Suchergebnisse

In the context of the Human Rights Dialogue between the European Union and the Islamic Republic of Iran, the Bristih Institute of International and Comparative Law undertook a project on "Human Rights in International Law and Iran". One of the outputs of this project is the publication of the present book, designed as a practical guide and reference book for foreign jurists and human rights defenders ... (Quelle: Text Verlagseinband / Verlag)

Preliminary Material /A. Layish -- Introduction One Tribal Arbitrators' Documents As A Source Of Legal History /A. Layish -- Introduction Two The Sedentary Bedouin Of The Judean Desert /A. Layish -- Introduction Three Tribal Judiciary And Customary Law /A. Layish -- Document One Submission, Tribal Award And Registration With Notary Public (1978) /A. Layish -- Document Two Murder with No Witnesses and Exculpatory Oath at al-Aqṣā Mosque (1954) /A. Layish -- Document Three Blood-Money Pact Reducing Tribal Liability (1966) /A. Layish -- Document Four Dissociation From Blood Group's Liability On Individual's Initiative (1963) /A. Layish -- Document Five Unintentional Vehicular Homicide And Reconciliation In The Presence Of A Qāḍī And A Muftī (1955) /A. Layish -- Document Six Unintentional Homicide Entailing Diya Muḥammadiyya (1975) /A. Layish -- Document Seven Diya Muḥammadiyya In The Presence Of A Sharʿī Qāḍī (1957) /A. Layish -- Document Eight An Eye For An Eye Or Monetary Compensation (1956) /A. Layish -- Document Nine Amputation Of The Hand Or Compensation Of One-Third Of A Diya Of A Person (1973) /A. Layish -- Document Ten Abduction, Marriage And Closure Of Criminal File (N.D.) /A. Layish -- Document Eleven Offense Against A Woman's Chastity Ṣā'iḥat Al-Ḍuḥā (1956) /A. Layish -- Document Twelve Cutting Down Trees, Damage To A Well, Etc. (1976) /A. Layish -- Document Thirteen Tribal Agreement On Regulations Relating To Corn Theft (1949) /A. Layish -- Document Fourteen Mukhtārs' Petition Concerning Shar'ī Marriage (N.D.) /A. Layish -- Document Fifteen Shar'ī Confirmation Of A Customary Marriage (1956) /A. Layish -- Document Sixteen Shar'ī Marriage Contract (1958) /A. Layish -- Document Seventeen Resort To Tribal Qāḍī Following The Harī'a Court's Failure To Solve A Dispute (1963) /A. Layish -- Document Eighteen Prompt Mahr Given To A Bride's Mother In Trust (1934) /A. Layish -- Document Nineteen Acknowledgment Of Mahr As Debt (1934) /A. Layish -- Document Twenty Agreement Between Brothers On Mobilizing Mahr Out Of The Estate (1957) /A. Layish -- Document Twenty-One Tribal Agreement On Mahr (1940) /A. Layish -- Document Twenty-Two Shar'ī Judgment Granting Maintenance (1964) /A. Layish -- Document Twenty-Three Bayt Shar'ī, Obedience And Divorce In The Sharī'a Court (1970) /A. Layish -- Document Twenty-Four Customary Khul': Compensation To Divorcing Husband On His Wife's Remarriage (1959) /A. Layish -- Document Twenty-Five Khul' Prior To Consummation To Be Effected In The Sharī'a Court (1966) /A. Layish -- Document Twenty-Six Consensual Divorce With Sureties To Be Effected In The Sharī'a Court (1974) /A. Layish -- Document Twenty-Seven Tribal Award Of Separation To Be Accomplished By Shar'ī Ṭalāq (1972) /A. Layish -- Document Twenty-Eight "Renunciation Divorce" On The Wife's Initiative In The Sharī'a Court (1962) /A. Layish -- Document Twenty-Nine Shar'ī Legal Opinion On Oath Of Suspended Divorce (N.D.) /A. Layish -- Document Thirty Agreement On Child's Custody And Maintenance (1979) /A. Layish -- Document Thirty-One Replacement Of Guardian Of Minors' Property By A Shar'ī Qāḍī (1904) /A. Layish.

The cause of disagreement -- Disagreement over the rulings of the religion -- Against disagreement over the rulings of the religion -- The method of the adherents of the truth when the correct ruling on an issue is not known -- Against arbitrary submission to authority -- The difference between submission to illegitimate authorities and referral to the legitimate authorities -- Against consensus -- Against speculative -- Against analogy -- Against preference -- Against inference -- Against legal interpretation and personal judgment

The 2007 Indonesian investment law granted national treatment for foreign investors, establishing a transparent 'negative list' for out-of-bonds investment sectors, and has been considired as a reformative regulation in Indonesia's economic strategy. However, decentralized systems give autonomy to local governments to manage their projects and infrastructure themselves. This leads into increasiig investment burdens through their opaque measures that are creating perceptions of risk for foreign investors. As a result, lack of legal certainty, inconsistent regulations and judiciary system would hamter investments. This article argues that law 25/2007 should be supported by a comprehensive investment policy to attract more foreign investors into Indonesia. A key element in establishing a competitive region is a free and open investment regime, This article addresses policy impediment to private investment in Indonesia as well as in the ASEAN region. Indonesia and ASEAN should have non-discriminatory treatment extended to foreign investors including ASEAN-based inveitors, as the establishment of ASEAN Economic community (AEC) will cornmence in 2015. Legal certainty of international business transaction by private investors is fostering investments by both direct investment and indirect investment (portfolio). Parties to investment agreements include individuals, small, medium and large multinational corporations, and countries. In this centralized global atmosphere, the Indonesian agovemment has to provide guarantees to leverage private investments.

In order to carry out the crime prevention and control policy, there are two ways thatcan be carried out, namely the use of penal facilities or criminal (legal) sanctions,and the use of other facilities (nonpenal). Thus the use of criminal (legal) sanctions isone of the policies in criminal politics, which in this case is not a means that occupiesa strategic position and causes many problems. Moreover, if it is associated with theuse of criminal sanctions to achieve the purpose of prevention as one of the premise ofabolitionist understanding. As a means of law enforcement policy in order to controlcrime, the use of criminal (legal) sanctions is not an absolute. Even if it will be used,then the problem is the policy of its use must be rational by paying attention to thehumanistic approach and social interests that contain certain values that need to beprotected. As a criminal policy, the extreme attitude to eliminate criminal (legal)sanctions is not a policy step. Because what needs to be done in policies to controland overcome crime is an integrated approach between penal and non-formalpolicies. This non-formal activity occupies a key and strategic position that must beintensified and streamlined in controlling and overcoming crime, not eliminatingcriminal law.

Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC's priority sectors by which the Indonesian' SMEs would become world class corporate.

The Michigan guidelines on the internal protection alternative (1999) -- The Michigan guidelines on nexus to a convention ground (2001) -- The Michigan guidelines on well-founded fear (2004) -- The Michigan guidelines on protection elsewhere (2006) -- The Michigan guidelines on the right to work (2009) -- The Michigan guidelines on the exclusion of international criminals (2013) -- The Michigan guidelines on risk for reasons of political opinion (2015) -- The Michigan guidelines on refugee freedom of movement (2017)