Legal Territory Research Articles

Transnational Experts Wanted: Nigerian Oil Spills before the Dutch Courts

Abstract This analysis recapitulates the Hague Court of Appeal’s decisions in a series of lawsuits brought by Nigerian farmers against Dutch oil giant Shell. The ruling upholds Shell’s civil liability for the pollution ensuing from several oil spills and has been widely hailed as a blueprint for similar claims before European courts. Beyond these headlines, the judgment charters unexplored legal territories and elicits burning questions about judicial and environmental expertise in complex transnational settings. I propose a three-pronged analysis to cut through this complexity. First, the case deals with the international ‘anchor’ jurisdiction of Dutch courts over claims against foreign defendants. Secondly, the ruling marks a significant contribution to the jurisprudence on tort liability across corporate structures. Finally, the verdict sheds a new light on the interplay between environmental rights and tort actions. The confluence of these three perspectives projects a kaleidoscopic vision of environmental liability across borders.

Pravni položaj žene u Predosnovi građanskog Zakonika za Kraljevinu Jugoslaviju

The paper examines the legal position of women in the Kingdom of Yugoslavia, with emphasis on the reforms proposed in the Draft Civil Code for the Kingdom of Yugoslavia. The legal system of Yugoslavia was not unified and therefore the position of women differed from one legal territory to another. The paper briefly reviews legislation in the six Yugoslav legal territories with emphasis on unfavourable norms which required reforms. The Draft is analysed in detail. It enacted complete legal capacity for married women, equal inheritance rights for male and female children and improved inheritance position of widowed spouses. Adoption of a modified separate property system and diminished parental rights of mothers are considered as drawbacks of the Draft. Special rules for inheritance in rural areas and Sharia law (mandatory for the Muslim minority) are analysed as exceptions from the Draft Civil Code. Legal theory opinions on the legal position of women that were presented during the public debate on the future Civil Code are also reviewed. The conclusion analyses the appropriateness of the Draft in the context of social and political circumstances in the Kingdom of Yugoslavia.

How can the United States counter China’s claims in the South China Sea?

Over the past decade, tensions between the United States and the People's Republic of China have increased due to the situation in the South China Sea. The tensions between the two countries are the result of the Chinese military campaign in the South China Sea, which aims to execute its territorial claims over a large percentage of the region, including sovereign territories. The tensions have inevitably generated uncertainty and fear in the international community due to the possibility of a direct conflict between the two countries in the future. Considering the economic, commercial, and strategic importance of the South China Sea, the United States wants to support its regional allies to keep their legal territories unaffected, peacefully resolve disputes, and preserve the norms of international law in this area. A direct confrontation between the United States and the People's Republic of China could cause historic instability and unprecedented damage to the world. For these reasons, in this text I will analyze what options exist for the United States to counter China's territorial and maritime claims in the South China Sea. For such an analysis, I will examine a strategy involving direct military conflict, a containment strategy, and an offset strategy.

Feminism’s Last Frontier in the Quest for Social Theory: American Stand-up in the Age of Political Correctness

The socio-cultural status of stand-up comedians allowed them to comment with impunity on sensitive social issues, giving them the ability to normalize and abnormalize certain societal behaviors and beliefs. This Foucaultian social tool attracted the use of many historically disenfranchised groups on the merits of sexuality and race. Feminists noted a gender discrepancy in pay and appearance in the hierarchy of this industry and attributed it to systemic flaws, not just with the industry but with humor’s theoretical and conceptual structures. The aim of this research work is to assess the impact of their ideological quest for a new theory of humor on the integrity of American stand-up comedy. The application of Peterson’s “Political Correctness Game” framework suggests that there are possible ulterior motives behind calls to change the foundational structure of American stand-up. The problem that this paper attempts to address is whether calls for inclusivity in the framework of intersectionality theory in humor can be characterized as a legitimate call to limit, what the feminist labeled, as acts of hubris and humiliation against victimized minorities? Or are these calls permeating into dangerous social and even legal territories, where comedians’ rhetoric is regulated and their artistic freedom is infringed upon? This paper contended that feminist calls for a new theory of humor derived from intersectionality lens would only create “echo chambers” of already like-minded individuals, rather than exerting social change through the subaltern social power that can be generated from stand-up humor.

Tele-robotics and artificial-intelligence in stroke care

In the last forty years, the field of medicine has experienced dramatic shifts in technology-enhanced surgical procedures – from its initial use in 1985 for neurosurgical biopsies to current implementation of systems such as magnetic-guided catheters for endovascular procedures. Systems such as the Niobe Magnetic Navigation system and CorPath GRX have allowed for utilization of a fully integrated surgical robotic systems for perioperative manipulation, as well as tele-controlled manipulation systems for telemedicine. These robotic systems hold tremendous potential for future implementation in cerebrovascular procedures, but lack of relevant clinical experience and uncharted ethical and legal territory for real-life tele-robotics have stalled their adoption for neurovascular surgery, and might present significant challenges for future development and widespread implementation. Yet, the promise that these technologies hold for dramatically improving the quality and accessibility of cerebrovascular procedures such as thrombectomy for acute stroke, drives the research and development of surgical robotics. These technologies, coupled with artificial intelligence (AI) capabilities such as machine learning, deep-learning, and outcome-based analyses and modifications, have the capability to uncover new dimensions within the realm of cerebrovascular surgery.

Urgenda: the Final Judgment of the Dutch Supreme Court

The final verdict to the Urgenda case provided by the Dutch Supreme Court has been called a victory in the fight to limit climate change and a milestone in public interest litigation, at least in the Netherlands. As a consequence, the Dutch state will have to reduce ghg-emissions by 25% compared with 1990 at the end of 2020. The judgment has attracted widespread acclaim for being ‘courageous’ and exploring unknown legal territory. However, a closer look at the reasoning of the Court of Appeal and the Supreme Court still leaves many questions, which are address in this manuscript.

PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG DI WILAYAH HUKUM POLDA LAMPUNG

ABSTRACT The social phenomenon that occurs today still encountered cases related to the crime of trafficking in the Legal Territory of Lampung Police. Problems in this research are: How the application of criminal sanctions against perpetrators of trafficking in persons in the Legal Territory of Lampung Police. What is the law enforcement effort in handling the criminal acts of trafficking in the Legal Territory of Lampung Police. Based on the results of research and discussion shows that the application of criminal sanctions against perpetrators of trafficking in persons in the Legal Territory of Lampung Police conducted by arrest by Ditreskrimum Lampung Police against the suspects committed criminal acts as the fulfillment of material elements in Law Number 21 Year 2007 on Eradication Criminal Acts of Trafficking in Persons, Legal proceedings carried out by Police investigators of Lampung to court stage with the achievement of Court Decision with the sentence of imprisonment and fine to the Defendant. The form of the application of criminal sanctions is based on errors that comply with the elements of the law and there is no reason for the elimination of the unlawful nature of the action, the deliberate element by the perpetrator (dolus) so there is no justification or excuses for him to avoid punishment. Law enforcement efforts in combating trafficking of persons in the Legal Territory of Lampung Police are carried out using non-penal means and penal means. The non-penal approach is carried out by counseling, social education in order to develop the social responsibility of citizens aware of the crime of trafficking in persons, legal counseling, resocialization, workshops, etc., especially in environments prone to crime, handling crime objects. Penal Approach is done by legal effort that perpetrator of criminal trafficking of people is processed by law based on the provisions of legislation up to court level and execution in order to get criminal sanction and guarantee legal certainty in society.Keywords: Implementation, Sanctions, Criminal Acts, Trafficking

Faktor yang Berhubungan dengan Kecelakaan Lalu Lintas Pengemudi Sepeda Motor di Sumba Barat

Transportation is a very important part of human life. In fact, the existence of a vehicle can improve all human activities in carrying out the occupied routine, but problems arise such as traffic jams and increased traffic accidents. The Minister of Transportation stated that 4 (four) people died every day due to traffic accidents, 72% occurred in Indonesia and 73.9% involved motorbikes. The incident was an indication that motorbikes were the main cause of traffic accidents and contributed the most victims. The traffic accident data of the East Nusa Tenggara POLDA in 2018 showed a trend of increasing traffic accidents in 2018. The level of population mobilization in the legal territory of the West Sumba POLRES is relatively high. Based on the annual report book of West Sumba POLRES in 2018 there have been traffic accidents with 126 cases. The study aims to determine the factors associated with motorcycle driver traffic accidents in the area of West Sumba POLRES in 2019. This type of research is a quantitative study using a cross-sectional study approach. This research was conducted at the West Sumba Police Resort with a sample of 53 people. Analysis of the data used the chi-square statistical test. The results of this study indicate that the factors associated with traffic accidents are age (p = 0.004), behavior (p = 0.008), and lamp conditions (p = 0.005).

THE ISSUE OF SANDŽAK IN THE CONTEXT OF DEMOCRATIC TRANSITION AND THE CREATION OF NEW STATES IN SOUTHEAST EUROPE

The paper introduces the geographic, ethnic and political and legal territory of today's Sandžak. The aim is, primarily, to point out the problem of the status of Sandžak in the context of the democratic transition of the newly established states in the Southeast Europe. The authors indicate that the civilization framework of Sandžak has been systematically exposed for deliberate destruction during the years, which has been manifested by political and sociological changes, distortion of demographic balance and, in particular, by the disappearance of a significant number of cultural characteristics of the Bosniak national substance, all with an aim of suppressing their existence in this region, which is explained by Belgrade and Podgorica strategic influences and plans to diminish its current subjectivity and legal and political status.As a historical continuity in terms of subjectivity, from time to time, Sandžak has changed its status, depending on the context it belonged, and often in unequal circumstances, it existed in different forms as an important center, in the context of history, in all major unrests in Europe and the region. Nowadays, it exists as a region, and its recent division into Northern and Southern part came about following the independence of Montenegro, thus causing an artificial division of this ethnic area.By applying scientific-research, analytical-synthetic and comparative methods, which, as methodological procedures, enable detection, discovery and examination of scientific truth, the paper also pinpoints the consequences of international implications that are still existing. This confirms that the causes should be sought not only in the symbolic democracy of the countries in which Sandžak is currently located, but also in the lack of interest of Brussels towards this region, and in the incompetence of international entities which, by imposing European standards and modern projects, in fact contribute to the destruction of Bosniak identity in this region. Application of the observation method, the generalization method, and the Delphi method based on the logic and the utilization of acknowledged and affirmed opinions of reputable experts in this field have also contributed to this standpoint.From the aspect of scientific predictions, the authors express their view that the process of European integrations in the countries of the Western Balkans will increasingly affect the solution of the issue of Sandžak and the general aspiration of its people for independence.

As emoções em campo jurídico: o argumento da experiência vivida

Este artigo propõe uma discussão no domínio da argumentação e da retórica, a partir da análise de um julgamento em Segunda Instância de um tribunal brasileiro, acerca de um dano moral, num caso de falso-HIV. O texto se empenha em mostrar de que forma a experiência pessoal de um magistrado interfere na formação do entendimento de uma sentença, sem que isso signifique um movimento falacioso no processo jurídico. Para isso, o artigo traça um rápido percurso em diferentes formas de racionalidade (lógica formal, lógica informal, argumentação em contexto de interação), buscando situar o campo epistemológico no qual a discussão proposta se situa. Em seguida, discute-se a construção da racionalidade em território jurídico, apontando as características de um enunciado no campo das leis, além de se refletir sobre o Direito como território fértil para a construção argumentativa de sentenças. O trabalho apresenta ainda, no estudo de caso, o “argumento da experiência vivida”, o qual nos leva a refletir sobre o quão próxima está a “letra” do “espírito” da lei. Com respaldo na discussão teórica suscitada, convidamos autores como Plantin (2011; 2016), Perelman (1989; 1990; 1999; 2002), Angenot (2008), Doury (2003), entre outros especificamente do território jurídico, para nos ajudar na empreitada de discutir o papel das emoções nos textos da lei.

Sense and Sensibilities: A Feminist Critique of Legal Interventions against Sexual Violence

Feminists have spent decades trying to reform laws and evidential procedures relating to sexual assault. Using the current Scottish context as a case study, I will argue that while efforts to reform the text of the substantive as well as evidential and procedural aspects of the law have been largely successful, in practice the impact of these reforms has not always been felt. Drawing on contemporary examples from Scotland, and setting these within the broader context of similar problems and arguments in other jurisdictions such as England and Wales, Australia and Canada, I will examine the ways in which the ‘laws on the books’ have not always translated smoothly through to ‘law in action’. The aim is to highlight an ongoing failure on the part of those charged with applying the law (judges, legal professionals, juries) to do so appropriately, raising the question of whether it makes sense for feminist scholars to try to engage with what seems like the entrenched ‘sensibilities’ of criminal law. It may well be that the contemporary battle ground is not over legal territory as such, but over whose voices are heard in public debates on sexual violence. Ultimately, I argue that our all too frequent failures to punish sexual violence in a meaningful way suggests that we need to think again about how we deal with issues of sexual violence in contemporary society.

Interaksi Antara Negara Dan Desa Adat Dalam Konstruksi Negara Kesatuan Republik Indonesia

Indonesia is a unitary state that determines all regions of the country without exception constituting a unity of administrative and legal territory. However, in the territory of Indonesia there are also regions and unity of customary law communities, in this case the traditional village which has special characteristics that are special because it has existed before the formation of the State and has the right of origin in the administration of its government, and is recognized and respected by the State, so that the interaction between the State and customary villages allows conflicts between State law and customary law and traditions in the administration of government. For this reason, an ideal interaction between the State and the traditional village is needed which can create harmony and balance between the Country and the traditional village.

Pharmacists face murky legal territory over concept of unresolvable ‘red flags’

Pharmacists face murky legal territory over concept of unresolvable ‘red flags’

State Anti-Sanctuary & Immigration Localism

A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government’s efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, in this federal anti-sanctuary campaign, localities have mainly prevailed on federalism grounds, based in the Tenth Amendment’s anti-commandeering and anti-coercion doctrines. In the past year, however, the battle lines have shifted with the proliferation of state level laws that similarly seek to punish sanctuary cities. States across the country are directly mandating local participation and courts thus far have upheld those state policies. These laws, like Texas’ SB 4, prohibit local sanctuary policies and impose severe punishments on the cities and officials that support them. This new state vs. local terrain creates doctrinal, political and normative implications for the future of local government resistance to immigration enforcement, which have thus far been under-theorized in immigration law scholarship. This Essay seeks to change that. This Essay is the first to focus on this emerging wave of state anti-sanctuary laws. In so doing, it makes four contributions. First, descriptively, the Essay documents the upsurge of anti-sanctuary laws that have appeared across the United States, and explains how they differ from prior state enforcement efforts. Second, doctrinally, it argues that the passage of these laws nudges sanctuary cities to unchartered legal territory in immigration law—localism. Under conventional localism principles, state anti-sanctuary laws are in a position to more fully quash local sanctuary policies and effectively conscript local officials into federal immigration enforcement. However, as the Essay’s third point contends, the draconian structure of state anti-sanctuary laws provides a unique context in which to advance what we call immigration localist claims and protect three distinct interests that concern local governments—structural integrity, accountability and local democracy. Fourth, as a normative matter, the Essay contends that immigration localism provides a more accurate descriptive and theoretical account of how current immigration enforcement operates and promotes community engagement on immigration enforcement. Specifically, the reorientation towards localism accounts for the powerful role that cities play in immigration enforcement and decenters the federal government’s dominant role in immigration enforcement. To be sure, this Essay recognizes that casting our theoretical gaze towards local discretion may end up emboldening the most exclusionary impulses of localities and supporting local anti-sanctuary policies. In the long run, however, local discretion in immigration enforcement is likely to better serve the interests of noncitizens and citizens alike.

Consumption Habits Regarding Movies

Purpose – This paper aims to explore the main characteristics of the home cinema as well as to study the various influences on the choices regarding watching movies at home. All the while the paper also seeks the answer to find out what opportunities could be pursued for the sake of leading the consumers back to the legal territory. Methodology – Apart from the literature review, the study contains a secondary research that was conducted by collecting torrent tracker data from an aggregating website for a five-year period, from which the user base data was separated and highlighted. Findings – The paper presents an overview of some literature regarding movie consumption and points out the main classical behavior tropes that are also applicable to the case of watching movies as well as some potential alternative method – which could prove to be viable even with users who commonly tend to use illegal downloads to obtain movies – that could switch up the current ones. Research limitations – The goal is to expose the main theoretical correlations, while the primary research is not part of the paper, thus, further primary research is needed in the future to provide more insight into the thought process behind the choices of movie consumers. Value – The paper explores the movie related decision making process as well as it tries to gain an understanding about the main mechanisms behind movie industry related phenomena. Classification – Conceptual paper.

Dancing with wolves: Making legal territory in a more-than-human world

As human codings of animals are often simultaneously legal and spatial, it may be useful to bring together the animal geographies literature and scholarship on legal geography. Through a case study set in southwest Finland, we explore the emergent and fraught entanglements of wolves, humans and sheep, characterizing the attempts at the regulation of the wolf as entailing tense biopolitical calculations between the contradictory legal imperatives of biodiversity and biosecurity. Under the former, the wolf must be made to live; under the latter, it may need to die. These are worked out in and productive of two territorial configurations: the everyday spaces of encounter (real or imagined) between wolf and human, and the propertied territories of sheep farming. While human imperatives and anxieties are clearly central to these spatializations, we also seek to give the wolf its due, noting its important role in the making of legal territories. The coproduction of law and space, we conclude, offers important ethical lessons for humans in their relations to the wolf, as well as directing us to the need for more capacious thinking regarding territory.

European Banking Union: Imperfect, But It Can Work

European Banking Union (EBU) is an odd construction born of compromises and shaped to fit into legal territory bounded by EU Treaty constraints that cannot be adjusted in the current political environment. Can EBU work in spite of the limitations of its design or is there dangerous papering over the cracks? This paper addresses this question by examining the capacity of the EBU to help stabilize the euro area and to contribute to the reversal of current trends towards fragmentation and renationalization of financial markets. The paper looks closely at the design of both the Single Supervisory Mechanism and the Single Resolution Mechanism, on which the EU legislative Institutions reached agreement in April 2014. From this analysis the paper builds the case for the claim that the legal framework for the two mechanisms is sufficiently robust for the new arrangements to have the authority and credibility to rebuild confidence and, in that way, to contribute to the reversal of the trend towards EU financial market disintegration.

Legal regulation of the institute of notary public in the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia)

In the Kingdom of Serbs, Croats and Slovenes existed six different legal territories. Due to legal particularism the institute of notary public existed only in those parts of the state that were former Austro-Hungarian territories: Voivodina, Croatia and Slavonia, Slovenia and Dalmatia. In other territories in the common Yugoslav state the institute of notary public was unknown. The basic question regarding the institute of notary public was whether it should be retained in the legal system of Kingdom of Serbs, Croats and Slovenes. After the positive outcome of the survey conducted by the Ministry of Justice, it was decided to adopt a law on notaries, which would apply to the whole state territory. The author in the first part of the paper reviewed the regulations on notary public that were in force in the territory of Voivodina until the adoption of unified law on public notaries. Then the author analyzed the provisions of the Law on Notary Public of Kingdom of Yugoslavia enacted in 1930. However after the adoption of unified Law on Notary Public, it did not enter the force in all parts of the state as it was planed. The issue of justification of the existence of notary public appeared again in the professional public. The lawyers considered that notaries got extended powers and therefore sought to abolish the institution of public notaries. On the other hand the Association of Notaries Public of the Kingdom of Yugoslavia fought for the retention of the institute emphasizing all its advantages.

Codes of Conduct as Private Legal Transplant: The Case of European Extractive MNEs

AbstractCorporate social responsibility is a dynamic area that cuts across a multitude of disciplines. This paper combines the notion of Corporate Social Responsibility (CSR) with the theory of legal transplant, and claims that Codes of Conduct can be interpreted as proxies of unilateral legal dissemination throughout the entrepreneurial network. By using as example four European extractive Multinational Enterprises (MNEs) (ENI SpA., Total S.A., Repsol YPF, British Petroleum), the article analyses the content of the Codes, the mechanisms and spaces of circulation, and asks questions like whether they are stretching European Union law beyond its traditional boundaries. Exposed to the legal and political relevance of MNEs, the reader is confronted with a global framework characterised by increased complexity, the continuous redefinition of internal and external spaces, deep inconsistencies and unexpressed potential. Therefore, the recognition of the current theoretical weaknesses becomes a fundamental step to critically engage with the production of new legal territories.

The legal position of illegitimate children according to the regulations that were in force in the territory of Vojvodina in the Kingdom of Serbs, Croats and Slovenes

In the Kingdom of Serbs, Croats and Slovenes existed six different legal territories. Legal particularism that existed in the common state of Serbs, Croats and Slovenes was one of the major problems in state that caused many problems in the everyday life of citizens. One of the main goals of the authorities was to execute equating of laws. Special shortened procedure for equating of laws was established by the St. Vitus' Day Constitution. In the territory of Vojvodina mainly were valid Hungarian laws. Illegitimate children were in a inferior legal position than children born in wedlock according to the laws that were in force in the territory of Vojvodina. Illegitimate child was in kinship only with its mother. Non-marital children could be equated with children born in wedlock in two cases prescribed by law: if parents of illegitimate child enter marriage later on, or pursuant to the Royal Decree. The legal position of non-marital children was one of the outstanding social issues in the state that had to be uniformly resolved.