scholarly journals United Nations Convention Against Corruption dalam Sistem Hukum Indonesia

2019 ◽  
Vol 31 (1) ◽  
pp. 112
Author(s):  
Eddy Omar Sharif Hiariej
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
The Other ◽  
Indonesian Government ◽  
Other Hand ◽  
United Nations Convention ◽  
The United Nations

The Indonesian government had ratified the United Nations Convention Against Corruption [’UNCAC’] through Act No. 7 of 2006. However, the Indonesian Act on Anti-Corruption has yet to be synchronized with UNCAC. On one hand, corruption has become a massive issue in Indonesia, but on the other hand, the existing Anti-Corruption Act has yet to be in compliance with the relevant international instrument. Therefore, the implementation of UNCAC has become more urgent. Aside from the need to counter corruption efficiently and effectively, UNCAC calls upon the need for international cooperation against corruption.

Foreign Military Activities in the Exclusive Economic Zone: Remarks on the Applicability and Scope of the Reciprocal ‘Due Regard’ Duties of Coastal and Third States

2019 ◽  
Vol 34 (1) ◽  
pp. 97-116
Author(s):  
Ioannis Prezas
Keyword(s):  
United Nations ◽  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Other Hand ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law

Abstract This study examines the applicability and scope of the reciprocal ‘due regard’ duties imposed upon coastal and third states by the United Nations Convention on the Law of the Sea in the field of military activities in the exclusive economic zone (EEZ). The applicability of these duties depends on the existence of a right of third states to conduct military activities in the EEZ of another state. Still, this preliminary issue remains extremely controversial because the rules established by the Convention do not offer any clear guidance. On the other hand, if such a right is recognized in abstracto and thus the applicability of the ‘due regard’ duties is triggered, an enquiry into the potential procedural and substantive scope of these duties is necessary to understand how conflicts between this right and coastal states’ rights and jurisdiction should be resolved in concreto.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

Specific Performance: A Comparative Analysis (2)

2003 ◽  
Vol 7 (2) ◽  
pp. 194-217
Author(s):  
Shael Herman
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
United Nations ◽  
Final Section ◽  
The Other ◽  
Other Hand ◽  
Specific Performance ◽  
The Usa ◽  
United Nations Convention ◽  
Anglo American

The first part of this article appeared in the first issue of this volume of the Edinburgh Law Review. The article explores the regulation of specific performance of sales by reference to Spain and the USA and speculates on the interaction of these municipal laws with the United Nations Convention on Contracts for the International Sale of Goods (CISG). The first part compared Spanish and United States approaches to specific performance. In this second part the CISG's approach to specific performance is examined with the goal of inquiring, on one hand, whether the drafters have successfully accounted for both Anglo-American and Romano-Germanic preferences, or, on the other hand, whether the CISG's synthesis of the preferences is faulty and manifests incompatible goals that may be difficult to harmonise. Recent US decisions on specific performance under the CISG are discussed as well as some of the assumptions underlying the reasoning processes of US courts in commercial cases. The final section speculates on reasons for the intensity of the rivalry between proponents of specific performance as a primary remedy and those favouring damages as a primary remedy.

Ch.7 Non-performance, s.4: Damages, Introduction to Section 7.4 of the PICC

2015 ◽  
Author(s):  
McKendrick Ewan
Keyword(s):  
United Nations ◽  
The Other ◽  
Limiting Factor ◽  
Notable Feature ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
The Right

Section 7.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) is concerned with remedy of damages. It covers the right to recover damages in the event of non-performance as well as the measure of damages, particularly the use of foreseeability as a limiting factor on the recoverability of damages. A notable feature of Section 7.4 is that the entitlement to recover damages is not linked to any notion of fault, nor to any system of notification of the defaulting party. Instead, the right arises on non-performance by the other party to the contract unless the non-performance is excused. The articles in Section 7.4 build upon, and in places develop, the rules to be found in the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Part II UN Core Conventions on Transnational Organised Crime, 11 The United Nations Convention against Corruption and its Criminal Law Provisions

2016 ◽  
Author(s):  
Kubiciel Michael ◽  
Rink Anna Cornelia
Keyword(s):  
United Nations ◽  
International Development ◽  
International Cooperation ◽  
Criminal Law ◽  
Organised Crime ◽  
Overwhelming Majority ◽  
Asset Recovery ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention against Corruption (UNCAC) from 2003 marks the peak of a broad international development in the fight against corruption, which started in the early 1990s. In recent years, it has been signed and ratified by an overwhelming majority of states. Although the UNCAC is not just a criminal law convention, but encompasses a multitude of rules on prevention, asset recovery, and international cooperation, it also includes a comprehensive arsenal of criminal law provisions. This chapter explores the origin of the UNCAC as a whole and the background and scope of all its criminal law provisions, both mandatory and discretionary.

Part II Commentaries to Typical Sofa Rules, 9 Civilian Components

2018 ◽  
Author(s):  
Muñoz-Mosquera Andrés ◽  
Chalanouli Nikoleta
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
The Other ◽  
Other Hand ◽  
Effective Performance ◽  
The United Nations ◽  
Common Understanding

This chapter addresses the civilian components accompanying Visiting Forces. For these components, the privileges and immunities of the UN and those specific of the mission apply. This mission immunity is essential for an impartial and effective performance of the specific UN mandate, which is ‘a prerequisite for the success of the mission’. The legal framework for these privileges and immunities has to be sought in Art. 105 of the UN Charter, which consecrates the principle that the UN officials shall enjoy in the territory of each of its members such privileges and immunities as are necessary for the fulfilment of UN purposes in order to be independent in the exercise of their functions. On the other hand, the 1946 Convention on Privileges and Immunities of the United Nations has not come to bring a common understanding on to whom it applies when peacekeepers are involved.

scholarly journals Editor's Note

2018 ◽  
Vol 8 (3) ◽  
pp. v-vii ◽  
Author(s):  
Harlan Koff ◽  
Carmen Maganda
Keyword(s):  
United Nations ◽  
Millennium Development Goals ◽  
Statistical Approach ◽  
The Other ◽  
The Political ◽  
Political Consciousness ◽  
Other Hand ◽  
Political Program ◽  
Development Goals ◽  
The United Nations

Much debate has swirled around the United Nations’ (UN) 2000–2015 Millennium Development Goals (MDGs). On one hand, the MDGs established the fight against poverty in the global political consciousness. On the other hand, they maintained a traditional statistical approach to “development” that focused on indicators more than transformation. Critics (such as Blanco Sío-López, 2015; Martens, 2015) have contended that the MDGs reinforced power imbalances and the indicators included in the political program were unattainable by many developing states since the beginning.

UNESCO and the ‘right’ kind of culture: Bureaucratic production and articulation

2011 ◽  
Vol 31 (4) ◽  
pp. 273-292 ◽  
Author(s):  
Bjarke Nielsen
Keyword(s):  
United Nations ◽  
The Other ◽  
Everyday Practice ◽  
Ethnographic Fieldwork ◽  
Institutional Authority ◽  
Other Hand ◽  
The Social ◽  
The United Nations ◽  
The One ◽  
The Right

There has been much debate on ‘culturespeak’ and the politics of culture, but the bureaucratic articulation of specific representations of culture has not received much attention. Drawing on ethnographic fieldwork, this article presents a double take on bureaucracy. On the one hand, I focus on the outcome of UNESCO’s bureaucracy: UNESCO promotes an all-inclusive culture perspective for ‘We the Peoples of the United Nations’, but there are limits to tolerance in this culture ideology. On the other hand, I focus on the social and pragmatic adaptation to the bureaucratic field and towards UNESCO’s keywords, as they are embedded with institutional authority in everyday practice. In conclusion, I briefly situate UNESCO’s culture ideology in relation to questions of recognition and redistribution.

Building Pragmatic Utopias: The “Other” Security Council, International Law, and the United Nations Dream

2018 ◽  
Vol 60 (1) ◽  
pp. 607-636
Author(s):  
Rossana Deplano
Keyword(s):  
United Nations ◽  
International Law ◽  
International Cooperation ◽  
Security Council ◽  
The Other ◽  
The United Nations

This article revisits certain aspects of the foundational idea of international cooperation within the framework of the United Nations. By providing an empirically grounded analysis of the use of international law by the Security Council, the article aims at redesigning the breadth, scope, and limits of the United Nations utopian mission of creating a world without war. An argument is made that despite significant legal and political limitations, the United Nations is delivering an increasingly humanised type of international cooperation. Hence, after seven decades it is still on track eventually to deliver a pragmatic utopia.

Sign in / Sign up

Export Citation Format

Share Document