The establishment of the International Criminal Court represents a major milestone in the interna... more The establishment of the International Criminal Court represents a major milestone in the international community’s fight against impunity at the international level. International prosecution by the ICC represents a direct contribution to the fight against impunity for international crimes under the Rome Statute regime. However, international justice mechanisms, whether permanent or ad hoc, are not intended to supplant States where they have organized criminal justice systems which are willing and able to ensure that there is accountability for the crimes concerned. Indeed pursuant to the principle of complementarity, the Rome Statute provides ample room not only for the exercise of national jurisdiction, but also for the development of international criminal law at the national level. While encouraging the use of and explaining the avenues available under the Rome Statute to its State Parties to undertake domestic prosecutions, this article argues that national prosecutions should remain the primary option, wherever feasible, because they can handle many more cases and are usually preferable from the perspectives of victims and local justice systems.
The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic... more The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic that has caused in high number of deaths in many countries and across national boundaries. In its early stage, governments all over the world have decided to implement lockdowns and closing of national border as ad hoc measures to slow down the drastic increase of the widespread of Covid-19. The United Nations through the UN General Assembly at its 74th session adopted Resolution on Global solidarity to fight COVID-19 recognized that this pandemic requires a global response based on unity, solidarity and renewed multilateral cooperation. The UN General Assembly passed under resolution on international cooperation to ensure global access to medicines, vaccines and medical equipment to face Covid-19 pandemic. This article is divided into three parts; the background of the current health security regulatory system under the International Health Regulations (IHR) 2005; the pursuance of pand...
The International Court of Justice (ICJ) awarded Batu Puteh (Pedra Branca) to Singapore in 2008. ... more The International Court of Justice (ICJ) awarded Batu Puteh (Pedra Branca) to Singapore in 2008. However, the sovereignty over the Middle Rocks, a maritime feature that is located about one kilometre from Batu Puteh was granted to Malaysia. This decision left a huge impact for maritime boundary delimitations in this region and incited mixed feelings among Malaysians, Singaporeans and the global community as a whole. Quite recently, the Sultan of Johor has suggested for a special team to be established in making an appeal against the decision of the ICJ in 2008. This article therefore discusses the potential legal and political implications should both Malaysia and Singapore, agree to revive this case again at the ICJ. This article concludes that while this suggestion may possess merits, it is nevertheless more feasible for Malaysia and Singapore to resolve the related disputes through bilateral negotiations so as to preserve the concept of good
One of the most noteworthy achievements of the establishment of the WTO in 1995 was the introduct... more One of the most noteworthy achievements of the establishment of the WTO in 1995 was the introduction of its binding dispute settlement system. Building upon the GATT dispute settlement practice existing in this area, the Understanding on the Rules and Procedures Governing the Settlement of Disputes ('DSU') heralds a new development in international economic relations in which law, more than power, reigns. Despite this, a vast majority of developing countries have not participated actively in the WTO dispute settlement system due to not only their level of development and challenges emerging out of it, but also because of the way the DSU is structured and operates in practice-depriving these countries of the benefits of the WTO legal regime. This paper looks at the WTO Understanding on Dispute Settlement (DSU) from the perspective of developing countries. Firstly, it identifies the salient features of the DSU and tries to establish whether or not they are adequate and effecti...
The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic... more The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic that has caused in high number of deaths in many countries and across national boundaries. In its early stage, governments all over the world have decided to implement lockdowns and closing of national border as ad hoc measures to slow down the drastic increase of the widespread of Covid-19. The United Nations through the UN General Assembly at its 74 th session adopted Resolution on Global solidarity to fight COVID-19 recognized that this pandemic requires a global response based on unity, solidarity and renewed multilateral cooperation. The UN General Assembly passed under resolution on international cooperation to ensure global access to medicines, vaccines and medical equipment to face Covid-19 pandemic. This article is divided into three parts; the background of the current health security regulatory system under the International Health Regulations (IHR) 2005; the pursuance of pandemic treaty sponsored by WHO and 26 countries from Europe, Latin America and Asia and its justifications and the challenges ahead in resolving world pandemic regulatory system. The IHR aims for international collaboration "to prevent, protect against, control, and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks and that avoid unnecessary interference with international traffic and trade". There is a need to design a compulsory mechanism for alert to act much earlier and the alert system must be a build in compulsory mechanism. The compliance can only be made possible through the availability of coordination platform between WHO and other international organization like IMO, WTO and ICAO. Thirdly, United Nations General Assembly (UNGA) must play the vital role in giving the mandate to WHO to implement the coordination with other international organization. Hence, member states must therefore, give their political commitment in ensuring the successful coordination with other international agencies.
... Mohamed lsmailHj. Ab.Wahab Lau Too Kya Mohamd Dahlan lbrahim Bahnat Mohanad Ogos,19g2 lnstitu... more ... Mohamed lsmailHj. Ab.Wahab Lau Too Kya Mohamd Dahlan lbrahim Bahnat Mohanad Ogos,19g2 lnstitut Teknologi MAM Shah Alam IV ... 4.4 Langkah Meningkatkan Motivasi pekerja 4.5 Masalah Kualiti-Syarikat Perkilangan 4.6 Penggunaan Mesin Pada Tahap Maksimum ...
This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach... more This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the lega...
The establishment of the International Criminal Court represents a major milestone in the interna... more The establishment of the International Criminal Court represents a major milestone in the international community’s fight against impunity at the international level. International prosecution by the ICC represents a direct contribution to the fight against impunity for international crimes under the Rome Statute regime. However, international justice mechanisms, whether permanent or ad hoc, are not intended to supplant States where they have organized criminal justice systems which are willing and able to ensure that there is accountability for the crimes concerned. Indeed pursuant to the principle of complementarity, the Rome Statute provides ample room not only for the exercise of national jurisdiction, but also for the development of international criminal law at the national level. While encouraging the use of and explaining the avenues available under the Rome Statute to its State Parties to undertake domestic prosecutions, this article argues that national prosecutions should remain the primary option, wherever feasible, because they can handle many more cases and are usually preferable from the perspectives of victims and local justice systems.
The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic... more The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic that has caused in high number of deaths in many countries and across national boundaries. In its early stage, governments all over the world have decided to implement lockdowns and closing of national border as ad hoc measures to slow down the drastic increase of the widespread of Covid-19. The United Nations through the UN General Assembly at its 74th session adopted Resolution on Global solidarity to fight COVID-19 recognized that this pandemic requires a global response based on unity, solidarity and renewed multilateral cooperation. The UN General Assembly passed under resolution on international cooperation to ensure global access to medicines, vaccines and medical equipment to face Covid-19 pandemic. This article is divided into three parts; the background of the current health security regulatory system under the International Health Regulations (IHR) 2005; the pursuance of pand...
The International Court of Justice (ICJ) awarded Batu Puteh (Pedra Branca) to Singapore in 2008. ... more The International Court of Justice (ICJ) awarded Batu Puteh (Pedra Branca) to Singapore in 2008. However, the sovereignty over the Middle Rocks, a maritime feature that is located about one kilometre from Batu Puteh was granted to Malaysia. This decision left a huge impact for maritime boundary delimitations in this region and incited mixed feelings among Malaysians, Singaporeans and the global community as a whole. Quite recently, the Sultan of Johor has suggested for a special team to be established in making an appeal against the decision of the ICJ in 2008. This article therefore discusses the potential legal and political implications should both Malaysia and Singapore, agree to revive this case again at the ICJ. This article concludes that while this suggestion may possess merits, it is nevertheless more feasible for Malaysia and Singapore to resolve the related disputes through bilateral negotiations so as to preserve the concept of good
One of the most noteworthy achievements of the establishment of the WTO in 1995 was the introduct... more One of the most noteworthy achievements of the establishment of the WTO in 1995 was the introduction of its binding dispute settlement system. Building upon the GATT dispute settlement practice existing in this area, the Understanding on the Rules and Procedures Governing the Settlement of Disputes ('DSU') heralds a new development in international economic relations in which law, more than power, reigns. Despite this, a vast majority of developing countries have not participated actively in the WTO dispute settlement system due to not only their level of development and challenges emerging out of it, but also because of the way the DSU is structured and operates in practice-depriving these countries of the benefits of the WTO legal regime. This paper looks at the WTO Understanding on Dispute Settlement (DSU) from the perspective of developing countries. Firstly, it identifies the salient features of the DSU and tries to establish whether or not they are adequate and effecti...
The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic... more The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic that has caused in high number of deaths in many countries and across national boundaries. In its early stage, governments all over the world have decided to implement lockdowns and closing of national border as ad hoc measures to slow down the drastic increase of the widespread of Covid-19. The United Nations through the UN General Assembly at its 74 th session adopted Resolution on Global solidarity to fight COVID-19 recognized that this pandemic requires a global response based on unity, solidarity and renewed multilateral cooperation. The UN General Assembly passed under resolution on international cooperation to ensure global access to medicines, vaccines and medical equipment to face Covid-19 pandemic. This article is divided into three parts; the background of the current health security regulatory system under the International Health Regulations (IHR) 2005; the pursuance of pandemic treaty sponsored by WHO and 26 countries from Europe, Latin America and Asia and its justifications and the challenges ahead in resolving world pandemic regulatory system. The IHR aims for international collaboration "to prevent, protect against, control, and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks and that avoid unnecessary interference with international traffic and trade". There is a need to design a compulsory mechanism for alert to act much earlier and the alert system must be a build in compulsory mechanism. The compliance can only be made possible through the availability of coordination platform between WHO and other international organization like IMO, WTO and ICAO. Thirdly, United Nations General Assembly (UNGA) must play the vital role in giving the mandate to WHO to implement the coordination with other international organization. Hence, member states must therefore, give their political commitment in ensuring the successful coordination with other international agencies.
... Mohamed lsmailHj. Ab.Wahab Lau Too Kya Mohamd Dahlan lbrahim Bahnat Mohanad Ogos,19g2 lnstitu... more ... Mohamed lsmailHj. Ab.Wahab Lau Too Kya Mohamd Dahlan lbrahim Bahnat Mohanad Ogos,19g2 lnstitut Teknologi MAM Shah Alam IV ... 4.4 Langkah Meningkatkan Motivasi pekerja 4.5 Masalah Kualiti-Syarikat Perkilangan 4.6 Penggunaan Mesin Pada Tahap Maksimum ...
This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach... more This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the lega...
Uploads
Papers by Rahmat Mohamad