scholarly journals THE POSITION OF INDIRECT EVIDENCE AS VERIFICATION TOOLS IN THE CARTEL CASE

2014 ◽  
Vol 26 (1) ◽  
pp. 137
Author(s):  
Veri Antoni
Keyword(s):  
United States ◽  
United States Of America ◽  
Direct Evidence ◽  
Indirect Evidence ◽  
The Other ◽  
Circumstantial Evidence ◽  
Economic Evidence ◽  
Antimonopoly Law ◽  
Criminal Procedure Law ◽  
Verification Tools

Indirect (circumstantial) evidence, either economic evidence or communication evidence, has been used in cartel cases in many countries such as United States of America, Japan, Australia, Brazil, Malaysia, and others. According to Indonesia criminal procedure law, the position of indirect (circumstantial) evidence is categorized as an indication (clue evidence) whereas according to Indonesia civil procedure law, indirect (circumstantial) evidence is categorized as presumption. Considering the characteristics the antimonopoly law which aims to find material truth, the position of indirect evidence is more properly said to be an indication. Owing to its status as an indication, indirect evidence should be exhibited together with the other direct evidence. Indirect evidenceatau bukti tidak langsung, baik bukti ekonomi atau bukti komunikasi, telah digunakan dalam kasus-kasus kartel di banyak negara, seperti Amerika Serikat, Jepang, Australia, Brazil, Malaysia, dan lain-lain. Menurut hukum acara pidana Indonesia, posisi bukti tidak langsung dikategorikan sebagai indikasi (bukti petunjuk), padahal menurut hukum acara perdata Indonesia, bukti tidak langsung dikategorikan sebagai praduga. Mengingat karakteristik hukum anti-monopoli yang bertujuan untuk mencari kebenaran materiil, posisi bukti tidak langsung lebih tepat dikatakan indikasi. Karena statusnya sebagai indikasi, bukti tidak langsung harus dipamerkan bersama dengan bukti langsung lainnya.

Armed Violence in the Ideology of Contemporary Islamic Fundamentalism - Study models

2019 ◽  
Vol 2 (4) ◽  
pp. 237
Author(s):  
Laith Mzahim Khudair Kazem
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Islamic Fundamentalism ◽  
Islamic Movements ◽  
Important Means ◽  
Armed Violence ◽  
Goals And Objectives ◽  
At Home

The armed violence of many radical Islamic movements is one of the most important means to achieve the goals and objectives of these movements. These movements have legitimized and legitimized these violent practices and constructed justification ideologies in order to justify their use for them both at home against governments or against the other Religiously, intellectually and even culturally, or abroad against countries that call them the term "unbelievers", especially the United States of America.

scholarly journals EKSTRADISI MENG WANZHOU DALAM PERSPEKTIF HUKUM INTERNASIONAL

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Teddy Nurcahyawan ◽  
Stevanus Rivaldo
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
The Other ◽  
Chief Financial Officer ◽  
Official Statement

Extradition is one of the international law field of studies. One of that controversy is Meng Wanzhou’s case, chief financial officer of Huawei. She is known as the daughter of Huawei’s founder Ren Zhengfei and holding Chinese citizenship. Meng Wanzhou was captured and detained by Canadian authority by the request of United States of America when she transitted Canada at Vancouver Airport December 2018. She was charged of frauding which is related to Skycom, a technology company based in Iran. This event led the diplomatic ralation between China, Canada and United States excalated. China government had already released an official statement which expressed anger and their objection about the charged and detention. On the other side, Canada and United States insisted in this event genuinely only a legal matter. This research conducted by a normative and IRAC methods for the analysis part. Based on the research, the request of extradition by United States was consistent with international law principle. Every objection matter by any Party of this case should be done by every diplomatic channels. This thing should be done to maintain the world’s peace.

scholarly journals Correlation of stock market returns in the West African region from 2008 to 2016

2019 ◽  
Vol 16 (3) ◽  
pp. 120-130 ◽  
Author(s):  
Eseosa Obadiaru ◽  
Alex Omankhanlen ◽  
Barnabas Obasaju ◽  
Henry Inegbedion
Keyword(s):  
United States ◽  
United Kingdom ◽  
Stock Market ◽  
United States Of America ◽  
Composite Index ◽  
The United States ◽  
The Other ◽  
Sample Period ◽  
Entire Sample ◽  
Stock Market Returns

Stock markets over the world have become more interconnected due to activities of foreign investors in search for alternative financial assets and markets to invest in order to diversify their portfolio. Stock market indices and index returns have been known to reflect linkages between different markets. This study assesses the extent of correlation of stock market index returns in West Africa and those of the United States of America (US) and United Kingdom (UK) from 2008 to 2016. The correlation between the index returns for the entire sample period and yearly samples were considered for Nigeria, Ghana, the BRVM, the USA and the UK. The indices selected for the five countries considered are the Nigerian All-Share Index, Ghanaian Composite Index, the BRVM Composite Index, the Financial Times 100 Index and the Standards and Poor’s 500 Index. Daily index returns data were used for the study and analyzed using correlation and multiple regression analysis. Findings revealed that the returns of the pairs of the United States of America (US) and the United Kingdom (UK) exhibited stronger positive correlation with each other than the other market pairs in the study both in the entire sample period and the yearly sub-period analysis. The correlations between the other market pairs were either positively or negatively weak or very weak indicating more diversification opportunities.

Man a Kill a Man for Nutin’: Gang Transnationalism, Masculinities, and Violence in Belize City

2019 ◽  
pp. 1097184X1987278
Author(s):  
Adam Baird
Keyword(s):  
United States ◽  
United States Of America ◽  
Empirical Data ◽  
The United States ◽  
The Other ◽  
Homicide Rates ◽  
Local Dynamics ◽  
Marginalized Communities ◽  
The World ◽  
Cultural Connections

Belize has one of the highest homicide rates in the world; however, the gangs at the heart of this violence have rarely been studied. Using a masculinities lens and original empirical data, this article explores how Blood and Crip “gang transnationalism” from the United States of America flourished in Belize City. Gang transnationalism is understood as a “transnational masculinity” that makes cultural connections between local settings of urban exclusion. On one hand, social terrains in Belize City generated masculine vulnerabilities to the foreign gang as an identity package with the power to reconfigure positions of subordination; on the other, the establishment of male gang practices with a distinct hegemonic shape, galvanized violence and a patriarchy of the streets in already marginalized communities. This article adds a new body of work on gangs in Belize, and gang transnationalism, whilst contributing to theoretical discussions around the global to local dynamics of hegemonic masculinities discussed by Connell and Messerschmidt (2005) and Messerschmidt (2018).

The Mixed Claims Commission and German Property in the United States of America

1927 ◽  
Vol 21 (3) ◽  
pp. 472-480
Author(s):  
Arthur Burchard
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Peace Treaty ◽  
Treaty Of Versailles ◽  
Other Hand ◽  
The One ◽  
Joint Resolution

The United States of America, having refused to ratify the peace treaty negotiated at Paris in 1919 between the Allied and Associated Powers, on the one hand, and Germany on the other hand, commonly called the Treaty of Versailles, has, nevertheless, reserved to itself all the rights arising from the said treaty in the separate treaty of peace which was concluded between the United States of America and Germany on August 25, 1921, and ratified at Berlin on November 11, 1921, the treaty having been promulgated by the President of the United States on November 14, 1921. The clause containing the said reservation of rights reads thatGermany undertakes to accord to the United States and the United States shall have and fully enjoy all the rights, privileges, indemnities, reparations or advantages specified in the Joint Resolution of Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles, notwithstanding the fact that such treaty has not been ratified by the United States, [and] the rights and advantages stipulated …are those defined in Part X…

scholarly journals Use of Executive Orders in Nigeria by the Executive Branch of Government in Time of Emergency

2020 ◽  
Vol 2 (3) ◽  
pp. 669-678
Author(s):  
Oluwapelumi Odunayo Osadola ◽  
Phebe Oluwatoni Ojo
Keyword(s):  
United States ◽  
United States Of America ◽  
Separation Of Powers ◽  
The United States ◽  
Executive Branch ◽  
The Other ◽  
Executive Order ◽  
Legal Regime ◽  
Executive Orders ◽  
Fourth Republic

Executive Orders are not invoked as a matter of course by the President or Governors heading the Executive Cabinet. These orders are exercisable when heads of the executive branch of government see for their needfulness and for smooth running of their governmental programmes or policies. Every Executive order must carry the force of law for it to be valid or to be duly recognised by the other branches of government which if not, the latter may question its constitutionality. The advantages of executive orders are very innumerable to mention however it has been said that the use of executive orders have assaulted the concept of separation of powers which is embedded in the 1999 Nigerian Constitution (as amended)as adopted from the United States of America. This paper focuses on the meaning and historical antecedent of executive orders in Nigeria, legal regime or statutory provisions of executive orders in Nigeria, executive orders versus doctrine of separation of power, challenges of executive orders under the 1999 constitution (as amended), praxis of executive orders under the Nigeria fourth republic and lastly is the conclusion and recommendations made thereto. To achieve these, the writers will make use of relevant materials at their disposal.

Fascination with 'the Other': Are the French Different?

1994 ◽  
Vol 15 (2) ◽  
pp. 27-40
Author(s):  
Richard A. Peterson
Keyword(s):  
United States ◽  
United States Of America ◽  
The Other ◽  
Benjamin Franklin ◽  
Royal Court ◽  
Louis Xvi

The lionization of Benjamin Franklin by the French intelligentsia in those heady days between the beginning of the American and the French revolutions exemplifies the French fascination with the exotic other from across the Atlantic. As Minister Plenipotentiary of the fledgling United States of America to the Royal Court of Louis XVI, Franklin was greeted as a potential ally against the British, and he soon became the darling of the philosophes and their admirers. In his rustic outfits, fur cap, and plain but ingratiating manner--the product, it seemed, of the Pennsylvania wilderness-he appeared to be the embodiment of Rousseau's Nobel Savage, and as the inventor of the lightning rod, scientific savage at that.

Valentin de Foronda’s Memoir on the United States of North America, 1804

1948 ◽  
Vol 4 (3) ◽  
pp. 351-362 ◽  
Author(s):  
José de Onís
Keyword(s):  
United States ◽  
New York ◽  
United States Of America ◽  
Public Library ◽  
The United States ◽  
The Other ◽  
New York Public Library ◽  
History Of ◽  
The Rich ◽  
The One

In the Rich Collection of the New York Public Library there is a manuscript, Apuntes ligeros sobre los Estados Unidos de la América Septentrional, in which a Spanish diplomat and author, Valentín de Foronda, gives his impressions about the United States of America.We cannot say with certainty what the history of this manuscript is, but from the few scattered facts which we have we can come to certain conclusions. At the time when it was written, in 1804, there must have been more than one copy. The perfection of the manuscript and the fact that ft is not in Foronda’s handwriting, tends to indicate that it was recopied several times. It is probable that there were at least three sets of copies. The original he must have kept for himself. One, in all likelihood was given to his immediate superior, who at that time was Casa Irujo. A third set might have been sent to the Spanish Minister of State. It is my belief that the manuscript that has come down to us is the one he gave to the Ambassador Casa Irujo. The reason on which I base this, is that twenty years later, long after Foronda and Casa Irujo had died, Mrs. Casa Irujo became a personal friend of Obadiah Rich, the bibliographer, and used to be a frequent guest at his house in Madrid. Rich obtained the manuscript about this time and it is very probable that he got it from her. Where the other hypothetical copies are would be difficult to say. The set sent to the Spanish Minister of State must be buried in some Spanish archive. The other one which he kept for himself was more than likely confiscated by the Spanish authorities, along with his other papers, and was probably destroyed during Foronda’s trial of 1814.

France-United States. Convention of Establishment, with Protocol and Joint Declaration

1962 ◽  
Vol 56 (4) ◽  
pp. 1160-1171
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Joint Declaration

The President of the United States of America and the President of the French Republic, President of the Community, desirous of strengthening the ties of peace and friendship traditionally existing between the two countries and of encouraging closer economic intercourse between their peoples, conscious of the contribution which may be made to these ends by arrangements that provide in each country reciprocal rights and privilèges on behalf of nationals and companies of the other country, thus encouraging mutually advantageous investments and mutually beneficial commercial relations, have resolved to conclude a convention of establishment and, for that purpose have appointed as Plenipotentiaries.

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