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.
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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. Sovereign Wealth Funds and Investor-State Dispute Settlement: The Interplay between Domestic and International Investment Law by Muhammad Ussama Mahmoud, at 337–94;
Having managed to impose the prevalence of its interests in the twentieth century, inter alia, through ideas of “internationalization” of investment agreements signed between host states and private foreign investors and right of access, it is perhaps ironic to observe countries of the Global North seeking refuge in the caves of protectionism as evidenced in their recently-issued domestic laws. Now that the flow of FDI is no longer moving in one direction, developed countries have increasingly tasted the bitterness of presuming the role of the “host state of investments”. Upon the conclusion of Global Financial Crises of 2007-2009, developed states have grown worrisome of the considerable rise in the importance of sovereign investors in general, and sovereign wealth funds (“SWFs”) in particular, especially now that their assets under management have reached trillions of dollars. As a result of various concerns which developed countries have concerning investments made by SWFs, developed countries have been keen on taking necessary steps to control, or even block, foreign investments made by these funds. Recourse to national law to treat potential problems that naturally fall within the realm of international investment law, however, is problematic and is arguably not the best approach. States cannot invoke their domestic laws to rid themselves of international obligations which are incorporated in international investment agreements (“IIAs”). Guarantees against discrimination, including national treatment (“NT”) and most-favoured-nation (“MFN”) clauses, and fair and equitable treatment (“FET”) can prove quite problematic for developed countries resorting to protectionist measures. A finding of breach of any of these substantive standards of protection by an investment arbitration tribunal entails the liability of the host state that committed the breach. On the basis of this discussion and analysis, the present piece of work emphasizes the importance of realizing the interplay between domestic and international law in the field of international investment law, and points to the inherent flaws and dangers of abandoning international obligations for protectionist measures. It further points to the existence of double standards in how developed countries have reacted to problems of foreign investment law in the twentieth century and in the present time.
Keywords: international development, global trade, international law, economic law.
2. The Brazilian Anti-Corruption Law: A New Way to Control the Relationship between Public Administration and the Private Sector, by Eneida L. Salgado, Ana C.A. Viana, & Emerson Gabardo, at 397–421;
Corruption is a very serious problem in Brazil. Since 1990, more than 50 laws have been enacted to combat misuse of public resources. Law 12.846, that entered in to force in 2013, has been commonly known as the “Corporate Anti-Corruption Law.” Despite the traditional moral system, Law 12.846/2013 emphasizes private entities, which refreshes the Brazilian legal scheme of anti-corruption programs. In addition, it focuses on prevention. Thus, the objective of this paper, is to examine the main characteristics of this law, especially those that are different from the traditional Brazilian norms and seems to present weaknesses. It seeks to analyze whether the distinct rationality brought within the general scope of normative behavior is actually achieved in the law’s provisions. The methodology of the work is logic-deductive through examination of the law itself. The analysis is divided into three sections. First, the paper presents the context in which the law was promulgate, and sequentially, indicates the scope of the proscribed conduct and the judicial and administrative processes of punishment set forth the law. Further, the paper analyzes the doctrines of objective responsibility and the independence of transactions and occurrences. In addition, the paper critically examines the application of the law to foreign entities. The final section points out the important role that the Law has played spreading the culture of integrity, in an embryonic stage in connection with the law’s enactment. There are several shortcomings in the law, especially in the administrative procedural aspects and in the independence of instances, both of which should be considered and improved in this construction of new rationality.
Keywords: Anti-corruption Law, Brazilian Public Administration, Private Firms, Administrative Process, Civil Liability.
3. A Momentary Glimpse of the Moon of the Bliss, by Subhan, at 425-44;
4. Against Direct Presidential Election, by Pranoto Iskandar, at 447-53.
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 and Dean, Macquarie University Law School; 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
The Institute for Migrant Rights Press
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Jalan Amalia Rubini 35
Cianjur, Jawa Barat - Indonesia 43213
To see the list of the accepted works which will appear in the forthcoming issue of the journal, please click the "In the Press" button
COPYRIGHT & LICENSING POLICY
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.
Authors should cite appropriate sources for facts and ideas that they draw on in their article. Authors are responsible for obtaining permission to include any copyrighted material including images or tables in their work.
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.
Reviewers must keep information related to the articles confidential, confirming that the entire text of an article (and drafts), will not be shared until its publication, upon which time the final version of the article may be shared freely according to copyright licensing. Reviewers confirm that all details about comments made during the peer review process will remain confidential among the individuals involved and not be divulged to anyone else.
Reviews should be clear and constructive, 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.
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.
The editorial committee is responsible for ensuring that any press releases or other communications issued by the journal reflect the message of the reported article and put it into appropriate context.
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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Become a Friend of the IJICL
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.
IJICL Operating Fund
All contributions to the IJICL’s operating fund help the Journal to meet its most immediate needs, including the cost of publication.
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