there are two different contradictory approach regarding the interaction of the state immunity and jus cogens. some jurist argue that jus cogens rules should prevail over other inconsistent ordinary rules of international law including state immunity. this argument therefore depends upon the existence of conflict between rules of jus cogens, and the rule of customary law which requires one stat...

Background: Creating the ground for peace and reconciliation through recourse to arbitration has been one of the common methods of litigation that is rooted in ethics. In the criminal justice system, judicial and police officials are the reference for investigation, inquiry and investigation. The sovereign and their representatives have the exclusive competence and no other person has the autho...

The process and mechanism for settling criminal cases always progresses from time to time. One of the mechanisms in today's modern era is settlement through Restorative Justice. Although initially, its application was more informal limited, this concept has developed become part Criminal Justice System. Settlement that involve many related parties are oriented towards repair or restoration vari...

The Nigerian justice system currently faces significant administration and efficiency problems. It is well-established that the slow, not accountable, so transparent unfriendly to its users stakeholders. use of legal terminologies technicalities are rife bogged down wheel justice. This study aims determine how implementation customary Law Lagos State can facilitate quick efficient at courts. Sp...

Abstract Application of international treaty and customary law at the Court Justice European Union (CJEU) is increasingly recognized by scholars as problematic regarding legal certainty. This Article seeks to illustrate why this propose reform. Through comparing judicial approaches in application CJEU its approach internal case law, it argued that frequent absence proportionality external has u...

Indonesia has passed a policy on child protection and eliminating domestic violence. However, the critical question that needs to be asked is why violence against children increases yearly. This study aims analyze model of legal for victims based justice. research empirical with primary, secondary, tertiary data. concludes norms Malay customary law regulate in Bengkulu City, namely Cempalo Hand...

This article supports the position that the 1989 United Nations Convention on the Rights of the Child (CRC) articulates a prohibition of capital punishment of juveniles that now must be considered a norm of jus cogens. The article provides statistics and trends regarding juveniles who commit capital crimes and describes how the U.S. justice system handles such juveniles, including Eighth Amendm...

Esan Native Law and Customs like any other customary laws in Nigeria is recognised as law that regulated the aspect of people subject to its jurisdiction. One such aspect, succession inheritance rights. Although, has from time immemorial made adequate sufficient rules regulate govern rights, recently these have come under vigorous legal scrutiny concerning their applicability vis-à-vis enforcem...

The principle of horizontal separation in Indonesian Agrarian Law has a philosophical meaning maximizing the utility land for people's lives, including indigenous communities. existence this is to realize social justice people Indonesia. tangible manifestation case plantation business management between owners cooperation with actors as capital owners. However, practice, there needs be an adjus...