Hasil untuk "Private international law. Conflict of laws"

Sergey Goncharov, Dirk Hofmann, Pedro Nora et al.

Distributive laws of set functors over the powerset monad (also known as Kleisli laws for the powerset monad) are well-known to be in one-to-one correspondence with extensions of set functors to functors on the category of sets and relations. We study the question of existence and uniqueness of such distributive laws. Our main result entails that an accessible set functor admits a distributive law over the powerset monad if and only if it preserves weak pullbacks, in which case the so-called power law (which induces the Barr extension) is the unique one. Furthermore, we show that the powerset functor admits exactly three distributive laws over the powerset monad, revealing that uniqueness may fail for non-accessible functors.

Andri Winjaya Laksana, Adhi Budi Susilo, Peni Rinda Listyawati et al.

The application of Articles in law enforcement against drug addicts that should be imposed on dealers, dealers or couriers, but instead imposed on addicts, causes legal uncertainty for addicts because the rights of addicts to be rehabilitated are not obtained. This paper uses normative legal research methods. The research approach used is a statutory approach and a case study approach. The results of this study are legal uncertainty in law enforcement against drug addicts in Indonesia, which is caused by multiple interpretations between Article 127 and Article 112 of Law Number 35 of 2009 concerning Narcotics, which has created disparities in sentencing that ignore the principle of justice. The use of Article 112 which should be intended for drug dealers is often misused to ensnare addicts, who should receive rehabilitation according to Article 127. The need for legal reconstruction that focuses on harmonizing Article 127 and Article 112 of the Narcotics Law to align the two articles, by providing quantitative limitations and clear criteria to distinguish abusers from dealers.

Nermeen Arastu, Linda Bosniak, Barbara Buckinx et al.

In the aftermath of the 2018 migrant caravans, the Mexican government arrested two migrants’ rights activists,1 but not because they gave food or donated clothes to the caravaneros. The transgressive nature of their activism consisted of walking and organizing alongside people whose presence in the country was unauthorized. They were charged with smuggling-related crimes; but they were really “guilty” of solidarity. In this essay, we outline what solidarity entails, what compels various actors to join in, and to what end. From an interdisciplinary perspective, we discuss the “what,” “where,” “who,” and “why” of solidarity. The purpose is to open a new epistemological horizon, providing tools to collectively reflect on the complex issues at the intersection between solidarity, migration, and law.

Daniela Ronco

This article presents a socio-legal reflection on the role of the Italian supervisory judge in shaping the prison moral environment. The Italian supervisory judges ("magistrati di sorveglianza") officially perform two main functions: supervising the enforcement of sentences; and monitoring application of the law in prisons. They should therefore play a key role in terms not only of achieving the rehabilitative ideal, but also of preventing violations of prisoners’ rights. Nevertheless, traditionally they have never fully accomplished their mission of prison supervision, and only in a very few cases do they regularly visit prisons, since they are usually more focused on other (often bureaucratic and formalistic) tasks. Using ethnographic notes collected while acting as an external expert in an Italian Supervisory Court, in this paper I will reflect on how informal norms affect the ordinary practices and the decision-making process, with reference to both of the above-mentioned institutional mandates.

Haowei Lin, Haotian Ye, Wenzheng Feng et al.

Discovering scaling laws for predicting model performance at scale is a fundamental and open-ended challenge, mostly reliant on slow, case specific human experimentation. To investigate the potential for LLMs to automate this process, we collect over 5,000 experiments from existing literature and curate eight diverse scaling law discovery tasks. While existing agents struggle to produce accurate law formulas, this paper introduces SLDAgent, an evolution-based agent that co-optimize the scaling law model and the parameters, enabling it to autonomously explore complex relationships between variables. For the first time, we demonstrates that SLDAgent can automatically discover laws that exhibit consistently more accurate extrapolation than their established, human-derived counterparts across all tasks. Through comprehensive analysis, we elucidate why these discovered laws are superior and verify their practical utility in both pretraining and finetuning applications. This work establishes a new paradigm for agentic scientific discovery, showing that AI systems can understand their own scaling behavior, and can contribute novel and practical knowledge back to the research community.

Abdulmecit Nuredin

This study examines the impact of artificial intelligence (AI)-based algorithmic decision-making systems on human rights through a multidimensional legal and empirical approach. Specifically, it evaluates the structural inequalities resulting from algorithmic bias in critical sectors such as criminal justice, social rights, public services, and private sector operations. Through content analysis and comparative case studies, the article investigates a range of international examples— including the COMPAS and PredPol systems in the United States, the SyRI and Ofqual algorithms in Europe, and immigration and welfare tools deployed in countries like Canada and Australia. The article is structured into four main sections. First, it explores how algorithmic systems operate based on biased datasets and the implications of such processes for marginalized social groups. The second section discusses how algorithmic tools have contributed to the reproduction of inequality in public service delivery. The third section analyzes how AI technologies used in education, healthcare, and immigration procedures may yield outcomes that conflict with fundamental human rights. Lastly, the article focuses on digital discrimination in the private sector and the emerging threats to consumer protection and equality. The study argues that algorithmic justice is not merely a technical challenge but also an ethical, legal, and institutional one. In its concluding section, the article proposes holistic solutions such as fair machine learning practices, principles of algorithmic transparency, mandatory ethical impact assessments, and the establishment of independent oversight bodies. The findings underscore the need for a multidisciplinary, normatively grounded, and transparent governance framework to ensure that algorithmic systems are designed and implemented in accordance with international human rights standards.

Folker De Witte, Anna Krisztián, Jaka Kukavica et al.

How do judges engage with foreign case law? While prior research has identified some instances of courts willing to cite foreign judgments, details about the mode of engagement and the motivation of such cross-citations have often been left unexplored. This Article fills these gaps. It presents the results of the coding of a sample of 456 judgments with cross-citations between the private law supreme courts of twenty-eight European countries. Twenty-five variables were coded for each citation: for example, the length of the discussion of foreign case law, whether the court was interested in the result or the reasoning of foreign judgments, and whether the citations occurred within the context of EU law, international law and/or specific areas of the law. This Article presents and contextualizes (i.e., to “decode”) this quantitative information. Amongst others, we find that courts from common law countries more often cite older foreign case law and provide a greater depth of engagement with it than courts from civil law countries, that many of the courts are mainly interested in the result and not the reasoning of foreign judgments, that most cross-citations are driven by reasons of comparative law (and not, for example, EU law or international law), and that cross-citations due to EU law are particularly prevalent in IP law and conflict of laws. More generally, we observe a form of bifurcation of citations across many of the topics analyzed, suggesting a divide, not between common and civil law countries, but between courts from smaller and larger jurisdictions (e.g., with smaller jurisdictions using citations in more traditional areas of law, citing mainly one other court, citing older cases, and more often being interested in the reasoning of foreign judgments).

Giovana de Fátima Baruffi, Eliane M. Octaviano Martins

No presente artigo é proposta a mitigação da presunção de legitimidade e veracidade do ato administrativo sancionador aduaneiro como medida para assegurar direitos e garantias constitucionais do administrado no processo administrativo sancionatório aduaneiro – dentre as quais, a garantia ao devido processo legal. A relativização da presunção de legitimidade e veracidade do ato administrativo sancionador aduaneiro consiste primordialmente no dever da Administração Pública de comprovar a ocorrência do fato imputável em face do administrado como condição para legitimar o ato administrativo sancionatório, sob pena de nulidade. No Estado Democrático de Direito, a penalização aduaneira deve observar a presunção de boa-fé do administrado, o devido processo legal, a verificação da culpabilidade, a individualização e a dosimetria da pena, assim como a proporcionalidade na aplicação de sanções. A mitigação da presunção de veracidade dos atos administrativos sancionatórios aduaneiros constitui medida imprescindível à garantia de segurança jurídica nas operações de comércio exterior, assegurando ao interveniente importador o adequado controle de riscos e condições de previsibilidade e segurança para planejar e investir – o que impacta diretamente no crescimento produtivo e econômico do país.  

Janusz Ginster, Angkana Rüland, Antonio Tribuzio et al.

We study scaling laws for singular perturbation problems associated with a class of two-dimensional martensitic phase transformations and deduce a domain dependence of the scaling law in the singular perturbation parameter. In these settings the respective scaling laws give rise to a selection principle for specific, highly symmetric domain geometries for the associated nucleation microstructure. More precisely, firstly, we prove a general lower bound estimate illustrating that in settings in which the domain and well geometry are incompatible in the sense of the Hadamard-jump condition, then necessarily at least logarithmic losses in the singular perturbation parameter occur in the associated scaling laws. Secondly, for specific phase transformations in two-dimensional settings we prove that this gives rise to a dichotomy involving logarithmic losses in the scaling law for generic domains and optimal linear scaling laws for very specific, highly compatible polygonal domains. In these situations the scaling law thus gives important insight into optimal isoperimetric domains. We discuss both the geometrically linearized and nonlinear settings.

Zhengyang Liang, Hao He, Ceyuan Yang et al.

Diffusion transformers (DiT) have already achieved appealing synthesis and scaling properties in content recreation, e.g., image and video generation. However, scaling laws of DiT are less explored, which usually offer precise predictions regarding optimal model size and data requirements given a specific compute budget. Therefore, experiments across a broad range of compute budgets, from 1e17 to 6e18 FLOPs are conducted to confirm the existence of scaling laws in DiT for the first time. Concretely, the loss of pretraining DiT also follows a power-law relationship with the involved compute. Based on the scaling law, we can not only determine the optimal model size and required data but also accurately predict the text-to-image generation loss given a model with 1B parameters and a compute budget of 1e21 FLOPs. Additionally, we also demonstrate that the trend of pre-training loss matches the generation performances (e.g., FID), even across various datasets, which complements the mapping from compute to synthesis quality and thus provides a predictable benchmark that assesses model performance and data quality at a reduced cost.

Yan Fang, Jingtao Zhan, Qingyao Ai et al.

Scaling up neural models has yielded significant advancements in a wide array of tasks, particularly in language generation. Previous studies have found that the performance of neural models frequently adheres to predictable scaling laws, correlated with factors such as training set size and model size. This insight is invaluable, especially as large-scale experiments grow increasingly resource-intensive. Yet, such scaling law has not been fully explored in dense retrieval due to the discrete nature of retrieval metrics and complex relationships between training data and model sizes in retrieval tasks. In this study, we investigate whether the performance of dense retrieval models follows the scaling law as other neural models. We propose to use contrastive log-likelihood as the evaluation metric and conduct extensive experiments with dense retrieval models implemented with different numbers of parameters and trained with different amounts of annotated data. Results indicate that, under our settings, the performance of dense retrieval models follows a precise power-law scaling related to the model size and the number of annotations. Additionally, we examine scaling with prevalent data augmentation methods to assess the impact of annotation quality, and apply the scaling law to find the best resource allocation strategy under a budget constraint. We believe that these insights will significantly contribute to understanding the scaling effect of dense retrieval models and offer meaningful guidance for future research endeavors.

Aryaman Arora, Dan Jurafsky, Christopher Potts et al.

In-context learning (ICL) is a powerful technique for getting language models to perform complex tasks with no training updates. Prior work has established strong correlations between the number of in-context examples provided and the accuracy of the model's predictions. In this paper, we seek to explain this correlation by showing that ICL approximates a Bayesian learner. This perspective gives rise to a novel Bayesian scaling law for ICL. In experiments with \mbox{GPT-2} models of different sizes, our scaling law matches existing scaling laws in accuracy while also offering interpretable terms for task priors, learning efficiency, and per-example probabilities. To illustrate the analytic power that such interpretable scaling laws provide, we report on controlled synthetic dataset experiments designed to inform real-world studies of safety alignment. In our experimental protocol, we use SFT or DPO to suppress an unwanted existing model capability and then use ICL to try to bring that capability back (many-shot jailbreaking). We then study ICL on real-world instruction-tuned LLMs using capabilities benchmarks as well as a new many-shot jailbreaking dataset. In all cases, Bayesian scaling laws accurately predict the conditions under which ICL will cause suppressed behaviors to reemerge, which sheds light on the ineffectiveness of post-training at increasing LLM safety.

Renato Pezoa Huerta

Exposición presentada por el profesor de Derecho Marítimo, don Renato Pezoa Huerta, en el marco del Congreso Anual Argentino del Instituto Iberoamericano de Derecho Marítimo “Transporte Multimodal y Corredor Bioceánico”, organizado por el Instituto Iberoamericano de Derecho Marítimo; Universidad Nacional de La Rioja; Escuela de Abogadas y Abogados del Estado Gobierno de La Rioja. Argentina, 03 de octubre del año 2022.

Matthias B. Lehmann

Various states have started providing private law frameworks for blockchain transfers and crypto assets. The first acts have been adopted by France and Liechtenstein, while a commission of the British government sees no difficulties in extending property protection under the Common law to crypto assets. In the US, an amendment to the Uniform Commercial Code has been suggested, which has not stopped some States going their own, different way. The aim in all cases is to promote the use of modern distributed ledger technology and enhance investor protection. While these initiatives will increase legal certainty, they differ significantly. This has an important downside: there is a strong risk that the blockchain will be made subject to diverging legal rules. Similar to the world of intermediated securities, various national laws will need to be consulted to determine the rights and privileges of investors. This may increase transaction costs, thwart interoperability and produce thorny conflict-of-laws problems. Markets risk being fragmented into national segments, with an inevitable diminution of their depth and liquidity. As a remedy, this article suggests developing uniform rules for the blockchain. Before national legislators and judges once again divide the world through idiosyncratic rules, the private law of crypto assets should be harmonised to the highest degree possible. Uniform rules should ideally be forged at the global level, by fora like the International Institute for the Unification of Private Law (UNIDROIT), the United Nations Commission on International Trade Law (UNCITRAL), and the Hague Conference on Private International Law. In the absence of world-wide rules, uniformisation of private law should take place at the regional level, for instance by the European Union. The article makes specific suggestions as to how this can be achieved and what the content of those rules should be.

Emmanuel Yenkong Sobseh, Willibroaddze Ngwa

This paper examines the challenges of land tenure insecurity and land conflicts in the Bamenda Grassfields of Cameroon. Colonial and later, postcolonial governments of Cameroon introduced different and most often, conflicting land policies. These divergent land policies, later on, replaced collective ownership of land with private ownership. This paper, focuses on the different causes of land tenure insecurity such as inequality, outside encroachment, and common property challenges. It also tackles the measure causes of land conflicts such as multiple land sales, land scarcity, population growth, poor boundary demarcation, land laws and contested records of land conflicts. Despite these challenges, land tenure security was achieved through customary land, state land and individual titling. However, the case study between Bali Nyonga and Bawock demonstrates efforts by different parties to confront, manage and resolve land dispute. Based on a wide range of primary and secondary sources, this paper argues that, land tenure insecurity and land disputes have benefitted the rich, and fostered social inequalities. The study concludes that, despite the lessons and opportunities for intervention advanced, land tenure insecurity and land conflicts in Cameroon could only be overcome, if the present structures and institutions of land management are modernized and restructured by stakeholders to benefit the majority.

Joao Velloso, Vívian Paes

This special issue is composed by six papers whose first versions were presented at the Oñati workshop Social Control, Judicialization of Social Problems and Governance of Security in Comparative Perspectives held at the IISL in July 2019. They are preceded by this introduction, where we contextualize the development of social control studies, pointing how they were originally framed as criminalization in the Global North and how the new millennium brought us an increasing number of studies discussing both criminalizations (in the plural!) and forms of judicialization and governance operating through regulatory, administrative, civil and hybrid legal regimes. By putting together articles about different contexts and jurisdictions into conversation, we hope to illuminate how legal orders (State-based or not) are mobilized to govern security and social problems, creating more nuanced categories and analytical tools to help thinking and resisting to penalization processes of any kind, anywhere, anytime.

Kim H. Parker

The 1-D theory of flow in the arteries yields an equation for the wave speed in terms of the density of blood and the distensibility of the vessel. By means of this equation there is a duality between the equation for the wave speed and the tube law describing the area of the vessel as a function of pressure. We explore this duality for the equations for wave speed and tube laws that are most commonly used in theoretical arterial hemodynamics. We see that there are qualitative differences between these laws and the experimental data on wave speed in canine arteries measured by Anliker and his colleagues 50 years ago. We suggest an empirical equation for wave speed (and its dual tube law) that fits the experimental data as well as the common expectation that arteries become stiffer as the pressure increases. We conclude with a cautionary historical tale about the differences between the theoretical predictions and the experimental measurements of the speed of sound in air that persisted for more than 200 years.

Azar Masoumi

This paper examines the early years of systematic refugee claim processing in Canada to explore the ways neoliberal bureaucratic practices rely on and (re)produce racialization in their day to day operations. I argue that due to the rise of neoliberalism, systematic refugee protection in Canada has come to exclude claimants who have borne the label of economic migrant. Furthermore, I argue that the exclusion of economic migrants from refugee protection has been a racialized and racializing project. The institutional procedures that worked to exclude these migrants inherited, drew upon, and reproduced racialized knowledges about certain national groupings. Racialization of economic migrants provided the claim processing bureaucracy with quick and efficient means of screening large numbers of claimants out of their workload. Thus, I argue that neoliberal governance of refugee claims in Canada has been a racialized and racializing bureaucratic practice. <br /><br /> El art&iacute;culo examina los primeros a&ntilde;os de proceso sistem&aacute;tico de solicitudes de asilo en Canad&aacute; para explorar la forma en que las pr&aacute;cticas burocr&aacute;ticas neoliberales se apoyan en, y (re)producen, la racializaci&oacute;n en sus actividades cotidianas. Argumento que, debido al auge del neoliberalismo, la protecci&oacute;n sistem&aacute;tica a los refugiados en Canad&aacute; ha terminado excluyendo a solicitantes que llevan la etiqueta de migrantes econ&oacute;micos, y que la exclusi&oacute;n de los migrantes econ&oacute;micos de la protecci&oacute;n a los refugiados ha sido un proyecto racializado y racializante. Los procedimientos institucionales que han servido para excluir a dichos migrantes heredan conocimiento racializado sobre determinados grupos nacionales. La racializaci&oacute;n de los migrantes econ&oacute;micos ha proporcionado a la burocracia de procesamiento de solicitudes unos medios r&aacute;pidos y eficaces de excluir a numerosos solicitantes del sistema. Por tanto, argumento que la gobernanza neoliberal de solicitudes de asilo en Canad&aacute; ha sido una pr&aacute;ctica burocr&aacute;tica racializada y racializante. <br /><br /> <strong>Available from:</strong> <a href="https://doi.org/10.35295/osls.iisl/0000-0000-0000-1047" target="_blank">https://doi.org/10.35295/osls.iisl/0000-0000-0000-1047</a>

John Collins

“Drugs” have been regulated at the international level since 1912, while cannabis has been specifically regulated since 1925. Contemporary local, national, and international cannabis regulations are now diverging, with some jurisdictions legalising its recreational production, sale and consumption. This essay explores the legal and historical complexity and contingencies around the development of international cannabis regulations and prohibitions. It highlights that the global drug control system was not solely focused on prohibition and instead was a complex mix of regulations underpinned by frequently ill-defined and unclear prohibitions. It argues that the international drug control system should not serve as a bar to national-level reforms and that the two can continue to coexist. The essay favors a flexible, functional and pragmatic interpretation and implementation of the system as the most likely and indeed preferred outcome of international cannabis policy reforms.

Dingxin Zhang

Given a Laurent polynomial over a ring flat over \(\mathbb{Z}\), Vlasenko defines a formal group law. We identify this formal group law with a coordinate system of a formal group functor, prove its integrality. When the Hasse--Witt matrix of the Laurent polynomial is invertible, Vlasenko defines a matrix by taking a certain \(p\)-adic limit. We show that this matrix is the Frobenius of the Dieudonné module of this formal group modulo \(p\).