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The EU has concluded many international agreements with third states. Since the EU is not a state, it cannot act as a party before the International Court of Justice (ICJ), either as an applicant or as a defendant, which means that the enforcement of these agreements must be regulated through Dispute Settlement provisions in the agreements themselves (though, depending on the subject of the dispute, a procedure within the framework of the WTO is also possible). However, the Court of Justice might have opened the door for a new enforcement possibility in its Venezuela v. Council judgment, where it ruled that Venezuela -- a third state -- could have legal standing before the Court on the basis of the fourth paragraph of Article 263 TFEU. This article will analyse whether third states could have access to the Court, in order to seek annulment of an EU legal act that potentially violates a provision of an international agreement that the third state had previously concluded with the EU. It will do so by looking at the ratio decidendi of the Court in Venezuela v. Council, and by analysing the conditions of direct and individual concern, the potential exclusionary effects of Dispute Settlement provisions in international agreements, and the need for direct effect of these agreements. For a variety of reasons, the article will mostly focus on Free Trade Agreements (FTAs). [ABSTRACT FROM AUTHOR]

On October 4th 2024 the Court of Justice issued its judgement in Front Polisario II upholding the judgement in which GC annulled Council’s decision on the conclusion of the trade agreement between European Union and Morocco. In its landmark judgement the Court acknowledged the legal standing of Front Polisario – the liberation movement representing rights of the people of Western Sahara. The Court’s findings advance the flexible and adequate approach on access to EU’s courts – and for that are worth applauding.

The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.

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Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The main goal of this article is to examine to what extent citizens and their associations as a party in court proceedings can protect the environment in EU countries and Serbia, and also to identify main trends and limitations for access to justice in European legal systems. After analysing the three prevailing approaches to the regulation of locus standi in European countries, the aim of this article is also to determine the extent to which Serbian legislation fits into European legal systems. A normative-dogmatic method and a comparative legal method have been used in this article in order to analyse the legislation and practise in European countries in relation to the right of the public to protect the environment in administrative judicial proceedings. The article focuses on analysing the relevant international and national legislations and their implementation. The way in which locus standi is formulated is the key issue in exercising the right of the (concerned) public to initiate an administrative dispute for the protection of the environment and the protection of participation rights in environmental decision-making. Access to administrative courts in environmental matters usually implies that legal standing to initiate administrative disputes is granted to environmental civil society organisations (the public concerned), although citizens (the public) may also have standing in some cases.

Technology always leaping more forward than before this can happen because there’s a many inovations and work of mankind, as example we can take it from the development of Artificial Intelligence with this kind of development is a subject of a Research and Development from Technologies itself that can make work more easier than before and of course Artificial Intelligence always related to Big data and computing power that can think and make conclusions like human being, on the side of Law this development is a pretty game changer such as on Indonesia itself there was a website called a HukumOnline who has already launching an platform LIA ( Legal Intelligence Assistant) that using an A.I based for the public, for next example we can take it from America that using an A.I too called “Do Not Pay” in short this Apps is a lawyer based on A.I, but on February 2023 this Apps only used for ticketing Case only In the case example above, of course, questions will arise about how AI is positioned in the criminal justice process in Indonesia, therefore this journal will explain the subject matter.

The growth of state auxiliary organs increases the possibility of conflicting authority. Regrettably, the Indonesian Constitutional Court can only settle authority disputes between constitutional state organs. It is based on Article 24C 1945 Constitution jo. Article 61 Constitutional Court Act 2003 jo. Article 2 Constitutional Court Regulation No. 08/PMK/2006. Thus, how does does authority dispute resolution involve state auxiliary organs? This subject is addressed by normative legal research, which examines secondary evidence in the form of laws, Constitutional Court decisions, and doctrines. Based on the statutatory and conceptual approaches, it is found that the rule of legal standing leads to multiple interpretations about which state organ can have a legal standing in the constitutional court. Furthermore, the legal standing requirements are quite narrow and need to be strengthened to respond to the constitutional dynamics in Indonesia, particularly with the emergence of state auxiliary organs. According to this study, state auxiliary organs, particularly those with constitutional importance, can fulfill legal standing standards. While for the authority dispute which involves other state auxiliary organs, it can be resolved based on their legitimacy. Therefore, Constitutional Court Regulation No. 08/PMK/2006 must be revised to accommodate the settlement of authority disputes between state auxiliary organs.

The research on the existence of Indigenous Community (IC) is interesting to discuss heretofore. Previous studies have discussed the relationship between IC and Constitutional Court (CC) authority in judicial review of the Law (JR). Still, no research has comprehensively mapped the dynamics of granting the Litigants' legal standing to IC in JR since the establishment of CC. This research aims to obtain a portrait of the dynamics and basis of CC for granting legal standing to IC as a Litigant in JR and providing a basic proposal for determining IC’s legal standing as a Litigant in JR. This normative legal research analyzes secondary data by comprehensively mapping decisions on JR with IC as Petitioner since CC was established in 2003 to 2019. The study's results indicate several patterns of legal considerations and the basis of legal considerations for the CC in granting legal standing to IC as Litigants in JR.

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers. [ABSTRACT FROM AUTHOR]

Technology always leaping more forward than before this can happen because there's a many inovations and work of mankind, as example we can take it from the development of Artificial Intelligence with this kind of development is a subject of a Research and Development from Technologies itself that can make work more easier than before and of course Artificial Intelligence always related to Big data and computing power that can think and make conclusions like human being, on the side of Law this development is a pretty game changer such as on Indonesia itself there was a website called a HukumOnline who has already launching an platform LIA (Legal Intelligence Assistant) that using an A.I based for the public, for next example we can take it from America that using an A.I too called "Do Not Pay" in short this Apps is a lawyer based on A.I, but on February 2023 this Apps only used for ticketing Case only In the case example above, of course, questions will arise about how AI is positioned in the criminal justice process in Indonesia, therefore this journal will explain the subject matter. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Individuals and non-governmental organizations' access to justice in environmental matters may be hindered by a variety of obstacles, such as the fulfillment of legal standing conditions. In this regard, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), on its Article 9(3), imposes on each State Party the obligation to ensure members of the public, "where they meet the criteria, if any, laid down in its national law", to have access to justice in order to challenge any violation of national environmental law. In this contribution, I focus on this provision with the purpose of assessing its normative content regarding the criteria for legal standing. To this end, I analyze the interpretation of Article 9(3) given by the Aarhus Convention Compliance Committee (ACCC), as well as the relevant case law of domestic courts and the Court of Justice of the European Union (CJEU). [ABSTRACT FROM AUTHOR]

This study critically analyses the entrenched concept of the privity of contract doctrine within the context of goods delivery agreements and its impact on the final consumer, specifically focusing on issues of delayed delivery and consequential losses. Adopting normative legal research methodologies, it employs statutory, conceptual, and case-based approaches to dissect this complex consumer protection issue. The research reveals that while the privity of contract paradigm posits rights and obligations as exclusive to the contracting parties, the final consumer, as the recipient of goods, possesses legal standing in cases of delivery negligence or incurred losses. The study also highlights the consumer's right to delivery in accordance with the agreed terms, even when not a primary party in the agreement, as long as the goods are not for resale. The paper concludes by emphasizing the critical role of judges in assessing immaterial losses based on the principle of ex aequo et bono, thus underscoring a shift towards a caveat vendor approach in consumer law, with significant implications for both business actors and global consumer protection frameworks. Highlights: • The concept of privity of contract is not absolute in goods delivery agreements, and the final consumer can possess legal standing in cases of delivery negligence or incurred losses. • The recipient of goods, even when not a primary party in the agreement, maintains the right to delivery in accordance with the agreed terms, provided the goods are not intended for resale. • Judges play a pivotal role in quantifying immaterial losses, underlining the shift towards a caveat vendor approach in consumer law. Keywords: Privity of Contract, Consumer Protection, Goods Delivery Agreements, Legal Standing, Ex Aequo et Bono.

This study criticizes the weakness of the regulation that solely grants Legal Standing for Petitioners seeking the Dissolution of Political Parties at the Constitutional Court to the Government, comprising the Attorney General and the Minister appointed by the President. Another approach is necessary for the Dissolution of Political Parties, which entails providing Legal Standing to the Corruption Eradication Commission, an Executive Entity that is not directly subordinate to the President. Public Trust in the Corruption Eradication Commission remains considerably high, rendering it suitable for representing the Government as a Petitioner for the Dissolution of a Political Party. Consequently, legislators must revise the Constitutional Court Law, the Corruption Eradication Commission Law, and the Constitutional Court's Regulation regarding Procedures for the Dissolution of Political Parties, thereby granting legal standing to the Corruption Eradication Commission as the Petitioner for Dissolving Political Parties.

In Indonesia itself, in making transactions or agreements in general we use seals. We usually find seals on a document or securities. This study aims to find out and analyze the legal position of electronic seals according to law number 10 of 20201 concerning stamp duty. As well as analyzing the repayment of stamp duty on documents in Indonesia associated with the development of information technology in Indonesia. This research belongs to the normative type of research. So it can be known that the legal force of this Electronic Seal is the same as that of the sticky seal. Furthermore, the payment of stamp duty on documents in Indonesia is associated with the development of information technology in Indonesia has actually experienced significant development since the enactment of the Stamp Duty Law in 1986. [ABSTRACT FROM AUTHOR]

Odontocetes, or 'toothed whales', have a complex brain structure and possess rationality, self-awareness, sociability and culture. Cognitive science and modern theories of personhood challenge the notion that humans alone are moral persons. This paper reviews evidence from the cognitive science literature relevant to moral personhood in bottlenose dolphins, orcas, and beluga whales. It applies theories of personhood of Peter Singer, David DeGrazia, and Steven Wise, and finds that odontocetes fulfil criteria to be granted at least borderline personhood. The legal implications of attributing personhood to dolphins remains uncertain. Recognition of dolphin personhood may lead to fundamental legal rights against capture, captivity, and killing; alternatively, the courts may continue to restrict legal personhood and associated protections to human beings. Finally, despite the major influence of personhood on morality and law in the West, the biologically more widespread quality of sentience is sufficient for greater moral considerability and legal protections for nonhuman species. [ABSTRACT FROM AUTHOR]

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Upon the Transposition of European Directive No. (UE) 2020/1828 of 25/11/2020, whose new rules will apply from 25/6/2023, each EU Member State will be required to have at least one collective action, responding to the limit Its minimum requirements, aimed at protecting the collective interests of consumers, The directive called it the representative action, can be bringing against any professional who breaches his obligations, by organizations he calls qualified entities, provided they are designated in advance by member states. And that representative action can be domestic, as it can be cross-border. However, the main weakness of the directive is that it sets unified and binding criteria for all Member States to designate qualified entities for the purpose of bringing cross-border representative actions, and In contrast leaves those countries free to set criteria for designating qualified entities for the the purpose of bringing national representative action, in a way that leads to a lack of coordination between Member States, and to increase the risk of forum shopping. Therefore, This study is content to shed light on this particular problem, and on the solutions that some propose to address it. [ABSTRACT FROM AUTHOR]

Investment is one of the factors driving economic growth in realizing economic equality and eradicating poverty. Economic Activities Investment plays a role in the development of companies or projects with the aim of obtaining profit sharing. The investment currently discussed in this study is a stock investment in the capital market. The growth of investors in the Indonesian capital market is considered quite good but is still relatively lagging behind other countries. One strategy to increase economic activity in the capital market sector is to utilize stock influencers. This study uses a literature study technique in collecting data in which the authors collect information related to legal reviews of the role of stock influencers in Indonesia. The formulation of the problem in this study focuses on (1) the influence of stock influencers on the number of investors, (2) prohibitions in the capital market industry, and (3) the role of stock influencers in terms of the Capital Market Law. The conclusion explains that stock Influencers provide information about stock investment well so that it can increase the number of investors, but requires a persuasive and educational approach to Influencers in order to know the risks and impacts as a whole and how to educate the public to invest properly. Then explained that the prohibition on the capital market and the role of stock influencers according to the Capital Market Law have not been explicitly regulated so it must be noted that influencers are not investment advisors and cannot be investment advisors, Influencers are not capital market supporting profession, Information submitted by influencers must heed Article 79 of the Capital Market Law, Influencer behaviour is viewed from actions that are prohibited in the capital market sector according to the provisions of articles 90-96 of the Capital Market Law.

The discourse on limiting the legislators standing to submit a constitutional review is not an entirely new issue to analyze. However, these things still need to be examined to explore the legal ratio of limitation of the legislator’s standing to submit a constitutional review by the Constitutional Court. This research specifically answers the questions: (a) how are the dynamics of the use of the legislators standing in the constitutional review? (b) what is the legal ratio for limiting legislators standing in the constitutional review? This study uses a normative legal research method by analyzing secondary data in the form of legislation, the Constitutional Court decisions, and literature related to legislators standing to submit the constitutional review. The results of this study indicate that the legal ratio limiting legislators’ standing can be traced through the legal considerations of the Constitutional Court decisions from 2003-2019.

This article explores the new dynamic practice of assignment/monetization of arbitral awards. While, initially, this practice came across as a way to contain the risks connected to the pursuit of long-lasting arbitration disputes, and to cut down the risks related to the enforcement of arbitral awards, this setting has rapidly evolved into a marketing trend and award-winning parties are rushing to entering into agreements with financial institutions to monetize awards in exchange of significant upfront liquidity. By providing a description of the key provisions that should be included in an assignment agreement and analysing recent case law and the legal hurdles that may be encountered by assignees when enforcing assigned awards, this article attempts to bring clarity and a user-friendly guide on how deals for the assignment of awards should be arranged. [ABSTRACT FROM AUTHOR]

This manuscript aims to analyze the extent to which the role, the tendency, the influence of the Organization of Islamic Cooperation (OIC) to protect Indonesian migrant workers in that member states. The analysis was carried out uses a juridical normative method, and resulted in that OIC to the protection of Indonesian migrant workers confirmed has a strong capacity to solve migrant workers' problems among its member states. In this case implementation of the employment policies issued by the OIC are a form of empowerment resources migrant workers through indirect protection (through education, training, dissemination, research, and development) that has prospects good enough for Indonesia to protect migrant workers although not significant.

La Sentencia del Tribunal Constitucional 155/2020 bajo análisis reafirma la importancia del principo pro actione en la delimitación del contenido y alcance del derecho al acceso a la justicia. El pronunciamiento refuerza la doctrina constitucional española en materia de legitimación procesal, insistiendo en la idea de que basta con demostrar un mero interés legitimo para interponer un recurso. Asimismo, reafirma el rol primordial del Tribunal Constitucional en evitar que un excesivo rigorismo formal en la consideración de la admisión de los recursos, por parte de los órganos judiciales, genere una lesión al derecho a la tutela judicial efectiva de los recurrentes. El presente comentario gira en torno a los conceptos de legitimación procesal, interés directo e interés legítimo, así como sobre los alcances del juicio de proporcionalidad y razonabilidad en materia de acceso a la jurisdicción.

To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming its existence) in at least some cases, the lowest of any group surveyed on, and rated the desired level of protection for sentient AI as lower than all groups other than corporations. We further investigated and observed political differences in responses; liberals were more likely to endorse legal protection and personhood for sentient AI than conservatives. Taken together, these results suggest that laypeople are not by-and-large in favor of granting legal protection to AI, and that the ordinary conception of legal status, similar to codified legal doctrine, is not based on a mere capacity to feel pleasure and pain. At the same time, the observed political differences suggest that previous literature regarding political differences in empathy and moral circle expansion apply to artificially intelligent systems and extend partially, though not entirely, to legal consideration, as well.

Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a multi-billion-rand tender. Although the majority of the Constitutional Court recognised the public importance of the case, it adjudicated the dispute entirely on a preliminary point. It found that the applicant did not have legal standing to seek the judicial review of the award of the tender. This case note has three aims. First, I will argue that the Constitutional Court's majority judgment in Areva was generally unpersuasive. Second, I will attempt to show that Areva exposes an unresolved legal question: when should a court consider the merits of a case made by a litigant with questionable standing? Third, I will propose a method for resolving this question by way of substantive judicial reasoning in any given case.

Problems with indigenous people in Boalemo district, Gorontalo Province often occur, especially the issues about the imposement of costumary sanctions. Imposing costumary sanctions without clear relugations will absolutely cause legal consequences in the future. Eventhough constitutional rights for indigenous people is already granted by the government as stated In article 18B paragraph (2), and Article 28 I paragraph (3) of The 1945 Constitution Of Republic Indonesia. This regulation is a mandate from the state and given to the regions. This regulation is oftenly referred when discussing the existence and rights of indigenous peoples and become a crutial issues when it comes to the implementation of the protection of the constitutional rights for indigenous peoples in Boalemo district Gorontalo Province. Therefore, This research aims to analyze the Legal standing for indigenous people and constitutional rights for costumary sanctions in Boalemo district Gorontalo Province. This normative research utilized secondary data as resourch and used statute approach and case approach. The results of the study discover that the costumary law and the imposement of costumary sanctions are still mantained and implemented in Indonesia. Government should more concern about constitutional rights compliance for indigenous people. However, the imposement of customary sanctions are not regulated in a regional regulation. So the constitutional rights which should become the spirit for regional autonomy to provide justice in a judiciary are only resolved by way of deliberation, This can not give the satisfaction for some parties.

The paper focuses on rules of standing in the context of environmental law. With the implementation of the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention) in European law, interest groups have become major players in the enforcement of environmental regulations. Although such interest groups can help to reduce enforcement deficits, their involvements create the risk of regulatory gridlock, with excessive litigation lengthening approval processes which can discourage investment in public and private infrastructure. The paper discusses the implementation of the Aarhus Convention in Germany, highlights ways to overcome administrative gridlock and facilitate effective approval procedures. If implemented, these strategies will enable Germany's economy to remain competitive, supporting the maintenance of the country's high standard of living and strong welfare state. [ABSTRACT FROM AUTHOR]

Tujuan perkawinan adalah membentuk suatu keluarga (rumah tangga) yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa. Untuk mencapai tujuan tersebut diperlukan sosialisasi peraturan perundang-undangan bagi masyarakat dan penegakan peraturan oleh pejabat Pemerintah yang berwenang. Peneliti ini bertujuan untuk mengkaji penerapan kaidah-kaidah atau norma-norma dalam hukum yang positif yang kemudian dihubungkan dengan pembahasan yang menjadi pokok pembahasan. penelitian hukum yuridis normatif dilakukan dengan cara mengkaji aturan hukum bersifat formil seperti undang-undang, peraturan serta literatur yang berisi konsep-konsep teoritis. Hasil penelitian mendeskripsikan berdasarkan Deskresi yang dimiliki Kepala Desa diterbitkan Surat Keterangan Pernikahan oleh Kepala Desa dan Perangkat Desa Banjarsari Bekasi kepada masyarakat Desa yang melakukan pernikahan secara siri/dibawah tangan. Hal ini dimaksudkan untuk memberikan keringanan dalam memenuhi syarat administrasi untuk pembuatan dokumen penting. Berdasarkan peraturan perundang-undangan yang berlaku, Kepala Desa dan Perangkat Desa tidak memiliki legal standing untuk menerbitkan Surat Keterangan Nikah sehingga berpotensi melakukan pelanggaran Undang-Undang No. 1 Tahun 1974 tentang Perkawinan, Undang-Undang No. 30 Tahun 2014 tentang Administrasi Pemerintahan yang mengakibatkan Surat Keterangan Nikah tidak sah menurut hukum serta kepada Kepala Desa dapat dikenakan sanksi administrasi.

The discourse regarding the determination of the taxpayer standing in judicial review is not a completely new issue to be analyzed. However, it still needs to be examined in the framework of exploring the legal ratio for determining taxpayer standing in judicial review by the Constitutional Court. The findings of this research are an inseparable part of legal research in doctoral degree regarding the dynamics of the Petitioner’s legal standing in judicial review by the Constitutional Court. This research specifically answers the following questions: (a) how is the taxpayer doctrine as a legal standing in judicial review? (b) What is the legal ratio for determining taxpayer standing in judicial review by the Constitutional Court? This is normative legal research, by analyzing secondary data in the form of statutory regulations, Constitutional Court decisions, and literature related to the doctrine of the taxpayer standing in judicial review. The results indicate that the legal ratio for determining taxpayer standing in a judicial review can be traced through the legal considerations of the Constitutional Court decisions in judicial review since 2003-2019.

In late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed against the decision of the Magistrate's Court in which he was denied the opportunity to hand up a victim impact statement. The thrust of his application was that his rights, as a victim of the crime in which his son was negligently killed by the fourth respondent, had been violated, and that this raised an arguable point of law of general public importance. The respondents, however, argued that the applicant lacked standing as the dominus litis in culpable homicide cases is the public prosecutor, and not the relatives of the deceased, or the victim. The case turned on whether the exercise of discretion by the Magistrate in denying Wickham the right to be heard was performed correctly; and whether a non-party to criminal proceedings could make an application for the review of the Magistrate's conduct. The article seeks to interrogate the rights of victims in criminal proceedings and aptly poses the following question: Do victims of crimes have a locus standi to be part of criminal proceedings?

Abstract This research discusses the rights of voters and communities in the head of regional election disputes with one candidate. However, the rights of voters and communities have not regulated in the Head of Regional Election Act. The problem is that the enactment of the Head of Regional Election Act restricts the rights of voters and communities. This research is a legal research with statue approach, conceptual approach, historical approach, case approach, and using primary and secondary sources in law. This research concluded that the limitation of the rights of voters and communities in the head of regional election disputes based on the Head of Regional Election Act resulted that the voters and communities have not legal standing in the head of regional election disputes, so that the provisions of the Constitutional Court were not accepted, despite the fact that there were violations in the implementation head of regional election that destroy democracy. Abstrak Penelitian dalam artikel ini membahas hak gugat pemilih dan masyarakat dalam perselisihan hasil Pilkada calon tunggal. Namun hak gugat pemilih dan masyarakat tersebut belum diatur di dalam Undang Undang Pilkada. Permasalahannya berlakunya Undang Undang Pilkada serta perubahannya membatasi hak gugat pemilih dan masyarakat. Penelitian ini merupakan penelitian hukum dengan pendekatan undang-undang, pendekatan konseptual, pendekatan historis, dan pendekatan kasus, serta bersumber pada bahan-bahan hukum primer dan bahan-bahan hukum sekunder. Penelitian ini menyimpulkan bahwa pembatasan hak gugat pemilih dan masyarakat dalam perselisihan hasil Pilkada pada Undang Undang Pilkada serta perubahannya mengakibatkan pemilih dan masyarakat tidak memiliki kedudukan hukum dalam perselisihan hasil Pilkada, sehingga selama persyaratan kedudukan hukum tidak terpenuhi, maka amar putusan Mahkamah Konstitusi adalah tidak dapat diterima, meskipun pada kenyataannya terjadi pelanggaran-pelanggaran dalam pelaksanaan Pilkada yang menciderai demokrasi.

The aim of this work is to think on the contradiction between disability, as a real problem, and the attempt, usual in recent times, to affirm that those who suffer inability and in spite of this, have full capacity, not only legal, but also to act legally, what is contrary to the most obvious reality, inventing, for this purpose, the expression «exercise of legal capacity », which results in a potential or real source of undesirable consequences. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law. [ABSTRACT FROM AUTHOR]

In late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed against the decision of the Magistrate's Court in which he was denied the opportunity to hand up a victim impact statement. The thrust of his application was that his rights, as a victim of the crime in which his son was negligently killed by the fourth respondent, had been violated, and that this raised an arguable point of law of general public importance. The respondents, however, argued that the applicant lacked standing as the dominus litis in culpable homicide cases is the public prosecutor, and not the relatives of the deceased, or the victim. The case turned on whether the exercise of discretion by the Magistrate in denying Wickham the right to be heard was performed correctly; and whether a nonparty to criminal proceedings could make an application for the review of the Magistrate's conduct. The article seeks to interrogate the rights of victims in criminal proceedings and aptly poses the following question: Do victims of crimes have a locus standi to be part of criminal proceedings?. [ABSTRACT FROM AUTHOR]

In Should trees have standing?, Christopher Stone argues that there are sufficient grounds to confer legal rights upon natural objects such as forests, rivers, and oceans. These rights would enable them to sue corporations and other third parties in court for inflicting environmental damage as a consequence of business operations, thereby granting them the same legal powers that are accorded to human plaintiffs who sue other humans for inflicting injury upon them. Recognizing natural objects as rightsholders would require the court to appoint legal guardians to stand on their behalf, in much the same way that relatives of disabled and incapacitated persons are allowed to represent their interests against parties that have allegedly injured them. Stone provides three arguments to support his claims: an argument from increasing historical inclusivity, another from the compositionality of interests, and one from the knowledge of nature. This paper raises a series of objections to the philosophical premises underlying these arguments. They may be rejected on political, ontological, and epistemological grounds, and can be shown to be incompatible with widely accepted philosophical theories and legal practices. These objections will partly explain why environmental legislation has been met with staunch resistance by various public sectors on many occasions. Philosophers, lawyers, and judges alike frequently reject the soundness of arguments of this character. As an alternative, this paper shall outline a framework for the legal protection of natural objects. Such a framework shall be contrasted with Stone's on three grounds: it emphasizes duties rather than rights as grounds of legislation, it favors humanistic over naturalistic reasoning, and it argues that there is strategic value in appointing legal custodians for natural objects instead of legal guardians. The framework is then applied to analyzing Joel Feinberg's argument on the rights of future generations of persons as an alternative basis for lobbying for environmental legislation. This work concludes by suggesting that Feinberg's argument, with some modifications introduced by the author, provides a sounder philosophical basis for protecting natural objects than what Stone has provided. [ABSTRACT FROM AUTHOR]

In this study the authors intended to investigate the procedural rules specific to the judicial control of the acts issued by the public authorities in the matter of restitution of properties taken over by the State during the communist regime, as well as the processual guarantees enjoyed by the persons concerned for the effective exercise of the right to a fair trial and the right to respect the goods regulated by Article 6 paragraph 1 of the European Convention on Human Rights and, respectively, Article 1 of Protocol No 1 to the Convention. During this scientific process, the authors have identified the shortcomings of the legislation in the matter and have formulated de lege ferenda proposals for complying with the Pilot-Judgment of the European Court of Human Rights in the Case Maria Atanasiu and others against Romania, whereby it has been decided that the Romanian State takes measures to guarantee the effective protection of these rights. The proposed legislative amendments have as purpose to re-open access to justice for the eligible persons, in compliance with the requirements of ECHR law, in the cases where public authorities refuse to resolve their requests for restitution of buildings abusively taken over by the State. [ABSTRACT FROM AUTHOR]