Hasil untuk "Private international law. Conflict of laws"

Michael Y. Hu, Jane Pan, Ayush Rajesh Jhaveri et al.

Neural scaling laws predict how language model performance improves with increased compute. While aggregate metrics like validation loss can follow smooth power-law curves, individual downstream tasks exhibit diverse scaling behaviors: some improve monotonically, others plateau, and some even degrade with scale. We argue that predicting downstream performance from validation perplexity suffers from two limitations: averaging token-level losses obscures signal, and no simple parametric family can capture the full spectrum of scaling behaviors. To address this, we propose Neural Neural Scaling Laws (NeuNeu), a neural network that frames scaling law prediction as time-series extrapolation. NeuNeu combines temporal context from observed accuracy trajectories with token-level validation losses, learning to predict future performance without assuming any bottleneck or functional form. Trained entirely on open-source model checkpoints from HuggingFace, NeuNeu achieves 2.04% mean absolute error in predicting model accuracy on 66 downstream tasks -- a 38% reduction compared to logistic scaling laws (3.29% MAE). Furthermore, NeuNeu generalizes zero-shot to unseen model families, parameter counts, and downstream tasks. Our work suggests that predicting downstream scaling laws directly from data outperforms parametric alternatives.

Marisa Herrera

In this essay we propose to rethink the centrality of the right to identity as the base human right or backbone of the adoptive legal system in Argentine law. It happens that the right to identity, although always in a relational context such as that contained in filiation, focuses on the satisfaction and protection of people as such, would encounter certain limitations when delving into all interactions – beyond the binarism. relational – that involve certain contemporary problems of adoption. For the purposes of this interpellative task, we are encouraged to get into the ring and thus dispute this centrality in light of the development of the right to family life, taking arts as a starting point. 17 of the ACHR and 8 of the ECHR with the consequent dynamic interpretation carried out by the Inter-American Court of Human Rights and the European Court of Human Rights.

Alice Hamilton Farmer

Johannes Ruf, Ian Waudby-Smith

We derive concentration inequalities for sums of independent and identically distributed random variables that yield non-asymptotic generalizations of several strong laws of large numbers including some of those due to Kolmogorov [1930], Marcinkiewicz and Zygmund [1937], Chung [1951], Baum and Katz [1965], Ruf, Larsson, Koolen, and Ramdas [2023], and Waudby-Smith, Larsson, and Ramdas [2024]. As applications, we derive non-asymptotic iterated logarithm inequalities in the spirit of Darling and Robbins [1967], as well as pathwise (sometimes described as "game-theoretic") analogues of strong laws and laws of the iterated logarithm.

Rylan Schaeffer, Noam Levi, Brando Miranda et al.

Neural scaling laws have driven the field's ever-expanding exponential growth in parameters, data and compute. While scaling behaviors for pretraining losses and discriminative benchmarks are well established, generative benchmarks such as mathematical problem-solving or software engineering remain under-explored. We propose and evaluate three different pretraining scaling laws for fitting pass-at-$k$ on generative evaluations and for predicting pass-at-$k$ of the most expensive model using cheaper models. Our three scaling laws differ in the covariates used: (1) pretraining compute, (2) model parameters and pretraining tokens, (3) log likelihoods of gold reference solutions. First, we demonstrate that generative evaluations introduce new hyperparameters (in our setting, $k$) that act as a control lever for scaling behavior, modulating both the scaling law parameters and the predictability of performance. Second, we identify a stark difference in parameter stability: while the compute and parameters+tokens laws stabilize for only the last $\mathord{\sim}1.5\mathord{-}2.5$ orders of magnitude, the gold reference likelihood law is uniquely stable, converging across $\mathord{\sim}5$ orders. Third, in terms of predictive performance, we find all three scaling laws perform comparably, although the compute law predicts slightly worse for small $k$ and the gold reference law predicts slightly worse for large $k$. Finally, we establish a theoretical connection, proving that the compute scaling law emerges as the compute-optimal envelope of the parameters-and-tokens law. Our framework provides researchers and practitioners with insights and methodologies to forecast generative performance, accelerating progress toward models that can reason, solve, and create.

seyyed Mohammad Sadegh Tabatabaei, Mohammad Amini, mahmoud rastegari

If the guarantee contract is separated in a general division into the guarantee of transfer of Dhimmah and the guarantee as a tool to give credit to the obligee, the guarantee which is customary in commercial documents is the second part of the above division. The holder of the commercial document wants to introduce a guarantor while remaining the obligation and responsibility of the person who is the guarantor, in order to increase the strength and validity of the document and to raise his collective conscience in paying the amount of the commercial document. Therefore, the main question of the current research is that in the guarantee of commercial documents, is it engaged in the Dhimmah or responsibility? What effects will this detail have on the extent of the owner's rights? After researching and studying the works of jurists and jurists, and using a descriptive-analytical method, the authors came to the conclusion that in the guarantee of commercial documents, unlike the civil guarantee, the obligation to pay the amount of the document is placed on the guarantor, and such a view is also based on It increases the credibility of the commercial document and affects the rights of the holder.According to the nature of the issue of guarantee in commercial documents, i.e. the substitution of responsibility for the Dhimmah, after the occurrence of the guarantee, the guarantor is independently responsible for paying the amount to the holder of the commercial document without his obligation being subordinate to the Dhimmah of the main debtor.After the conclusion of the guarantee in the commercial document, if it is determined that the obligation of the main debtor was invalid during the issuance or transfer of the commercial document due to reasons such as forgery of the signature or lack of capacity, and for this reason, the debtor on the date of the document, because of the forgery his signature or lack of legal capacity, raises objections and refuses to pay, it must be said that regarding fake signature and lack of legal capacity, there is no discussion about the obligations of the holder; Rather, the discussion is about the commitment itself, because the commitment is the guarantor of an independent commitment. The subordination of guarantor's guarantee in commercial documents is not related to the principle of the obligation itself and it is related to the duties and legal conditions of the demand, which if the holder of the commercial document does not comply with the formalities of the demand for the document's payment within the specified period, he cannot, in terms of the commercial document, refer to the guarantor, but the fault of the holder has nothing to do with the independence of the guarantor's obligation in front of the principal debtor. In fact, in this research, guarantee is in a sense other than the concept of transfer and attachment. Because in the two concepts of transferring or attachment, the subject of the guarantee is the Dhimmah and a function of the debtor's Dhimmah, but in the guarantee of commercial documents, what is important is the independence of the guarantor's responsibility in dealing with the holder of the commercial document.The limits of the guarantor's responsibility (which include: the guarantor's relationship with the debtor; the relationship of multiple guarantors with the debtor; the relationship between multiple guarantors; Condition of mortgaged property; Collapse of debt obligation; Invalidation of debtor's obligation; Death of guarantor in relation to holder), the scope of the obligations of the officials of the commercial document towards the guarantor, the scope of the law (Statute) governing commercial documents, and the scope of defenses that cannot be cited against the guarantor (which in part consists of (1) irrefutable objections related to the will, which include the objection of forging the debtor's signature; Debtor's lack of legal capacity; forgery in the document after the signature of the debtor and guarantor; The problem of signing the document by the debtor's representative lacks authority, and in another part, it consists of (2) objections that cannot be relied on other than the will, that is, the guarantor's substitution of the debtor, as well as compliance with the deadlines for protesting and filing a lawsuit) will be the influencing factors in this connection

الهام امین زاده, محمد مقدمی, رعنا مددی

امروزه عوامل متعددی دارایی‌های فضایی را تهدید می‌کنند که مسلح­شدن فضای ماورای جو، یکی از مهم‌ترین این عوامل است. ازاین‌رو پیشگیری از تسلیحاتی­شدن فضا برای دولت‌ها از اولویت بسزایی برخوردار است. در این راستا طی دهه‌های اخیر تلاش‌های متعددی در دو بُعد حقوق سخت و حقوق نرم صورت گرفته است که اغلب با شکست روبه‌رو بوده‌اند. با وجود این، در سال‌های اخیر، گرایش به حقوق نرم برای پیشگیری یا کاهش تهدیدات فضایی در بین دولت‌ها افزایش یافته است. قطعنامة 36/75 (2020) با عنوان «کاهش تهدیدات فضایی از طریق هنجارها، قواعد و اصول رفتار مسئولانه»، یکی از آخرین قطعنامه‌های مجمع عمومی سازمان ملل متحد در این خصوص است که از مقبولیت بالایی در بین دولت‌ها برخوردار شده است. این قطعنامه از آن جهت اهمیت دارد که برخلاف قطعنامه‌های پیشین در این زمینه، بر «رفتار» دولت‌ها تأکید دارد. این نوشتار در صدد پاسخگویی به این پرسش است که قطعنامة یادشده به‌عنوان مصداقی از حقوق نرم، چگونه در کاهش تهدید دارایی‌های فضایی مؤثر است.

Shalin Parekh

A result of Arcones implies that if a measure-preserving linear operator $S$ on an abstract Wiener space $(X,H,μ)$ is strongly mixing, then the set of limit points of the random sequence $((2\log n)^{-1/2}S^n(x))_{n\in\mathbb N}$ equals the unit ball of $H$ for a.e. $x \in X$, which may be seen as a generalization of the classical Strassen's law of the iterated logarithm. We extend this result to the case of a continuous parameter $n$ and higher Gaussian chaoses, and we also prove a contraction-type principle for Strassen laws of such chaoses. We then use these extensions to recover or prove Strassen-type laws for a broad collection of processes derived from a Gaussian measure, including "nonlinear" Strassen laws for singular SPDEs such as the KPZ equation.

Alexei Avtonomov

Private international law as a branch of law still causes discussions regarding its subject, nature and sources. Therefore, all these as yet unresolved problems, having practical importance and theoretical interest, still require attention. The study is carried out using such methods as synchronous and diachronic comparative legal, historical, legal-linguistic, dialectical-materialistic, descriptive, analysis and synthesis. The present article is devoted to the main trends in the development of private international law in modern conditions from the point of view of the ratio of domestic (national) and inter-state (international and supranational) regulation. A brief historical overview provides the key to a better understanding of the current state of affairs. The competition of several factors contributing to the internationalization and nationalization of private law is one of the objects of exploration in the article. The development of private law is characterized by mutually contradictory trends, which, on the one hand, show the strengthening of the internationalization of legal regulation, and on the other hand, reflect the consolidation of the nationalization of legal means of streamlining the interaction of individuals and legal entities. The interweaving of factors (of legal and meta-legal nature) that feed both one and the other trend is specifically studied.

Mahdi Narimanpour, Mohammad Bahrami Khoshkar, Mohsen Esmaili

"Voidness" is a status on which no legal effect is exercised according to the law. Although this status is contrary to the rule in Islamic law, it has significant examples in Islamic law. An examination in jurisprudential and legal books shows that scholars of jurisprudence and law have tried to reduce the scope of this legal status and reduce its examples by creating institutions such as withdrawal of the contract, the principle of correctness and the theory of spiritual commonality. In this regard, according to the examples of correction of void contracts in Islamic law, we can reach a comprehensive and complete theory called "correction of void contracts", which on the one hand compared to similar comprehensive institutions and on the other hand It has far fewer problems than such institutions. Correction of a void contract means that a void contract is corrected by removing the invalid causes or changing and transforming the annulled elements of the contract.In this research, we intend to examine the aspects of this theory and to assess its validity in the balance of jurisprudence and law. The result shows that there is no serious problem in correcting a void contract from a jurisprudential and legal point of view, and this legal act can be considered as one of the legal theories along with other institutions limiting the scope of voidness.

SeyydAhmad Mousavi, Alireza Nojavan, Seyed Mohamad tagi Alavi

The necessity of accomplishing the contract has been expressed in the form of the principle of irrevocability, the irrevocability of fulfilling the contract, fulfilling the covenant, holiness and compulsory of contracts, irrevocability and compulsory of contract. The purpose of all these principles is summarized in the contract and becomes a binding force as soon as it is created, to which the parties participating are bound by its provisions. In jurisprudence and Iranian law, the pacta sunt servanda is interpreted as the principle of the irrevocability of contracts. the pacta sunt servanda has been accepted in jurisprudence and Iranian law. The principle of irrevocability is different from that of the pacta sunt servanda. From 219 of the Civil Code, some have inferred the principle of irrevocability in the position of doubt in the revocability and irrevocability of contracts, and others have inferred the pacta sunt servanda of absolute contracts, both revocable and irrevocable. This article tries to identify the pacta sunt servanda in Iranian law, provisions, concepts, and sources and explain its differences with the principle of irrevocability and similar principles in Iranian law, jurisprudence, and foreign law

Alexandre Goy

Distributive laws are a standard way of combining two monads, providing a compositional approach for reasoning about computational effects in semantics. Situations where no such law exists can sometimes be handled by weakening the notion of distributive law, still recovering a composite monad. A celebrated result from Eugenia Cheng shows that combining $n$ monads is possible by iterating more distributive laws, provided they satisfy a coherence condition called the Yang-Baxter equation. Moreover, the order of composition does not matter, leading to a form of associativity. The main contribution of this paper is to generalise the associativity of iterated composition to weak distributive laws in the case of $n = 3$ monads. To this end, we use string-diagrammatic notation, which significantly helps make increasingly complex proofs more readable. We also provide examples of new weak distributive laws arising from iteration.

Olfa Mansouri

The digital community threatens the illegal treatment of personal data, via social media, that is enabled, thanks to the development of digital technologies, which ensures the rapid circulation of data, such as text or images. However, this treatment requires constitutional, legislative and judicial protection, because it is considered an attack on private life, which does not eliminate the possibility of conditional treatment with the consent of the data owner, and by respecting the obligations of dignity and humanity. This protection comes under threat when a conflict occurs, that needs to find a balance with other fundamental rights, like freedom of expression and the press. However, the real difficulty is how to determine who is responsible for the damage due to the multiplicity of internet's interlocutors, technical intermediaries, access providers and content provider, the primary responsible for the disclosure of information. The situation is even more complicated, due to the difficulty of determining the applicable law, related to the global aspect of internet sites, as they are outside the limits of each country’s sovereignty, which can induce us in the “dark net” where no law applies. Hence, digitization challenges could be faced by concluding an international agreement, such as the European rule of 2018, as well as adopting the soft law, for it represents mechanisms and directives more than laws, with a preventive effect, in a world that could not be governed by a law with classic aspects.

mehdi zahedi, Shirin Sharifzadeh Tadi

Originality is an essential requirement for the copyrightability of any artistic and literary work. Creative works are afforded copyright protection only if they are original. Originality has yet to be defined by international or national laws including Iranian Laws. The judicial interpretation of national laws also differ from one another and there is no consensus on the concept of Originality. Under traditional approach, Originality is often referred as to "labor and effort" or "self expression " of the author, whereas the more approach is that of "creativity " and exercise of "skill and judgment ". However, all legal systems recognize that the work must be independent and not copied from another work.The main question of this Article is which approach can strike a balance between author’s rights and public interest to cheap and easy access to artistic works. This article will examine originality under different jurisdictions and concludes the Canadian definition is the more appropriate approach to the said question. Finally, it suggests that the Iranian legislature shall replace the term “creativity” with “skill and judgment” in 14 of article 1 of the copyright bill.

Nairita Roy Chaudhuri

India’s encounter with farmers’ protests since 2015 has highlighted the constructivist attempt of grassroots movements in confronting the state’s monopoly over production of law. Farmers’ groups and civil society organisations have been mobilising legal and extra-legal tactics to gain discrete legal responses from the state towards guaranteeing farmers’ fundamental rights in the context of climate change adaptation to droughts in semi-arid parts of rural India. This paper discusses the strategies used by such actors to frame the contours of climate justice. The movement highlights the need for India’s policies to align with transformational, procedural and distributional justice goals that recognise and redress structural (socio-economic, cultural, colonial) roots of vulnerability towards just and sustainable adaptation processes. It also highlights the responsibility of the nation-state to safeguard the fundamental/constitutional rights of farmers who contribute to the nation’s food security while being the most vulnerable to climate impacts at sub-national scales.

Álvaro Santos

Drug policy in the American hemisphere is in flux. After decades whereby a prohibitionist regime reigned supreme and proposing alternatives was taboo, several countries have begun to reconsider policy, particularly in the case of marijuana. International law has been instrumental in building the legal and institutional regime of prohibition, and it has remained largely impervious to critiques of its disastrous consequences. Indeed, when it comes to drug law and policy, international law has been part of the problem. Nevertheless, countries in the Americas have begun to adopt innovative strategies that also embrace international obligations. In this essay, I examine the failures of the law and order paradigm behind prohibition. I then analyze legal reforms in the Americas as motivated by three different perspectives: 1) human rights, 2) public health and 3) political economy. Each one offers a powerful challenge to prohibition but relies on different assumptions and offers different transformative potential.

فاطمه کیهانلو, هادی دادمهر

پاسخگویی به هجوم جمعی پناهجویان از مهم‌ترین دغدغه‌های جامعه بین‌المللی بخصوص در سالیان اخیر بوده است. تصویب اعلامیه نیویورک برای مهاجران و پناهندگان به اتفاق آرای دولت‌ها با 193 رأی در مجمع عمومی (19 سپتامبر 2016) و متعاقباً تصویب پیمان بین‌المللی پناهندگی صرفاً با 2 رأی مخالف امریکا و مجارستان در روزهای پایانی فعالیت سالیانه مجمع عمومی (17 دسامبر 2018)، مهر تأییدی بر این مدعاست. پناهجویی جمعی نه­تنها زمینه بروز بحران برای دولت‌های پذیرنده را ایجاد می‌کند بلکه در صورت امتناع این دولت‌ها از عمل به تعهد منع بازگرداندن اجباری پناهجویان، می‌تواند نقض گسترده حقوق بشر را در پی داشته باشد. در این تحقیق تلاش شده است تا پس از تأمین ادله حقوقی برای تعمیم­دادن گستره تعهدات دولت‌ها در موضوع منع بازگرداندن اجباری پناهجویان از سطح تعهدِ صرفِ قراردادی و درون­مرزی به سطح تعهد قراردادی و عرفی با دامنه شمولِ مرزی، اثبات شود که عملکرد دولت امریکا در انسداد مرز به روی پناهجویان امریکای لاتین در تنافر با تعاهدات قراردادی و عرفی این دولت در حقوق بین‌الملل قرار می‌گیرد.

علیرضا ابراهیم گل, محمدصالح عطار

امروزه حقوق بین‌الملل به مثابه نظام حقوقی، وضعیت حقوقی پیچیده و منحصربه­فردی دارد. این وضعیت حقوقی پیچیده و خاص، بر شیوه تعامل نظام‌های حقوقی ملی با نظم حقوقی بین‌المللی تأثیر گذاشته است. در نتیجه، بازتعریف شیوه تعامل نظام‌های حقوقی ملی با نظم حقوقی بین‌المللی برای هر نظم حقوقی ملی ازجمله نظام حقوقی جمهوری اسلامی ایران ضرورت دارد تا به این ترتیب، در رابطه با مخلوقات متنوع حقوقی نظام حقوق بین‌الملل در نظم حقوقی ملی، شیوه‌های ناهماهنگ، متعارض، نادرست و فاقد توجیه اتخاذ نشود. در این پژوهش، ابتدا با ارائه توصیفی کلی از ماهیت اجزای متمایز حقوق بین‌الملل، تلاش شده است تا وضعیت پیچیده کنونی این نظم حقوقی در رابطه با اجزای متشکله آن به‌عنوان الگوی کلی توصیف شود و در ادامه با تمرکز بر یکی از مصادیق جدید این اجزای متشکله حقوق بین‌الملل، یعنی گروه اقدام مالی و اقدامات آن، ظرفیت نظام حقوقی ملی جمهوری اسلامی ایران ذیل اصول 77 و 125 قانون اساسی بازخوانی و الگوی کلی موضع نظام حقوق ملی کشور در رابطه با اجزای متشکله جدیدتر حقوق بین‌الملل روشن شود.

Wisawawit Udomjitpittaya, Zuhda Mila Fitriana

Dispute settlement mechanism holds an important role in upholding the rights and obligations of member countries under any agreements signed by ASEAN members as well as to resolve any dispute between Members, therefore, AFTA has its own dispute settlement procedure. Unfortunately, it has not been fully efficient to solve the trade dispute within ASEAN countries because the parties tend to bring their disputes to WTO Dispute Settlement Body (DSB). This is because there are some issues and constraints in the AFTA DSM which vary from technical issues to cultural issues. Specifically, although there has not been any overlap issue with the WTO, the AFTA DSM might have the possibility to create such issue due to the lack of efficieny in the legal framework. It also has another major issues such as difficult access for private parties to defend their rights and the disputes in AFTA are rarely resolved because of the ‘ASEAN Way’ method. The ongoing reliance of ASEAN Member States to WTO DSB is an unfortunate situation knowing the fact that the WTO DSB has been struggling with overlap jurisdiction issues with other RTAs throughout the years. The aims of this writing is proposing possible solutions to encourage the efficacy of RTA’s DSB usage particularly in ASEAN Region.

Dmitry K. Labin, Alena V. Soloveva

No Western publication on international investment law (IIL) has ever specifically undertaken a comparative study of Russian and Western doctrines of IIL. Although Russian scholars often contrast Western and Russian approaches to international law, scholars in the West mostly proceed without any discussion of Russian practice and perspectives. To fill this gap, this essay introduces the Russian approach to IIL and contrasts it with its Western counterpart. In particular, we show that the Russian approach focuses far more extensively on the nature and categorization of IIL and treats IIL primarily as private international law rather than public international law. The distinctive Russian approach has practical relevance for states and scholars, in part because it helps to explain why Russia has resisted efforts to reform investor-state dispute settlement.