why they treat palm oil as an enemy?

Again, palm oil is being an object during the French senate debate earlier this year, after the draft bill project has been clearly rejected by The National Assembly’s social affairs commission in 2013. This time, it was presented by environmentalists senators Aline Archimbaud, Gattolin André, Marie-Christine Blandin, Ronan Dantec and Joel Labbé, the amendment sets the tax to 300per tonne by 2017. It will be gradually increased to 900 € from 2020 ‘order allow industry time to adapt. Issue of illegal deforestation is not only being the only reason to increase import tax, but also the need of rebalancing oils taxes. In fact, oils produced in France, such as olive oil, are more heavily taxed than the palm. It is clearly trade protectionism that also need to be questioned. 

I might not an expert of biodiversity issues or trade protectionism, but what I know and also the world must know that there are massive efforts under-way to break this cycle and put the palm oil sector on a path to sustainability (see original source: “why palm oil isn’t an enemy”). Since 2004, the Round-table on Sustainable Palm Oil (RSPO) has been transforming the palm oil industry in collaboration with the global supply chain, to put it on a sustainable path.

palm oil supply chain

Besides, issue of deforestation and trade protectionism, health risk is also becoming an issue to exceed the import tax of palm oil from South-East Asia. My question is whether palm oil is dangerous to your health? Since I’m not an expert of the health risk by consuming food that contained palm oil, you could check the article about palm oil wrote by expert Kurt Berger: “The secret of palm oil“.

Last but not least, it’s commonly known that lots of green activists around the world campaigning against palm oil, that’s why government of Republic of Indonesia is actively made a campaign against negative issues of palm oil. You can see the video campaign as follow:

Fun Facts!

Did you know that you consume palm oil every day? Yep, indeed! Palm oil is in your shampoo, hair color product, detergent, dishwashing liquid, cookies, chocolates butter, skin lotion, toothpaste, car lubricant, and you even find in your money (read: EUR).

 

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What does “state of emergency” mean?

Just right after Paris attacks on 13th of November 2015, French President, François Hollande declared “state of emergency” in France. Some of you might throw some questions; like for examples: What does it mean? What is the impact to the people who lives in France, for the citizen or non-citizen? Can we travel across the borders?

So, I would like to let you know in a simple way to better understand about “state of emergency”.

For your information, this is not the first time that the French had declared “state of emergency”, it was firstly declared during the war in Algeria. Then, in September 1984 during the events of New Caledonia, and 10 years ago during the suburban riots in 2005.

  • Who’s made the decision of “state of emergency”?

Introduction into state of emergency taken by the Cabinet at the meeting of the Council of Ministers convened by the President of French Republic. Following the Paris attacks, state of emergency declared in the night of Friday 13 to Saturday, November 14, 2015: it was published by official decree n° 2015-1475 of November 14, 2015.

François Hollande with his new cabinet

Image source: theguardian
  • Does this apply on all French territory?

No, it is not. According to the decree, it is only applied in France Metropolitan and Corse. So, it is not applied in French Overseas Department  (DOM-TOM).

Afficher l'image d'origine

Image source: click here
  • How long it’s gonna take?

It will take 12 days after the day of the decree. (source: click here) However, this period could be extended depending on decision taken by the law.

  • What is the impact to our daily life?

Under legislative scheme of state of emergency, public freedoms will be limited by the authorities, under exceptional power given to The French Police and The Ministry of Interior.

So it means, it gives the authorities to limit following public freedom:

  1. regulate the movement of people and vehicle in France (more polices everywhere)
  2. delineate areas of protection or security where the stay of persons is regulated
  3. prohibit somebody to stay in France if this person is likely to stop action of the public authorities
  4. have power to house arrest a person who considers as a public menace
  5. ban public gathering
  6. close the concert venue, amusement park like Disney land :(, or theatres and bars.
  7. conduct search of person of interest during day and night
  8. limit press freedom by censoring newspaper.
  9. order to surrender of weapons (indeed!)

Afficher l'image d'origine

Image source: click here
  • Can we travel across the borders?

Yes we can, but do not forget your passport or other legal ID, because the authorities might ask you to show them your identity.

Afficher l'image d'origine

Image source: click here

Like I said in my previous article, what happened in Paris lately is unexpected, it might happened anywhere else near you any time, so please be safe and keep praying. 🙂

Civil law and Common law

law books

Civil law is the oldest legal system in the world, originating in Europe and spreading in Asia or Latin America as a result of the colonization period. This legal system is also known by the legal system Romano-Germanic, which is likely to have legal certainty compared to the common law system. The reason is because the source of civil law is written as a guidance in their legal practice in the civilian countries. In other words the legal system more stable. In this case legal practitioners such as judges, prosecutors, attorneys or the state apparatus will look at the legislation in resolving certain legal situations. In this case the judge has a role and obligation to apply the rules to find the solution of a case in other words the judge does not have the authority to create new law. In contrast to the common law system where laws are written only be used as a reference in finding a solution, the judge in this case has the full authority to create new law that is fair and efficient and coherent in accordance with the facts that exist. In other words, the common law of this system is more flexible than the civil law system.

Along with the rapid development period, or better known as globalization, where countries are dealing with the current global economy. In this case the law demanded to evolve with the growth of the world economy. Without realizing it happens  the penetration of common law system  in the civil law system goes through the Trojan horses system, which is the Common law way of interpretation by mixing Common law elements in civil law system. It usually brought by the practice of European judges at the European court system.

In the economic field, the civil law system tends to lose its influence. This happens because of the difficulty in changing the rules of law in the civil law system, which takes time to change the laws. Common law systems tend to be more flexible in the movement of highly dynamic world economy.

Some adherents of the civil law system countries such as Japan and Indonesia began to incorporate the common law system of teaching methods into national law. These countries tend to begin to realize that when globalization was in front, international transactions is increasing, which takes lawyers to make contractual agreements between countries. Therefore, these countries prepare themselves by building schools or law schools implement existing laws with the American-style learning method or common law learning method. Common law, as I mentioned earlier has a dynamic nature and can keep up with the times is so fast. Unlike the civil law system that tends to be slower in the times and needs time to adapt.

In the civil law as well as the teaching method taught law schools in France, where the teaching method is the provision of theories, or a description of the existing rules in detail. Where the teaching is done by the method of dictation. This is in sharp contrast with the American method wherein the teaching is done by reasoning and questioning. The law students tend not to know well the theory,  on the other hand they are required to think how to deal with an actual case. So it is currently applied by some law schools in Indonesia where law students are required to seek the basic theory in solving a case through the study of literature, or even to apply the method of question and answer in the lecture or better known as the Socratic method. This teaching method is usually in the form of a class debate in which law students in Indonesia is required to be able to make a legal solution is not only based on existing regulations. So, if the rule comes first than facts in civil law system, then facts come first than the rules in the common law system.