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All Journal Brawijaya Law Journal : Journal of Legal Studies Veritas et Justitia JUSTITIA JURNAL HUKUM Hasanuddin Law Review
Koos, Stefan
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Education Law, Crime, Criminology & Criminal Justice

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Civil Law, Conflict of Laws, and Extraterritoriality in the European Supply Chain Due Diligence Law Koos, Stefan
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5535

Abstract

This paper gives an overview of the new European Union’s Corporate Sustainability Due Diligence Directive (CSDDD), its relation to the German Supply Chain Due Diligence Act (LkSG) from 2021, and the systematic background of both acts. The article contradicts criticism of the extraterritorial effects of the acts, underlining a legislative purpose as part of the national business law regarding fair competition and consumer protection besides the purpose of improving life conditions. The acts are part of an international socially responsible business law. The CSDDD is introducing a new specific civil liability provision. It also brings significant advancements in conflict-of-law principles by introducing mandatory liability norms that apply regardless of jurisdiction. Implementing due diligence obligations in complex international supply chains poses challenges for companies, requiring robust risk management systems and ongoing adjustments. This strict regulation must be balanced with the practical feasibility of Corporate Social Responsibility duties, and a reasonable allocation of responsibilities must take place without risking that the effect of the legislation will stay behind formalistic compliance requirements. The concept of organizational responsibility plays a core role in this balancing process.
INTRODUCTION TO A SOCIAL-FUNCTIONAL APPROACH IN THE INDONESIAN CONSUMER PROTECTION LAW Shidarta, Shidarta; Koos, Stefan
Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v5i1.3292

Abstract

This legal study, using a social-functional approach, underscores the importance of developing a viable social consumer protection system. Through it the government should promote a more effective consumer protection system in which any obstacle hampering consumer’s ability to obtain information necessary to make rational choices can be prevented.  In short, a system protecting consumer’s right to obtain information.  In this context, business enterprises are still expected to participate and support consumer protection movements at the national as well as regional level in which the end goal is to develop a fair business competition climate.
THE INDIVIDUAL AND THE PROPERTY IN VIRTUAL WORLDS Koos, Stefan
Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i2.5627

Abstract

Virtual reality and augmented reality have the potential to change the economy and society as much as the internet once did. In AR, virtual objects mix with real environments and objects. In virtual reality environments, people will move around using avatars and using virtual objects and individualise their virtual spaces with virtual artworks. However, the integration of humans into virtual and semi-virtual environments also leads to an intensification of problems connected with the relationship of the individual to technology and powerful platforms. The person integrated into virtual worlds will be under far closer observation and influence by platform operators than today's internet user. This must have consequences for the legal protection of personality. In addition, questions arise about the extension of personality rights to the virtual existence of the individual and to the question of the legal protection of objects used by the individual in his or her virtual environment. The article discusses some aspects from the perspective of the German law.
A Discovery or a Misery? The Issuance of Anti-Suit Injunction before WTO Besar, Besar; Zaki, Muhammad Reza Syariffudin; Tanjaya, Steven; Koos, Stefan; Sabilil, Maria Nauli Salsabilah
Brawijaya Law Journal Vol. 10 No. 2 (2023): Current Challenges, Developments and Events in The International Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.02.03

Abstract

On 27 January 2023, the Dispute Settlement Body established a panel as requested by the European Union in document WT/DS611/5, pursuant to Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. In fact, the European Union has proposed the formation of a panel according to Article 6 of the Dispute Settlement Understanding (DSU) to respond to the Action against China's lawsuit against high technology in the European Union. China imposed a preservation measure, Anti-Suit Injunction (ASI), that prohibit patent holder for asserting their rights before non-Chinese courts. Such movement is inconsistent to international principles, namely National Treatment (NT) and Most-Favored-Nation (MFN). As the EU claimed China on the subject of patent use on high technology, this discussion will further dissect the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Specifically, Article 3 on National Treatment and Article 4 on Most-Favored-Nation Treatment. The issuance of ASI itself is not listed under Appendix 1 of the DSU that regulates laws that are applicable and recognized as WTO norms under a WTO panel. The WTO panel has never adjudicated any cases relating to the issuance of ASI. This questions whether a WTO norm will be formed before the WTO panel and whether or not China has violated the principles of the WTO and the TRIPS Agreement.
Digitalisation of University Education and Research as Consequence of the Covid-19 Pandemic – A Paradigmatical Change Koos, Stefan
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12558

Abstract

The compulsion to work from home and contact restrictions has given digitalisation a greater push than it ever had before. As is often the case when a development process is not slow but forced and accelerated by external influences, dislocation occurs because people are rather slow to adapt to new circumstances. We see a quick change in teaching methods, a digitalization of teaching, but at the same time we see tendencies to continue behaviours of face-to-face teaching and not to adapt to the new processes. This applies equally to both students and lecturers. The article is based on a presentation of the author at the ‘1st Multidisciplinary International Conference on Potential of Research during Pandemic’ on 15.-16. Dezember 2021 at the Universitas Muhammadiyah Surabaya. It aims to give an exemplary insight of legal and didactic issues in university law teaching in Germany. Most of these issues may be transferrable to the teaching situation in Indonesia. The paper concludes that the accelerated digitalization of university teaching, which may be more than just an intermediary substitute to traditional teaching methods, needs behavioural changes of lecturers and of students. Furthermore, it pleads for a more pragmatical approach in data protection law.Keywords: digitalisation; teaching methods; data protection; examination law.
Co-Authors Besar, Besar Hasibuan, Hoirudin Lusiana Tijow Sabilil, Maria Nauli Salsabilah Setyawati, Ria Shidarta Shidarta Tanjaya, Steven Zaki, Muhammad Reza Syariffudin Zalfa A.F. Jatmiko