Judicial Mechanisms Research Articles

What is the role of the infringement procedure in tackling rule of law backsliding in the EU?

The rule of law is a foundational and fundamental value of the European Union, embodied by the complete and coherent system of legal remedies based on the fundamental right to effective judicial protection. In some Member States, the rule of law has been facing challenges and difficulties of varying degrees of severity, leading to what has been called a “rule of law backsliding” in those States. The urgency to tackle these challenges has led to the search for immediate solutions within the European Union’s tools and mechanisms, which has increased the focus given to the infringement procedure, a judicial procedure whose goal is to review the behaviours of Member States and find breaches of European Union law committed by them. The past uses of this judicial mechanism by the European Commission and the decisions of the Court of Justice of the European Union (“CJEU”) that followed have showed positive results and opened promising paths to follow in the fight to uphold the rule of law in the European Union

China-US Currency Subsidy Dispute from WTO Perspective: Review and Response

Since the new countervailing regulations came into effect, the U.S. Department of Commerce has conducted various countervailing investigations on Chinese enterprises for undervalued currency. This paper analyzes the core legal issues of undervalued currency subsidies, determines whether the exchange rate is undervalued and determines the elements and specificity of subsidies according to the Agreement on Subsidies and Countervailing Measures (SCM Agreement) and the WTO dispute settlement judicial mechanism, and proposes countermeasures in the face of the U.S. Department of Commerce's investigation.

On the efficiency of the judicial mechanism for protection of the economic rights of the fec elements: was it the right decision to abolish the supreme commercial court of the russian federation?

The article notes the essential significance of the fuel and energy complex (hereinafter referred to as the “FEC”) for the Russian economy; which means: the worse, the weaker this or that industry of the FEC is, the greater the shortfall in the country’s income. This often happens in case of violation of the entrepreneurial rights of such an industry of the FEC. The organizational and judicial mechanism, the arbitration judicial system, providing judicial protection of business rights and legitimate interests of FEC elements, in 2014, after the Supreme Commercial Court of the Russian Federation (hereinafter referred to as the “SCC”) has been abolished, according to the author, lost its former efficiency. The consequence of this, according to the author, was the transformation of the SCC of the Russian Federation from an independent judicial system into an autonomous one, and consequently, the loss of its powers of the supreme (supervisory) arbitral judicial instance. In turn, this means that in the supervisory instance, now in the Presidium of the Supreme Court of the Russian Federation, there is an insignificant proportion of commercial law professionals. For FEC companies, this means that, since 2014, the arbitration and judicial policy on disputes with their participation has been determined by criminal, civil, administrative, etc. law professionals, not by arbitrators. The author considers it expedient to revive the SCC of the Russian Federation, in view of the fact that in some foreign countries, for example in the Federal Republic of Germany, there are several completely independent specialized judicial systems, apart from the system of courts of general jurisdiction. The author believes that it would be correct to create in our country four new completely independent specialized judicial systems: for civil cases, for consideration of commercial disputes, for administrative cases and for criminal cases; the system of courts of general jurisdiction must also be preserved, which will include the system of military courts as an autonomous system. Besides, separate federal specialized mono-courts should be created, such as: Patent, Digital Technology, etc. Of course, the Constitutional Court of the Russian Federation will remain.

Examining Transparency and Accountability in the Management of Constituency Development Catalyst Fund in Tanzania: The Case of Mwanga Constituency in Kilimanjaro Region

The Government of Tanzania is spending approximately TZS 12.5 billion annually for accelerating development projects at a constituency level, following the enactment of the Constituency Development Catalyst Fund (CDCF) Act of 2009. The Fund’s unique feature rests in its management by elected members of pparliament supposed to oversee executives. This has raised eyebrows among academics and practitioners on the accountability of its management. This study, therefore, examines accountability and transparency in the management of CDCF in Tanzania using the Mwanga Constituency as a case study. The study employed a crosssectional research design utilizing a qualitative approach. Semistructured interview guides were used for data collection, and the data were subjected to content analysis. The key findings of the study manifest secretive management practices of the Fund that limit access to information to citizens. These practices overlook sound governance principles, and are unhealthy for efficient and effective management of public resources. Furthermore, the means for holding entrusted officials accountable were primarily limited to the ballot box and judicial mechanism. The study appeals to relevant authorities to devise means that would give the legal community free access to information. Thus the study recommends meritocratic employment than political value-laden management of the fund so that the community gets value for their money.

Protection of labor rights of employees of international intergovernmental organizations: theory and practice

The article examines the issue of protection of labor rights of employees of international intergovernmental organizations by means of internal judicial mechanisms. It was noted that rights related to labor relations, including international civil servants, are guaranteed by the provisions of a number of international agreements in the field of human rights, in particular, the Universal Declaration of Human Rights of 1948 (Article 23), the International Covenant on Economic, Social and Cultural rights of 1966 (Art. 7-9). Institutional bodies, in particular, the United Nations Human Rights Committee, and the United Nations Committee on Economic, Social and Cultural Rights paid significant attention to them.
 It is emphasized that the protection of labor rights correlates with the right to social security and covers the right to access benefits, whether in cash or in kind, and enjoy them without discrimination in order to ensure protection.
 The practice of the Dispute Tribunal of the United Nations, the Administrative Tribunal of the International Labor Organization, the Administrative Tribunal of the Organization for Economic Cooperation and Development regarding consideration of labor disputes between the staff and the administration of the organization was studied.
 It is emphasized that the functioning of internal mechanisms and ensuring access to them is a guarantee of the protection of fundamental rights provided by international acts in the field of human rights. It is indicated that in order to establish the compliance of the internal justice systems of international intergovernmental organizations with international human rights law, the Index of Legitimacy of the Internal Justice Systems of International Organizations was created, since the internal mechanisms for resolving labor disputes may have differences due to the nature and directions of activities of an IGO, which in turn, may have an impact on compliance with the labor rights of its employees.

Inheritaged land dispute resolution process through litigation judicial mechanism in Gorontalo city

The phenomenon that occurs in land disputes every year has increased. This is evident from data from the Indonesian National Land Agency (BPN) which mentions around 2,865 cases of large-scale land disputes that have not been completed and have an impact on hampering the completion of registration and granting of land rights. Disputes can happen to anyone and anywhere. Disputes can occur between individuals and individuals, between individuals and groups, between groups and groups, between companies and companies, between companies and countries, between countries, and so on. The purpose of the study is a description of the settlement of inheritance land disputes through the litigation judicial mechanism in Gorontalo City. The research approach chosen in this study is descriptive qualitative with ethnographic research types. This type of research data consists of primary data and secondary data. Settlement of inheritance land disputes, then there are 2 (two) courts that handle it, namely the Religious Court and the District Court (General). Dispute resolution in court (litigation) is one of the most popular ways for some people in addition to the existence of out-of-court (non-litigation) dispute resolution methods, because the court is an institution that is trusted to provide binding solutions for justice seekers related to the problem at hand, but on the other hand some justice-seeking communities feel that their rights are violated if something goes wrong the authority to adjudicate from the court against the dispute it is trying. Cases of inheritance disputes in Gorontalo City, are not monopolized by the Religious Courts, but many residents who are in dispute inheritance take the route of district courts or public courts.

Hydrothermal synthesis of chalcostibite nanoflowers with enhanced visible light photocatalytic activity

A novel visible-light-driven CuSbS2 nanoflowers (CAS-NFs) catalysts were successfully synthesized through a low-cost and easy hydrothermal method. The unique point of our work is to investigate the photocatalytic activities of the synthesized catalysts and their use for environmental remediation. The as-synthesized CuSbS2 catalysts were carefully characterized by scanning electron microscopy, energy dispersive X-ray analysis, X-ray diffraction, and diffuse reflectance spectroscopy tools. Stoichiometric CAS-NFs were achieved for hydrothermal reaction temperature 150 °C and reaction time closer to 15 h. To check the photocatalytic activity of CAS-NFs, we have used two wastewater dyes, namely, methyl orange and rhodamine B under visible light irradiation. The results indicate that rhodamine B presented higher photocatalytic degradation as compared to methyl orange. Furthermore, the photodegradation rate over five sequential cycles as well as scavenging studies has been scrutinized for RhB dye under visible light. The results indicate its outstanding stability and reusability. Based on the results of radical’s scavenger experiments, we demonstrate that h+ and (•OH) radicals are the main reactive species. Lastly, a judicious mechanism was suggested to demonstrate the photocatalytic degradation process by the CAS-NFs for rhodamine B dye under Xe-lamp irradiation.

Trauma Forensics in Blunt and Sharp Force Injuries.

Trauma forensics is the concept of examining trauma from a medicolegal standpoint in a given jurisdiction. Blunt and sharp force traumas are classified based on the different mechanisms of causation, which have a medicolegal significance. Adopting a standard approach to the medical evaluation of such injuries in patients would serve both the purposes of rendering appropriate treatment and the documentation and preservation of medical evidence. However, most trauma cases are seen by medical practitioners with very limited forensic knowledge and skills, and they are still expected to meet the needs of the court or the judicial mechanism in subsequent legal proceedings. Therefore, some measures, including 10 practical considerations, which are applicable in attending to blunt and sharp force traumas, would limit the risk a clinician faces in the crossfire of medicine and law.

Models of Sentencing Children as Criminals (A Comparison of Several Countries)

The sentencing of children in the context of children as perpetrators of crimes has its own complexities and challenges. On the one hand, law enforcement must be carried out in preventing and tackling crime, on the other hand the perpetrators of crimes are children who are legally regulated in judicial mechanisms and special systems. The model for punishing children in Indonesia has basically been regulated through the Juvenile Criminal Justice System and the Child Criminal Law. However, this model of punishment by several studies and related studies is said to be not perfect and adequate. This study aims to analyze and compare models of punishment for children as perpetrators of crimes in three countries: Indonesia, Thailand, and the Philippines. The method used in this research is a normative legal study. This method is used to analyze and compare several model practices of child punishment in three countries. This study uses a comparative law study approach and a statute approach. The location of this research is not carried out through field research but through library research and document studies. Supporting data in this study were also obtained from various data on the internet and printed sources.

دور الامم المتحدة في تحقيق المصالحة

Over the years, the concept of UN reconciliation has evolved to meet the demands of various conflicts. The goals of UN reconciliation came to light at a time when the Cold War often paralyzed the work of the Security Council, and was limited primarily to providing substantive support to efforts to Not to go back to fight and conflict. We note that during the Cold War phase, reconciliation was intended for a specific type of international activity that includes the ability of the parties to fight or conflict to accept reconciliation with the consent of the concerned parties, through specific non-judicial mechanisms that may be through compensation or satisfaction. They are neutral mechanisms and do not depend on judicial mechanisms such as criminal cases. The international investigation committees, and others, were initially identified with two types: monetary compensation and satisfaction or an official apology..

Holding the Aggressor Accountable

Abstract The issue of the necessity to bring those responsible for the commission of crimes under international law during the ongoing international armed conflict in Ukraine, i.e., the aggressive war of the Russian Federation against sovereign Ukraine, does not raise any principal questions or doubts on the side of the international community. It is the matter of an appropriate forum, or fora to do so that needs to be properly addressed. This piece looks at possible judicial venues for holding the main ringleader of the aggressive war, namely, the President of the Russian Federation, and his closest high-ranking officials personally accountable for core crimes as a matter of individual criminal responsibility. Prospects for three judicial mechanisms, either already existing or potential, are reviewed and brief reflections are offered as to the realistic scenarios for each of those mechanisms given the status quo and ongoing developments.

The effectiveness of legal participation in the environmental conflict of the Rio Blanco Forest Reserve

The article presents the results of the case study of Rio Blanco and Quebrada Olivares Protected Forest Reserve, which started from the research problem that addressed the effectiveness of citizen participation in the conflict generated in the surrounding sector of the protected area. The methodological strategy was focused on a socio-legal investigation applying the principles of an empirical-analytical approach. Firstly, the study area and the legal and contextual background were described. Secondly, a conceptual approach of the main socio-legal referents that explain the environmental conflict generated in relation to the case study were addressed. Finally, the legal mechanisms that constituted the scenarios of citizen participation were carefully analyzed. It is concluded that in addition to mobilizing the exercise of judicial mechanisms, they generate socio-legal consequences around the internalization of rights, the transformation of the conflict and the legitimacy of legal compliance.

Renewal of WTO law and ensuring the right to international order: modern discourse

The article analyzes the essence of the international order and lists the participants in international relations that guarantee it. The system of law of the WTO, the history of its formation and current state are separately described, the necessity of its updating is substantiated and it is offered to carry out codification of norms of law of the WTO. For this purpose the actual legal basis of activity of the WTO is investigated, the basic normative documents are resulted. It seems that some ways of solving problems of the international order by diplomatic means and by providing consultations used by the WTO were justified in the context of the global economic crisis, COVID-19 and military aggression as temporary, but should give way to rule-making and judicial mechanisms of ordering the social processes in general and international trade in particular. As the maintenance of the international order depends only in part on such a separate subject of international law as the WTO, the main goals of sustainable development are also listed, the realization of which guarantees stability in the world, which should be the basis of modern international order. It is clear that the goals of sustainable development will be realized, thus bring stability to the international order, restore harmony in nature, balance in social relations will be specific individuals and communities, so understanding the essence of current global social processes is extremely important, and this indicates the relevance of the study.
 In general, this work is based on the assertion of the importance enshrined in Art. 28 of the Universal Declaration of Human Rights of December 10, 1948, the right of everyone to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Konsep Perlindungan Hukum Peradilan Bagi Anak Korban Kekerasan Dalam Rumah Tangga

The purpose of this study is first to find out how to protect legal protection for children who are victims of domestic violence. Second, to find out how the judicial mechanism is for victims of domestic violence. The research method is normative juridical, with a descriptive approach, namely the results obtained from this study are expected to provide an overview of legal protection for children as victims of domestic violence. The results of his research are legal protection for children as victims of domestic violence, namely the protection provided, including: providing legal assistance; confidentiality of the victim's identity; arrest of the offender with preliminary evidence; providing other assistance in the form of health services; rehabilitation efforts. The judicial mechanism for child victims of domestic violence is with the right handling and approach so that this problem can be handled properly, namely directed to the resolution of domestic violence crimes through restorative justice efforts to restore the rights of victims and relationships with the perpetrators.

The Protection of Tourism Sites as Cultural Heritage in Wetlands within the Framework of International Law

The article deals with the protection of cultural heritage in wetlands under international agreements. It highlights the concept of the cultural and natural heritage of wetlands, and then discusses the protection of the world cultural heritage of wetlands within the framework of UNESCO. The article also identifies cultural values under the Ramsar Convention. It focuses on the assessment of international protection of world cultural and natural heritage in wetlands. Finally, the article refers to the World Heritage of the Wilderness Wetlands. The article contributes to clarifying the absence of an independent legal framework for the protection of cultural heritage in wetlands. The Study concluded that international agreements do not establish explicit international obligations on states. Hence the need for an international convention dedicated to the protection of cultural heritage in wetlands. The study also concluded that there is no judicial mechanism to limit the deterioration of cultural heritage in wetlands.

Changes in the Legitimacy of Military Prosecutions in Indonesia (Case Study for the Establishment of a Junior Attorney General for Military Crimes at the Indonesian Attorney General's Office)

Military institutions throughout the country have a special judicial mechanism known as military justice. Judicial jurisdiction does not look at criminal acts based on the subject of the perpetrator, but based on the offense or crime committed. The formation of the organizational structure and working procedures of the Deputy Attorney General for Military Crime (Jampidmil) at the Indonesian Attorney General's Office can bridge the need for criminal prosecution of subjects of civil law and subjects of military law. This study aims to describe the change in the legitimacy of military prosecution in Indonesia with the establishment of a new work unit at the Indonesian Attorney General's Office, namely the Deputy Attorney General for Military Crimes. The type of research used is normative juridical. This research focuses on laws relating to the structure and how the process or procedures for enforcing military law in the military prosecution system.

The limits of discretion in the investigation and prosecution of war crimes at the international level: The Mavi Marmara saga

The article deals with the basic criteria involved in the selection of situations to be investigated and cases to be prosecuted before the International Criminal Court. These are examined in light of the goals of international criminal justice and the structural and evidentiary difficulties encountered by judicial mechanisms of international mission and composition. The analysis focuses on the limits of prosecutorial discretion at the level of international criminal justice. The Mavi Marmaraship incident is used hereto as a key point of reference.

RASIONALISASI PENGADILAN AGRARIA DI INDONESIA SEBAGAI SOLUSI PENYELESAIAN SENGKETA AGRARIA BERKEADILAN

The realization of justice in the land sector is a constitutional mandate as stated in article 33 of the 1945 Constitution of Indonesia. However, until now there have been many violations and agrarian conflicts that have occurred which is said to be extraordinary because in them there are structural conflicts and are related to the economic capabilities of certain groups. In order to realize a fair judicial mechanism in overcoming agrarian conflicts, a special institution is needed. This research initiats the Agrarian Court as a special court that has the authority to examine, hear, and decide on agrarian conflicts. The establishment of the Agrarian Court is solely aimed at realizing justice, legal certainty, and benefits in resolving agrarian conflicts and as an independent law enforcement institution. The method used in this study is normative juridical with a statutory and conceptual approach.

The European Court of Human Rights’ Approach to Causes of Iranians’ Asylum Applications in the light of Non- Refoulement Principle

Abstract One of the most important principles of asylum law is the principle of non- refoulement whereby a refugee should not be returned to his/her home country where his /her life or liberty would be at risk. Although this principle is not explicitly recognised in the European Convention on Human Rights (echr), the European Court of Human Rights (ECtHR), as oversight judicial mechanism of the convention, in its jurisprudence, with its extensive interpretation of Article 3 of the Convention, has made refugees subject to human rights protections. Some Iranians, knowing the importance of this article and the role of the Court in ensuring its observance, seek refuge in European states and eventually recourse to the Court alleging a breach of Article 3 obligations if extradited by a European state. The main question of this article is what is the court’s approach to the reasons for the Iranians’ asylum applications? Case by case study shows that religious, sexual and political reasons are the main reasons for Iranians seeking asylum and the Court has taken a low threshold for religious causes and taken an easy approach, while it has taken a strict approach to sexual and political causes with high thresholds.

Study on China’s Judicial Review Mechanism of the Administrative Emergency Acts under Critical Situations

In recent years, emergencies have appeared a high frequency of occurrence. And administrative emergency power has performed its powerful functions in minimizing personal injury or death or property losses caused by emergencies. However, the rapid expansion of administrative emergency power has also resulted in many improper or illegal problems during the enforcement process. Therefore, as an interest balance mechanism, when judicial power intervenes in emergency actions, special arrangements should be made on its specific rules to distinguish it from the judicial review of normal administrative acts, and the principle of balance and limit should run through the system construction to innovate and reconstruct the judicial emergency review mechanism, so as to give an effective play to the main function of judicial review mechanism in protecting human rights, supervising administration and coordinating public and private interests.