Cross-border Relations Research Articles

Принцип наиболее тесной связи в международном частном праве

Russian scientists attach great importance to one of the fundamental principles of private international law – the principle of the closest connection. The concept of the closest connection was developed in England on the basis of case law, the rules of which were created by judges in court decisions on specific cases. The legislator has included the principle of closest connection to the civil code, however, in light of the changes it made in the reforms of 2013, the closest connection principle was assigned a secondary role in relation to the principle of characteristic performance. The main purpose of the principle of the closest connection is to find the law and order that can most effectively regulate cross-border relations. The court will have to determine the will of the parties to the contractual relationship, aimed at choosing the right. Therefore, a close relationship is established based on the court’s assumption of what right the parties would have chosen if they had considered this issue. The principle of the closest connection, in connection with this approach, often loses its independent significance. Article 1187 of the civil code of the Russian Federation does not specify the conditions of its application, as well as the scope of its action. For this reason, the category of closest relationship is universal and applies regardless of the nature of the cross-border civil relationship. Russian legislation does not have clear criteria for determining the closest relationship, which may lead to a subjective decision by the court. In this regard, the study of problems related to the application of the principle of the closest connection in judicial practice is undoubtedly relevant.

Postcards from the Chihuahua Border: Revisiting a Pictorial Past, 1900s–1950s by Daniel D. Arreola

Reviewed by: Postcards from the Chihuahua Border: Revisiting a Pictorial Past, 1900s–1950s by Daniel D. Arreola Lauren Judge Postcards from the Chihuahua Border: Revisiting a Pictorial Past, 1900s–1950s. Daniel D. Arreola. Tucson: University of Arizona Press, 2019. Pp. xx+338, color illustrations and maps, notes, index. $45.00, hardcover, ISBN 978-0-8165-3995-6. The US-Mexico border as we know it today is an increasingly militarized and impermeable geographic boundary. As the current border wall becomes a more extremist reality, one fears for the environment and the cultures being erased in its path. Thankfully, scholars like Daniel D. Arreola are working to facilitate visual experiences that can bring light in a time of darkness. Postcards from the Chihuahua Border recreates a historical border landscape as it formed through economic cooperation, mutual respect, and inclusivity. Using his own postcard collection, which took twenty-five years to amass, Arreola recounts the past of three places (Ciudad Juárez, Ojinaga, and Palomas) located on the Chihuahua border, a region shared between Mexico, New Mexico, and Texas. The "Arreola Collection" includes 1,374 individual postcards about the Chihuahua border, with the majority featuring Ciudad Juárez. These postcards are more than simple illustrative accompaniments. They are primary sources that enable us to see the past as a visual evolution of the Chihuahua border from 1900 to the 1950s. The postcards also provide perspectives on the effects of three key events that helped shape the urban landscape after the international border was established in 1848, namely, the Mexican Revolution (1910–1920), US Prohibition, and the post–World War II economic boom. The book is organized into four parts. Part I establishes the author's purpose "to cast a new eye on an old subject and bring light to a way of seeing the border that has been overlooked" (3). The reader is introduced to the photographers involved in postcard production and their role in representing the border to America during significant events like the Mexican Revolution. Part II reveals more about Ciudad Juárez as a principal hub for cross-border relations. Over the course of six chapters, the author discusses how travel from and through El Paso helped shape Ciudad Juárez, as there were economic benefits from its promotion on both sides of the border. Border crossing and modes of transportation impacted the evolution of the streetscapes in the Mexican hub. Mobility was improved, rather than restricted, as two border cities embraced a future by building each other up through marketing, amenities, and [End Page 136] transit. "During this era, the two border cities may have been closer to complete interdependence than at any time in their nearly century-long relationship" (81). The author effectively portrays how powerful tourism was in building cross-border relationships in the first half of the twentieth century. Many of the postcards featured popular venues in Ciudad Juárez, as the city was the first taste of Mexico for many US visitors. The city's identity developed as visitors consumed its curios, bars, cafés, and cabarets, made even more popular during the time of US Prohibition. A briefer Part III explores Chihuahua's other border towns (Ojinaga and Palomas) and provides a similar survey of themes, affirming this border experience was truly a regional phenomenon and not exclusive to Ciudad Juárez. Part IV is a short conclusion where the author reiterates the most visible concepts in previous sections, as well as the role of postcards, and the density of images from the past, in shaping our understandings of place. For readers interested in the critical visualities of border dynamics, there are some key areas worthy of mention. The serial views of streetscape development curated by the author, like the "16 de Septiembre Time-Series Views" (90–111), take the reader through an evolving economy and culture while also expressing the persistence of landscape. Architecture may have been strategic subject matter for postcard producers and consumers as colonization was followed by capitalism. Buildings, like customs houses, "defined and continued to be emblematic of an architectural authoritative past. They were also captured as images in postcards, thereby perpetuating their importance to visitors as well...

The legal phenomenon of lex sportiva in the international sports law

The development of sports law is directly related to the nature of sports, whose legal relations must have uniformity and stability, achieved through regulation by special rules created by international and national sports organizations – lex sportiva. This paper is devoted to lex sportiva as one of the most important tools for regulating cross-border relations in the field of sports. The author examines the origin and legal nature of lex sportiva as well as its impact on national legislation in the field of sports. Moreover, the author elaborates on possible meanings of this notion: lex sportiva as a set of rules of self-regulation, as a set of decisions of the Court of Arbitration for Sport, as a legal principle, as a phenomenon of implementation, and as a criterion for determining the amount of compensation. The author discusses the use of lex sportiva by the Court of Arbitration for Sport in the context of dispute resolution, since this court has formed an extensive judicial practice throughout its existence, which, together with the rules of national and international sports organizations, forms an important part of lex sportiva. In this regard, the author draws parallels with the related source of cross-border law – lex mercatoria, and also considers situations in which there are conflicts between lex sportiva and the norms of international law and rules of national legislation. In the field of sports, such legal conflicts are resolved by the principle of lex specialis derogat legi generali, according to which the rules of lex sportiva prevail over national law, providing a principle for the autonomy of sports. The first mention of the recognition of this principle is contained in the sources of law of the European Union. Finally, the author comes to the conclusion that the generally recognized two-dimensional understanding of lex sportiva as a doctrine and as a set of norms of self-regulation in sports is outdated, since it does not fully reveal the essence of the legal phenomenon, since it does not reflect all its properties which are manifested in the situations of legal regulation of relationships in the sports field. The exclusive role of lex sportiva is predicted to resolve international legal and organizational conflicts in the field of sports caused by the COVID-19 pandemic.

Legal protection of cross-border use of intellectual property

The paper analyzes the issues of legal regulation of cross-border use of intellectual property on the example of the Eurasian Economic Union. Among the key problems of cross-border use of intellectual property within the Eurasian Economic Union (EEU) is the need to create a unified system of registration of trademarks and service marks and elimination of double registration of trademarks, establishment of common approaches to the problem of admissibility of “parallel imports” within the EEU, and the creation of an effective patent system. The authors conclude that the development of legal regulation of the use of intellectual property in cross-border relations will follow the path of adoption of normative acts within the framework of regional unions of states, taking into account the specifics of their economic and social development, as well as the way of improvement of national legislation, taking into account the position of states on this issue.

THE FEATURES OF THE INTERNATIONAL LEGAL REGULATION OF OBLIGATIONS ARISING FROM UNFAIR COMPETITION

The paper draws attention to the peculiarities of the regulation of obligations arising as a result of unfair competition within the framework of international legal documents. The authors emphasize the fact that, unlike other types of non-contractual cross-border relations, obligations arising from unfair competition often have a public character. According to the authors, this particular feature is the determining factor in the conflict of law and substantive regulation of these obligations.The paper notes that the formation and development of the conflict of law and substantive regulation of obligations in relation to the unfair competition were significantly influenced by the norms of international treaties. In particular, they include the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-related Aspects of Intellectual Property Rights, and Regulation (EU) No 864/2007 of the European Parliament and the Council dated July 11, 2007.“On the law to be applied to non-contractual obligations” (“Rome II”). Nonetheless, a reasonable conclusion is that the international legal instruments governing the obligations that have arisen as a result of unfair competition include substantive law, aimed at preventing unfair competition. As a rule, these are norms aimed at finding particular ways to solve the problem of conflict of obligations arising as a result of unfair competition.

TRANSFORMATION OF THE BASIC PRINCIPLES OF INDUSTRIAL PROPERTY PROTECTION IN CROSS-BORDER RELATIONS IN THE PRESENT-DAY CONDITIONS

The author has investigated the basic principles of industrial property protection in their dynamic development in cross-border relations. The author elucidates the territorial principle of industrial property protection in the context of the necessity to overcome it. It is noted that in most industrial property cases the principle of territoriality (territorial independence of protection in respect of objects of industrial property) is more often used as compared with copyright cases.In fact, States create certain conditions for overcoming the (partial) territorial principle of protection when, at the international level, international protection mechanisms are being developed to protect industrial property. The creation of such mechanisms obliges the States to recognize declaratory documents (international applications) and single sign-ons (international registrations), to provide protection to the facility that has been granted protection abroad (e.g. in the case of appellation of origin or geographical indication registered in the country of origin). Indeed, such an overcoming is conditional, but it always reflects the interests of applicants and rights holders and seems to be extremely important in the modern context of globalization, expanding markets and cross-border technology exchange.At the same time, at the current stage of development of the system of the legal regulation of industrial property in cross-border relations, the principle of national treatment on the basis of unified action of international mechanisms applied for the industrial property protection has been partly transformed into the principle of the international treatment extending the common rules for establishing rights to industrial property on actors from a large number of countries.It would be possible to speak about overcoming the territorial principle of protection if the fundamental principle of protection of industrial property — the principle of national treatment — were transformed into the principle of international treatment.The author highlights an important character of the principle of conventional priority and the need for its extension to other objects of industrial property except for those in respect of which priority is not inherently possible (appellations of origin, geographical indications, indications of origin). The problem of implementation of the principle of exhibition priority has been explored separately.

POTENTIAL UNIFICATION IN THE FIELD OF CROSS-BORDER CONTRACTUAL RELATIONS IN THE BRICS COUNTRIES

The article is devoted to the peculiarities of regulation of cross-border contractual relations that are being developed within the BRICS countries in compliance with universal international treaties. The author has outlined the prospects and problems with which traders from BRICS countries are facing when concluding contracts. International treaties, which contain, above all, uniform substantive rules, play a great role in concluding cross-border contracts. However, all the BRICS countries are member-states to very few treaties. The author of the article has revealed that such conventions still exist, although not only in the contractual field. The article pays special attention to the peculiarities of application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, the Cape Town Convention on International Interests in Mobile Equipment of 2001 and, indeed, the Vienna Convention on Contracts for the International Sale of Goods of 1980 (although only three BRICS countries are involved, it can also be applied to India and South Africa).

LEX MERCATORIA AND LEX SPORTIVA: PECULIARITIES, SIMILARITIES AND DIFFERENCES

International law rules with regard to the regulation of sports activities at the universal and regional levels developed by states and international intergovernmental organizations have formed a set of norms ensuring international cooperation in the field of sport, namely, international sports law.What is the nature of the set of rules governing cross-border relations in the field of sport? They are mainly the result of rule-making carried out by the International Olympic Committee (the IOC) and the international Olympic Sports Federations. The article analyzes the approaches proposed by Western authors and applicable to the solution of the issue under consideration, elucidates the main provisions of the concepts of unified law governing relations between groups proposed by Georges Scelle, transnational law proposed by Phillip C. Jessup, and true international law proposed by C. Vedder.However, the best explanation for the interaction between national sports associations and international nongovernmental organizations of the Olympic Movement is provided by lex sportiva. Lex sportiva is similar to lex mercatoria that is used to regulate international trade. Both complexes have such properties as normativeness, non-systematicity, autonomy in the regulation and resolution of disputes. However, lex sportiva is characterized by a greater degree of institutionalization than lex mercatoria. There are two factors that contribute hereto: a pyramidal structure of the Olympic movement and activities of the Court of Arbitration for Sport (CAS) in Lausanne that was founded in 1983 at the IOC initiative. A greater degree of institutionalization of lex sportiva provides the right method for selection of norms and contributes to a stronger regulatory order in the field of Olympic sport.At the present stage, there is a tendency whereby the law created by States perceives useful designs that have arisen in non-legal regulatory complexes giving them legal effect. Therefore, modern lawyers should familiarize themselves with the content of the norms and rules emerging in non-legal complexes in areas of their concern in order to foresee what impact such norms can have on the development of the legal norms in the near future.

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

The Eritrea-Ethiopia Border Region (1991-98): People without a Border

Abstract This article examines the topic of border crossings in terms of its everyday dimension in the light of the secession of Eritrea from Ethiopia in 1991. It focuses on interactions among the people who live on either side of the border. It seeks to understand how the transformation of the form and function of the border as a result of changes in the political landscape between the two countries has been experienced, defined, and understood by the inhabitants of the borderland in their everyday lives. The article is mediated through individual stories, in-depth interviews, ethnographic observation, media sources, and archival materials gathered from local and national archival centers in Eritrea during the summer of 2017. The findings reveal that the reactivation of the Eritrean-Ethiopian border had no effect not only on the preexisting social, cultural, and religious homogeneity among the people living across it, but also on everyday cross-border experiences and relations, and that the border and identity lines remained fluid and invisible. The border reconfiguration had brought only an enormous positive economic impact on the local people’s lives because of their distinctive geopolitical advantages.

Law as the Basis of Infrastructure Support of the Digital Economy and Technology of the Internet of Things

The introductory article of the editor-in-chief traditionally serves as a prologue to the theme of the next issue of the journal, which in this issue is designated as “The Legal Regulation of the Digital Economy in the Russian Federation: Difficulties and Prospects of the Sectoral Development”. The author substantiates the relevance of the chosen topic and connects it, first of all, with the comprehensive processes of socio-economic transformation of the Russian state, its innovative development, informatization of society, digitalization of the national economy and electronics, both domestic and cross-border relations of business structures and each individual. It is noted that the transition to the electronic economy requires the systematic and purposeful rethinking of the models of existing social relations in various spheres of social life – economic, political, cultural and others, in order to form the legal regulation system that adequately reflects the changed conditions of civil circulation when using information and communication technologies. The theoretical and practical problems of the digital economy development as well as the factors which predetermined them are listed. The main socio-economic transformations, the development of which is due to the digital transformation of society and which influenced the choice of the research presented in the main theme of the issue in the light of the identified priorities of the legal support of the studied processes, are called. A brief review of the scientific papers under the heading “the main theme of the issue” is made; the reader’s attention is focused on the main results obtained by the authors.

SEVERAL FACTORS AFFECT THE INCOME OF HOA RURAL HOUSEHOLDS IN LUC NGAN DISTRICT, BAC GIANG PROVINCE

The Hoa people are often given more attention because of their success in the fields of commerce and services, especially in developed economies, which have gradually become solid financial solidarity. This paper aims to understand the factors affecting the income of Hoa rural households in Luc Ngan district, Bac Giang province - a locality with a total GDP of US $1,540 in 2015. The analysis was collected in 2018 by the author through a questionnaire survey of 250 Hoa rural households in Luc Ngan district, Bac Giang province, Vietnam. The data after processing by linear regression model shows that the income of the Hoa people is affected by the area of perennial fruit land, income from part-time jobs and the influence of cross-border ethnic relations.

The Transformation of Economic Development in the Border Regions of Russia and Kazakhstan in the Post-Soviet Period

The prospects and trends for the development of border regions of the former Soviet Union have become one of the profound research areas in the field of economic geography recently. In the conditions of planned economy in the Republics of the USSR, a vertical system of industrial complexes was formed, with the focus on performing national economic tasks. There have been some significant changes in the border regions of independent post-Soviet States in the process of transition to the market economy model. The analysis of the industrial and territorial structure is done on the example of Russia and Kazakhstan. The formation of a common market on the basis of the Eurasian Economic Union allowed the border regions to make the most of their competitive advantage in attracting investments. The unique geographical particularity of the research object is manifested in the fact that there are no analogues of the longest land border in the world as between Russia and Kazakhstan. The new forms of production organisation are implemented in the border regions of the studied countries over more than 7,000 km. More than a quarter of a century later, transformation processes are clearly observed in the mining and manufacturing industries, agriculture, transport and services. As a result, the “regional asymmetry” of industrial development can be observed when manufacturing regions with high added value become the “cores” of economic development of cross-border relations between Russia and Kazakhstan.

‘It’s not just the economy, stupid !’ Brexit, the Good Friday Agreement and the Irish border conundrum

The aim of this paper is to show that to find a solution to the Irish border issue resulting from Brexit, one has to go further than simply looking at the commercial, social and economic threats Brexit poses in Northern Ireland and in cross-border relations between Ireland and Northern Ireland. The current Irish Border problem is fundamentally political and constitutional rather than socio-economic. Yet, as a political and constitutional question, the ongoing Irish Border problem is not just a consequence of Brexit. It is first and foremost the result of the unfinished nature of the Belfast/Good Friday Agreement (GFA). In the two decades that have passed since the Agreement, no real solution has been found to the Irish Border question, which had been the crux of the conflict between Irish nationalism and unionism since the very creation of Northern Ireland in 1920. Hence, if the prospect of Brexit, soft or hard, raises such a complex Irish Border problem, it is not simply because of its economic and commercial impacts : it is also due to the political and constitutional weaknesses of the GFA itself. One of the major weaknesses lies in the consociational institutions established in Northern Ireland in 1998, which, instead of building cross-community confidence and consensus, have embedded and reinforced sectarian polarisation in Northern Ireland. The second weakness lies in the incomplete constitutional definition of the roles of Dublin and London as neutral co-sovereign guarantor states of the GFA.

THE MANDATORY USE OF NATIONAL LANGUAGE IN INDONESIA AND BELGIUM: AN OBSTACLE TO INTERNATIONAL CONTRACTING?

Law Number 24 of 2009 on National Flag, Language, Emblem, and Anthem of Indonesia requires that any contract involving an Indonesian party must be drafted in Indonesian. In applying this law, the Supreme Court of the Republic of Indonesia, in Nine AM v. PT Bangun Karya Pratama Lestari judgment, annulled a loan agreement because it was considered to violate the language requirement. Although claiming to strengthen the use of Indonesian language in a contract, this judgment underscores a potential risk of voidance a foreign party face in entering into an agreement drafted in a foreign language when contracting with an Indonesian counterparty. On the other side of the hemisphere, the Court of Justice of the European Union in Anton Las v. PSA Antwerp NV and New Valmar BVBA v. Global Pharmacies Partner Health Srl drew the public attention to the obligation to use Dutch in employment contract and company documents as imposed in the Dutch-speaking region of Belgium. Despite Indonesia and Belgium being geographically far from each other, the abovementioned judgments underline the phenomenon that national language still plays an important role in influencing cross-border legal relations. This article seeks to explore the legal impacts of the obligation to use national language in contracts has on freedom of parties to contracting. It further argues that this obligation impedes international contracting.

The Format of the Result of Intellectual Activity as an Emerging Object of Intellectual Rights

The article investigates the tendency of “formatization” of the results of intellectual activity that is also taking place in cross-border private law relations. On the basis of the analysis of foreign and Russian legal doctrines, jurisprudence and case law, the author comes to the conclusion about the independence of the format as a result of intellectual activity and about the possibility of using formats not only for audiovisual works, but also for some other categories of intellectual property regardless of protectability of the latter as objects of intellectual property rights. Taking into account the above, the author proposes a definition of the concept “format of the result of intellectual activity” that is generic in relation to the concept of “format of an audiovisual work”. The author substantiates the system of concepts included in the scope of the generic concept “format of the result of intellectual activity.” The conclusion is made that the concept of the format of the result of intellectual activity has a significant potential for development as an independent object of intellectual property.

Two decades of Bedouin resistance and survival under Israeli military rule, 1948–1967

Using archival data and newspaper collections from Britain and Israel, and extensive fieldwork interviews in the Naqab, this article breaks new ground through a critical examination of the Bedouin and their way of surviving and resisting Israeli military rule, 1948–1967. I argue that creative nonviolent resistance, everyday resistance and sumud (steadfastness and resilience), succeeded in modifying and mitigating the military rule strategies deployed by the state to control the Arab Bedouin, opening up the possibility of further political action and communal protection. By employing sumud as everyday resistance, the Bedouin improved their livelihood, strengthened one another and helped consolidate sumud, to the point where sumud became part of their culture and way of life during the military rule. Everyday sumud strategies were through border economy and contact with their relatives across the border, which utilized the strong relationships between tribes. Smuggling goods was a central form of economic survival and sumud. Everyday resistance and nonviolent actions succeeded in marginalizing military rules, restrictions, and power, allowing the Bedouin to gain immediate benefits including many of their daily needs. The Bedouin maintained their cross-border relations and continued to resist cooperation with the Israeli military rule. Hosting their fellow refugees was a daily act of sumud by the Bedouin despite the imposition of new state borders. The Bedouin also found different avenues to claim their dispossessed properties, and continued to resist Israeli confiscation of their land. They lodged land claims through every level of military rule, responding to different Israeli forms of power and the effect of domination.

The Concept of Transnational Consumer Law in the Modern World

The article is devoted to the analysis of changes that have taken place in the regulation of cross-border contractual relations with the participation of consumers in connection with the development of information and telecommunication technologies and e-commerce. The author examines the concept of «transnational online contract» and the influence of a «digital element» on the characteristics of contractual relations. Also, the paper provides for the classification of online contracts with due regard to: 1) the subject matter of the online contract; 2) characteristics of the parties involved in the online contractual relationship; 3) the process of concluding and executing the online contract.Attention is drawn to the fact that new methods of conclusion of contracts has predetermined the emergence of new approaches to qualification of certain aspects of contractual relations between the parties, in particular, it concerns determining the moment of contract conclusion, distinguishing between offer and invitation to offer in online interaction, assessing the validity of online contracts and dispute resolution mechanisms online.The article analyzes the impact of globalization of trade on consumer markets, mechanisms of regulation of transnational consumer relations in the context of e-commerce. It is noted that globalization of trade has pointed to the need to develop a transnational approach to the regulation of e-commerce, to unify and harmonize relevant legal instruments. The author examines the steps taken in this direction within the framework of UNCITRAL, the EU, by the representatives of American business. It is concluded that the US policy concerning consumer protection is aimed at implementation of economic interests of business, which promotes competition and commercial prosperity in the market, but at the same time puts consumers at risk when concluding online contracts. This approach runs counter to the EU policies that promote implementation of social regulation in order to maximize consumer protection.The authors consider Lex mercatoria as a separate source of transnational consumer law.

Territory as a Feature of the State in Terms of Modern Public Relations Development

The rapid development of social relations is currently leading to the transformation of many traditional legal tenets. Thus, public relations appear in the virtual space, cities can play a more significant role than the nation-state itself, and the design of the construction is often more expensive than the process of construction. These and many other things bring about the circumstances when the state, having its sovereignty, does not primarily take into account its territory to protect its own interests, as well as the emergence of new legal relations occurs without the usual binding to the territory. The purpose of this study is to assess the viability of the territory as one of the key characteristics of the state, taking into account the transformation of social relations under the modern conditions. The research attempts to understand the territory as a feature of the state with the latest trends in the development of social relations. To achieve this goal, modern scientific literature on the issue was analyzed to provide the assessment of the experience of new territory formation establishing new public relations and virtual space. It also provides an analysis of cross-border relations, carried out by both individuals and large commercial organizations. In order to develop an adequate legal doctrine, the methods of implementing the organizational and commercial activities of some organizations were investigated.

PRIVATE INTERNATIONAL LAW IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES

The process of globalization, the development of information and communication technologies, networking are changing society dramatically and, as a result, its superstructure — law. International private law, by virtue of its own subject matter and special methodology, is at the forefront of the corresponding changes. The paper examines the problems of defining the concept of territorial sovereignty in the non-territorial information space that are of serious importance in relation to private international law. Its principles are the general principle of the sovereign equality of states, acting as a general principle for private international law, and a special principle of the sovereign equality of national law of states. The problem of the realization of the territorial nature of the conflict of attachment formulas and the grounds of international jurisdiction in relation to a certain segment of the extra-territorial information space is posed. The issue of conditionality of the adaptation of the principles and methodology of legal regulation of public relations in the conditions of digital technologies by the need to understand the conditions and boundaries of the implementation of sovereignty, the jurisdiction of the state in the information and communication space is investigated. The processes comprehended within the framework of the science of international private law are to some extent relevant for other branches of law. This paper analyzes such indicators of current changes in the legal paradigm as the impact of information and telecommunication technologies on the development of private international law, the place and increasing importance of non-state regulation in the process of streamlining cross-border private law relations, and the development of non-state systems for resolving cross-border disputes. The authors touch upon the problems of the use of blockchain technologies and the protection of intellectual property in cross-border private law relations; private adhocracy rulemaking, the formation of various social phenomena in the key lex mercatoria, the influence of international commercial arbitration, online platforms on the formation of current trends in the field of resolution of crossborder disputes, etc.