This bi-weekly podcast presents a variety of cutting-edge views and insights that take on a wide range of timely issues from curated global law scholars. In addition to provide an in-depth look at some of the best contributions to the journal, there will also be features that focus on contemporary affairs and recently published scholarly works.
INDONESIAN JOURNAL OF INTERNATIONAL & COMPARATIVE LAW
As a premier Global South-based scholarly publication, The Indonesian Journal of International & Comparative Law is the first of its kind. The Journal aspires to serve as an influential international forum for scholarly analysis, that advancing leading edge debates in legal discourse and beyond. Since its first publication, it has garnered wide critical acclaim in the service of reinvigorating the reconceptualization of the law reform enterprises in beyond the Western world. By positioning itself in the vanguard of scholarship, the published viewpoints are curated from a wide range of contributors, starting from novices to multiple Pulitzer Prize winning authors. The Journal has regularly illuminated pressing legal questions across the continent, prominently cited by, among many others, the U.S. District Court Eastern District of New York in the U.S. v. Chin Chong and the U.S. Court of Appeals for the Ninth Circuit in the State of Hawaii and Ismail Elshikh v. Donald J. Trump et al. In addition to being listed as cited in many world’s eminent law journals, its unique nature has allowed the Journal’s publications to transgress the impenetrable boundaries of the academia, including the prestigious L.A. Times, Human Rights Watch’s World Report, the U.N. Special Rapporteurs' studies, and the American Bar Association’s India Law News.
The Indonesian Journal of International & Comparative Law commenced its publication in 2014 under the auspices of the Institute for Migrant Rights, Cianjur -- Indonesia. The idea behind its establishment grew out of the concern over an impasse in contemporary and comparative legal scholarship in Indonesia and the region in general. As a transnational scholarly project, the Journal provides a forum for legal practitioners and scholars from all over the world to discuss a broad range of issues relating to "law."
As States become more integrated, there is a pressing need to respond to the climate where legal, social, and political issues increasingly cross national boundaries in their impact. The Journal, in its global reach, is designed to address these considerations by challenging the orthodoxies that once considered "progressive.” Its primary purpose is to provide a new forum for emerging perspectives on international and comparative legal issues, especially those that implicate non-Western regions or cultures. In that respect, the Journal—through its publications—aims to enrich existing approaches to legal analysis and widen the proper ambit of legal studies in the Global South.
The Journal is thus particularly interested in considering submissions that invoke creative outlooks on “law” and present arguments that go beyond doctrinal analysis. We strongly encourage works that aim to generate practical impact in policy-making at all levels. The Journal welcomes theoretical, empirical, historical, comparative, and inter-disciplinary manuscripts covering legal issues in any jurisdiction, as well as notes and book reviews examining the impact of rapidly changing legal regimes on specific areas or sub-disciplines of legal studies.
PUBLISH WITH US
What We're Looking For
We are interested in article submissions that fall under the categories of theoretical, empirical and application of international and foreign laws in national legal system. For the technical piece, we invite high quality submissions of papers describing original and unpublished results of conceptual, constructive, empirical, experimental, or theoretical work in all areas of international and comparative legal studies. Successful submissions may range from novel technical results to rigorous evaluations of existing problems or research results. Submissions describing groundbreaking approaches to emerging problems will be considered based on timeliness and potential impact. Submissions will only be evaluated on the basis of originality, contribution, soundness, evaluation, quality of presentation, and appropriate comparison to related works. In addition, we also accept submission on Book Review, Note, and Comment.
OUR LATEST ISSUE
1. International Law and Child Marriage in Africa, by John M. Mbaku, at 101–244;
In recent years, civil society organizations in many countries around the world, as well as international organizations, such as UNICEF, have redoubled their efforts to end child marriage, prevent girls from marrying too young, and provide support for those girls that were already married as children. Child marriage is generally understood as a marriage or union—whether formal or informal—in which at least one of the parties is under 18 years of age. International organizations, such as the United Nations, have recognized child marriage as a violation of the human rights of the children involved and a practice that disproportionately affects women and girls globally. Human rights, including those of girl-children, are the purview of international law. Nevertheless, since the international community does not have a global government that can enact laws against child marriage and make certain that these laws are enforced, legal scholars have argued that the most important mechanism for the enforcement of international law, including international human rights law, is for each ratifying government to domesticate the treaties that they sign and ratify and hence, create rights that are justiciable in domestic courts. Where countries have not yet internationalized their national constitutional law, courts can use their interpretive power to bring each country’s law into conformity with the provisions of international human rights instruments. An examination of two cases dealing with child marriage, one from the United Republic of Tanzania and the other from the Republic of Zimbabwe, shows that courts in these African countries are gradually developing a jurisprudence that effectively addresses the problem of child marriage and its impact on the rights of children.
Keywords: Human Rights, Forced Marriage, Children’s Rights, Law and Development, Comparative Law.
2. Addressing the Issue of Piracy off Indonesia and Nigeria: The Need for a Paradigm Change, by Kalu K. Anele, at 245-76;
Given the abundant natural resources, especially oil and gas, including refined products, in Indonesia and Nigeria, which essentially rely on the maritime sector for their exploitation, exportation, and importation, a coastline devoid of piracy becomes imperative. Indeed, piracy significantly affects the exportation and importation of finished goods. More importantly, piracy has humanitarian, economic, and sociopolitical effects on both countries. Whereas the waters of both countries are deemed risky for navigation, the governments of Indonesia and Nigeria do not seem to be doing enough to curb piracy. This paper observes that due to the significant commonalities between both countries in terms of the nature of piracy, the significance of the maritime sector, internal security, and the geographical and economic positions in their regions, similar measures to curb piracy can be recommended for both countries. Consequently, the paper argues that strengthening legal regime and institutional framework, cooperation with regional countries, including other relevant institutions, and the political will to curb piracy by both governments are vital in suppressing piracy off Indonesia and Nigeria.
Keywords: Law of the Sea, Law Enforcement, International Law, International Cooperation, International
3. ASEAN Further Enhances Its Dispute Settlement Mechanism, by Edmund Sim, at 279–92;
The ASEAN Economic Community (AEC) has been negatively impacted by the relative lack of credibility of its dispute settlement system, the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (EDSM). Because of procedural and structural deficiencies and bureaucratic inertia, the EDSM has never been used. This lack of an effective dispute resolution system undermines investor confidence in the AEC, as uncertainty persists about how ASEAN Member States’ AEC commitments would be enforced. In 2019, ASEAN completed a further “enhancement” of the EDSM. On their face, the 2019 revisions do indeed “enhance” the EDSM by eliminating structural problems such as impractical timelines and by bolstering previously underdeveloped systems such as appellate procedures, creation of arbitration panels and rules of conduct for panelists. This will help give the revised EDSM more credibility. Ultimately, however, whether the updated EDSM will be viewed as more credible, thereby strengthening the AEC, will depend on factors beyond its remit. Cultural and political factors in ASEAN will determine to what extent the updated EDSM is used by the ASEAN Member States. Moreover, the relative decline of alternative dispute forums, in particular the WTO, may make the updated EDSM more attractive to ASEAN Member States. Either way, the 2019 revisions in the EDSM are both welcome and timely reinforcements to the legal and policy foundations of the AEC.
Keywords: Regionalism, Southeast Asia, Regional Economic Law, Regional Trading Blocs.
4. The Commercial Agency Law: Opening Kuwait’s Market through Liberalization of the Principal-Agent Relationship, by Abdulwahab A. Sadeq & Abdullah Al Hayyan, at 239-311;
As with many nations, Kuwait limits to its markets by requiring alternative means including joint venture, partnership, and agency agreements. As a result, even small changes to laws regulating these agreements can have an enormous impact on foreign firms’ access to Kuwaiti markets. The Kuwaiti Commercial Agencies Law has dramatically changed the commercial landscape. While this law has been subjected to intense scrutiny, the potential impact of the changes particularly regarding agency law, has escaped full exploration. This paper analyzes the legal consequences of the agency law and concludes that the liberalization of principal-agent relationship will profoundly impact foreign investment in Kuwait’s markets. While far from complete liberalization its markets, the greater relative bargaining power of investor-principals has the potential to increase foreign investment in Kuwait.
Keywords: Principal, Agent, Commercial Agencies Law, Distribution, Exclusive Agency, Foreign Direct Investment.
5. The pandemic case for supra-national governance: A redux, by Pranoto Iskandar, at 297-312.
THE EDITORIAL BOARD
Founding Editor: Pranoto Iskandar, Founding Director of the Institute for Migrant Rights
Honorary Editorial Board: Zühtü Arslan, President of the Turkish Constitutional Court; Ronald C. Brown, Professor of Law, University of Hawai‘i at Mānoa William S. Richardson School of Law; Mark Cammack, Professor of Law, Southwestern Law School; Diane Desierto, Associate Professor of Human Rights Law & Global Affairs at University of Notre Dame; Ejan Mackaay, Emeritus Professor, Montreal University Faculty of Law; Paul J. Magnarella, Former Expert-on-Mission with the UN Criminal Tribunal for the Former Yugoslavia; Bradford Mank, James Helmer, Jr. Professor of Law, University of Cincinnati College of Law; Philip McConnaughay, Dean of Peking University School of Transnational Law (STL), Shenzhen, China; André Nollkaemper, Professor of Public International Law and Vice-Dean for Research at the Faculty of Law of the University of Amsterdam; Edmund Sim, Partner at Appleton & Luff; Ingeborg Schwenzer, Professor of Law, the University of Basel, Switzerland; Ana Filipa Vrdoljak, Professor of Law, University of Technology Sydney Faculty of Law
Technical Editorial Board: Christopher Cason, the Institute for Migrant Rights; executive assistant editor: Sarah Ingle, the Institute for Migrant Rights; Leigha Crout, associate researcher, the Institute for Migrant Rights; research: Yu-Jhong Huang, the Institute for Migrant Rights; Saru Arifin, Universitas Negeri Semarang.
Advisory Board: Abdullahi Ahmed An-Na'im, the Charles Howard Candler Professor of Law at Emory University School of Law; Jagdish Bhagwati, University Professor, Columbia University and Senior Fellow at Council on Foreign Relations; Thomas Buergenthal, Judge at the International Court of Justice and Lobingier Professor of Comparative Law and & Jurisprudence, George Washington University Law School; Hilary Charlesworth, Professor and Director of the Centre for International Governance and Justice in the Regulatory Institutions Network at the Australian National University and Australian Research Council Laureate Fellow; Laurence Boisson De Chazournes, Professor of Law, University of Geneva Faculty of Law; Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar and Professor of Political Science, University of Chicago; Mattias Kumm, Inge Rennert Professor of Law NYU School of Law, Research Professor for "Rule of Law in the Age of Globalization" at the WZB (the Social Science Research Center), Berlin and Professor of Law at Humboldt University, Berlin; Bert B. Lockwood, Jr., Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights, University of Cincinnati College of Law; Beth Lyon, Clinical Professor of Law and Founder of Cornell's Farmworker's Legal Assistance Clinic; Frédéric Mégret, Associate Professor of Law McGill University and the Canada Research Chair on the Law of Human Rights and Legal Pluralism; Musdah Mulia, Indonesia's Prominent Muslim Woman Activist for Women's Rights; Muna B. Ndulo, William Nelson Cromwell Professor of Law, Cornell Law School; Nicola Piper, Associate Professor in Human Rights and Director, Asia Pacific Masters of Human Rights and Democratisation, University of Sydney; Aziz Rana, Professor of Law, Cornell Law School; Dinah Shelton, Manatt/Ahn Professor of International Law, George Washington University Law School and President of the Inter-American Commission of Human Rights; David Weissbrodt, Regents Professor and Fredrikson & Byron Professor of Law, University of Minnesota.
Review Board: Tally Kritzman-Amir, College of Law and Business Law School; Paul M. Anderson, Professor of Law and Associate Director, National Sports Law Institute, Marquette University Law School; Zühtü Arslan, Professor of Constitutional Law and Judge at the Turkish Constitutional Court; Christine Bell, Professor of Constitutional Law, the University of Edinburgh Law School; Laurie Berg, University of Technology Sydney Faculty of Law; Ian Blackshaw, Founder Member International Law Unit and Visiting Professor at Anglia Ruskin University Law School, Cambridge, United Kingdom; Simon Butt, Professor of Indonesian Law and Associate Director of the Centre for Asian and Pacific Law at the University of Sydney Law School; Sophie Clavier, Chair International Relations Department, San Francisco State University; Donald L. Horowitz, James B. Duke Professor of Law and Political Science Emeritus at Duke University; Faleel Jamaldeen. Assistant Professor, Effat University College of Business, Saudi Arabia; Natalie Klein, Professor of Law, UNSW Law; Ejan Mackaay, Emeritus Professor, University of Montreal Faculty of Law; Agustín José Menéndez, Profesor Contratado Doctor Permanente I3 at the Universidad de León, Spain; Mark Sidel, Doyle-Bascom Professor of Law and Public Affairs at the University of Wisconsin-Madison; Andy Spalding, Assistant Professor of Law, University of Richmond School of Law; Colleen Toomey, Associate Dean of Peking University School of Transnational Law; Amanda Whiting, Associate Professor, Melbourne Law School and Associate Director (Malaysia), Asian Law Centre, The University of Melbourne; Simon NM Young, Professor and Barrister, University of Hong Kong; Tae-Ung Baek, Associate Professor of Law and Chair of Pasific-Asian Legal Studies, University of Hawai‘i at Mānoa William S. Richardson School of Law.
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SUBMITTING YOUR MANUSCRIPT
The Journal works only in Microsoft Word.
Maximum Length of Manuscripts
The maximum length for articles is 75 letter-sized pages in 12-point Times New Roman type, with double-spaced text, quotations, and footnotes, not endnotes. The maximum length for Current Developments, Notes and Comments is 30 letter-sized pages in 12-point Times New Roman type, with double-spaced text, quotations, and footnotes.
In general, the Journal follows The Bluebook on such matters as typeface conventions; quotations; abbreviations, numerals, and symbols; italicization; and terms of court. For questions not answered by the Bluebook, and for matters of capitalization and titles, we mainly follow the Chicago Manual of Style.
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The Indonesian Journal of International & Comparative Law
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Requests for permissions with regard to republications, photocopies, or other copyright matters for all materials published by The Indonesian Journal of International and Comparative Law should be directed to the Copyright Clearance Center.
Authors are required to give a guarantee that the same article, or an article with substantially the same content, has not been submitted concurrently to a different journal. Authors should submit only original work.
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Authors should include any conflicts of interest in their biographies or in a statement in the published paper. Conflict of interest includes any financial interests or connections, direct or indirect, or other situations that might raise the question of bias in the work - including pertinent sources of funding for the individual author(s) or for the associated department(s) or organization(s), or personal relationships.
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Reviewers should certify that the authors have cited appropriate sources for their work, and are asked to notify the editorial team if they notice any overlap between an authors’ paper and a previously published work.
Editorial Committee Responsibilities
The editorial committee must keep information related to articles confidential. This includes ensuring that the peer review process is done according to the Journal Reviewing Process. The editorial team must confirm that all details about what is rejected for publication, requests for redrafts, and comments made during the peer review and editorial process will remain confidential among the individuals involved in the editorial, review and publications processes.
The editorial chairs has the responsibility of accepting or rejecting an article, as well as the responsibility of notifying authors of any revisions which need to be made to their work prior to publication.
The editorial team must review the article purely for its scholarly qualities without regard to factors such as the discussion subject or geographical area of the subject and the sex, race, religion, sexual orientation, gender identity, or nationality of the author. The editorial team will take steps to ensure that submissions from members of the journal’s Editorial Board or the publisher’s staff, membership organizations, Board, or Associates receive an objective and unbiased evaluation. Editorial decisions to accept or reject a paper for publication should be based on the paper’s contribution, originality coherence, clarity and proper application of research methods as well as its relevance to the remit of the journal.
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The editorial committee has a responsibility to investigate any suspicions of misconduct. Should they find any proof of misconduct, they also have the responsibility to find an appropriate solution.
The editorial committee encourage and are willing to consider cogent criticisms of work published in the Anti-Trafficking Review. Authors of criticized material should be given the opportunity to respond. The editorial committee is responsible for determining an appropriate format for criticism and response. Further, the editorial committee is open to receiving submissions that challenge previous work published in the Journal.
The manuscript submissions is encouraged to be submitted electronically at the Bepress web site. All submissions must conform to the submission instructions given on the Bluebook Citation.
Submissions will be evaluated on the basis of originality, contribution, soundness, evaluation, quality of presentation and appropriate comparison to related work. For the technical research track, we invite high quality submissions of papers describing original and unpublished results of conceptual, constructive, empirical, experimental, or theoretical work in all areas of international and comparative legal studies. Successful submissions may range from novel technical results to scientific evaluations of existing problems or research results. Submissions describing groundbreaking approaches to emerging problems will be considered based on timeliness and potential impact. Submissions will be evaluated on the basis of originality, contribution, soundness, evaluation, quality of presentation, and appropriate comparison to related work.
The first level of review is carried out by a member of the editorial committee who have expertise in relevant subject and current research areas. The second level of review is performed by the Chair of Editorial Boards. Only applications that are favorably recommended by both the editorial committee and the Chair may be recommended for review by the external reviewers, usually two to four, with the relevant expertise or current research area. In addition, the reviewing process is also involving the active role of the relevant members of advisory committee at any stage whenever it deems as appropriate. Please also note that sometimes authors are encouraged to suggest possible external reviewers. The editor of the journal receives the manuscripts with comments back from the expert reviewer(s) and forwards them to the author with a summary recommendation. There are generally four different types of recommendations: (1) publication as is; (2) needs revision to correct errors or answer certain questions; (3) does not fit the focus of the journal or (4) not suitable for publication.
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You can become a Friend of the IJICL by making a contribution to one of the funds listed below. Your contribution enables IJICL to attract and recognize the best scholars and authors in the country and elsewhere in support of their scholarly work. Checks should be made payable to the Institute for Migrant Rights and mailed to Post Office Box 267, the Institute for Migrant Rights 43213. Please indicate on your check to which fund you intend to contribute.
IJICL Annual Prize
The IJICL Annual Prize is established to recognize the most outstanding contribution to the Journal in each volume. The Prize will be named according to the Donor’s preferences. Alternatively, the Prize can be named in memory or honor of a loved one.
IJICL Fellowship Endowment
The IJICL Fellowship Endownment is established to support the manusccript writing process that is considered as having great potential to be a significant contribution in the field of legal scholarship which will be published in IJICL. This fellowship is intended to symbolize the level of support for the work of an emerging and acclaimed scholar, researcher or author.
The IJICL Endowment exists to ensure the Journal’s future financial stability. As an entity financially independent of any school of laws, the Journal depends partially on this endowment to fund its operations.
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Jl. Amalia Rubini No.35, Sayang, Kec. Cianjur, Kabupaten Cianjur, Jawa Barat 43213, Indonesia
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