Legal Steps Research Articles

Fenomena Calon Tunggal dalam Pesta Demokrasi

Concurrent local elections to be held in December 2015, characterized by the dynamics of democracy and new political dynamics. Dynamics it is the birth of a single candidate in several areas that will carry out the election. It is on the one hand shows that the dynamics of democracy in the country increasingly show progress and our society is increasingly “literacy” and political savvy, but on the other hand it raises a new problem, namely whether the elections will be postponed or published decree. This happens because the legislators did not expect the birth of a single candidate. This fact shows that the lawmakers have not been able to make laws that meet the philosophical and sociological aspects of that legislation was well received presence in the midst of society without conflict and live longer. Because it is common to occur in Indonesia legislation only whole corn.Issues to be addressed in this study is what legal remedies in the face of a single candidate and how the legal steps to prevent the birth of a single candidate in the elections. This study is a normative legal research, using qualitative juridical analysis. The result showed that the legal solutions that can be done to deal with a single candidate is to 1). Exposes a single candidate with an empty tube, 2). Delay the election until the election outright in 2017. 3). Published the decree. While the legal steps that can be taken to prevent the birth of a single candidate is 1. Revise election laws, by adding specific chapter or article concerning a single candidate, 2. Increasing political education for the public and political party cadres and prepare the mature cadre in the party’s internal.

Hands Off My Regime! Governments’ Restrictions on Foreign Aid to Non-Governmental Organizations in Poor and Middle-Income Countries

Many resource-strapped developing country governments seek international aid, but when that assistance is channeled through domestic civil society, it can threaten their political control. As a result, in the last two decades, 39 of the world’s 153 low- and middle-income countries have adopted laws restricting the inflow of foreign aid to domestically operating nongovernmental organizations (NGOs). Governments recognize that such laws harm their international reputations for supporting democracy and may invite donor punishment in terms of aid reductions. Yet, they perceive foreign aid to NGOs as supporting political opponents and threatening their grip on power. In the aftermath of competitive electoral victories, governments often take new legal steps to limit these groups’ funding. We test this argument on an original dataset of laws detailing the regulation of foreign aid inflows to domestically operating NGOs in 153 low- and middle-income countries for the period 1993–2012. Using an event history approach, we find that foreign aid flows are associated with an increased risk of restrictive law adoption; a log unit increase in foreign aid raises the probability of adoption by 6.7%. This risk is exacerbated after the holding of competitive elections: the interaction of foreign aid and competitive elections increases the probability of adoption by 11%.

Strengthening Biosecurity in Iraq: Development of a National Biorisk Management System

Since 2004, the Republic of Iraq has undertaken a concerted effort to comply with all of its international obligations to prevent the proliferation and the use of chemical, biological, radiological, and nuclear (CBRN) weapons. A centerpiece of this effort is Iraq’s development of a National Biorisk Management System. The Iraqi National Monitoring Authority (INMA), which is responsible for CBRN security and non-proliferation in Iraq, has played a key role in establishing this system. This article provides an overview of Iraq’s international non-proliferation commitments, describes the legal and organizational steps it has taken to implement these commitments, and examines current initiatives to strengthen Iraq’s biosecurity.

Altering the Australian Constitution

This book chapter examines the process of altering the Australian Constitution focusing on the 1999 Republican Referendum. It considers both the legal and political steps for constitutional amendment, including, that proposals for change are put into the public consciousness by Federal parliamentarians, and critical steps here include an initiation of proposals, selection of a model, choosing the question, informing the people and holding a referendum.

The World Trade Organization and the Future of Multilateralism

When the General Agreement on Tariffs and Trade was signed by 23 nations in 1947, the goal was to establish a rules-based world trading system and to facilitate mutually advantageous trade liberalization. As the GATT evolved over time and morphed into the World Trade Organization in 1993, both goals have largely been achieved. The WTO presides over a rule-based trading system based on norms that are almost universally accepted and respected by its 163 members. Tariffs today are below 5 percent on most trade, and zero for a very large share of imports. Despite its manifest success, the WTO is widely regarded as suffering from a deep malaise. The main reason is that the latest WTO negotiation, the Doha Round, has staggered between failures, flops, and false dawns since it was launched in 2001. But the Doha logjam has not inhibited tariff liberalization—far from it. During the last 15 years, most WTO members have massively lowered barriers to trade, investment, and services bilaterally, regionally, and unilaterally—indeed, everywhere except through the WTO. For today's offshoring-linked international commerce, the trade rules that matter are less about tariffs and more about protection of investments and intellectual property, along with legal and regulatory steps to assure that the two-way flows of goods, services, investment, and people will not be impeded. It’s possible to imagine a hypothetical WTO that would incorporate these rules. But the most likely outcome for the future governance of international trade is a two-pillar structure in which the WTO continues to govern with its 1994-era rules while the new rules for international production networks are set by a decentralized process of sometimes overlapping and inconsistent mega-regional agreements.

Régi-új kihívások: szegénység, migráció, bűnözés


 
 
 
 Majd tíz évvel ezelőtt a környezeti változások és a kriminalitás összefüggéseit vizsgáló írás jelent meg Domokos Andrea tollából. A cikk azt mutatta be, hogy a természeti erőforrások szűkössége mennyiben járul hozzá a társadalmi konfliktusok kiéleződéséhez. Jelen tanulmány szerzői hasznosnak vélik az akkor megfogalmazottak továbbgondolását, az időközben felmerült problémák értékelését. A menekültkérdés immár nem elméleti probléma számunkra, hanem Magyarország határain feltorlódó embertömegeket jelent, ami a közrendünket és a közbiztonságot nemcsak veszélyezteti, hanem ténylegesen sérti is. Büntetőjogi, kriminológiai megközelítéssel természetesen nem áll módunkban a valódi megoldást jelentő szociálpolitikai, oktatáspolitikai, kultúrpolitikai kérdéseket megválaszolni. A migráció világszintű politikai egyeztetést, helyi szintű integrációs politikát, határozott értékválasztást igényel. Szakmánk okán mi a büntetőpolitikai oldalról vizsgáljuk a kérdést.
 
 
 

Hospitalisation sans consentement : fondements éthiques, contraintes et justice procédurale

ObjectiveTo review current state knowledge about the ethical foundations of Compulsory Hospitalization (CH) along with the notions of context-related coercion and procedural justice. MethodLiterature review. ResultsPsychiatric disorders may jeopardize the capacity to self-control and make autonomous decisions. Initiating a CH is then guided by the principle of benevolence, which justifies the freedom restriction by the assumption that the patient will draw potential benefit from the hospitalization. Psychiatric care without consent does not overlap care under coercion. This coercion may be applied by several legal steps: legal coercion, objective coercion, perceived and accumulative coercion. Procedural justice may be seen as the patient's perception to be part of a respectful and fair decision process. ConclusionThe implication of patients in the decision-making process of CH through procedural justice-based strategies (health care directives, judicial hearings) should be favoured to restrict their perception of coercion.

Inversion

American corporations are inverting, or moving their tax domicile, to escape having their consolidated group earnings ensnared in the globally oriented IRS tax system. Inversions require tricky legal steps that may necessitate changing the headquarters location, concentrating certain operations outside of the United States, and complying with any number of foreign rules, including tax rules. The decision to invert requires planning and effort. Two things are evident: from the inversion steps to the secondary effects, the devil is in the details; and brilliant moves at inversion today may appear shortsighted and expensive if the United States changes the IRS tax regimes that provoke so many American corporations to consider the strategy. © 2015 Wiley Periodicals, Inc.

Exploring the Socio-cultural Context of Dowry Practice in Bangladesh

This paper focuses on socio-cultural context of dowry practice in Sylhet city of Bangladesh. By using qualitative methods twenty one dowry victims were selected purposively from three prominent organizations working with victims of dowry. In-depth interview schedule was used as a tool of data collection. Dowry is one of the most common forms of gender based discrimination in Bangladesh. Every year thousands of women used to face serious social, psychological and physical torture due to dowry related dispute. Even though they become the victim of acid violence; sometime some are killed by their husband and their in-laws. But practice of dowry is not similar in all the region of the country due to social, economic and cultural conditions. People are very likely to see it as a custom rather than an offence. Due to fear of losing social status, ignorance, improper or no idea about legal procedure and conservative social attitude they are less interested in seeking legal steps against their husbands and in-laws. wide range of impact over the society, especially brutal to women. It is something unethical and unsocial that people use as a weapon against other family when they get agreed to be related. It is estimated that one-third of the population live below the poverty line and unable to manage two meals per day. This poverty-ridden portion is almost rootless, live in slums or in the open air, have no strong family bondage or responsibility. Society is still dominated by the male, and women are less empowered to take decision in case of marriage, divorce, property maintain etc. Weakness in marriage registration process, early marriage and polygamy is comparatively easy that is one of the root causes of dowry in Bangladesh. Marriage among Muslim is civil and contractual, whereas it is sacramental and eternal for Hindus. The custom of dowry as prevalent in Bangladesh presents a typical dilemma for the 'universalism and cultural relativism' debate. Dowry is considered to be an ancient practice associated with the institution of marriage in Bangladesh, which in very broad terms involves the giving of gifts from the bride's side to the groom's side at the time of marriage.

From paranoia querulans to vexatious litigants: a short study on madness between psychiatry and the law. Part 2.

The second part of this paper examines the history of querulous paranoia and vexatious litigation in the English-speaking countries from the nineteenth century to today. This study suggests that the lack of thorough research on querulous paranoia in these countries is due to a broad cultural, legal and medical context which has caused unreasonable complainants to be considered a purely legal, rather than a medical issue. To support this hypothesis, I analyse how legal steps have been taken throughout the English-speaking world since 1896 to keep the unreasonable complainants at bay, and I present reasons why medical measures have scarcely been adopted. However, I also submit evidence that this division of responsibilities between the judges and the psychiatrists has taken a new turn since the dawn of the twenty-first century.

STRATEGI HUKUM DAN PENERAPAN PARTISIPASI MASYARAKAT DALAM PENYELESAIAN SENGKETA BATAS DAERAH DI SUMATERA SELATAN

The long conflict on the regional border causes loss to a country, especially in terms of economic, and threatens the defense and security of the country. The purpose of this study is to analyze and formulate the legal step that can be taken to resolve the regional border conflict resulting from the regional expansion and to formulate a model for the community participation in resolving the border conflict in their region. The method used in this research is legal normative by analyzing and studying the regulations of law related to the regional expansion and by studying and analyzing the legal materials used by each party conflicting to claim the border in dispute. The result of the research concludes that: First, the legal strategies that can be taken to resolve the border conflict can refer to the Law No. 12 of 2008 on Regional Government and the Regulation of the Minister of Home Affairs No. 76 of 2012 on the Guidelines on the Regional Border Confirmation and the last measure that can be taken is the settlement through the Constitutional Court. Second, the active involvement of the community in the region in dispute must be encouraged in each process of the regional expansion proposition.

Legal Issues Related to Options for a Regional Seas-Type Arrangement for the Arctic Ocean

This legal brief commissioned by the Natural Resource Defense Council (NRDC) responds to five legal questions related to the opportunity to institutionalize Arctic cooperation through the adoption of a legally binding agreement: 1. What changes would be required in order to allow the Arctic Council (AC) to host an Arctic Regional Seas agreement along the lines of the Convention for the Protection of the marine Environment of the North-East Atlantic (OSPAR)? 2. What changes would be required in order to allow the Arctic Council (AC) to administer an oil spill liability scheme and oil pollution liability fund (i.e. ability to enter into contracts, etc.)? 3. Alternatively, if the Arctic governments negotiated a regional seas agreement separately, would it be possible to then forge a 'link' to the Arctic Council? 4. What legal steps are required to bring the existing AC agreements under the new agreement? 5. What legal options exist in order to deal with the participation of…permanent participants?…Arctic states without access to the Ocean (sensitivity)?…non-Arctic states in the context of the adoption of a ocean agreement?

Threat Assessment of Potential Terrorist Attacks to the Transport Infrastructure

The paper presents threat assessment of potential terrorist attacks to the transport infrastructure. The range of transportation infrastructure has spread and includes railway, inland waterways, road, maritime, air, intermodal transport infrastructure and intelligent transport systems (ITS). ITS service is the provision of an ITS application through a well‐defined organisational and operational framework with the aim of contributing to the user safety, efficiency, comfort and/or to facilitate or support transport and travel operations. Terrorism means acts of violence committed by groups that view themselves as victimized by some notable historical wrong. Although these groups have no formal connection with governments, they usually have the financial and moral backing of sympathetic governments. Typically, they stage unexpected attacks on civilian targets, including transport infrastructure, with the aim of sowing fear and confusion. Based on the analyses, transportation infrastructure is potentially threatened with terrorism attacks, especially road and rail infrastructure (about 23%), and to a smaller degree the maritime and air transport infrastructure (about 2%). There were 90.3% of incidents involve land transport (74.5% – vehicles, 9.5% – buses, 6.3% ‐ rail) covered the 41‐year period 1967‐2007 in the U.S.. Legal steps to fight terrorism have been taken on the international level, furthermore, some institutions have been established for this purpose.

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Milliken takes legal steps to curb patent violation

Milliken has filed multiple lawsuits to protect the intellectual property behind its sorbitol-based Millad clarifying agents. The company says it is taking ‘vigorous action’ against several unnamed Asian companies that it believes have infringed one or more of its patents through the sale of competitive 3,4-DMDBS products.

Explicando la corrupción judicial en las cortes intermedias e inferiores de Chile, Perú y Ecuador

Este artículo identifica las principales variables que explican la corrupción judicial en jueces inferiores y cortes intermedias de Chile, Perú y Ecuador. Refinando la metodología existente para la medición de la corrupción judicial e incorporando variables endógenas y exógenas al modelo, se propone que la formación profesional de los jueces, el respeto a la carrera judicial y el grado de fragmentación del poder en la arena política explican diferentes grados de corrupción judicial. A través de un modelo comparativo diacrónico y sincrónico de Chile, Perú y Ecuador, el artículo también constata que diseños institucionales en los que existen mayores instancias de impugnación o un mayor número de procedimientos, suelen ser más proclives a pagos ilegítimos u otras formas de corrupción judicial.AbstractThis article identifies the main variables that explain judicial corruption in Chile, Peru, and Ecuador. Improving the current methodological strategies used to measure judicial corruption and incorporating endogenous and exogenous variables in the model, this article argues that legal training of the judges, respect for the judicial career, and the fragmentation of political power explain different degrees of judicial corruption. Through a comparative diachronic and synchronic research design of Chile, Peru and Ecuador, the article shows institutional designs with more legal steps will be more inclined to illegal payments or other types of judicial corruption.

The Myth of Location Privacy in the United States: Surveyed Attitude Versus Current Practices

In the United States, legal steps have been taken to protect personal privacy, which is viewed as an individual's fundamental right. Location privacy (i.e., protection of personal and location information), however, has not received equal attention in the legal system. Given the recent popularity of location-based services (e.g., cell phones), it is possible to obtain an individual's location information easily and precisely. An investigation of public perception of privacy in the United States indicated that survey responders (1) were unaware of legal implications of location privacy violation and (2) believed that there should be location privacy protection similar to that provided by the Health Insurance Portability and Accountability Act and the Family Educational Rights and Privacy Act.

Empowerment, Defiance, and Demise: Jews and the Blood Libel Specter under Stalinism

By examining different cases of blood libels that occurred from the 1920s through the decade following Stalin’s death, this study suggests that the ritual murder accusation in the Soviet Union dwindled at first, then intensified, and eventually underwent an idiosyncratic and secular metamorphosis that culminated with the 1953 “Doctors’ Plot” accusation: the denunciation of a group of prominent and predominantly Jewish doctors for allegedly conspiring to murder Soviet leaders. While the blood libel was generally prosecuted in the interwar period, in the postwar years it was usually ignored, though perhaps indirectly encouraged. Jews—as well as local authorities—reacted in a variety of ways to allegations of ritual murder. But overall, it was the status, power, and influence that Jews held in a given city or town at the time of a concocted accusation that determined their responses to the blood libel and that shaped the legal provisions and enforcement steps taken by the party, police, and civil authorities.

SAFETY OF INFORMATION AND COMMUNICATION SYSTEMS. QUESTIONS OF TERMINOLOGY AND BASIC DEFINITIONS

The article analyzes the regulatory provision and describes the basic questions of terminology' and definitions of information security. Studied history and legal steps to create a regulatory framework of information technology and security.

Female Genital Mutilation in Uganda: A Glimpse at the Abolition Process

AbstractThis article looks at three legal steps that have been taken in Uganda to abolish the practice of female genital mutilation: (1) a process during the drafting of the constitution that resulted in the enactment of different constitutional provisions that implicitly rendered female genital mutilation unconstitutional; (2) the declaration by the Constitutional Court in the case of Law and Advocacy for Women in Uganda v Attorney General in July 2010 that the practice is unconstitutional; and (3) the enactment in April 2010 of the Prohibition of Female Genital Mutilation Act. This article highlights some of the challenges that are likely to be encountered in enforcing both the Constitutional Court decision and the Prohibition of Female Genital Mutilation Act.