Hasil untuk "Private international law. Conflict of laws"

Vitória Oliveira

This article explores the intersection of dark patterns — deceptive design practices that manipulate user behavior—with children’s digital experiences, examining how universal cognitive vulnerabilities intersect with context-specific susceptibilities. After reviewing scholarship on dark patterns and synthesizing fragmented empirical research on children’s encounters with manipulative design, the article applies Mathur, Mayer, and Kshirsagar’s (2021) normative framework to assess harms across individual welfare, collective welfare, regulatory objectives, and autonomy in children’s contexts. Drawing on vulnerability theory, children’s rights instruments, and childhood studies, it situates children within this taxonomy to clarify how developmental characteristics and relational dependencies shape exposure to manipulation in digital environments. Children constitute a particularly revealing analytical lens for understanding digital vulnerability: while developmental characteristics heighten their exposure to manipulation, dark patterns exploit cognitive features universally shared. By engaging both particularist and universalist accounts, the article argues that protective measures developed with children in mind may establish baseline standards addressing digital vulnerability more broadly.

Thanai Permpul, Abdeel Kadir Bello, Ahmad Abdalaziz Alnusfir et al.

The article aimed to comprehensively analyse the great powers' rivalries in the current international political and geopolitical landscape, which may be leading to a changing global order. Great Power in the Changing International Order refers to the intensifying competition and conflict among the major powers, especially the US, China, and Russia. It covers various issues such as trade, technology, security, human rights and global governance. The emergence of this rivalry has challenged the existing international order, shaped mainly by the US and its allies after the Cold War. It has created new opportunities and risks for the middle and smaller powers caught between the great-power axis. The latter half of the 20th century saw a shift toward a multipolar world due to globalisation, the collapse of the Soviet Union, and technological advances. However, the 19th and 20th centuries were marked by the dynamic nature of multipolarity, with periods of stability and instability. The receding US influence, the rise of other power centres, and the transition from geopolitics to geoeconomics are among the main factors driving the transition in the world order.   Bibliography Entry Permpul, Thanai, Abdeel Kadir Bello, Ahmad Abdalaziz Alnusfir and Meshal Abdullah Salman Almaliki. 2025. "Great Power Rivalry in a Changing International Order." Margalla Papers 29 (2): 54-67.

Noam Kolt

The prospect of artificial superintelligence -- AI agents that can generally outperform humans in cognitive tasks and economically valuable activities -- will transform the legal order as we know it. Operating autonomously or under only limited human oversight, AI agents will assume a growing range of roles in the legal system. First, in making consequential decisions and taking real-world actions, AI agents will become de facto subjects of law. Second, to cooperate and compete with other actors (human or non-human), AI agents will harness conventional legal instruments and institutions such as contracts and courts, becoming consumers of law. Third, to the extent AI agents perform the functions of writing, interpreting, and administering law, they will become producers and enforcers of law. These developments, whenever they ultimately occur, will call into question fundamental assumptions in legal theory and doctrine, especially to the extent they ground the legitimacy of legal institutions in their human origins. Attempts to align AI agents with extant human law will also face new challenges as AI agents will not only be a primary target of law, but a core user of law and contributor to law. To contend with the advent of superintelligence, lawmakers -- new and old -- will need to be clear-eyed, recognizing both the opportunity to shape legal institutions as society braces for superintelligence and the reality that, in the longer run, this may be a joint human-AI endeavor.

Maria Rita Bartolomei

This case study relates to the Women and Law in Southern Africa – Zambia (WLSA – Zambia), an NGO with its headquarters in Lusaka. This organisation is engaged in fighting strenuously and successfully against discrimination, inequalities and gender violence, mainly resulting from the persistence of customary laws and its practices which sometimes jeopardises women and delays their empowerment and emancipation. Since in Zambia, as well as in many other African countries, land is still the primary source of wealth and livelihood, WLSA-Zambia and its members have been highlighting the significant legal, social and political problems caused by of gender inequalities in accessing land. Accordingly, they demand remedial legal reforms, develop citizens’ legal awareness and support women’s struggle to secure land rights. By presenting individual experiences and different viewpoints, and adopting a wealth of qualitative methodologies, my research work is a contribution, in anthropological perspective, to a better understanding of the multiple ways in which gender and law can interact.

Simon Chesterman

Artificial intelligence is reshaping science, society, and power. Yet many debates over its likely impact remain fixated on extremes: utopian visions of universal benefit and dystopian fears of existential doom, or an arms race between the U.S. and China, or the Global North and Global South. What's missing is a serious conversation about distribution - who gains, who loses, and who decides. The global AI landscape is increasingly defined not just by geopolitical divides, but by the deepening imbalance between public governance and private control. As governments struggle to keep up, power is consolidating in the hands of a few tech firms whose influence now rivals that of states. If the twentieth century saw the rise of international institutions, the twenty-first may be witnessing their eclipse - replaced not by a new world order, but by a digital oligarchy. This essay explores what that shift means for international law, global equity, and the future of democratic oversight in an age of silicon sovereignty.

Jehanzeb Iqbal

Since the withdrawal of the US / North Atlantic Treaty Organization (NATO) forces from Afghanistan in August 2021, Balochistan has experienced a renewed wave of terrorism with improved organisational/operational capabilities and better-equipped Balochistan Liberation Army (BLA) and Balochistan Liberation Front (BLF). The information environment of Balochistan has also undergone a rapid change in the last three years, with the Baloch population, especially the Baloch youth, becoming more accessible to the Baloch Nationalist Militant Organizations through a very efficient militant narrative creation dissemination system. This system of narrative creation based on the manipulation of facts and fabricated stories matched by a dynamic propaganda dissemination system is quickly replacing the facts with an alternative reality. It has also successfully replaced the national mainstream media and is becoming an alternative media choice for the Baloch population. The Baloch Nationalist Militant Organisations’ narrative has quickly gained popularity among domestic audiences and accrues credence from international media. An effective response mechanism is crucial to counter the far-reaching implications through a comprehensive and all-encompassing national effort.   Bibliography Entry Iqbal, Jehanzeb. 2024. "Decoding Bots of Terrorism in Balochistan." Margalla Papers 28 (2): 63-77.

Ari Brill

Deep neural networks exhibit empirical neural scaling laws, with error decreasing as a power law with increasing model or data size, across a wide variety of architectures, tasks, and datasets. This universality suggests that scaling laws may result from general properties of natural learning tasks. We develop a mathematical model intended to describe natural datasets using percolation theory. Two distinct criticality regimes emerge, each yielding optimal power-law neural scaling laws. These regimes, corresponding to power-law-distributed discrete subtasks and a dominant data manifold, can be associated with previously proposed theories of neural scaling, thereby grounding and unifying prior works. We test the theory by training regression models on toy datasets derived from percolation theory simulations. We suggest directions for quantitatively predicting language model scaling.

Tikesh Verma, Amit Kumar, Debasisha Mishra

This manuscript establishes several sufficient conditions for the validity of both the reverse order law and forward order law for NDMPI. Additionally, some characterization of the reverse order law of the NDMPI is obtained. We also explore the applications of the reverse order law within this framework. Finally, we demonstrate the additivity of the NDMPI, supported by illustrative examples.

Howe Tissue, Venus Wang, Lu Wang

We find that the cross-entropy loss curves of neural language models empirically adhere to a scaling law with learning rate (LR) annealing over training steps: $$L(s) = L_0 + A\cdot S_1^{-α} - C\cdot S_2,$$ where $L(s)$ is the validation loss at step $s$, $S_1$ is the area under the LR curve, $S_2$ is the LR annealing area, and $L_0$, $A$, $C$, $α$ are constant parameters. This formulation takes into account two factors: (1) power-law scaling over data size, and (2) the additional loss reduction during LR annealing. Therefore, this formulation can describe the full loss curve at each step, rather than the single loss point at the end of training. Applying the scaling law with LR annealing and fitting only one or two training curves, we can accurately predict the loss at any given step across any learning rate scheduler (LRS). This approach significantly reduces computational cost in formulating scaling laws while providing more accuracy and expressiveness for training dynamics. Extensive experiments demonstrate that our findings hold across a range of hyper-parameters and model architectures, and our equation can extend to scaling effect of model sizes. Moreover, our formulation provides accurate theoretical verification and explanation for empirical results observed in numerous previous studies, particularly those focusing on LR schedule and annealing. We believe that this work is promising to enhance the understanding of LLM training dynamics while greatly democratizing scaling laws, and it can guide researchers in refining training strategies (e.g. critical LRS) for further LLMs.

Sharon Weill

Transnational legal research often tends to overlook the local management of justice. It often moves too quickly from the local to the trans/global level, without taking the necessary time to investigate local practices. In addressing this research gap, my aim is to “re-localize“ studies within their geographical context and analyze the trans/national dynamics from within, using a bottom-up approach based on ethnography. This article presents a prolonged ethnography carried between 2017 and 2022 within French terrorism courts by a multidisciplinary team. The article provides an overview of the methodology, highlights the key finding, and offers a methodological framework for future empirical court studies, with the intention of supporting researchers in their future studies. La investigación jurídica transnacional a menudo tiende a pasar por alto la gestión local de la justicia. A menudo pasa demasiado rápido del nivel local al trans/global, sin tomarse el tiempo necesario para investigar las prácticas locales. Al abordar esta laguna en la investigación, mi objetivo es “relocalizar” los estudios dentro de su contexto geográfico y analizar las dinámicas trans/nacionales desde dentro, utilizando un enfoque ascendente basado en la etnografía. Este artículo presenta una etnografía prolongada llevada a cabo entre 2017 y 2022 dentro de los tribunales de terrorismo franceses por un equipo multidisciplinar. El artículo proporciona una visión general de la metodología, destaca el hallazgo clave y ofrece un marco metodológico para futuros estudios empíricos de tribunales, con la intención de apoyar a los investigadores en sus futuros estudios.

Yanqing Wang, Wei Wei, Yulin Ye

In this paper, we are concerned with the local exact relationship for third-order structure functions in the temperature equation, the inviscid MHD equations and the Euler equations in the sense of Duchon-Robert type and Eyink type. It is shown that the local version of Yaglom's $4/3$ law is valid for the dissipation rates of conserved quantities such as the energy, cross-helicity and helicity in these systems. In the spirit of Duchon-Robert's classical work, we derive the dissipation term resulted from the lack of smoothness of the solutions in corresponding conservation relation. It seems that these results suggest that the Yaglom's law of the hydrodynamic equations holds if an analogue of dissipation term as Duchon-Robert's is obtained. Base on this, the first Yaglom's relation for the Oldroyd-B model and, inspired by the very recent work due to Boutros-Titi, six new 4/3 laws for subgrid scale $α$-models of turbulence are also presented.

Hiroshi Okamoto, Iku Yoshimoto, Sota Kato et al.

The severity of war, measured by battle deaths, follows a power-law distribution. Here, we demonstrate that power law also holds in the temporal aspects of interstate conflicts. A critical quantity is the inter-conflict interval (ICI), the interval between the end of a conflict in a dyad and the start of the subsequent conflict in the same dyad. Using elaborate statistical tests, we confirmed that the ICI samples compiled from the history of interstate conflicts from 1816 to 2014 followed a power-law distribution. We propose an information-theoretic model to account for the power-law properties of ICIs. The model predicts that a series of ICIs in each dyad is independently generated from an identical power-law distribution. This was confirmed by statistical examination of the autocorrelation of the ICI series. Our findings help us understand the nature of wars between normal states, the significance of which has increased since the Russian invasion of Ukraine in 2022.

حسن فرج مهرابی, محسن محبی

این مقاله در صدد یافتن ضابطة جبران خسارت وارده به سرمایه‌گذار خارجی ناشی از نقض معاهدة بین‌المللی دو یا چندجانبة سرمایه‌گذاری در مواردی غیر از سلب مالکیت است. مطالعة رویة داوری به‌عنوان منبع مهم حقوق سرمایه‌گذاری خارجی نشان می‌دهد که به‌طور کلی میزان غرامت در این موارد با توجه به ضابطة جبران خسارت مندرج در رأی پروندة کارخانة کورزو و نیز موازین مربوطه در طرح مسئولیت بین‌المللی دولت‌ها تعیین می‌شود. در مورد نحوة اعمال این ضابطه، اگر نقض شروط معاهده منجر به سلب مالکیت شده باشد، غرامت قابل پرداخت، همانند سلب مالکیت غیرمشروع محاسبه می‌شود. در غیر این صورت، میزان غرامت با توجه به رابطة سببیت میان رفتار متخلفانة دولت میزبان و خسارات وارده به سرمایه‌گذار تعیین می‌شود. علی­رغم انسجام نسبی آرای محاکم در مورد ضابطة تعیین میزان غرامت در این موارد، نحوة احراز رابطة سببیت در رویة داوری سرمایه‌گذاری به­شدت متشتت بوده و به پیش‌بینی­پذیری نظام داوری سرمایه‌گذاری آسیب می‌زند.

Feras A. Batarseh

Cybersecurity threats affect all aspects of society; critical infrastructures (such as networks, corporate systems, water supply systems, and intelligent transportation systems) are especially prone to attacks and can have tangible negative consequences on society. However, these critical cyber systems are generally governed by multiple jurisdictions, for instance the Metro in the Washington, D.C. area is managed by the states of Virginia and Maryland, as well as the District of Columbia (DC) through Washington Metropolitan Area Transit Authority (WMATA). Additionally, the water treatment infrastructure managed by DC Water consists of waste water input from Fairfax and Arlington counties, and the district (i.e. DC). Additionally, cyber attacks usually launch from unknown sources, through unknown switches and servers, and end up at the destination without much knowledge on their source or path. Certain infrastructures are shared amongst multiple countries, another idiosyncrasy that exacerbates the issue of governance. This law paper however, is not concerned with the general governance of these infrastructures, rather with the ambiguity in the relevant laws or doctrines about which authority would prevail in the context of a cyber threat or a cyber-attack, with a focus on federal vs. state issues, international law involvement, federal preemption, technical aspects that could affect lawmaking, and conflicting responsibilities in cases of cyber crime. A legal analysis of previous cases is presented, as well as an extended discussion addressing different sides of the argument.

Masateru Inoue

There are many previous studies on the Hopf algebra $K(n)_*(K(n))$, the stable cooperations of $n$th Morava $K$-theory at an odd prime. Whereas the main part of $K(n)_*(K(n))$ corepresents the group-valued functor consisting of strict automorphisms of the Honda formal group law of height $n$, relations between the whole structure of $K(n)_*(K(n))$ including the exterior part and formal group laws have not been investigated well. Firstly, we constitute a functor $C(-)$ which is given by the fiber product of two natural homomorphism between subgroups of automorphisms of formal group laws, and the Hopf algebra $C_*$ corepresenting $C(-)$. Next, we construct a Hopf algebra homomorphism $κ^*:C_*\to K(n)_*(K(n))$ naturally. To relate $C_*$ to $K(n)_*(K(n))$, we use stable comodule algebras which are introduced by Boardman. From the algebra structure of $K(n)_*(K(n))$ which is given by Würgler and Yagita, we see that $κ^*$ is an isomorphism. Since we formulate $C_*$ by using formal group laws, the isomorphism $κ^*$ clarifies relationship between the Hopf algebra structure of $K(n)_*(K(n))$ including the exterior algebra part and formal group laws.

Benjamin J. Appel

Sara Mitchell and Andrew Owsiak's examination of the impact of UN Convention on the Law of the Sea (UNCLOS) and Article 287 declarations on the peaceful resolution of maritime disputes significantly advances the literature on the relationship between international law/international courts and maritime issues. To their credit, the authors employ a wide range of empirical tests in the article to provide readers with confidence in the empirical results. Nonetheless, there are some important limitations in their approach. Drawing on insights from the causal inference literature, I argue that Mitchell and Owsiak's empirical analyses suffer from two biases that both (1) raise concerns about the causal relationships identified in the article, and (2) suggest some important scope conditions in its empirical findings. I investigate the biases and propose suggestions for legal scholarship to produce more credible results.

Eyal Katvan, Boaz Shnoor

Serial litigants are a well-known phenomenon. This article deals with this phenomenon on two different levels using Israel as a test-case. First, we analyze the impact they have on the judicial system as a whole, and the institutional responses the judicial system uses in order to deal with serial litigants as well as the impact (both positive and negative) such serial litigants have on other litigants. Second, we analyze the personal motives of serial litigants and identify their common denominators, as well as what differentiates them. In this regard the article offers a unique approach by presenting the perspective of serial litigants and the human dimension behind their claims. We then show that serial litigants do not constitute a monolithic group, and suggest that courts have to take the differences between them into account. We further propose the formulation of systemic tools that take into account both the negative and the positive aspects of serial litigants in order to strike a proper balance between the optimal allocation of resources, and the right of access to justice.

Eddy Keming Chen, Sheldon Goldstein

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do.

Xiao-Jun Yang

In this article, we propose an anomalous chaotic system of the scaling-law ordinary differential equations involving the Mandelbrot scaling law. This chaotic behavior shows the "Wukong" effect. The comparison among the Lorenz and scaling-law attractors is discussed in detail. We also suggest the conjecture for the fixed point theory for the fractal SL attractor. The scaling-law chaos may be open a new door in the study of the chaos theory.

Donald McRae