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Littérature scientifique sur le sujet « Boundary disputes – Law and legislation – Vanuatu »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Boundary disputes – Law and legislation – Vanuatu"

Woods, Una. « Adverse possession and boundary disputes : lessons for Ireland from abroad ». International Journal of Law in the Built Environment 8, n^o 1 (11 avril 2016) : 56–79. http://dx.doi.org/10.1108/ijlbe-05-2015-0010.

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Purpose This paper aims to examine the remedies currently available in Ireland to resolve boundary disputes to assess the importance of the role played by adverse possession in this context. It also examines the potential impact of certain reforms in this area of law. Design/methodology/approach The research methodology is primarily doctrinal, although a comparative approach is adopted for the purposes of assessing whether certain lessons can be learned from recent reforms to the English law on adverse possession and the Australian approach to resolving boundary disputes, which relies heavily on mistaken improver and building encroachment legislation. Findings This paper demonstrates how the current law leaves certain mistaken improvers or encroachers on neighbouring land without a remedy, as they cannot rely on the doctrine of proprietary estoppel or adverse possession. If Ireland decides to replicate the English good faith requirement in relation to adverse possession of boundary land, the remedial vacuum facing these mistaken improvers or encroaching builders will become more pronounced. It is submitted that any such reform should be supplemented by the introduction of legislation akin to that operating in Australia which would facilitate the consideration of a broad range of factors and provide for flexible remedies to resolve such difficulties. It is also submitted that the legislation imposing such a good faith requirement should be carefully drafted to avoid the potential interpretative difficulties associated with the English reforms. Originality/value Boundary disputes are an unfortunate fact of life. The prevalence of boundary disputes and high costs associated with boundary litigation makes this review and critique of the current law and potential reforms highly relevant.

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Suparto et Rahdiansyah. « The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia ». SHS Web of Conferences 54 (2018) : 01003. http://dx.doi.org/10.1051/shsconf/20185401003.

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Boundary dispute is a new phenomenon that occurred in the era of regional autonomy followed by the expansion of the region. One of them occurred between Kepulauan Riau and Jambi Provinces related to Berhala Island ownership. Settlement of disputes between these two provinces took quite a long time and also caused tensions between two provinces. Actually, the government through the Ministry of Home Affairs has issued a regulation to solve the boundary problem of this area namely the Minister of Home Affairs Regulation No.1 in 2006 and No. 76 in 2012 on Guidelines for Confirmation of the Boundaries, however, is still less effective because although it has been done in such a way the party who feels aggrieved still take another way that is by testing the legislation to the Supreme Court or Mahkamah Konstitusional (Constitutional Court). An example is the boundary dispute between Kepulauan Riau and Jambi Province which was resolved through the examination of legislation to the Supreme Court and the Constitutional Court. In the case, there were 3 decisions, namely Supreme Court Decision No.49P/HUM/2011, Decision of the Constitutional Court No. 32/PUU-X/2012 and the decision of the Constitutional Court No. 62/PUU-X/2012. Based on the research results obtained as follows 1). Implementation of the principle or legal principle of lex posterior derogat lex priori by the Supreme Court 2). The decision of the Supreme Court was taken into consideration in the decision of the Constitutional Court 3). The cause of the territorial boundary disputes between Kepulauan Riau Province and Jambi Province was the synchronization of 3 related laws namely Indonesian Law no. 31 in 2003, Law no. 25 in 2002 and Law no. 54 of 1999.

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Song, Lili, et Morsen Mosses. « Revisiting Ocean Boundary Disputes in the South Pacific in Light of the South China Sea Arbitration : A Legal Perspective ». International Journal of Marine and Coastal Law 33, n^o 4 (13 novembre 2018) : 768–98. http://dx.doi.org/10.1163/15718085-12333079.

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Abstract This article examines three ocean boundary disputes in the South Pacific in light of the South China Sea arbitration. First, we consider whether the Matthew and Hunter Islands, over which France and Vanuatu have made competing claims, are full-fledged islands or rocks and argue that they are likely to be rocks. Second, we discuss the dispute between Fiji and Tonga over the Minerva Reefs. We submit that, if the Minerva Reefs are low-tide elevations as public information in English generally suggests, Tonga’s historic claim to the maritime area around the Minerva Reefs would be inconsistent with the principle of ‘the land dominates the sea’. Third, we examine Tonga’s historic claim to the maritime area within a rectangle boundary defined in Tonga’s 1887 Royal Proclamation and submit that the main difficulty for Tonga to establish such claim is to prove that it has effectively exercised sovereignty over the relevant area.

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Patongloan, Andre Junianto. « PENYELESAIAN SENGKETA BATAS ANTAR DAERAH ». JURNAL AKTA YUDISIA 4, n^o 1 (31 octobre 2019) : 77–108. http://dx.doi.org/10.35334/ay.v4i1.1023.

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Abstract Inter-regional Border Dispute Resolution by Andre Junianto Patongloan and guided by Dr. Marthen B. Salinding, Salinding, SH, MH and Dr. Basri, SH, M.Kn. In a study of this, the formulation of the problem that is raised among others: 1. Urgency Affirmation of Region in the Formation of Territory, 2. Efforts Law Against Settlement Dispute Regional Boundaries. The study is intended to examine is normative and examine the issue of the legal use of the principles of law as well as by using a methodology approach to regulation law - law (statue approach) and the approach of the case (case approach). That regional autonomy is a promising manifestation for the region, which is tight relation to the boundaries of the area that was in the area of autonomous mentioned. Problems boundary area has a dimension that is very complex, such as; conflict social, conflict sources of the power of nature, conflict ethnicity /culture /ethnicity and so forth. Completion tiered by the Governor and the Minister in the State, is a form of public law in the name of the state. The role of the Governor and the Minister in the State shows the behavior of an active state, as affirmed in the principle of the modern state. Form of settlement of disputes boundary region between regions as part of the implementation of the functions of government found their Autonom organs of government ( vrijbevoegdheid), discretionary or Freiesermessen ), this is because the regulatory legislation that no-load norms are vague ( voge norm), the norm is open (open norm ) or contains a choice (choice) . In this case, it must be understood that what is done by a government organ is not in a capacity as a function of hearing or as a function of legislation. Settlement of disputes boundary region between regions that pursued by the mechanism of the law of the country through the agency of justice which there has been expected to provide legal certainty and a sense of justice. In preventing the confusion of the conflict norm on several levels of regulation law for the settlement of disputes boundary region between regions. the principle of cooperation between regions can be relied upon to translate legal certainty and provide a sense fair for the government area to organize and manage the limits of its territory as one of the supporting creation of the implementation of the autonomous regions that good.Keyword: Establishment of Regional, Local Limits, Settlement Dispute.

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Isnaini, Isnaini, Rizkan Zulyadi et Abdul Kadir. « The Models of North Sumatra Provincial Government Policy in Resolving the Ex-Hgu Land Conflicts of PTPN II Plantations in Deli Serdang Regency ». Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 3, n^o 2 (8 mai 2020) : 1206–15. http://dx.doi.org/10.33258/birci.v3i2.962.

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This study is to find an alternative model of North Sumatra provincial government policy in resolving the ex-hgu land conflicts of PTPN II plantations in Deli Serdang Regency. This study is based on the fact that regional autonomy as regulated in Law Number 23 of 2014 gives the authority to the regional government in autonomy to resolve disputes over arable land in their territories. One of them relates to ex-HGU PTPN II land disputes starting in 2002 with the Central BPN Decree number 42, 43 and 44 / HGU / BPN / 2002 and Decree Number 10/2004 regarding the granting of an extension of the term of the Right to Cultivate (HGU) covering an area of 5,873 , 068 Ha from PTPN II HGU. However, the problem arises because of legal uncertainty over the distribution of land that had expired during the PTPNII HGU, so that horizontal or vertical conflicts (community cultivators, PTPN II, government and developers) occurred. From the results of the study, it was concluded that first, the ineffective model of handling policies that are appropriate, fast, and comprehensive is carried out by the government. This relates to the problem of land conversion where there is a lack of orderly administration and past land data. So that each party has its own claim on land ownership and ownership. Both the boundary and location of land parcels. Second, legal uncertainty, that there are legislation that overlaps both horizontally and vertically as well as regulated substance

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Alfitri, Alfitri. « Putusan Mahkamah Konstitusi sebagai Tafsiran Resmi Hukum Islam di Indonesia ». Jurnal Konstitusi 11, n^o 2 (20 mai 2016) : 296. http://dx.doi.org/10.31078/jk1125.

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Unlike other Muslim countries, Indonesia does not make any reference to sharia as a source of legislation in its Constitution. Despite the fact, some aspects of sharia have been incorporated into Indonesian legal system. These “Islamic” state laws have been challenged by Muslims in Indonesia since their very first enactment in 1970s and now they find a new avenue to be settled with the institution of the Constitutional Court in 2003. This paper is to analyze what happen when a country such as Indonesia suddenly has to adjudicate disputes on which interpretation of Islamic law valid in Indonesia? In particular, it will assess methods employed by the Constitutional Court Judges in Indonesia in arbitrating contentions between conservative Muslims’ and the government’s claims regarding the extent to which Islamic law should be recognized, applied, and enforced by the state? Is the Court’s approach in settling down the cases still within the boundary of Islamic legal theory?This paper argues that the Court does declare itself as the legal authority in Indonesia and, thus, it reserves for itself the power to interpret and restrict Islamic law as it sees fit with the state’s agenda. However,the Court does that by considering and utilizing the concepts and vocabularies in Islamic law to justify its decisions. Hence, the Court’s decisions fall within the scope of siyasa shar`iyya, and its interpretation of which Islamic legal norms effective in Indonesia can be justified accordingly.

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Perwita, Anak agung Banyu, et Ircha Tri Meilisa. « CO-OPERATIVE MARITIME DIPLOMACY : THE RESOLUTION OF THE PHILIPPINES-INDONESIA MARITIME BORDER DISPUTE (1994-2014) ». Andalas Journal of International Studies (AJIS) 7, n^o 2 (30 novembre 2018) : 130. http://dx.doi.org/10.25077/ajis.7.2.130-148.2018.

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The formation of national integrity in the international circuit is essential for a state. National integrity can be seen by fixed territory where a state can exercise their sovereignty in certain area portrayed by a fix border with neighboring countries both in the land and sea. The Philippines has been claimed over its territory based on the Treaty of Paris as the result of the Spanish American war that ceded the sovereignty over the archipelago of the Philippines to the United State. With respect to its history, the Philippines faced the dilemma whether or not it should redefine its baseline law in accordance with the UNLOS provisions. This dilemma then leads to unclear territorial boundary with its neighboring country-- Indonesia.Hence, this article aims to analyze the Philippines-Indonesia maritime border dispute in the Exclusive Economic Zone from Celebes to Mindanao sea. Using the neoliberalism perspective, the authors analyzed the interest of the Philippines to establish cooperation with Indonesia related to the national territory of each country, each legislation, maritime zones, and exercise of sovereignty over disputes maritime territories. Meanwhile, co-operative maritime diplomacy also used to determine the Philippines action in the form of bilateral cooperation, joint exercise on maritime security and regional cooperation to secure the Philippines and Indonesia maritime areas. On behalf of common interest, both countries succeed in maintaining their relations to achieve mutual goals regardless of boundaries. Furthermore, the foreign policy theory will also play an intervening role to explain the regulation about the dispute settlement efforts of delimitation boundary between the Philippines and Indonesia.

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Bronstein, Victoria. « Justice Ngcobo’s Rich Legacy at the Intersection of Federalism and Democracy ». Southern African Public Law 32, n^o 1&2 (6 août 2018). http://dx.doi.org/10.25159/2522-6800/3561.

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This article aims to make a connection between the Tongoane judgment, which deals with ‘tagging’ legislation, and Justice Ngcobo’s innovative thinking in the Matatiele Municipality cases, which are about the demarcation of provincial boundaries. These cases are bound together by Justice Ngcobo’s powerful commitment to democracy at the sub-national level. The judgments build accountability at grassroots level and constrain authoritarian impulses. This article examines the political issues behind provincial demarcation disputes, including ethnic impulses. It argues that current democratic concepts in South African Constitutional law can never meet the popular sovereignty, self-determinative type of claim of communities who wish to determine their own futures in boundary disputes. These disputes raise specific democratic problems that need to be named, seen for what they are and theorised on their own terms.

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Thèses sur le sujet "Boundary disputes – Law and legislation – Vanuatu"

Yiallourides, Constantinos. « Joint development of oil and gas resources : the way forward in disputed waters ». Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=231747.

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The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime claims. Bilateral consultations and negotiations have been unable to prevent occasional flare-ups and, as tensions remain significantly high, it may not be long before one of the not infrequent confrontations spirals out of control. The existing status quo in each case is unstable and does not favour either side, both from the perceptive of contaminating bilateral relations as a whole, but also to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy resources in the contested waters. Indeed, while important discoveries of commercial hydrocarbon accumulations have been made, and in fact, some of them are currently being developed in the peripheries of the East China Sea and the Aegean, the full mineral potential of the contested areas remain unproven and unrealised due to the ongoing maritime and territorial conflicts. That being the case, the debate surrounding these two conflicts has progressed to the point where there is an urgent need for a meaningful discussion on finding a practical way forward. It is the purpose of the present thesis to address this need, first, by undertaking a detailed analysis of these disputes on the basis of the legal rules and principles of international law and; second, by critically evaluating possible institutional designs of interstate cooperation on the exploitation of offshore oil and gas resources in disputed areas. This thesis considers that because of the near-impossibility of settling the maritime and territorial disputes in the East China Sea and the Aegean, at least in the short term, and the remote possibility of meaningfully utilising the resources in the given areas while these conflicts persist, provisional interstate cooperation in the form of joint development constitutes the best alternative course of action for disputing states to coordinate the exploration and exploitation of resources without having resorted previously to boundary delimitation settlement. On the basis of the above analysis, this thesis discusses the prospect of realising joint development regimes in the East China Sea and the Aegean and their appropriate institutional design in the light of the legal, historical, political, and geographical characteristics of the disputes in question. The overall aim of the present study is to discern useful guidelines that can be used to inform and support diplomatic discussions on bilateral cooperation over disputed seabed energy resources by addressing three key objectives: - Better understanding of the longstanding East China Sea and Aegean maritime boundary disputes under the rules of the public international law of the sea, as developed to date having regard to international jurisprudence and state practice. - Conceptualisation and better understanding of the legal characteristics and functional benefits of joint development regimes. - Critical evaluation of variations in the design of joint development regimes having regard to successful or unsuccessful precedents in the practice of states.

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TURPIN, James. « The jurisdictional art of separation : the role of jurisdiction in the management of territorial and self-determination disputes : mixed jurisdiction in the Anglo-French condominium of the new Hebrides 1906-1980 ». Doctoral thesis, 2002. http://hdl.handle.net/1814/4809.

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Defence date: 27 September 2002
Examining Board: Prof. Philip Alston, New York University ; Prof. Christine Bell, University of Ulster ; Prof. John Coakley, University College, Dublin ; Prof. Jean-Marie Dupuy, European University Institute
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

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Livres sur le sujet "Boundary disputes – Law and legislation – Vanuatu"

J, Gordon Bart, et Massachusetts Continuing Legal Education, Inc. (1982- ), dir. Surveys and boundary disputes. Boston (10 Winter Pl., Boston 02108-4751) : MCLE, 1995.

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Hanbury, William. Boundary disputes : A practical guide. Welwyn Garden City : EMIS Professional Publishing, 2003.

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Sulla, Paul J. Massachusetts boundary law and adjoining landowner disputes. Eau Claire, Wis : Professional Education Systems, Inc., 1989.

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author, Santschi Martina, dir. Dividing communities in South Sudan and northern Uganda : Boundary disputes and land governance. Nairobi, Kenya : Virtue Publishers, 2016.

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Haller-Trost, R. The territorial dispute between Indonesia and Malaysia over Pulau Sipadan and Pulau Ligitan in the Celebes Sea : A study in international law. Durham : International Boundaries Research Unit, University of Durham, 1995.

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Massachusetts Continuing Legal Education, Inc. (1982- ), dir. Boundary disputes and surveys : Do you know where your lot lines are ? (90-519). Boston, Mass. (20 West Street, Boston, MA 02111) : Massachusetts Continuing Legal Education, 1989.

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Faccini, Antonio Copello. Colombia y el fallo de la Corte Internacional de Justicia : Perspectivas y desafíos. Bogotá : Universidad de Bogotá Jorge Tadeo Lozano, 2013.

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The Eritrea-Yemen arbitration awards 1998 and 1999. The Hague : T.M.C. Asser Press, 2004.

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Paek, Chin-hyŏn, et Kevin Tan. Asian approaches to international law and the legacy of colonialism and imperialism : The law of the sea, territorial disputes, and international dispute settlement. Abingdon, Oxon [UK] : Routledge, 2012.

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1967-, Yi Sŏg-u., dir. Asian approaches to international law and the legacy of colonialism and imperialism : The law of the sea, territorial disputes, and international dispute settlement. Abingdon, Oxon [UK] : Routledge, 2012.

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Chapitres de livres sur le sujet "Boundary disputes – Law and legislation – Vanuatu"

Calabresi, Steven Gow. « Introduction The Birth and Growth of Judicial Review : 1607–2020 ». Dans The History and Growth of Judicial Review, Volume 1, 1–14. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0001.

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This introductory chapter discusses how judicial review of the constitutionality of legislation has usually emerged historically for a combination of four reasons. First, judicial review of the constitutionality of legislation is a response to a nation’s need for an umpire to resolve federalism or separation of powers boundary line disputes. The second main cause of the origins and growth of judicial review of the constitutionality of legislation is what can be called the rights from wrongs hypothesis; judicial review very often emerges as a response to an abominable deprivation of human rights. The third major cause is the out-and-out borrowing of the institution of judicial review of the constitutionality of legislation from either the United States’ model; the German Civil Law model; and, most recently, from the Canadian Second Look judicial review constitutional model. The fourth major cause is the existence of a system of checks and balances, which gives Supreme Courts and Constitutional Courts political space to grow in. Revolutionary charismatic constitutionalism can also lead to the growth of judicial review as Professor Bruce Ackerman has explained in an important new book, REVOLUTIONARY CONSTITUTIONS: CHARISMATIC LEADERSHIP AND THE RULE OF LAW (2019).

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