Juris Gentium Law Review

Where is the Energy: Object and Purpose of the ECT under the Sunset Clause Scrutiny

2024-09-18T02:07:23+07:00

This article aims to find the equilibrium between the compatibility of the object and purpose of the Energy Charter Treaty (“ECT”) and the plan of reduction of the 20-year protection of the sunset clause which becomes the hindrance of States to fully commit with their environmental obligations in the face of climate change. In so doing, a qualitative, normative, and doctrinal approach will be employed to elaborate, dissect, and analyse the issues. In producing the analysis of the issue, this article assembles primary sources (original legal texts) and secondary sources (cases, books, commentaries, preparatory work, newspaper articles, online sources) to meaningfully find the object and purpose of the ECT and its interpretation and implementation. The finding shows that the object and purpose is to enhance energy co-operation through protection of investment and safeguard towards the environment. Thus, the sunset clause reduction plan is compatible with the ECT’s object and purpose.

Binding or Not? Determining the Legal Status in International Law of UN Security Council Resolutions

2024-09-18T01:59:13+07:00

The resolutions of the United Nations Security Council, when binding on states, constitute a source of international obligations. However, when these resolutions are ambiguous, doubt arises as to whether they are indeed binding on states. In the case of Namibia, the International Court of Justice established a test to interpret a Security Council resolution and determine its binding nature. This test is controversial because not every organization has the authority to interpret such resolutions, and moreover, the test itself lacks clarity. Therefore, this article analyzes the nature of Security Council resolutions and seeks to explain when a resolution is binding on the states of the international community. The analysis focuses on elucidating the characteristics and language used in the resolutions, as well as the context and circumstances under which they are adopted, to provide a more precise guide on their binding nature.

Comparative Analysis of Death Penalty Practices Socio-Political Influences in India and Indonesia

2024-09-18T02:10:55+07:00

The paper compares the multi-dimensional issue regarding capital punishment in India and Indonesia from legal, socio-political, and human rights perspectives. It will further probe how, in these two countries, the death penalty evolved along the lines of ancient practices, colonial inheritance, and modern developments relating to its legal frameworks. It interprets constitutional provisions, landmark judicial decisions, and recent legal reforms, providing insight into the comparative legal interpretations and procedural methods of execution. The research examines in detail statistical analyses, demographic patterns, and regional trends that bring out these variations in the practice of the death penalty. It investigates what socio-political dynamics bring about capital punishment practices, such as public opinion, media, political parties, and NGOs. Wrongful convictions and human rights abuses are assessed against ethical debates and compliance with international human rights treaties. This research attempts to highlight some of the main similarities and differences in cultural, religious, and socio-political factors influencing the death penalty in India and Indonesia. The policy recommendations and future directions are addressed at the end, with the purpose of enlightening legal and policy reforms that uphold human rights and principles of justice, to add to global discourse on capital punishment.