Indonesian Journal of International & Comparative Law

desde Enero 2014
Último Número: Julio 2017

The Institute for Migrant Rights


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Núm. 15, Julio 2017

Notes on Contributors

Articles

Shattering Chain When the Sovereign Will Not: Responsibility to Protect and the Use of Military Intervention to Stop Slavery

As an emerging international norm that recognizes genocide as sufficient ground for circumventing the fundamental principle of sovereignty, which generally forbids humanitarian intervention, the Responsibility to Protect (R2P) should and does allow for the legal use of military intervention by the international community whenever a sovereign State and practicing, tolerating, or failing to eliminate slavery that is publicly and openly practiced. Intervention under these terms against a legall...

Use of Parliamentary Debates for Statutory Interpretation in England and India: A Comparative Judicial Critique

This article demonstrates the utility of the Pepper v Hart rule in statutory construction. It critiques dominant judicial and extra-judicial views in England, which support the traditional "exclusionary rule" and are critical of the Pepper rule, after delineating the conceptual principles relating to the interpretation of statutes. It deconstructs and simplifies complex narratives in the dialectical debate centering on this issue, and indulges in a comparative case law analysis, with the scru...

Reflections on the Rule of Law upon Listening to President XI

In recent years, the Chinese government has made significant rhetorical commitment to the rule of law. Many skeptical observers, however, doubt not only the current commitment but whether such notions as "rule of law" even could take root in China’s intellectual soil. A primary cause of this skepticism is a widespread perception that the long-dominant Confucian tradition rejected such an idea in favor of "rule by virtue." The position in this paper is that such skepticism misunderstands both ...

Development in Law and Practice: Two Autonomous Domains?

This article aims to bring into discussion the potential, and yet overlooked the normative contribution of the internationally declared right to development to address "development hazards" in domestic realities. Of particular interest is the examination of the distinctive principles of resource control, participation and distribution of benefits and their use as tools to combat negative impacts of a development project. For this purpose, the concept of "development hazards" is defined and ex...

Book Review

Redefining the Right to Food

Review Article

When is a 'Slight Violation Pardonable'?: An Inquiry to a Legal Maxim in Islamic Law

In Islamic financial transactions, there appears that a "slight violation is pardonable" as one can easily find in a range of Islamic financial transactions, such as agency (wakala), lease (ijara) and partnership (sharika), which are crucial to the practices of Islamic banks and other financial institutions that invest their capital according to Islamic law (Shari’ah). In that regard, this article explores the vision of Shari’ah in dealing with transactions involving slight violations due to ...


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