Results 21 to 30 of about 6,433 (303)

Aspek Hukum Peradilan Adat di Indonesia Periode 1602 – 2009

open access: yesKanun, 2013
: Indonesian legal system recognizes 5 (five) formal legal sources, namely; act, judge decision, treaty, expert view, and customary law. Custom subsystem is unwritten law or more well known as customary law.
Teuku Muttaqin Mansur, Faridah Jalil
doaj   +1 more source

Transformation of Customary Law Through ICC Practice

open access: yesAJIL Unbound, 2018
Article 21 of the Rome Statute, in defining the applicable sources of law for the International Criminal Court (ICC), breaks with the practice of the ad hoc tribunals by treating customary international law as only a secondary authority.
Fausto Pocar
doaj   +1 more source

Nature of Customary international law: All we need is practice [PDF]

open access: yesPravni Zapisi, 2021
The main objective of this paper is to critically assess the dominant additive theory of the formation of Customary International Law by using the concept of discursive normative practice and the work of Gerald Postema.
Hrnjaz Miloš
doaj   +1 more source

UNDERSTANDING ZINA LAW IN INDONESIA (After the Ratification of the Criminal Code Bill Becomes Law Number 1 of 2023 About the Criminal Code)

open access: yesAl-Manhaj, 2023
This study aims to find weaknesses in law enforcement related to the problem of adultery in Indonesian laws as well as to provide solutions so that the law can be upheld. This research was made using library research research which in its implementation
Rizqi Suprayogi
doaj   +1 more source

The Formation of Customary Law Related to the Use of Natural Resources in the Lore Lindu Region

open access: yesFiat Justisia, 2018
The research aims to know and comprehend the customary law principles as a rule in the exploration of natural resources, to know communities behavior on customary law in exploring the natural resources, and to explain the customary law as a beneficial ...
Agus Lanini   +4 more
doaj   +1 more source

Interpretability of Rules of Customary International Law [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
1. IntroductionSeveral centuries have passed since the emergence of the international law system. Over time, the development of international rules has increasingly influenced and regulated numerous aspects of human activity. The expansion of these rules,
Mahdi Haddadi
doaj   +1 more source

The discourse on customary international law /

open access: yes, 2023
Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes an ...
D'Aspremont, Jean,
core   +1 more source

A Theory of Interpretation for Customary International Law [PDF]

open access: yes, 2023
Customary international law (CIL), alongside treaties and general principles, is one of the three primary sources of international law. Historically, rules of CIL are some of the oldest rules of international law, forming the foundations of the system ...
Mileva, Nina, Mileva, Nina; id_orcid
core   +1 more source

Customary Sources of International Humanitarian Law, Geneva Conventions and their Relationship with the Second Additional Protocol of the Geneva Conventions of 1949 Relating to the Protection of Victims in the Non- International Armed Conflicts

open access: yesIntegrated Journal for Research in Arts and Humanities, 2023
This paper will address the importance of customary humanitarian law as a source of international humanitarian law which is one of the main pillars in the protection of human rights and freedoms during the war. The focus of the paper is the importance of the Geneva Conventions of 1949 and the second additional protocol dealing with the protection of ...
Safet Krasniqi   +3 more
openaire   +1 more source

THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA

open access: yesНаука Красноярья, 2016
Legal anthropology studies of the institution of marriage and family focusing on sources and form of matrimonial law have featured conflicting conclusions. In scientific literature the disputes among researchers are settled by defining one’s views on the
Serzhena Zhigmitovna Dugarova
doaj   +1 more source

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