Land Rights in International Human Rights Instruments: Appraising Nigeria’s Compliance

This article explores the scope and content of the right to property and critically evaluates the extent to which Nigeria’s legal protection of private property rights is in conformity with international human rights instruments. It highlights the dimensional allegory that depicts the manifold complexes of regional and international human rights laws and provides clear understanding of the divergence in Nigeria’s human rights adherence with specific focus on land and human rights preservation. It argues that the ostentatious narrative of human rights contains a connotation which portrays an epochal challenge set against the controversies of land policies flowing from tyranny of historical origin and the duplicities of the human rights scheme clouded and obscurity. The article advocates for the construction of a truly universal human rights corpus with regards to the protection of private lands in such manner that is multicultural, comprehensive, and intensely apolitical. Keywords: Land, Human Rights, Laws, International Instruments. DOI: 10.7176/JLPG/99-07 Publication date:July 31st 202

The Implementation of the Principle of Justice in Post-nuptial Agreement towards Mixed Marriage: Hope or Challenge?

Introduction to the Problem: this research focuses on the actors of mixed marriage in Indonesia who have hope at the practice level. The hope arises from the Constitutional Court decision No. 69/VII/PUU/2015, which allows the formation of an asset separation agreement after the marriage takes place (post-nuptial agreement). The decision is followed up by two Circular Letters of relevant ministries: one is from the Ministry of Home Affairs No. 472.2/5876/Dukcapil, which guarantees that post-nuptial agreement is allowed in the Civil Registry (Dukcapil); as well as the one from Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017. By enacting these instruments, Indonesia facilitates a hope to the mixed marriage, which is the hope of the ownership of the assets.Objectives of the Study: To identify the implication of the Constitutional Court decision No. 69/VII/PUU/2015 in practice, in lieu with the implication of the Circular Letters of the Ministry of Home Affairs No. 472.2/5876/Dukcapil and Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017; also, to review the possibilities of those decisions and Circular Letters in the perspective of Indonesian family law, would it be a hope or a challenge?Methodology: This is normative-juridical research, which implements a doctrinal approach to analyze the problems.Findings: Post-nuptial agreement is allowed and having legal implications to the parties to the marriage bond. Ministry of Home Affairs and the Ministry of Religion have facilitated the Constitutional Court decision by enacting their respective Circular Letters to guide the civil registry officials in responding to the post-nuptial agreement.Paper Type: Research Articl

The Common Access as Pro People Management of Natural Resources (an Analysis of Decision Number 3/PUU-VIII/2010 About Judicial Review of Law 27/2007)

This paper aims to explore the new concept as an alternative management of natural resources (specifically Coastal Areas and Small Islands/CA-SI). In Decision Number 3/PUU-VIII/2010 (the Court Decision), the Constitutional Court uses the new concept as considerations to cancel the Concession Rights on Coastal Waters (CR-CW) as the mechanism of management of CA-SI in Law Number 27 Year 2007 about Management of Coastal Area and Small Islands (Law 27/2007). Some important questions in this paper are why did the Constitutional Court annul CR-CW in Law 27/2007? Whether the new concept offered in the Court Decision and consistent with 1945 Constitution? And how is the new concept offered consistent with people empowerment?The revoke of CR-CW in Law 27/2007 is caused that the concept of concession is contrary to the norms of natural resources management in the 1945 Constitution and the spirit of people empowerment. The new concept offered in the Decision is the common access. In this concept of access, CA-SI is regarded as the common property with the rules from members of the community itself. The provisions to access CA-SI as the common property are also determined by agreements of the community itself. Management of CA-SI on the common access is in accordance with people empowerment. The consistency is shown by the relevancy of concept of common access to include three key issues of people empowerment (access, assets and collective capabilities)

‘A wicked problem’? risk assessment and decision-making when licensing possession and use of firearms in Greater London

This paper analyses the risk assessment and decision-making used by a police force to assess the suitability of a person to own a firearm. The decision to grant a firearms licence has many characteristics of a ‘wicked problem’. Firearms Enquiries Officers (FEOs) in the police force concerned primarily use professional judgement to solve this problem, employing various forms of reasoning and heuristics, but potentially also prone to cognitive bias. We conclude with some observations on how training of FEOs and their supervisors in risk assessment and decision-making might be further developed

Limited access alternatives for the Pacific groundfish fishery

Despite its wide acceptance in other fisheries, limited access remains a controversial topic among Pacific coast groundfish fishermen and fishery managers. It is controversial because it immediately opens a wide array of public policy issues. How should the public conserve fish stocks, and who should benefit from harvesting those fish? What are the costs and benefits to the public, the taxpayer, the fishing industry, and the coastal communities supporting the groundfish industry? Should the government push the industry to be economically efficient in harvesting; or should it discourage technical efficiency to conserve fish stocks? Should management preserve the economic status quo by protecting existing harvest shares? These are the broad issues occupying the discussions of policy makers and academic writers concerned with resource management. The goal of this introductory section is to define limited access, to dispel some basic misunderstandings about limited access, to clarify the optional forms oflimited access, and to review the various resource management objectives addressed. This should set the stage for the following more lengthy discussions. By reducing the scope of needless misunderstandings, it should also help to make future discussions of limited access more productive. (PDF file contains 52 pages.