Suchergebnisse

The International Conference Challenges of Contemporary Electoral Law. Toruń, (12 June, 2015), Nicolaus Copernicus University in Toruń.

This article analyzes the effects on violence of electing law-and-order candidates at the local level. It argues that law-and-order politicians embedded in the police will divert resources to favor their constituency, which in violence-prone areas could generate more murders. Using ballot names of council candidates in thousands of local elections in Brazil to accurately classify law-and-order candidates, it shows that the election of police law-and-order candidates causes more homicides. Moreover, georeferenced data on police activity and homicides show neglect in areas that did not support a winning police law-and-order candidate, despite these areas being home to the majority of individuals vulnerable to violence. This favoritism, however, is not present in places where preexisting local institutions make policing more transparent. Instead of persecution directed against minorities or the incapacity to battle criminal gangs, this research shows that surges in violence can be the result of typical forms of democratic representation.

My subject today is "International Organizations and Customary International Law"--that is, the role of international organizations in relation to the formation and determination of rules of customary international law. Charney devoted a good part of his well-known article on "Universal International Law" to what he termed "contemporary international law-making." By that, he meant chiefly law-making within "international forums"--that is, within organs of international organizations and at international conferences. He starts the discussion from the somewhat heretical position that "[w]hile customary law is still created in the traditional way, that process has increasingly given way in recent years to a more structured method, especially in the case of important normative developments. Rather than state practice and "opinio juris," multilateral forums often play a central role in the creation and shaping of contemporary international law." Charney's conclusions, however, are perhaps not as radical as his premise. He acknowledged that "[s]ome may question the authority to legislate universally, even in the face of some dissent, because it appears to be inconsistent with the sovereignty and autonomy of states. Such apprehension is not unreasonable. The international legal system, however, will invoke this authority sparingly."

Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims' Rights in International Law).

As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia's Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only after independence that efforts to reform and codify Islamic family law began, marked by the stipulation of the jurisdiction of the federal territorial government and the territorial government into thirteen states. The codification of family law began with establishing a committee to amend Islamic law and be guided by other Islamic countries. The authors find four areas of marriage that have been reformed in Malaysia, namely the age limit for marriage, marriage registration, polygamy, and divorce. Among the four areas of marriage law, the authors find slight differences in regulations on the technical and material grounds in each state in Malaysia. ; Abstrak: Artikel ini mengkaji produk hukum keluarga Islam bidang Munakahat di Malaysia. Diantaranya terkait sejarah dan perkembangan hukum keluarga Malaysia serta hasil reformasi hukum keluarga bidang Munakahat melalui studi kepustakaan. Pembaharuan hukum Islam salah satunya di bidang Munakahat di Malaysia yang berlaku dibagi menjadi tiga fase: Melayu, Inggris dan masa kemerdekaan. Penerapan hukum Islam di fase akhir, yaitu fase kemerdekaan, dengan jelas konstitusi teritorial federal menetapkan yurisdiksi pemerintah teritorial federal dan pemerintah teritorial di 13 negara bagian lainnya. Adapun diantara produk pembaharuan hukum bidang Munakahat di Malaysia yaitu: batas usia perkawinan, pendaftaran pernikahan, poligami, dan perceraian. Kata kunci: Munakahat, hukum Islam, Malaysia.