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Eesa A Fredericks. "Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa." Obiter 41, no. 1 (April 1, 2020): 10–44. http://dx.doi.org/10.17159/obiter.v41i1.10546.
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This series of two articles provides a comparative overview of the position in common-law jurisdictions on the conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, was investigated in part 1.1 Although Scotland is a mixed civil/common-law jurisdiction, the situation in that part of the United Kingdom was also discussed.Part 2 deals with the rules and principles of private international law in respect of contractual capacity in Australasia (Australia and New Zealand), North America (the common-law provinces of Canada and the United States of America), Asia (India, Malaysia and Singapore) and Africa (Ghana and Nigeria). This part also contains a comprehensive summary of the legal position in the common-law countries, followed by ideas for the reform of South African private international law in this regard.
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CHATTERJEE, NANDINI. "Religious change, social conflict and legal competition: the emergence of Christian personal law in colonial India." Modern Asian Studies 44, no. 6 (April 21, 2010): 1147–95. http://dx.doi.org/10.1017/s0026749x09990394.
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AbstractOne of the most contentious political issues in postcolonial India is the unfulfilled project of a ‘uniform civil code’ which would override the existing ‘personal laws’ or religion-based laws of domestic relations, inheritance and religious institutions. If the personal laws are admitted to be preserved (if somewhat distorted) remnants of ‘religious laws’, then the legitimacy of state intervention is called into question, especially since the Indian state claims to be secular. This paper, by discussing the history of the lesser-known Christian personal law, demonstrates that this conundrum is of considerable heritage. From the earliest days of British imperial rule in India, the quest to establish a universal body of law conflicted with other legal principles which upheld difference: that of religion, as well as race. It was the historical role of Indian Christians to occasion legal dilemmas regarding the jurisdictions of British and ‘native’ law, and concurrently about the identity of people subject to those different laws. In trying to discover who the Indian Christians were, and what laws ought to apply to them, British judges had perforce to reflect on who the ‘British’ were, whilst also dealing with conflicting collective claims made by Hindus, Muslims, Parsis, and Christians themselves about their own identity and religious rights. The Indian Christian personal law was an unintended by-product of this process, a finding which throws light both on the dynamics of colonial legislation, and on the essentially modern nature of Indian personal laws.
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Totterdale, Robert L. "Globalization and Data Privacy." International Journal of Information Security and Privacy 4, no. 2 (April 2010): 19–35. http://dx.doi.org/10.4018/jisp.2010040102.
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Global organizations operate in multiple countries and are subject to both local and federal laws in each of the jurisdictions in which they conduct business. The collection, storage, processing, and transfer of data between countries or operating locations are often subject to a multitude of data privacy laws, regulations, and legal systems that are at times in conflict. Companies struggle to have the proper policies, processes, and technologies in place that will allow them to comply with a myriad of laws which are constantly changing. Using an established privacy management framework, this study provides a summary of major data privacy laws in the U.S., Europe, and India, and their implication for businesses. Additionally, in this paper, relationships between age, residence (country), attitudes and awareness of business rules and data privacy laws are explored for 331 business professionals located in the U.S and India.
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Pradhan, David, and Haris Haris. "Religious tolerance in multifaith democracies: a comparative legal study of Indonesia and India." Legality : Jurnal Ilmiah Hukum 29, no. 1 (February 2, 2021): 46–62. http://dx.doi.org/10.22219/ljih.v29i1.14694.
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This exploratory research Article, based on secondary sources, undertakes a comparative legal study of the Constitutional and statutory provisions as well as recent jurisprudential developments in India and Indonesia for the promotion of religious tolerance in the two diverse, multifaith democracies with a history of social conflict and highly contested religious politics. By adopting the functional method for the comparative legal analysis of the two jurisdictions from Civil Law (Indonesia) and Common Law (India) traditions, the implemental convergence and functional equivalence of the penal laws for preventing communalism and promoting inclusivity and religious amity among the different religious communities in the two States has been elucidated. At the same time, the conceptual and doctrinal differences in jurisprudential understanding of the content, extent, and mechanism for preserving inter-faith amity in the two jurisdictions have been posited to be the result of the divergences in the post-colonial historical trajectories of the two States
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Rogerson, Pippa. "CONFLICT OF LAWS – FOREIGN COPYRIGHT JURISDICTION." Cambridge Law Journal 69, no. 2 (June 11, 2010): 245–47. http://dx.doi.org/10.1017/s0008197310000437.
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Rogerson, Pippa. "ECONOMIC TORTS IN THE CONFLICT OF LAWS." Cambridge Law Journal 76, no. 2 (July 2017): 240–43. http://dx.doi.org/10.1017/s0008197317000496.
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IN AMT Futures Ltd. v Marzillier [2017] UKSC 13; [2017] 2 W.L.R. 853, the Supreme Court had to decide where a “harmful event” occurred in order to determine whether the English court had jurisdiction over the defendant, Marzillier, a German lawyer. AMT brought an action in England against Marzillier for inducing breaches of contracts made between AMT and their European clients. Although the client contracts contained an exclusive jurisdiction clause in favour of the English courts, Marzillier had encouraged the clients to bring actions against AMT in Germany. The claims were made under German law of delict alleging that AMT were accessory to the bad investment advice given by the clients’ brokers. The brokers were insolvent. The German claims were brought directly against AMT and AMT settled. It had lost on the jurisdiction question in Germany because the exclusive jurisdiction clause did not bind the clients. They were consumers. Additionally, the actions were in tort and therefore did not fall within the scope of the clause. AMT brought this action in England after paying over £2m in settlement and costs in Germany. AMT argued that Marzillier had deprived AMT of the benefit of the contractual exclusive jurisdiction agreement by inducing the clients to sue in Germany. Marzillier, a defendant domiciled in Germany, could only be sued in England if the harmful event occurred here. Lord Hodge J.S.C., giving a beautifully clear judgment, held that the case could not be heard in England. England was not the place where the harm occurred, despite payment out of an account in England and the alleged breach of the exclusive English jurisdiction agreement. He held that Germany was the place where the harm occurred under what is now Article 7(2) (ex Article 5(3)) of the Brussels I Regulation Recast (Regulation EC No 1215/2012).
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Nzunda, Matembo. "Criminal Law in Internal Conflict of Laws in Malaŵi." Journal of African Law 29, no. 2 (1985): 129–46. http://dx.doi.org/10.1017/s0021855300006641.
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Malaŵi has two sets of courts which run completely parallel to each other. One set forms the Judicial Branch of the Government and consists of magistrates’ courts (which have original civil and criminal jurisdiction only), the High Court (which has unlimited original and appellate civil and criminal jurisdiction) and the Supreme Court of Appeal (which has original criminal jurisdiction for contempt of court but otherwise has appellate civil and criminal jurisdiction). The Supreme Court of Appeal is a final appellate court in this set of courts. These courts are here called Received Courts because they apply the received (English) common law as the basic law.The other set of courts is a section of the Ministry of Justice (which is part of the Executive Branch of the Government). The set consists of Traditional Courts of Grades A and B, the Traditional Appeal Courts (which hear and determine appeals from Traditional Courts of Grades A and B), District Traditional Courts, Regional Traditional Courts and the National Traditional Appeal Court (which hears and determines appeals from Traditional Appeal Courts, District Traditional Courts and Regional Traditional Courts). The civil and criminal jurisdiction of Traditional Courts is set out in the warrant establishing the Court and is supplemented from time to time by published ministerial orders under the authority of the Traditional Courts Act (the 1962 Act). The National Traditional Appeal Court is a final appellate court in this set of courts.
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Dmitrieva, G. K., and O. V. Lutkova. "NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS." Lex Russica, no. 11 (November 22, 2019): 18–29. http://dx.doi.org/10.17803/1729-5920.2019.156.11.018-029.
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The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.
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Hartley, Trevor C. "‘LIBEL TOURISM’ AND CONFLICT OF LAWS." International and Comparative Law Quarterly 59, no. 1 (January 2010): 25–38. http://dx.doi.org/10.1017/s0020589309990029.
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AbstractThis article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.
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Terentyeva, L. V. ""Close Connection" Category in International Civil Procedure and in Conflict of Laws." Lex Russica, no. 6 (July 5, 2021): 46–55. http://dx.doi.org/10.17803/1729-5920.2021.175.6.046-055.
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The use of "close connection" in conflict of laws area and in international civil procedure preconditions the question whether it is possible to interpret it uniformly both as a basis for establishing the jurisdiction to resolve cross-border private law dispute, and as a basis for choosing the applicable law.When studying close connection within the framework of conflict-of-laws regulation, the author of the paper, along with the concept of "close connection" examines the concepts of "connection with only one country" and "the closest connection". The paper also discusses the concept of Proper law which, as a rule, in the Russian doctrine is identified with the category of close connection.Analysis of the close connection as the basis for establishing jurisdiction has led to the conclusion that it is necessary to apply a differentiated approach to determining the content of close connection within the framework of Conflict of Laws and international civil procedure. This assumption is based on the fact that when establishing jurisdiction to consider cross-border private law disputes on the ground of a close connection, a special task is solved to overcome the conflict of jurisdiction while observing the principle of equality between judicial procedures of different states, as well as the principle of international judicial cooperation. In addition, within the framework of the international civil procedure, the concept of “foreign element” preconditioning the manifestation of a close connection of the disputed legal relationship with the court of the state, can be endowed with additional content except the content attached to the foreign element within the framework of the conflict of laws, namely: obtaining evidence abroad; enforcement of a court order abroad, etc.
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Deschamps, Michel. "Conflict-of-laws rules on assignments of receivables in the United States and Canada." Uniform Law Review 24, no. 4 (December 1, 2019): 649–63. http://dx.doi.org/10.1093/ulr/unz041.
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Abstract This article describes the conflict-of-laws rules of the USA and Canada on the effectiveness against third parties and priority of an assignment of trade receivables. Comparisons are also made with the rules proposed on these issues by the European Commission’s Proposal of 12 March 2018 and the UNCITRAL Model Law on Secured Transactions. The conflict-of-laws rules examined in the article generally designate the location of the assignor as the place whose law applies to the effectiveness against third parties and the priority of an assignment. The article shows however that the definition of the location of the assignor varies from one jurisdiction to another (statutory seat, chief executive office, state of constitution, etc.) Moreover, the US rules and certain Canadian rules define the location of a business corporation using a criterion which is different depending on the corporation’s jurisdiction of incorporation. In addition, the European Commission’s Proposal allows the parties to an assignment made in the course of a securisation transaction to deviate from the assignor’s location rule and select the law governing the receivable as the applicable law. All of these differences result in a lack of harmonization. The article also summarizes the analysis that a financier must conduct to identify the jurisdiction(s) where the financier would normally want that an assignment in its favour be recognized. The relevant jurisdictions are normally the jurisdiction(s) in which insolvency proceedings relating to the assignor may take place and the other jurisdiction(s) where the debtors of the receivables could be located; a dispute might sometimes occur in these other jurisdictions with a competing claimant attempting to claim priority (e.g. a judgement creditor who would seize receivables owed by the debtors located in those jurisdictions). As the insolvency jurisdiction(s) and the other jurisdiction(s) in which the debtors are located may have different conflict-of-laws rules, a prudent financier should examine the applicable rules of all relevant jurisdictions.
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Glasson, J. "Conflict of Laws - Key Points for Trust Practitioners: Part I - Jurisdiction." Trusts & Trustees 8, no. 1 (November 1, 2001): 7–15. http://dx.doi.org/10.1093/tandt/8.1.7.
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Bibikov, S. E. "Collisional legal regulation of the responsibility of the controlling debtor in respect of cross-border insolvency." Courier of Kutafin Moscow State Law University (MSAL)), no. 3 (June 14, 2021): 212–18. http://dx.doi.org/10.17803/2311-5998.2021.79.3.212-218.
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This study highlights the problem of establishing the applicable law for cross-border insolvency relations of a legal entity. The author examines various approaches to the choice of the applicable law to the liability of controlling persons, provides foreign experience and reveals the main trends in resolving conflict issues. It is noted that the lack of legal regulation of cross-border insolvency relations, including conflict of laws rules, does not allow creditors to fully recover losses from controlling persons whose assets are in foreign jurisdiction. In order to eliminate contradictions in practice, it is proposed to consolidate in civil legislation an independent conflict of laws rule on the liability of controlling persons in relations of cross-border insolvency of a legal entity. It is concluded that the conflict-of-law choice of the applicable law to disputed legal relations directly depends on the jurisdiction of the state in which the proceedings on the cross-border insolvency of a legal entity are initiated.
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Sousa Gonçalves, Anabela Susana de. "O princípio da autonomia da vontade no Regulamento Europeu sobre Regimes Matrimoniais." Revista Electrónica de Direito 22, no. 2 (June 2020): 77–93. http://dx.doi.org/10.24840/2182-9845_2020-0002_0004.
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One of the main structural principles of Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes is the principle of party autonomy, both in terms of conflict-of-laws and international jurisdiction. The purpose of this study is to analyse the implementation of this principle in the European Regulation on Matrimonial Regimes.
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Isaac, J. S. "Redefining the jurisdiction clause under copyright and trade mark laws in India." Journal of Intellectual Property Law & Practice 10, no. 1 (November 20, 2014): 43–47. http://dx.doi.org/10.1093/jiplp/jpu218.
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Lipstein, K. "INTELLECTUAL PROPERTY: PARALLEL CHOICE OF LAW RULES." Cambridge Law Journal 64, no. 3 (November 2005): 593–613. http://dx.doi.org/10.1017/s0008197305006975.
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IN a previous article it was contended that for the purpose of the conflict of laws the structure of immaterial property law (which term is used here to include patents and the like) is exceptional. Due to its privileged character accorded by the sovereign local authority it is territorial in the dual sense that such laws are strictly confined in their operation to their country of origin and that within that territory the application of foreign immaterial property law is excluded by its inherent limitation. In English and Commonwealth law this insight was concealed until recently by the assertion that the courts could only exercise jurisdiction in respect of claims based on their own national intellectual property law. Jurisdiction was thus functionally linked to the exclusive sphere of the applicable law.
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Arafa, Mohamed. "ISLAMIC JURISDICTION: SHARIE‘A COURTS AND THE FUTURE OF PUBLIC POLICY." Revista Direitos Fundamentais & Democracia 25, no. 1 (April 30, 2020): 6–26. http://dx.doi.org/10.25192/issn.1982-0496.rdfd.v25i11829.
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Recently the issue of the Sharie‘a courts has been drawing the attention of the Western media, especially in Europe, Canada, and the United States. Legal scholars and legal activists are quite reluctant to contribute to the discourse held mostly by reporters, religious figures and politicians. This could be why the matter is covered cursorily resting upon emotional, prejudiced and politically inspired debates and valuations. Moreover, the Sharie‘a court’s jurisdiction is not always obviously specified and fundamentally various issues of these courts get mixed and sometimes led to the conflict of laws (choice of law) questions.
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Michaels, Ralf. "The Conflicts Restatement and the World." AJIL Unbound 110 (2016): 155–60. http://dx.doi.org/10.1017/s2398772300002993.
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Some sixteen years ago, on the occasion one of many symposia on the possibility of a new Restatement on Conflict of Laws to replace the much-derided Second Restatement, Mathias Reimann suggested that a new Restatement should focus on the requirements of what he called “the international age.” Conflict of laws is increasingly international, he pointed out. This remains true today—just recall that three of the four recent U.S. Supreme Court decisions on personal jurisdiction concerned international conflicts. A new Restatement must take that into account. Reimann formulated three very sensible wishes for drafters of a new Restatement: they should consider every rule and principle they formulate with international disputes in mind; they should work comparatively; and they should include foreign advisers.
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Piñeiro, Laura Carballo. "Port State Jurisdiction over Labour Conditions: A Private International Law Perspective on Extra-territoriality." International Journal of Marine and Coastal Law 31, no. 3 (September 5, 2016): 531–51. http://dx.doi.org/10.1163/15718085-12341407.
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Whereas flag states are primarily responsible for living and labour conditions on board ships flying their flag, port state jurisdiction on board foreign-flagged ships is still uncertain from both a public and a private international law perspective. This paper focuses on the latter, to ascertain in which cases port state courts and domestic employment legislation decide on maritime employment contract matters. This may help to establish to what extent the extra-territorial exercise of port state jurisdiction is reasonable: adjudicatory jurisdiction and conflict-of-laws rules are construed on the basis of the proximity principle and thus strive to point out the state with the strongest link to the case at stake. However, the establishment of the port state legal system as the closest one to maritime employment usually amounts to setting the flag state aside, meaning that the subsidiarity principle takes over in determining the extra-territorial application of port state jurisdiction.
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Juenger, Friedrich K. "Two European Conflicts Conventions." Victoria University of Wellington Law Review 28, no. 3 (June 1, 1998): 527. http://dx.doi.org/10.26686/vuwlr.v28i3.6066.
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The states of the European Union have so far concluded two major conflict of laws conventions: The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, and the Rome Convention on the Law Applicable to Contractual Obligations. Professor Juenger here reflects on the creation and experience of these treaties and concludes that the Brussels/Lugano Conventions present a model for the world while the Rome Convention shows what to avoid.
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Dias Oliveira, Elsa. "A gestação de substituição e o direito internacional privado. A realidade portuguesa = Surrogacy and the conflict of laws. A Portuguese perspective." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (October 1, 2019): 45. http://dx.doi.org/10.20318/cdt.2019.4949.
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Resumo: A gestação de substituição tem sido regulada nos diversos ordenamentos jurídicos de modo distinto. Esta diversidade tem como uma das suas consequências que aqueles que pretendem recorrer à gestação de substituição se desloquem aos países onde esta é permitida e retornem, depois, já com a criança nascida na sequência deste processo, aos seus países de residência habitual. As autoridades competentes destes países são, depois, confrontadas com dificuldades que resultam de pedidos de estabelecimento filiação e para as quais as suas leis internas dificilmente apresentam respostas pensadas para esta realidade.É face a este contexto que se apresenta o presente artigo, em que se visa refletir sobre a realidade jurídica portuguesa acerca da gestação de substituição nos casos que revelem contactos relevantes com mais do que um ordenamento jurídico.Palavras-chave: gestação de substituição, filiação, lei aplicável, reconhecimento de situações constituídas no estrangeiro.Abstract: Surrogacy laws vary from jurisdiction to jurisdiction. Because of this variety, people living in countries that do not allow surrogacy start surrogacy processes abroad – in a country that allows it – and then return home with the born child. The authorities of the home country can then be asked to establish the child’s affiliation, but their laws, in many cases, do not rule or do not allow surrogacy. In this article we analyze the Portuguese laws on this subject and the possible answers that can be given to rule cross-board surrogacy.Keywords: surrogacy, parentage, applicable law, cross-border recognition.
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Ibold, Victoria. "Transnational Jurisdiction for Cybercrimes de lege lata and de lege ferenda." European Criminal Law Review 10, no. 3 (2020): 255–71. http://dx.doi.org/10.5771/2193-5505-2020-3-255.
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In a legal discourse about criminal law in an interconnected society, cybercrime plays an important role - the more the Internet invades essential areas of life, the more criminal behaviour is committed on and with the assistance of the Internet. However, there is a fundamental conflict in the attempt to regulate human behaviour on the Internet - a conflict between the boundless nature of the Internet and the limited sovereign powers of governments. This applies to the question of jurisdiction over extraterritorial offences. Which criminal law order should apply if the perpetrator has acted abroad but because of the internet the actual or potential effects of his act also extend to national territory? This article looks in detail at the transnational application of criminal law, especially in the case of “offences of abstract endangerment”. After looking briefly at the current legal situation in Germany, it evaluates two draft laws planning to extend jurisdiction. This allows a discussion about legislative means to close possible jurisdictional loopholes and about limits to such legislative means set by the principle of non-intervention.
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Hartley, Trevor C. "The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws." International and Comparative Law Quarterly 54, no. 4 (October 2005): 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Curran, Deborah, Eugene Kung, and Ǧáǧvi Marilyn Slett. "Ǧviḷ̕ás and Snəwayəɬ: Indigenous Laws, Economies, and Relationships with Place Speaking to State Extractions." South Atlantic Quarterly 119, no. 2 (April 1, 2020): 215–41. http://dx.doi.org/10.1215/00382876-8177735.
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A discussion about Indigenous economies, governance, and laws begins with relationships. These relationships are centered in a place, a traditional territory, and include responsibilities towards that place. Such a relational approach to Indigenous economies is in conflict with capitalist modes of extraction and the settler Canadian court’s narrow conception of the duties of “consultation and accommodation” as the state’s primary responsibility when an activity or project will infringe Aboriginal rights in a traditional territory. The purpose of this article is to explore the conflict between Indigenous economies and state-sponsored extraction drawing on the experience of two Indigenous nations in British Columbia, Canada—the Heiltsuk and Tsleil-Waututh Nations—who are upholding their relationship with their traditional territories through the assertion of jurisdiction. The Heiltsuk continue to challenge the federal Department of Fisheries and Oceans’ permitting commercial herring fisheries, and have dealt with a marine diesel spill using their own legal processes. The Tsleil-Waututh are opposing the construction of another fossil fuel pipeline in their territory that would increase tanker traffic in the habitat of endangered orcas by seven hundred percent by conducting their own assessment of the project based on Coast Salish law. These exercises of jurisdiction demonstrate relations with and responsibilities towards these Nations’ traditional territories that underscore ecosystem health and wellbeing as the foundation of Indigenous economies. While these examples effectively demonstrate the Nations’ responsibility towards their territories, the regimes of state-sponsored extractions require radical reformulation to be able to engage relational processes of consent.
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Lowe, Vaughan. "Us Extraterritorial Jurisdiction: The Helms-burton and D'Amato Acts." International and Comparative Law Quarterly 46, no. 2 (April 1997): 378–90. http://dx.doi.org/10.1017/s0020589300060474.
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The history of clashes over extraterritorial jurisdiction between the United States of America and other States in the Americas, Europe and elsewhere is a long one. That history is commonly traced back to the antitrust claims arising from the Alcoa case in 1945, in which the “effects” doctrine was advanced in the peculiar and objectionable form in which it is applied, not simply to acts which constitute elements of a single offence but which occur in different jurisdictions but, rather, to the economic repercussions of acts in one State which are felt in another. The conflict persisted into the 1950s, with the clashes over US regulation of the international shipping and paper industries. In the 1960s and 1970s there were further clashes in relation to the extraterritorial application of US competition laws, notably in disputes over shipping regulation and the notorious Uranium Antitrust litigation, in which US laws were applied to penalise the extraterritorial conduct of non-US companies, conducted with the approval of their national governments, at a time when those companies were barred by US law from trading in the United States. It was that litigation which was in large measure responsible for the adoption in the United Kingdom of the Protection of Trading Interests Act 1980, which significantly extended the powers which the British government had asserted in the 1952 Shipping Contracts and Commercial Documents Act to defend British interests against US extraterritorial claims.
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Isaev, M. A. "International law argumentation in the national courts of the Scandinavian countries: doctrinal approaches." Moscow Journal of International Law, no. 4 (March 23, 2020): 91–103. http://dx.doi.org/10.24833/0869-0049-2019-4-91-103.
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INTRODUCTION. In modern legal science the problem of the effect and implementation of international law in national legal systems is one of the most popular areas of research. This article is devoted to the consideration and critical analysis of doctrinal assessments of the application by courts of general jurisdiction of the Scandinavian countries of the international legal norms , as well as their possible approaches to resolving conflicts between the norms of international and national law.MATERIALS AND METHODS. The method of comparative law has been used in present essay as a special logical mechanism that permits us to construct a system of rules relating to conflict of laws. Especially these rules are the tertium comparationis in a case of conflict between international and domestic law in municipal courts, as it is going through the formula of induction (analogy): if A is B, and B is C, so A is C.RESEARCH RESULTS. Traditionally international law suggests two ways of solving the problem in a case of the conflict of laws: monistic and dualistic doctrines. But these doctrines are not realizable in a pure form because of their inner contradiction. The main cause of this contradiction is the impossi bility to join interests of the subjects of international law with each other. Taking the doctrine of Interessenjurisprudenz as a ground of our further reasoning we have found the third point, we were searching for: just – the mechanism of elaborating the special remedies by which the conflict of interpretations has to be solved. The main remedy is the overcoming (in a logical sense) the law of excluded the third in the form of analogy. So, we can formulate a construction of the rules relating to conflict of laws in international public law by the analogy with the international private law. The nature of these rules is coincided with the such norms as _esuetu iuris cive necessitates and general principles of law. Especially that permits us to avoid the conflict of interpretation of the two legal orders, that can be caused by the “double standards” and “soft power” doctrines.DISCUSSION AND CONCLUSIONS. The above mentioned analysis permits us to formulate some general principles to established the system of rules relating to conflict of laws. The main cause of them will be following logical premise: the conflict of laws is based on the conflict of interests. That can be evidently by the interpretation rules in a conflict. Interpretation has the aim to harmonized conflicting orders on the ground of the general principles of law relating to municipal and international law. Conflict of laws can be solved through the general principles of law, especially in the case of fundamental contradiction. Conflict of laws can be formulated by the analogy. Conflict of laws can’t be interpreted in teleological way.
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Wass, Jack. "THE COURT'S IN PERSONAM JURISDICTION IN CASES INVOLVING FOREIGN LAND." International and Comparative Law Quarterly 63, no. 1 (January 2014): 103–35. http://dx.doi.org/10.1017/s0020589313000468.
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AbstractThe Moçambique rule provides that an English court may not adjudicate on title to foreign immovable property. This article considers the primary exception to that rule: where the court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the court's personal jurisdiction. It addresses two questions: how should the English court decide whether to assume jurisdiction in relation to foreign land, and if the positions are reversed, should an English court recognize or enforce the order of a foreign court affecting English land? As to the first question, this article argues that the orthodox English approach is anachronistic. English law applies the lex fori exclusively to determine whether an obligation exists which the court has jurisdiction to enforce. Instead, modern conflict of laws principles demand that the court should apply the proper law of the substantive claim in determining whether a sufficient equitable or contractual obligation exists. As to the second question, this article argues that despite the prevailing view that foreign non-money judgments are not enforceable in England, foreign orders in relation to English land are in principle entitled to recognition in a subsequent action in England by the successful claimant.
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Hoagland, Porter. "Managing the Underwater Cultural Resources of the China Seas: A Comparison of Public Policies in Mainland China and Taiwan." International Journal of Marine and Coastal Law 12, no. 2 (1997): 265–83. http://dx.doi.org/10.1163/157180897x00095.
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AbstractThis paper focuses on managing the underwater cultural resources of the China Seas. It presents a comparative analysis of the public policies in Mainland China and Taiwan in connection with a recent draft convention of UNESCO pertaining to underwater cultural resources. In recognition of the problem of underwater archaeological resources being discovered in ocean areas of arguable jurisdiction, potential areas of conflict between the two regimes are analysed through a comparison of provisions between the draft UNESCO convention and the corresponding laws of China and Taiwan. In addition a trend towards commercialization in this area and the implications of this trend are discussed.
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Fedorchenko, N. "MONOGRAPH REVIEW OF DR. IRYNA DIKOVSKA "INTERNATIONAL SUCCESSION IN THE EU AND UKRAINE: DIRECTIONS FOR ADAPTATION OF UKRAINIAN LAW TO THE EU LAW" (KYIV, ALERTA, 2020)." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 65–66. http://dx.doi.org/10.17721/1728-2195/2021/1.116-14.
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The review evaluates the content of the monography. It has been concluded that the idea of the monograph is relevant since the rules of international treaties of Ukraine (namely, bilateral agreements on legal assistance) and the Law of Ukraine on Private International Law (hereinafter: PILA) contain some gaps and uncertain provisions regarding international succession law issues which need to be filled or revised respectively. We support the author's suggestion to make such amendments taking into consideration Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as, the EU Private International Law doctrine and solutions to international succession law issues in national law of some the EU Member States. The book consists of 15 chapters which focus on the determination of international jurisdiction in succession matters; determination of the law applicable to succession relations with a foreign element; recognition and enforcement of foreign decisions in succession matters; acceptance of authentic documents created abroad. Many author's ideas seem appropriate. They include the suggestions to determine the scope of law applicable to the succession in PILA; to amend the conflict of laws rules applicable to the form of wills; to include in PILA conflict of laws rules regarding succession agreements; to amend some rules of Civil Procedural Code of Ukraine applicable to recognition and enforcement of foreign decisions in civil matters and others. It was concluded that the monograph would useful f
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Kornberg, Dana. "Competing for Jurisdiction: Practical Legitimation and the Persistence of Informal Recycling in Urban India." Social Forces 99, no. 2 (February 5, 2020): 797–819. http://dx.doi.org/10.1093/sf/soz169.
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Abstract How did informal garbage collectors, who had long provided the only door-to-door and recycling services in Delhi, manage to survive the introduction of formal garbage collection trucks? This question raises the larger problem of why informal institutions—well-organized and socially recognized, but legally unauthorized and unregulated platforms for political and economic organization—have proven so persistent. I draw on evidence collected during 20 months of ethnographic research in Delhi, focusing on participant observation with informal collectors during their neighborhood routes and interviews with 50 informal collectors. Bringing together political and urban sociology, postcolonial urban studies, and institutional theory, the paper frames competition over city garbage and recycling as a relational matter. I argue that informal workers preserved their jurisdiction through practical legitimation, depending on everyday actions and social expectations rather than explicit laws or beliefs to secure legitimacy. I demonstrate how status-based relations, here based on caste and labor migration, can confer legitimacy and provide a source of regulation, as actors set out and meet implicit expectations for appropriate actions, relationships, and social boundaries.
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Jiang, Zongyan. "Research on the Levirate Marriage for the Han Chinese during Yuan Dynasty." Asian Social Science 15, no. 8 (July 29, 2019): 104. http://dx.doi.org/10.5539/ass.v15n8p104.
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The levirate marriage has been continued for thousands of years in the ancient time of China until after the People's Republic when it died out. In Yuan Dynasty, the levirate marriage was gradually ascended to state law from national habits; its position was so important that it was considered as the customs of the country, later it gradually moved towards collapse. The variation of laws as well as regulations for the levirate marriage reflect the process of which the two cultures of the Mongolian people and Han people blended continuously. Starting from the research on the policy of the levirate marriage for the Han Chinese, this article explores for the jurisdiction and control of rulers in Yuan Dynasty for the Han Chinese to disclose the ideological features of laws in Yuan Dynasty, which explore for the conflict and coordination of law culture in grassland of the law culture in central plains.
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Pratama, Arindra Wigrha. "The Role of Nusantara Task Force in Preventing Political Vulnerability in Pati Police Jurisdiction." Journal of Law and Legal Reform 1, no. 3 (April 30, 2020): 457–78. http://dx.doi.org/10.15294/jllr.v1i3.37964.
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Political insecurity ahead of the 2019 presidential and vice presidential election candidates often arises in the Pati Police jurisdiction. The establishment of this task force aims to minimize the occurrence of various political vulnerabilities ahead of the presidential and vice presidential elections so as not to develop into social conflict. The purpose of this study is to analyze the problems of political vulnerability that existed during the 2019 Presidential Election in the Pati Police jurisdiction, describe and explain the role of the Nusantara Task Force in preventing the occurrence of problems of political vulnerability that existed during the 2019 Presidential Election in the Pati Police area, and analyze the factors factors influencing the implementation of the Task Force of the Archipelago in preventing the occurrence of problems of political insecurity that existed during the 2019 Presidential Election in the Pati Police jurisdiction. Theories used in this research are the Role Theory and Voter Behavior Theory. The concept used is the Nusantara Task Force Concept. The laws and regulations in this study are Law No. 2 of 2002 concerning the National Police and the Law. No. 7 of 2017 concerning General Elections, as well as National Police Chief Sprin No. .: Sprin / 40 / I / 2018 Date January 8, 2018 About the Establishment of the Task Force Nusantara.
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Löhnig, Martin. "Unification of law in the field of family law – roads and dead-end-roads." International and Comparative Law Review 12, no. 2 (December 1, 2012): 101–12. http://dx.doi.org/10.1515/iclr-2016-0089.
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Abstract Article deals with the problem of the harmonisation and unification of the family law in the European Union as the consequence of the building the single European Space. Th e main claim of the author is that a speedy unification of substantive family law, particularly one that is decreed by European institutions, would lead to loss on national and regional legal culture, what accorfing the author can’t be justified. Th e alternative is a close cooperation of individual European cultural groups or neighboring countries and the unification of the conflict of laws provisions and of the law of jurisdiction of the courts as well as by enacting regulations on (mutual) recognition and enforcement of court decision.
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Baumel Joseph, Norma. "Civil Jurisdiction and Religious Accord: Bruker v. Marcovitz in the Supreme Court of Canada." Studies in Religion/Sciences Religieuses 40, no. 3 (June 27, 2011): 318–36. http://dx.doi.org/10.1177/0008429811408213.
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In 2007 the Supreme Court of Canada ruled on the case of Bruker v. Marcovitz with the majority position being delivered by Justice Abella. Although on one hand the case might appear simply as one of contract law in Quebec, this particular ruling had many ramifications in terms of freedom of religion and state—church interaction. The article addresses the particularities of Jewish divorce laws and the complexities entered into within a civil society. Questions of the separation of church and state and the interaction of two legal systems continue to cause conflict and debate in both Canada and the United States of America. The couple involved had many years of litigation, and had already been both civilly divorced and Jewishly divorced. The issue at hand was whether one party could sue the other party for breach of contract if the said contract involved a religious obligation. The debate intrigues scholars and community participants alike.
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Haq, Inamul. "Kashmir Conflict and the Advent of Torture: An Overview." Randwick International of Social Science Journal 1, no. 1 (April 25, 2020): 42–52. http://dx.doi.org/10.47175/rissj.v1i1.9.
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Modern states have built burgeoning detention facilities like immigration centers, prisons and police cells that engage in torture and other cruel, inhuman treatments. The law enforcement agencies engage in torture and other cruel, inhuman and degrading treatment or punishment in the name of counter- terrorism, security threats and soon. The state uses torture and makes it clear that enhanced interrogation techniques makes a person from kidnapping to extra-ordinary rendition, from citizen to unlawful enemy combatant and from human to terrorist. The valley of Kashmir faces torture and other cruel inhuman treatments since insurgency began in 1990’s, with violent uprising and have elicited terrorism. Methods like torture is used as a tool of counter- insurgency by Indian security forces. The government of India used all efforts to crush the movement of self- determination of Kashmir. The strong response from India violates the human rights and international humanitarian laws. The law enforcement agencies, army and para- military forces have engaged in reprisal attacks against civilians resulting in indiscriminate firing, search operations, gang-rapes and burning of houses in the valley. After 1990, the situation in the Kashmir valley deteriorated and Kashmir was declared a disturbed area and laws like Disturbed Area Act (DAA) 1990, Armed Forces Special Powers Act (AFSPA) 1990 and Public Safety Act (PSA) 1978 were imposed. The purpose of the paper is to examine the concept of Torture in Kashmir valley and bring to light the plight of the victims in the valley.
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Gunawan, Yordan, Desi Nur Cahya Kusuma Putri, Ravenska Marchdiva Sienda, Sigit Rosidi, and Ami Cintia Melinda. "PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR." Diponegoro Law Review 6, no. 1 (April 30, 2021): 139–56. http://dx.doi.org/10.14710/dilrev.6.1.2021.139-156.
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The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.
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Mehta, Brinda J. "Contesting Militarized Violence in “Northeast India”." Meridians 20, no. 1 (April 1, 2021): 53–83. http://dx.doi.org/10.1215/15366936-8913107.
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Abstract The northeastern states of India have been positioned as India’s postcolonial other in mainstream politics with the aim to create xenophobic binaries between insider and outsider groups. Comprising the eight “sister” states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura, this region represents India’s amorphous shadowlands in arbitrary political markings between the mainland and the off-centered northeastern periphery. These satellite states have been subjected to the neocolonial governance of the Indian government and its implementation of political terror through abusive laws, militarized violence, protracted wars against civilians and insurgents alike, and gender abuse. Women poets from the region, such as Monalisa Changkija, Temsüla Ao, Mamang Dai, and others, have played a leading role in exposing and denouncing this violence. This essay examines the importance of women’s poetry as a gendered documentation of conflict, a peace narrative, a poet’s reading of history, and a site of memory. Can poetry express the particularized “sorrow of women” (Mamang Dai) without sentimentality and concession? How do these poetic contestations of conflict represent complex interrogations of identity, eco-devastation, and militarization to invalidate an elitist “poetry for poetry’s sake” ethic?
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Chumachenko, Ivan N. "Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America." Herald of Omsk University. Series: Law 17, no. 4 (December 28, 2020): 31–40. http://dx.doi.org/10.24147/1990-5173.2020.17(4).31-40.
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Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain states with the laws of other states, as well as, in some cases, with international law. Methodology. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of interpretation of legal acts and judicial precedents. Results. The author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as US doctrinal sources. The author provides the basic concepts regarding conflict law, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. Conclusion. Based on the results of the study, the author concludes that even if there are separate (special) legal acts, court cases, as well as doctrinal sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of US conflict law.
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Duara, Juliette G. "Religious Pluralism, Personal Laws and Gender Equality in Asia: Their History of Conflict and the Prospects for Accommodation." Asian Journal of Comparative Law 7 (2012): 1–27. http://dx.doi.org/10.1017/s2194607800000624.
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AbstractThis paper examines the relationship between three religio-legal traditions and their interactions and responses to the concept of gender equality as reflected in their inheritance practices. Specifically, questions of accommodation and authenticity will be explored through the Hindu, Confucian and Islamic traditions as they exist in contemporary India, Singapore and Hong Kong. While the primary focus will be on the current state of law and practice, the paper will begin personal laws during the period of British colonization. The impact of British jurisprudence will be recounted as background to understanding the contemporary state of the three traditions. For India and Singapore this history will include the impact of their independence movements on their personal laws. Hong Kong's history will include the impact of the territory's return to China.
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CHUMACHENKO, Ivan. "Internal and Cross-Border Conflict of Laws Regulation in the United States of America." Journal of Advanced Research in Law and Economics 9, no. 3 (June 15, 2020): 784. http://dx.doi.org/10.14505/jarle.v11.3(49).11.
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The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States.
The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.
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Gatzsche, Katharina. "Child protection in flight situations: the Hague Child Protection Convention and unaccompanied minors = Protección de menores en situaciones difíciles: el Convenio de la Haya de protección de los niños y menores no acompañados." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 340. http://dx.doi.org/10.20318/cdt.2019.4623.
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Abstract: The Hague Child Protection Convention of 1996 is an important source of law for questions of international jurisdiction and conflict-of-laws concerning measures of child protection. Flight situations pose a significant threat to children, especially when unaccompanied, and challenge the Hague Child Protection Convention and similar tools in a very special way. This article will analyze how and to what extent the Hague Child Protection Convention offers appropriate solutions to problems even as serious as the situations of refugee children.Keywords: Hague Convention,Child Protection, Conflict-of-laws for parental responsibility.Resumen: El Convenio de La Haya sobre la protección de los niños de 1996 es una importante fuente de derecho para cuestiones de jurisdicción internacional y normas de conflictos relativas a las medidas de protección de los niños. Las situaciones de refugio representan una amenaza importante para los niños, especialmente cuando no están acompañados, y cuestionan la Convención de La Haya sobre la protección de los niños y otros convenios similares de una manera muy especial. Este artículo analizará cómo y en qué medida el Convenio de La Haya sobre la protección de los niños ofrece soluciones adecuadas a los problemas, incluso tan graves como las situaciones de los niños refugiados.Palabras clave: Convenio de La Haya, protección de los niños, normas de conflicto de responsabilidad paternal.
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McDougal, Topher. "Law of the Landless: The Dalit Bid for Land Redistribution in Gujarat, India." Law and Development Review 4, no. 1 (August 19, 2011): 141–67. http://dx.doi.org/10.2202/1943-3867.1127.
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Tenuous land access contributes to food and livelihood insecurity, and fuels conflicts in many rural societies. In such cases, the ability of government legal institutions to structure and ultimately transform the conflict depends not just on the adoption of laws favorable to progressive land redistribution, but also the effective implementation of those laws in the face of elite influence in local government. This paper presents a case study of an identity-based social movement for Outcastes in India (the Navsarjan Trust) struggling to bring about the successful implementation of land redistribution laws in Gujarat, India. I contend the Dalit land movement recognizes outcomes of state policy as products of caste struggles within a nested hierarchy of local government institutions. I argue Navsarjan’s strategy is to modify the strength of links between levels in this hierarchy in order to produce favorable results for the Dalit land rights movement. This strategy explodes the myth of human rights movements as necessarily antagonistic to government function, portraying government rather as a framework that structures social struggle.
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Akhtar, Zia. "Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes." International and Comparative Law Review 21, no. 1 (June 1, 2021): 184–210. http://dx.doi.org/10.2478/iclr-2021-0007.
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Summary In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and due process clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (lex fori) or that of the state where the dispute emanated. The federal constitution allows the state courts to apply marriage laws of another state. If the issue is procedural, then the law of the state will be applied where the dispute that gave rise to the litigation (lex loci). This paper examines the interstate in family law by considering marriages, child custody, and adoption rules and it enquires whether the courts have been sufficiently consistent in interpreting family law of the state in accordance with Article IV, Section 1. There is also a section that compares the law in the US with the application of the lex fori rules in family cases in the Scottish jurisdiction and how that influences parties in family law disputes.
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Djundic, Petar. "Decisions in the field of international private law in the practice of the Novi Sad court of cassation between two world wars." Zbornik Matice srpske za drustvene nauke, no. 125 (2008): 121–30. http://dx.doi.org/10.2298/zmsdn0825121d.
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This article analyzes decisions in the field of International Private Law of the Novi Sad Court of Cassation, the highest court in Vojvodina during the period between two world wars. Decisions of the Court concerned with the conflict of laws issues were extremely rare during this period. Available case law contains literary one decision dealing with the choice of law problems in cross-border disputes. On the other hand, internal conflicts of laws were much more common as a result of the fact that The Kingdom of Serbs, Croats and Slovenes (from 1929 onwards - The Kingdom of Yugo?slavia) was the country with seven different systems of civil law in force in its territory. Choice of law rules were scant and underdeveloped. Case law of the Court is somewhat more developed when it comes to decisions concerned with international jurisdiction of the courts, recognition and enforcement of foreign decisions and issues of international civil procedure. However, one should bear in mind that many of the disputes with cross--border implications originated not from the will of the parties, but rather as a result of the change of sovereignty over the territory of Vojvodina after World War I.
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Gan, Yong. "Jurisdiction agreements in Chinese conflict of laws: searching for ways to implement the Hague Convention on Choice of Court Agreements in China." Journal of Private International Law 14, no. 2 (May 4, 2018): 295–318. http://dx.doi.org/10.1080/17441048.2018.1509959.
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Pacuła, Krzysztof. "Kwalifikacja w prawie prywatnym międzynarodowym Unii Europejskiej. Od kwalifikacji autonomicznej ku… kwalifikacji według kolizyjnej legis fori?" Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 107–22. http://dx.doi.org/10.31261/pppm.2019.25.06.
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The terms ‘characterization’ (‘classification’) and ‘exercise of characterization’ refer in particular to the efforts made to determine which conflict of law rule — and in the sense presented in this paper, also rule on jurisdiction — which is part of the law of the forum State, should be applied to the circumstances of a particular case.
In relation to the norms of private international law of the European Union, the triumph of an autonomous characterization at first sight seems undeniable. The term autonomous characterization (in principle — ‘autonomous interpretation’, the case law usually does not distinguish between exercise of characterization and exercise of interpretation) has been referred to over the last fifty years in order to describe the vast majority of operations of interpretation undertaken in relation to the norms of EU private international law.
The contemporary concept of characterization in private law of the European Union, although consistently referred to as ‘autonomous’, does not fully meet the criteria thereof. The papers argues that while the starting point was the autonomous characterization in its pure form (stage one), over time it partially gave way to the place of characterization according to the EU law-oriented legis fori (stage two), and finally it was enriched with new elements which gave it the form of a specific functional characterization (stage three). It is not so much about the consistency of the results of the exercises of characterization with the universal understanding of certain concepts. Exercises of characterization are carried out through the prism of their effects, so as to ensure the effectiveness of the norms of EU law (effet utile) other than rules on conflict of laws and on jurisdiction.
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Pilipson, Edward. "Inheritance by Contract Complex Institution Legal Problematic: Applicable Law and Proper Jurisdiction Proving Methodology Creation Necessity." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 5 (2016): 116–42. http://dx.doi.org/10.25143/socr.05.2016.2.116-142.
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Inheritance by contract complex institution contains two principal, essential areas of legal regulation – inheritance law and law of obligations. These spheres have their own unique character and specific legal order of enforcement – under Private International Law, every sphere of legal regulation has its mandatory rules. Also, due to the complex nature of the institution mentioned above, these two spheres are closely related and often intertwined. These circumstances do not permit the application of the rules of inheritance law apart from the rules of the law of obligations. Application of foreign law in the territory of the national state is performed through the prism of the analysis of conflict rules contained in separate laws and in the regulations governing inheritance by contract institution. Due to the complexity of the contract of inheritance, it is necessary to analyze and prove the conflict rules relating to inheritance law as well as to the rules of the law of obligations. Because inheritance by contract institution has not yet been fixed in legal doctrine, it is necessary to develop completely new approach to the proof of the applicable law in respect of this institution. Līgumiskā mantošana ietver divas prioritāra rakstura tiesību jomas – mantojuma tiesības un saistību tiesības. Šīm jomām ir savs unikāls raksturs un īpaša piemērošanas un izpildes kārtība – katrai jomai ir savi saistošie noteikumi. Šīs sfēras ir cieši saistītas un savstarpēji korelētas, un tas nosaka šī institūta sarežģīto un komplekso raksturu. Šie apstākļi neļauj piemērot mantojuma tiesību sastāvdaļas atsevišķi no saistību tiesību sastāvdaļām, tāpēc ir nepieciešams analizēt mantojuma un saistību tiesību normas un pierādīt metodoloģijas izveidošanas nepieciešamību attiecībā uz piemērojamām mantojuma un saistību tiesību normām, kas regulē tieši līgumisko mantošanu. Tā kā līgumiskā mantošana joprojām nav detalizēti pētīta, ir nepieciešams izstrādāt pilnīgi jaunu pieeju piemērojamo tiesību pierādīšanai attiecībā uz minēto institūtu.
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Shewade, HemantDeepak, Neelam Bhatt, MiraB Aghi, Pranay Lal, Vivek Gupta, AjayMV Kumar, GovindKumar Tripathi, and RanaJ Singh. "Do smoke-free laws or policies impact smoking at home? A comparison between smoke-free and nonsmoke-free jurisdiction in India." International Journal of Noncommunicable Diseases 3, no. 1 (2018): 28. http://dx.doi.org/10.4103/jncd.jncd_38_17.
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Mahmutović, Dževad, and Mirna Alibegović. "STATUS AND PERSPECTIVES OF WAR CRIMES PROCESSING IN BOSNIA AND HERZEGOVINA." Journal Human Research in Rehabilitation 9, no. 2 (September 2019): 55–69. http://dx.doi.org/10.21554/hrr.091908.
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Serious, systematic and massive violations of international humanitarian law were committed during the 1992-1995 armed conflict in the territory of Bosnia and Herzegovina. The criminal prosecution and prosecution of perpetrators of these violations of international humanitarian law falls within the jurisdiction of several courts of various levels, namely the ICTY, the courts in Bosnia and Herzegovina, as well as the courts of other countries, in accordance with the principle of universal jurisdiction. However, the fact that is justifiably worrying is that, even after 24 years since the end of the war, the work on prosecuting those responsible for violations of international humanitarian law in Bosnia and Herzegovina is nowhere near completion. This is a consequence of non-compliance with the guidelines of the National War Crimes Processing Strategy, implementation of various laws at the state and entity levels, as well as limited regional cooperation and dialogue. The results of the research show that the concerns and perceptions expressed by citizens, as well as by some domestic and international institutions regarding the effectiveness of prosecutors' offices in prosecuting war crimes cases are very justified. Such data call for action by all relevant individuals and institutions to undertake activities in their own domain in order to advance this process and bring it to the level it deserves, given the importance for the overall BiH society.
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DUTTA, Sagnik. "From Accommodation to Substantive Equality: Muslim Personal Law, Secular Law, and the Indian Constitution 1985–2015." Asian Journal of Law and Society 4, no. 1 (September 9, 2016): 191–227. http://dx.doi.org/10.1017/als.2016.54.
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AbstractThe adjudication of religious personal laws of minority communities in India has been a domain of contestation between competing claims of cultural autonomy, gender justice, and individual rights. The Supreme Court of India has time and again been confronted with the conflict between the secular law and legislation that protects group rights of minorities. While the existing literature has taken note of the attempts by the Indian state and the judiciary at legal-pluralist interventions to secure gender justice within the framework of personal laws based on religion, there has not been a sustained analysis of the discursive construction of constitutional law in dynamic interaction with the secular law and tenets of religion. This paper attempts to address this important gap in the scholarship using a discourse analysis of the judgments of the Supreme Court of India from 1985 until 2015 pertaining to post-divorce maintenance for Muslim women. I examine how the “rights” of Muslim women are framed in a realm of dynamic interaction between legislation premised on community identity, notions of constitutionalism, and personal laws based on religion to argue that the state adopts an interventionist role in a legal-pluralist paradigm; it further uses the specificity of community identity to foreground a vision of social justice.