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AbstractThis article deals with the sea level rise phenomenon caused by the climate change process and its impact on the statehood of so-called disappearing island states as well as on the consequent factual and legal status of their populations. In classical international law doctrine, the loss of a state's territory will lead to the extinction of statehood and, consequently, the loss of that state's international legal personality, and possibly also to the statelessness of its nationals. This article proposes an alternative solution based on the transformation of disappearing island states into new non-territorial subjects of international law — "climate deterritorialized nations" — as successors to disappeared inundated states.

Abstract
Studies on the Refugee Convention have paid very limited attention to the notion of family and family rights of asylum claimants in connection with asylum claims based on sexual orientation and gender identity (SOGI). Drawing on the notion of 'legal violence', this article demonstrates the injurious cumulative effect that a heteronormative, homonormative and Western-centered formulation and implementation of asylum and refugee law has on SOGI claimants when it comes to intimate and family relationships. By relying on a solid body of primary and secondary data, it explores the invisibility of SOGI claimants and refugees' families and how that invisibility is normalized by European legal frameworks, such as the Dublin (III) Regulation and Family Reunification Directive. To end this 'legal violence' and reconnect asylum systems with the lived experiences of SOGI claimants, a principled approach based on human rights and specifically the right to respect for family life is suggested.

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This article examines the legal implications of stopping an investigation because the forced defense (noodweer) and emergency defense exceed the limits (noodweer excesses) of the legal framework in Indonesia. This is because there are three cases with different handling. This type of research is normative juridical research with a statutory approach and a case approach. The results of the study indicate that the legal implications of stopping the investigation on grounds of forced defense (noodweer) and emergency defense beyond the limit (noodweer excesses) are the non-realization of the value of legal certainty and the principle of legality which is the basis of criminal law, including material criminal law (criminal law book/KUHP) and criminal law formal (criminal procedure law/KUHAP).

This study aims to conduct a juridical review of the authority to seize evidence as regulated in the Indonesian Criminal Procedure Law (KUHAP) and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice by the Supreme Court. The research involves the analysis of legal texts, namely KUHAP and relevant technical guidelines, and the review of pertinent literature. The research findings reveal that the Supreme Court clearly outlines the authority to seize evidence in the Indonesian criminal procedure in KUHAP and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice. However, certain ambiguities and variations in interpretation exist in its practical implementation. Therefore, there is a need for harmonisation and refinement of regulations and an enhancement of the understanding and awareness among legal practitioners regarding the authority to seize evidence. This research contributes significantly to understanding the role of evidence seizure in the Indonesian criminal justice system. It could improve legal practices related to the exercise of this authority.

Although still in the early stages of their institutional life, die International Criminal Tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) provide a unique empirical basis for evaluating the impact of international criminaljustice on postconflict peace building. The pursuit of justice may be dismissed as a well-intentioned, but futile, ritualistic attempt to restore equilibrium to a moral universe overwhelmed by evil. Moreover, measuring the capacity of punishment to prevent criminal conduct is an elusive undertaking, especially when a society is gripped by widespread habitual violence and an inverted morality has elevated otherwise "deviant" crimes to the highest expression of group loyalty. Yet an appreciation of die determinate causes of such large-scale violence demonstrates that stigmatization of criminal conduct may have far-reaching consequences, promoting postconflict reconciliation and changing die broader rules of international relations and legitimacy.

The concept of legal responsibility (liability) implies a violation of the dispositive norm and subjecting the offender to envisaged sanctions. Legal responsibility is based on three key elements: the subject, the object, and the legal grounds of responsibility. The legal state (Rechtsstaat) is inconceivable without responsibility, which is present in all areas of law. In constitutional law, it is reflected in the legal and political responsibility of the state authorities. Civil and criminal liability differ in terms of sanctions. In civil law, there is subjective liability based on culpability and objective (strict) liability. As a consequence of committing a crime, criminal liability includes two elements: sanity and guilt. While guilt is a subjective element of a crime which cannot be avoided, criminal liability can be avoided. According to Kelsen, the subject of legal responsibility and the legal obligation are equivalent. He distinguishes between subjective liability based on culpability and absolute (objective) liability. This distinction rests on the individualistic ideal of justice. Logically, the sanctions also differ in these two cases. Kelsen also recognizes collective responsibility (especially of legal entities), which is always absolute. In civil law, the subject of obligation and the subject of liability correspond. Živanović provides detailed accounts on the concepts of delict, delinquent, and sanction. According to Živanović, a delict (in all branches of law) is a violation or endangerment of a subjective right. A delinquent, i.e. the infringer of legal norms, is the object of sanction. In analyzing the concept of sanction, he identifies seven distinctive elements of a sanction. The comparison of Kelsen and Živanovic's conceptions of legal responsibility yields notable results. Both authors were aware of many aspects of legal responsibility. In spite of the obvious terminological differences, they essentially discuss the same legal issues. When observed jointly, these two authors provide a wide-branching "scheme" of both legal responsibility in general and area-specific liability in particular.

THE CONFERENCE ON CRITICAL LEGAL STUDIES (CLS) CAME INTO EXISTENCE IN MADISON, WISCONSIN, IN 1977 DURING A MEETING OF LEGAL SCHOLARS AND PRACTITIONERS DISSATISFIED WITH MAINSTREAM LAW. SINCE THEN THE MEMBERS HAVE BECOME ONE OF THE MOST IMPORTANT AND CONTROVERSIAL GROUPS WITHIN THE LEGAL ACADEMY. IN THIS ESSAY, THE AUTHOR FOCUSES ON SOME OF THE MOST INTELLECTUALLY AND POLITICALLY CHALLENGING POSITIONS ASSOCIATED WITH CLS.

Oliver Wendell Holmes (1841-1935) is ingrained in American history as one of the country's foremost jurists. Distinguished for his learning, judgment, humor, and eloquence, he served as justice of the United States Supreme Court for four decades. Throughout his career, Holmes forged new concepts of the origin and nature of law. He viewed the law as a social instrument rather than as a set of abstract principles, and his ideas were seminal in the development of modern free-speech legislation. His retirement in 1932 was a national event, and he remains today one of the most influential members t

Thilo Kuntz (Heinrich-Heine-University Düsseldorf) & Paul B. Miller (Notre Dame Law School) have posted Introduction to Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Thilo Kuntz and Paul B. Miller, eds., Methodology in Private Law Theory: Between...