Suchergebnisse

Protection of human rights (human rights) in the Constitution applies in Indonesia ever prove that one of the requirements for a state law is the guarantee of human rights. Indonesia assertion of law set forth in the 1945 amendment of Article 1 paragraph (3) "State of Indonesia is the Rule of Law". The form states have laws on the protection of human rights in implementation by the Constitutional Court (MK) in Decision No. 46/PUU-VIII/2010 on the Status of Child Marriages outside. Political decisions of law sought to protect the rights of the child, in addition to trying to dismantle the positivistic-legalistic law, which for year's had been shackled for justice and human rights. However, in Indonesia the law of the Constitutional Court reap the political pros and cons. Therefore, it is necessary socialization broadly relevant decision of the Court, the Court of law that political action are on the correct constitution, embodying the rule of law and democratic ideals for the sake of our nationhood and nation's dignity. Constitutional Court's decision is a wise choice and a step forward in the field of law for the defense of children's rights that have long shackled Article 43 of the Act. N0. 1 of 1974 on Marriage. To be effective this decision the government should immediately respond with a set of supporting regulations that can be implemented by the Ministry of Religious Affairs and Ministry of Interior.

The present study locates the challenges faced by defendants during cooperation proceedings in the context of the unique structural system of the Court, and the inherent tensions and limitations that characterize the ICC's functioning. The study is divided into two parts. The first part sets out the institutional and jurisdictional context in which cooperation plays out at the ICC. Chapter 2 addresses the ICC dependence on cooperation from an institutional, a political and a normative dimension, showing that compliance with requests for cooperation is ultimately tied to State political willingness and international political pressure; Chapter 3 delves into the connection between cooperation and the complementary jurisdiction of the Court, criticising the 'positive approach' to complementarity endorsed by the Prosecutor in order to enhance states cooperation. The second part of the study addresses the impact that cooperation occurring in the above-explained context has on the right to liberty of defendants and on equality of arms. Chapter 4 and 5 analyse the ICC's law protecting the selected rights, as well as the practice regarding allegations of violations of these rights brought forward by some defendants. It concludes that, so far, the organs of the Court (i.e., the Prosecutor and the judges) have failed to engage with the structural tensions and limitations of the Court with a view of protecting the rights of suspects and accused.

AbstractRelationship problems Judicial Commission and the Supreme Court re-strained due to the addition of authority in the appointment of judges first instance courts. It is set in the third package of legislation, namely Law No. 49 of 2009, Law No. 50 of 2009 and Law No. 51 of 2009. The three laws are carried out judicial review to the Constitutional Court by Decision No. 43/ PUU-XIII/ 2015. The Constitutional Court stated that the expansion of the authority of the Judicial Commission against the constitution and interfere with the independence of judges as an independent institution. The purpose of this paper is to examine the decision is linked to the independence of judges and the impact of such decision to the authority of the Judicial Commission.IntisariDilematika hubungan Komisi Yudisial dan Mahkamah Agung kembali renggang akibat adanya penambahan wewenang dalam pengangkatan hakim peradilan tingkat pertama. Hal tersebut diatur dalam ketiga paket undang-undang yaitu Undang-Undang Nomor 49 Tahun 2009, Undang-Undang Nomor 50 Tahun 2009, dan Undang-Undang Nomor 51 Tahun 2009. Ketiga undang-undang tersebut dilakukan yudicial review ke Mahkamah Konstitusi dengan Putusan Nomor 43/PUU-XIII/2015. Mahkamah Konstitusi menyatakan bahwa perluasan wewenang Komisi Yudisial bertentangan dengan konstitusi dan mengganggu independensi hakim sebagai lembaga mandiri. Tujuan penulisan ini adalah untuk mengkaji putusan tersebut dikaitkan dengan independensi hakim serta dampak dari putusan tersebut terhadap wewenang Komisi Yudisial.

В статье рассматриваются вопросы становления, современное состояние арбитражного суда Республики Казахстан и Зарубежных стран и реализация Шага 70. Создание международного финансового центра Астана (AIFC) на базе инфраструктуры ASTANA EXPO 2017 с приданием ему специального статуса, стратегии Президента Республики Казахстан Н.А. Назарбаева План нации – 100 шагов. В данной работе изучали особенности законодательства регулирующие института арбитражного суда, в том числе его проблемы как один вид альтернативных способов разрешении граджанских споров, опыт решения споров в зарубежных арбитражных судах и работа зарубежных финансовых центров. Авторами расматриваются особенности создания арбитажного суда при международном фининсовом центре «Астана» и проблемы призания и исполнения решений арбитражных судов. ; The problems of formation and current state of the Arbitration Court of the Republic of Kazakhstan and foreign countries and the implementation of the President of the Republic of Kazakhstan N.A. Nazarbayev's National Plan "100 concrete steps" of Step 70 are considered in the article. The formation of Astana International Financial Center (AIFC) on the basis of ASTANA EXPO 2017 infrastructure, and giving it a special status". The features of the legislation regulated the institute of arbitration court, including its problems as a kind of alternative ways of resolving civil disputes experience of resolving disputes in international arbitration courts and the work of international financial centers are considered. The features of the creation of arbitration court at International Financial center «Astana» and problems on recognition and enforcement of arbitration judgments are considered.

Providing an extensive historical overview of federal arbitration jurisprudence and the Federal Arbitration Act (FAA), this article argues that the Supreme Court has misinterpreted FAA provisions and goals, thereby drastically changing the law of labor arbitration to the detriment of American workers and consumers. Namely, original congressional policy goals (providing speedy, fair and informal alternatives to court adjudication) have been countermanded by the Supreme Court's interpretation of arbitration law over the last 50 years. As a result, modern arbitration law sets up an imbalance of power between employers/merchants and workers/consumers who are forced into lengthy and expensive procedures before they can exercise their legal rights to sue. At the time the FAA was passed, arbitration relied on the concept of voluntary consent by both parties, but modern arbitration agreements are often not the result of voluntary consent but of a more powerful contracting party who controls the rules of the arbitration forum, thereby exerting pressure on a weaker party. Arguing against this interpretation, this article posits options available to reverse current arbitration rules, including lower court judicial defiance, legislative overrides, and the possibility of Supreme Court reversal. This article concludes by suggesting a proposal for a narrow legislative fix to the FAA that would include national standards for arbitration agreements and would define "arbitration" to avoid the current practices that conflict with fundamental arbitration attributes and goals.

In view of the recent negotiations on the highly anticipated Free Trade Agreements to which the EU shall be party (e.g. CETA and TTIP), assessing the extent to which the EU can regulate intellectual property rights in its external relations seems relevant. Two recent cases of the Court of Justice of the EU have reversed its landmark decision in Opinion 1/94, in which intellectual property regulation was almost entirely excluded from the EU's exclusive competence in trade matters. Firstly, in the Daiichi Sankyo case, the Court elaborated upon the EU's explicit external competence in the field of intellectual property. This explicit competence is provided for by Article 207 TFEU on the common commercial policy, which allows the EU to conclude agreements concerning the 'commercial aspects of intellectual property'. In the Broadcasting Rights case, the Court founded its decision on the EU's implied competence to conclude international agreements, as provided for by Article 3(2) TFEU. Considering the outcome of these two judgments, the Court seems to grant the EU a wide scope of action with regard to intellectual property rights. As a consequence, questions arise with regard to the post-Lisbon era role that is left for the Member States in the field of intellectual property. Therefore, the aim of this article is to outline the scope of the EU's exclusivity in IP matters and to highlight the borders.

Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 ("FRE 703")' and 705 ("FRE 705") by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes. Adopting the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for admitting learned treatises and allowing them as substantive evidence. Now that Illinois has codified the Illinois Rules of Evidence, including provisions similar to FRE 703 and 705, it is time to adopt the learned treatise exception to the hearsay rule, Federal Rule of Evidence 803(18) ("FRE 803(18)"). This will complete the incorporation cycle. More importantly, it will enhance the efficiency of trials in Illinois courts. Failure to adopt an Illinois equivalent of FRE 803(18) will impede the full and proper application of Illinois Rule of Evidence 703 ("IRE 703") and 705 ("IRE 705"). This Article will lay out the current standards in Illinois regarding the use of learned treatises. It will focus on the inconsistencies in the application of the current Illinois common law and then address how adoption of a learned treatise exception to hearsay will increase efficiency among trial courts.

The ability to foster reconciliation while addressing human rights can be achieved through the ICTY and the ICJ stemming from their use of providing accountability on individual level to a state level, admissions of guilt, removal of war criminals from society, outreach program and establishing historical and legal truths. Within the state of BiH, for many citizens there exists the belief that a failure to administer justice occurred and furthermore it eroded the relations between the ethnic communities and has left a politically corrupt system creating human rights issues, politically, economically and socially. Through the vacuum of the ICTY and the ICJ, reassembling social relationships after the conflict is possible, however, international justice has experienced shortcomings namely when it is measured against victims and perpetrator's claims, being that victims feel 'let down' by the courts and because prevention of future crimes is not eroded but rather continue to permeate within the system. The aim of the thesis is to further explore the effects of international legal courts through discussions on whether they achieved their purpose. Although the primary purpose of the courts was to provide justice and ensuring accountability for human rights abuses, there is the underlying theme of it aiding in the reconciliation process. Moreover what it is seeking to explore is how this process can be constructed differently in the establishment of future courts and future trials.

Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 ("FRE 703")' and 705 ("FRE 705") by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes. Adopting the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for admitting learned treatises and allowing them as substantive evidence. Now that Illinois has codified the Illinois Rules of Evidence, including provisions similar to FRE 703 and 705, it is time to adopt the learned treatise exception to the hearsay rule, Federal Rule of Evidence 803(18) ("FRE 803(18)"). This will complete the incorporation cycle. More importantly, it will enhance the efficiency of trials in Illinois courts. Failure to adopt an Illinois equivalent of FRE 803(18) will impede the full and proper application of Illinois Rule of Evidence 703 ("IRE 703") and 705 ("IRE 705"). This Article will lay out the current standards in Illinois regarding the use of learned treatises. It will focus on the inconsistencies in the application of the current Illinois common law and then address how adoption of a learned treatise exception to hearsay will increase efficiency among trial courts.

Momcilovic v The Queen (2011) 85 ALJR 957; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or more enumerated human rights. In reaching its decision, however, the majority supported a narrow interpretation likely to undermine the intended capacity of the Charter to act as a remedial mechanism to reform laws, regulations and administrative practices which infringe human rights and freedoms. Although Momcilovic involved interpretation of a specific State human rights law, the High Court judgments allude to significant problems should the Federal Government seek to introduce a similar charter-based human rights system. Momcilovic, therefore, represents a risk to future efforts to develop nationally consistent Australian human rights jurisprudence. This has particular relevance to health and medically related areas such as the freedom from torture and degrading and inhuman treatment and, in future, enforceable constitutional health-related human rights such as that to emergency health care.

Momcilovic v The Queen (2011) 85 ALJR 957; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or more enumerated human rights. In reaching its decision, however, the majority supported a narrow interpretation likely to undermine the intended capacity of the Charter to act as a remedial mechanism to reform laws, regulations and administrative practices which infringe human rights and freedoms. Although Momcilovic involved interpretation of a specific State human rights law, the High Court judgments allude to significant problems should the Federal Government seek to introduce a similar charter-based human rights system. Momcilovic, therefore, represents a risk to future efforts to develop nationally consistent Australian human rights jurisprudence. This has particular relevance to health and medically related areas such as the freedom from torture and degrading and inhuman treatment and, in future, enforceable constitutional health-related human rights such as that to emergency health care.

В статье исследуются общие положения правового регулирования медицинской деятельности в России, а также значение в современных условиях вопросов юридической ответственности врача практической стоматологии. Согласно действующему законодательству правом обращения в суд обладает любой дееспособный гражданин, если действиями или бездействием ответчика нарушены его права или причинен вред. В сфере здравоохранения обычно речь идет о причинении вреда здоровью пациента (иными словами, о нарушении прав граждан на качественное и безопасное лечение). По таким делам досудебное рассмотрение жалобы не обязательно – можно сразу обращаться в суд без лишней траты времени. Проводится анализ способов защиты прав пациентов в судах общей юрисдикции, арбитражных и третейских судах. ; The article deals with the General provisions of the legal regulation of medical practice in Russia, as well as the importance in modern conditions of legal responsibility of the physician practice of dentistry. According to the current legislation the right of appeal to the court has any able-bodied citizen, if the action or inaction of the defendant violated his rights or harmed. In healthcare it is usually harming the health of the patient (in other words, the violation of citizen's rights to safe and quality treatment). In such cases pre-trial examination of a complaint does not necessarily – you can immediately apply to the court without wasting time. The analysis of methods of protection of patient's rights in courts of General jurisdiction, arbitration courts.

Purpose The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on Human Rights in the Netherlands. The paper focuses on anti-social behaviour related cases in which the landlord requests the court to issue an eviction order. Design/methodology/approach The paper is based on a statistical analysis of nearly 250 judgements concerning housing related anti-social behaviour. Findings A significant difference is found in the court's attitude against drug related anti-social behaviour and other types of nuisance. Moreover, it is found that in two-thirds of the cases the tenant advanced a proportionality defence. Although the European Court stresses the need of a proportionality check, Dutch courts ignore the tenant's proportionality defence in 10% of the cases and issue an eviction order in the majority of all cases. Advancing a proportionality defence does not result in any difference for the court decision. Originality/value The paper presents original data on the legal protection against eviction in cases concerning anti-social behaviour. This is the first study that analyses the approach towards housing related anti-social behaviour in the context of the European minimum level of protection. Whilst centred on legislation and procedures in the Netherland its findings and discussion are relevant in other jurisdictions facing similar issues.

This paper is the result of research that has been overshadowed by the studyauthors theoretical and empirical, that Pancasila is the basis of the state and a source oflaw as stated in the Preamble to the Constitution of the Republic of Indonesia Year1945 fourth paragraph. In the system of legislation, Pancasila is the basic norm(staatsfundamental), successive later verfassungnorm 1945, grundgezetznorm or MPRdecrees, as well as gezetznorm or the Act. But in reality, the Pancasila likened hisposition and aligned with the 1945 Constitution, the Unitary Republic of Indonesia,Unity which was then called the "Four Pillars of Nation and State". Results penilitianfound that the political law of the Constitutional Court makes a decision positiveLegislature in Constitutional Court Decision No. 100 / PUU-XI / 2012, is part ofthe authority of the Constitutional Court that has 4 (four) authority and one (1) theobligations as set forth in Article 24C paragraph (1) and (2) 1945. In addition to astate institution guardian of democracy (the guardian of democracy) the ConstitutionalCourt as well as the protector of the state and legal sources. To support the political law,the Constitutional Court did various things, including the technical organization of thetrial. Position Pancasila as the state after the aborted phrase "four pillars of the stateand nation is" back Pancasila as the state not as the pillars of the nation as stated inthe fourth paragraph of the Preamble of the 1945 Constitution

Much has been written about the "deterrent" role of international courts and tribunals in preventing potential atrocities. Since the establishment of thead hoctribunals and the International Criminal Court, the international community has sought to anchor the legitimacy of international justice in the "fight against impunity". Yet recent studies have suggested that an overly broad characterization of international courts and tribunals as "actors of deterrence" might misplace expectations and fail to adequately capture how deterrence works – namely, at different stages, within a net of institutions, and affecting different actors at different times.1TheReviewinvited two practitioners to share their perspectives on the concrete effects of international criminal justice on fostering compliance with international humanitarian law. Chris Jenks questions the "general deterrence" role of international criminal justice, contending that the influence of complicated and often prolonged judicial proceedings on the ultimate behaviour of military commanders and soldiers is limited. Guido Acquaviva agrees that "general deterrence", if interpreted narrowly, is the wrong lens through which to be looking at international criminal justice. However, he disagrees that judicial decisions are not considered by military commanders, and argues that it is not the individual role of each court or tribunal that matters; rather, it is their overall contribution to an ever more comprehensive system of accountability that can ultimately foster better compliance with international humanitarian law.