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.

Dr. Haytham Mohammed Jawad Ali Alsahlani

The legal regulation of surrogacy is described as one of the most prominent modern legal issues in private international law, which raises ongoing controversy due to the advancement of reproductive technologies and the problem of conflict of laws arising from the disparity between legal systems. Some countries permit surrogacy contracts within certain controls, while others prohibit them for religious, moral, or social reasons. The problems of disparity arise from foreign elements, such as the difference in the nationality of the parties, the place of conclusion of the contract, or the birth of the child, as well as the effects arising on lineage, nationality, and the recognition of the child's legal rights. In light of the absence of a unified international framework, solutions remain subject to the interpretations of national courts, which reinforces the need for more harmonious international legislative treatments, with the aim of protecting the child's best interests and achieving legal security.

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.

Michael S. Green

S. Litvinova

In the Russian doctrine of private international law (MCHP), disputes about its place in the legal system, the subject, methods of legal regulation, forms of external expression of legal norms, the place of conflict -of -laws norms in the system of normative legal prescriptions, etc. do not subside. It seems that disputes arise on the basis of a methodologically incorrect definition of the nature of conflict- of -laws norms, which constitute the main element of the MCHP. The purpose of the article is to determine the industry affiliation of such conflict- of- laws norms and their place in the system of regulatory legal prescriptions based on the author's interpretation of their nature. The research was conducted using general scientific, private scientific, including special legal methods. The nature was determined on the basis of the establishment of sufficient conditions, the causes of the conflict of laws norms of the Ministry of Emergency Situations. The nature of conflict- of- laws rules was determined by their interaction with such phenomenon as sovereignty. The emergence and establishment of the concept of "state sovereignty" and the affirmation of the principle of sovereign equality of States in international relations are trigger conditions for the emergence of intra-State conflict of laws norms of the Ministry of Emergency Situations. They, in turn, are an instrument of voluntary restriction of the sovereign right of a State to regulate public relations on its territory in favor of foreign law, thereby resolving conflicts of law between different states. Based on this understanding of the nature of conflict-of-laws rules, it is concluded that the conflict-of-laws rules of the Ministry of Emergency Situations are a part of domestic, public, and constitutional law. When determining the place of conflict- of- laws rules in the system of legal norms, it is concluded that they are an independent type of atypical legal regulations. The author's approach claims to form a new theory of the Ministry of Emergency Situations, which, of course, will affect law enforcement practice, in particular, the application of a public policy clause, acceptance of a backlink, recognition of decisions of foreign courts and arbitrations, etc.

I. M. Kutuzov

The article examines the main conflict-of-laws principles and norms enshrined in the national sources of the Arab states that are members of the BRICS. The features of the intra-industry codification of conflict-of-laws rules conducted in Egypt and the United Arab Emirates are highlighted, and the problems of conflict-of-laws regulation of private law relations in Saudi Arabia are indicated. Taking into account the role of Islam in the development of the legal systems of Arab countries, the article notes the influence of Islamic law on the conflict of laws of the Arab BRICS member states. Some positions in the legal doctrine of the Arab countries on the further development of conflict of laws and the codification of its norms were also touched upon.

Mohd. Rafi Riyawi, Muhammad Makruflis

This article explores the conflict of private international law in determining child custody following cross-border divorces, focusing on a case study in Indonesia. In an increasingly globalized world, marriages and divorces often involve parties from different nationalities, leading to legal complexities in custody disputes. The aim of this study is to analyze the challenges that arise in the application of Indonesian law when adjudicating custody rights in cross-border divorce cases, particularly when different legal systems are involved. Using a qualitative research method, this study employs a literature review and library research to examine relevant legal frameworks, including Indonesian domestic laws, international treaties, and comparative legal principles. The findings suggest that while Indonesia has made strides in addressing cross-border custody issues, significant challenges remain due to the lack of comprehensive private international law regulations. Additionally, conflicts arise when attempting to reconcile Indonesian legal principles with international norms, such as those related to the Hague Convention on International Child Abduction. This research contributes to the ongoing discussion on improving legal mechanisms for cross-border custody disputes and emphasizes the importance of harmonizing domestic laws with international legal standards to ensure the best interests of the child are upheld.

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.

Moin Uddin

the type of conflicts, and the covenants ratified by the domestic laws of the specific state. Hence, this study further asserts that domicile can be used universally in all similar situations since there are not many significant variations in the application of each personal connecting factor. In addition, this study points out the strengths and challenges of domicile in conflict of laws and suggests its possible reforms to minimise the complexity of determining domicile. Therefore, it is expected that the findings of this research would contribute to the determination of a precise character of domicile of an individual to facilitate the decision-making process in international justice systems or inter-jurisdictional matters.

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.

John Ungerer

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.

D. Lukianov, Thomas Hoffmann, I. Shumilo

The purpose of the study was to investigate the areas of modernisation of legislation governing private relations of a cross-border nature, proposed by the authors of the draft concept of updating (recodification) of the Civil Code of Ukraine (the CCU), and generalise foreign and international legal experience in developing acts of codification of private international law. The authors of the study considered private international law as a most dynamically developing branch due to the constant expansion of cross-border relations and requirements for constant updating and adaptation to the requirements of international civil turnover. The paper analysed the general factors and prerequisites for the recodification of private international law, comprehensively examined the expediency of abandoning autonomous codification and transferring conflict-of-law rules to the CCU. The study focused on current European experience and assessment of the impact of EU regulations on the national codifications of private international law of member states and third countries. To assess the idea of restoring the status of the CCU as a core act governing all public relations with private law content, the authors of the study addressed the negative consequences of interbranch codification of private international law in a number of post-Soviet countries. The paper proved that European states are dominated by the tendency to adopt consolidated acts of codification in this area and recognise the priority of unified international legal acts governing certain types of cross-border private relations. Based on the analysis, it is justified to conclude that the world has currently accumulated considerable experience in law-making in the area of private international law and the most effective is a comprehensive autonomous codification of conflict-of-laws rules, which is based on the priority of unified international acts and the widespread use of direct references to international agreements. While agreeing in general with the proposed changes regarding the content update of conflict-of-laws regulation, the authors emphasised the need to improve and develop conceptual approaches

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.

Fikile Portia Ndlovu

Any researcher of South African diamond laws would find it inevitable that such research discusses the relationship between international diamond transactions and conflict of laws. This is particularly evident in cases where legal disputes have arisen pertaining to such transactions. This article will make reference to the terms “private international law” and “conflict of laws” interchangeably, although “conflict of laws” will be preferred for reasons of taste rather than logic. The aim of this paper is to illustrate the concept of conflict of laws in general and how it significantly impacts the manner in which courts will ultimately decide on the law to be applied in a matter possibly involving inter alia international diamond transactions. This demonstrates the consistent relevance of conflict of laws particularly in light of the global economy. The correct identification and understanding of conflict of laws’ principles can be stretched to accommodate all other areas of international trade. However, for the purposes of understanding how diamond trade is impacted by conflict of laws in South Africa, this paper will be limited to the legal context of diamond-relevant trade and the latest guidelines provided by our courts in relation to the choice of law in matters where conflict of laws has arisen.

T. Szabados

Abstract Most private international laws do not address cultural property specifically but, instead, apply the general lex rei sitae rule also to artifacts. Legal scholarship has revealed the flaws of the rigid application of the lex rei sitae principle to cultural goods and has proposed alternative connecting factors, such as the lex originis principle, to prevent forum and law shopping in this field. Reacting to the criticisms, some of the more recent private international law codifications have decided on the adoption of specific rules on stolen and illegally exported cultural goods that combine the lex rei sitae and the lex originis rules and provide room for the parties’ autonomy. This article draws the conclusion that these more recent legislative solutions do not necessarily promote legal certainty and predictability with regard to the governing law and are far from being a Holy Grail for the conflict of laws of cultural property, whether on a national level or within the European Union.

Donald McRae