Suchergebnisse

Minerals and coal are state owned assets that need to used wisely, although the People's Representative Council (DPR) is yet to ratify them for the 2020-2025 period during the COVID-19 pandemic that has ravaged the world, including Indonesia. The review of the Mineral and Coal has caused many draw backs because it does not follow the principle of balancing and sharing regional authority. This study discusses the principle of strict liability as stipulated in Law No. 3/2020 by examining the urgency for changes and who will benefit from the revision. Doctrinal research was used for analyzing the politics of criminal Law in the Mineral and Coal, both before and in its amendments. Furthermore, Law No. 4/2009 ensnares many people that carry out illegal mining because the mechanism and procedure for the popular Mining license is the same with the mining license of the companies. The content of the amendments to the Mineral and Coal only regulates the sale of 51% foreign shares, but from a criminal perspective and nominalization of criminal fines and the reduction of prison sentence, it can be seen that the new criminal concept does not have a significant meaning for business corporations, as the suspects so far have been people that have been mining in the form of community mining.

The final article posted from the Knight Institute's Lies, Free Speech, and the Law symposium.

AbstractTraditionally, international humanitarian law (IHL) is conceptualized as a body of mutually binding, horizontal international legal rules that are agreed upon by States and that govern the relationships between parties to armed conflicts. Yet, there is discernible evidence that contemporary IHL – and the broader normative environment that pertains to the regulation of armed conflicts in which it is situated – is incorporating elements of unilateralization, manifested in legal and non-legal norms that regulate armed conflicts taking the form of commitments whose validity is not dependent on being reciprocated. This article examines some of the systemic implications of unilateralization of IHL and considers its pitfalls and potential.

AbstractWith the availability of cheaper technology and the rise of digitalisation, consumers can actively participate in markets and also offer their own services or self-/co-produce products and services. Active consumers are fundamental building-blocks of the European Union's goal to achieve smart, sustainable and inclusive growth in Europe. In the energy sector active consumers play a key role in promoting competition, ensuring affordable energy prices and security of supply, as well as contributing to the EU's environmental and climate goals. By engaging in more efficient energy use, consumers are crucial actors to manage the energy transition. However, the present legal framework does not fully facilitate this active role. The aim of this article is to answer the question how EU law conceptualises and supports the active role of consumers in the regulation of energy markets.

Digitised version produced by the EUI Library and made available online in Open Access in 2021 for research or private study purposes ; This book focuses on the relationship between the welfare state & juridification. Discussions include the emergence of the welfare state & its influence on the laws structure & function, how the juridification of the social sphere is connected to the political instrumentalization of the law, & the emergence of the post interventionist law. ; Part I Introduction -- The transformation of law in the welfare state, Gunther Teubner -- Part II The welfare state and its impact on law -- Legal culture and the welfare state, Lawrence M. Friedman -- The rule of law and the promotional function of law in the welfare state, Vilhelm Aubert -- A concept of social law, François Ewald -- Legal subjectivity as a precondition for the intertwinement of law and the welfare state, Jan M. Broekman -- Part III Dilemmas of law in the welfare state -- The self-reproduction of law and its limits, Niklas Luhmann -- The rules of the game in the welfare state, Alberto Febbrajo -- The concept of rights and the welfare state, Ulrich K. Preuss -- Legal discourse in the positive state : a post-structuralist account, Thomas C. Heller -- Part IV Perspectives of legal development -- Law as medium and law as institution, Jürgan Habermas -- Materialization and proceduralization in modern law, Rudolf Wiethölter -- Law as critical discussion, Antonie A. G. Peters -- Three types of legal structure : the conditional, the purposive and the relational program, Helmut Willke -- After legal instrumentalism? : strategie models of post-regulatory law, Gunther Teubner

Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all