courts

A continuing constitutional conversation: Locating Nitisha

In April 2021, the Supreme Court of India decided Nitisha v Union of India, holding that the gender neutral hiring procedure adopted by the Indian Army indirectly discriminated against women officers by disproportionately excluding them from promotion. This effect was experienced due to systemic discrimination against women built into the appointment criteria. To redress systemic discrimination, the State was required not only to abstain from direct or indirect discrimination but also to positively act to bring in structural change. Nitisha makes significant contributions to developing the constitutional understanding of non-discrimination. It identifies the essential nature of discrimination as systemic rather than individualistic and sets out how systemic discrimination operates and can be proved. In recognising indirect discrimination, it lays down a two-stage test to establish it. Crucially, it affirmatively holds, for the first time, that the non-discrimination guarantee can compel State action in redressing systemic discrimination. Nitisha leaves certain questions unanswered: the test for justifying indirect discrimination, the doctrinal reading of the non-discrimination guarantee and the legitimacy of using comparative law. However, seeing Nitisha as one chapter of a constitutional conversation allows us to appreciate its contributions while holding the space open for future judicial efforts at constitutional meaning-making.

Work Agreement on Outsourcing System and Legal Protection for Workers

The outsourcing work system is expected to provide legal protection for workers. The status of the employment relationship between the worker and the employer is stated in the Employment Agreement (SPK). The purpose of this study is to determine the advantages of implementing an outsourcing work contract model for companies, legal protection for workers with an outsourcing work contract model, and the efforts that the government has made in anticipating the emergence of industrial relations disputes between outsourced workers and labor supply companies and employers' companies. The method used is normative juridical, using secondary data as the primary data as supporting data. Secondary data was obtained by conducting a literature study through literature and legislation. The analysis was carried out qualitatively. The results of this study found that for companies to cost of production efficiency (cost of production), the government hopes to provide benefits to develop and encourage community economic growth and national economic growth. In the practice of outsourcing, wage discrimination often occurs between permanent workers who work for the principal company (employer company) and outsourcing workers (contract workers), continuing work with a contract work system. Protection for workers is provided by the existence of labor law because, by law, it means that there is a state guarantee to provide decent work to protect it in the workplace, such as health, work safety, and living wages. Apart from that, it is also up to the provision of social security after retirement, through trade unions or labor unions, providing legal assistance in case of problems, both in terms of non-judicial legal remedies and judicial legal efforts.

The Legal Protection for Land Rights Holders against Different Locations of Land Objects

The importance of land ownership rights, the State in this case is represented by the National Land Agency (BPN) plays an important role in ensuring certainty and legal force for land rights holders. In the issuance of certificates, of course there are rights, checking the location of land parcels, and other procedures that must be followed. In this writing, the certificate issued by BPN experienced a discrepancy between the rights, in this case the Sale and Purchase Deed, so that the juridical data and physical data experienced differences. The existence of differences in physical and juridical data causes the certificate to be questioned for its legal certainty and strength. Efforts against the existence of administrative defects in certificates can be taken by means of, among others, administrative and judicial efforts. The problems in the research include how to protect the law for holders of land rights against differences in the location of land objects in the sale and purchase deeds and certificates, as well as about the legal consequences of these deeds and certificates. This study uses a normative juridical research method with descriptive research specifications where this study aims to describe (describe) a problem in a certain area or at a certain time. This study uses secondary data sources which are divided into primary legal materials, secondary and tertiary legal materials. The research results that have been collected are then analyzed qualitatively.

Human Rights of Undertrial Prisoners with Special Reference to The Role of Judiciary In India

Human dignity is the spine and the spike of human rights, as well as the very foundation upon which they are built. Human rights are the fundamental rights to which every man and woman born anywhere in the world is entitled simply by virtue of being a human being. Human rights are available to everyone, regardless of caste, religion, gender, race, or birthplace. In our society, anyone who commits an offence or a crime should be punished through the criminal justice system. In modern times, the state has taken on the responsibility of providing adequate security for individuals as well as reasonable opportunity for each individual to develop their own identity. The purpose of this study is to understand the plight of undertrial detainees through the perspective of human rights and judicial efforts.