Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 10

Search results for: Jurisdiction

10 Military Court’s Jurisdiction over Military Members Who Commit General Crimes under Indonesian Military Judiciary System in Comparison with Other Countries

Authors: Dini Dewi Heniarti

Abstract:

The importance of this study is to understand how Indonesian military court asserts its jurisdiction over military members who commit general crimes within the Indonesian military judiciary system in comparison to other countries. This research employs a normative-juridical approach in combination with historical and comparative-juridical approaches. The research specification is analytical-descriptive in nature, i.e. describing or outlining the principles, basic concepts, and norms related to military judiciary system, which are further analyzed within the context of implementation and as the inputs for military justice regulation under the Indonesian legal system. Main data used in this research are secondary data, including primary, secondary and tertiary legal sources. The research focuses on secondary data, while primary data are supplementary in nature. The validity of data is checked using multi-methods commonly known as triangulation, i.e. to reflect the efforts to gain an in-depth understanding of phenomena being studied. Here, the military element is kept intact in the judiciary process with due observance of the Military Criminal Justice System and the Military Command Development Principle. The Indonesian military judiciary jurisdiction over military members committing general crimes is based on national legal system and global development while taking into account the structure, composition and position of military forces within the state structure. Jurisdiction is formulated by setting forth the substantive norm of crimes that are military in nature. At the level of adjudication jurisdiction, the military court has a jurisdiction to adjudicate military personnel who commit general offences. At the level of execution jurisdiction, the military court has a jurisdiction to execute the sentence against military members who have been convicted with a final and binding judgement. Military court's jurisdiction needs to be expanded when the country is in the state of war.

Keywords: Military courts, Jurisdiction, Military members, Military justice system.

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9 Electronic Transactions: Jurisdictional Issues in the European Union

Authors: Faeze Razmpa

Abstract:

One of the main consequences of the ubiquitous usage of Internet as a means to conduct business has been the progressive internationalization of contracts created to support such transactions. As electronic commerce becomes International commerce, the reality is that commercial disputes will occur creating such questions as: "In which country do I bring proceedings?" and "Which law is to be applied to solve disputes?" The decentralized and global structure of the Internet and its decentralized operation have given e-commerce a transnational element that affects two questions essential to any transaction: applicable law and jurisdiction in the event of dispute. The sharing of applicable law and jurisdiction among States in respect of international transactions traditionally has been based on the use of contact factors generally of a territorial nature (the place where real estate is located, customary residence, principal establishment, place of shipping goods). The characteristics of the Internet as a new space sometimes make it difficult to apply these rules, and may make them inoperative or lead to results that are surprising or totally foreign to the contracting parties and other elements and circumstances of the case.

Keywords: Electronic, European Union, Jurisdiction, Internet

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8 Client Importance and Audit Quality under Civil Law versus Common Law Societies

Authors: Kelly Grani Yuen

Abstract:

Accounting scandals and auditing frauds are perceived to be driven by aggressive companies and misrepresentation of audit reports. However, local legal systems and law enforcements may affect the services auditors provide to their ‘important’ clients. Under the civil law and common law jurisdictions, the standard setters, the government, and the regulatory bodies treat cases differently. As such, whether or not different forms of legal systems and extent of law enforcement plays an important role in auditor’s Audit Quality is a question this paper attempts to explore. The paper focuses on the investigation in Asia, where Hong Kong represents the common-law jurisdiction, while Taiwan and China represent the civil law jurisdiction. Only the ten reputable accounting firms are used in this study due to the differences in rankings and establishments of some of the small local audit firms. This will also contribute to the data collected between the years 2007-2013. By focusing on the use of multiple regression based on the dependent (Audit Quality) and independent variables (Client Importance, Law Enforcement, and Press Freedom), six different models are established. Results demonstrate that since different jurisdictions have different legal systems and market regulations, auditor’s treatment on ‘important’ clients will vary. However, with the moderators in place (law enforcement and press freedom), the relationship between client importance and audit quality may be smoothed out. With that in mind, this study contributes to local governments and standard setters’ consideration on legal reform and proper law enforcement in the market. Perhaps, with such modifications on the economic systems, collusion between companies and auditors can finally be put to a halt.

Keywords: Audit quality, client importance, jurisdiction, modified audit opinions.

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7 Off-Shore Port Management on the Environmental Issue - Case Study of Sichang Harbor

Authors: Sarisa Pechpoothong

Abstract:

The research is to minimize environmental damage pertinent to maritime activities about the operation of lighter boat anchorage and its tugboat. The guidance on upgrading current harbor service and infrastructure has been provided to Kho Sichang Municpality. This will involve a study of the maritime logistics of the water area under jurisdiction of the Sichang island Municipality and possible recommendations may involve charging taxes, regulations and fees. With implementing these recommendations will help in protection of the marine environment and in increasing operator functionality. Additionally, our recommendation is to generate a consistent revenue stream to the municipality. The action items contained in this research are feasible and effective, the success of these initiatives are heavily dependent upon successful promotion and enforcement. Promoting new rules and regulations effectively and peacefully can be done through theories and techniques used in the psychology of persuasion. In order to assure compliance with the regulations, the municipality must maintain stringent patrols and fines for violators. In order to become success, the Municipality must preserve a consistent, transparent and significant enforcement system. Considering potential opportunities outside of the current state of the municipality, the authors recommend that Koh Sichang be given additional jurisdiction to capture value from the master vessels, as well as to confront the more significant environmental challenges these vessels pose. Finally, the authors recommend that the Port of Koh Sichang Island obtain a free port status in order to increase economic viability and overall sustainability.

Keywords: Harbor, Garbage Collection Service, Environment, Off-shore port.

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6 Evolving Paradigm of Right to Development in International Human Rights Law and Its Transformation into the National Legal System: Challenges and Responses in Pakistan

Authors: Naeem Ullah Khan, Kalsoom Khan

Abstract:

No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: Globalization, Pakistan, RTD, third-generation right.

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5 An Institutional Analysis of IFRS Adoption in Poor Jurisdictions

Authors: C. F. Pricope

Abstract:

The last two decades witnessed a movement towards harmonization of international financial reporting standards (IFRS) throughout the global economy. This investigation seeks to identify the factors that could explain the adoption of IFRS by poor jurisdictions. While there has been a considerable amount of literature published on the effects and key drivers of IFRS adoption in both developed and developing countries, little attention has been paid to jurisdictions with less developed capital markets and low income levels exclusively. Drawing upon the Institutional Isomorphism theory and analyzing a sample of 45 poor jurisdictions between 2008 and 2013, the study empirically shows that poor jurisdictions are driven by legitimacy concerns rather than by economic reasoning to adopt an international accounting perspective. This in turn has implications for the IASB, as it should seek to influence institutional pressures within a particular jurisdiction in order to promote IFRS adoption.

Keywords: IFRS Adoption, isomorphism, poor jurisdictions, accounting harmonization.

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4 Electronic Commerce: Costumer Protection In Electronic Payments

Authors: Omid Ghassemi

Abstract:

As a by-product of its "cyberspace" status, electronic commerce is global, encompassing a whole range of B2C relationships which need to be approached with solutions provided at a local level while remaining viable when applied to global issues. Today, the European Union seems to be endowed with a reliable legal framework for consumer protection. A question which remains, however, is enforcement of this protection. This is probably a matter of time and awareness from both parties in the B2C relationship. Business should realize that enhancing trust in the minds of consumers is more than a question of technology; it is a question of best practice. Best practice starts with the online service of high street banks as well as with the existence of a secure, user-friendly and cost-effective payment system. It also includes the respect of privacy and the use of smart cards as well as enhancing privacy technologies and fair information practice. In sum, only by offering this guarantee of privacy and security will the consumer be assured that, in cyberspace, his/her interests will be protected in the same manner as in a traditional commercial environment.

Keywords: Consumer, Electronic, Jurisdiction, Payment

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3 Challenges for Rural School Leaders in a Developing Context: The Case of Solomon Islands

Authors: G. Lingam, N. Lingam, K. Raghuwaiya

Abstract:

Thirty-eight rural school leaders in Solomon Islands responded to a questionnaire aimed at identifying their perceptions of work challenges. The data analysis points to an overwhelming percentage of school leaders feeling they face multifaceted problems in their work settings, including such challenges as untrained teachers, lack of funding, limited learning and teaching resources, and land disputes. The latter in particular is beyond the school leader’s jurisdiction; addressing it needs urgent attention from the principal stakeholder(s). Such challenges, seemingly tangential to the business of schooling, inadvertently affect the provision of good-quality education. The findings demonstrate that contextual challenges raise questions about what powers leadership at school level has to deal with some of them. The suggestion is advanced for the significant place-conscious leadership development to help address some community and cultural challenges. Implications of this paper are likely to be relevant to other similar contexts in the Pacific region and beyond.

Keywords: Rural school leaders, leadership, challenges, Solomon Islands, contextual factors.

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2 Article 5 (3) of the Brussels I Regulation and Its Applicability in the Case of Intellectual Property Rights Infringement on the Internet

Authors: Nataliya Hitsevich

Abstract:

Article 5(3) of the Brussels I Regulation provides that a person domiciled in a Member State may be sued in another Member State in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful events occurred or may occur. For a number of years Article 5 (3) of the Brussels I Regulation has been at the centre of the debate regarding the intellectual property rights infringement over the Internet. Nothing has been done to adapt the provisions relating to non-internet cases of infringement of intellectual property rights to the context of the Internet. The author’s findings indicate that in the case of intellectual property rights infringement on the Internet, the plaintiff has the option to sue either: the court of the Member State of the event giving rise to the damage: where the publisher of the newspaper is established; the court of the Member State where the damage occurred: where defamatory article is distributed. However, it must be admitted that whilst infringement over the Internet has some similarity to multi-State defamation by means of newspapers, the position is not entirely analogous due to the cross-border nature of the Internet. A simple example which may appropriately illustrate its contentious nature is a defamatory statement published on a website accessible in different Member States, and available in different languages. Therefore, we need to answer the question: how these traditional jurisdictional rules apply in the case of intellectual property rights infringement over the Internet? Should these traditional jurisdictional rules be modified?

Keywords: Intellectual property rights, infringement, Internet, jurisdiction.

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1 Design of Seismically Resistant Tree-Branching Steel Frames Using Theory and Design Guides for Eccentrically Braced Frames

Authors: R. Gary Black, Abolhassan Astaneh-Asl

Abstract:

The International Building Code (IBC) and the  California Building Code (CBC) both recognize four basic types of  steel seismic resistant frames; moment frames, concentrically braced  frames, shear walls and eccentrically braced frames. Based on  specified geometries and detailing, the seismic performance of these  steel frames is well understood. In 2011, the authors designed an  innovative steel braced frame system with tapering members in the  general shape of a branching tree as a seismic retrofit solution to an  existing four story “lift-slab” building. Located in the seismically  active San Francisco Bay Area of California, a frame of this  configuration, not covered by the governing codes, would typically  require model or full scale testing to obtain jurisdiction approval.  This paper describes how the theories, protocols, and code  requirements of eccentrically braced frames (EBFs) were employed  to satisfy the 2009 International Building Code (IBC) and the 2010  California Building Code (CBC) for seismically resistant steel frames  and permit construction of these nonconforming geometries.

 

Keywords: Eccentrically Braced Frame, Lift Slab Construction, Seismic Retrofit, Shear Link, Steel Design.

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