Law Issues Research Articles

Examining Article 36 of the United Nations Charter, the judicial responsibility of the International Court of Justice in settling disputes between countries in international lawsuits

Field and Aims: This article focuses on Article 36 of the UN Charter and examines the jurisdiction and responsibilities of the International Court of Justice (ICJ) in resolving disputes. The aim Is to strengthen the resolution of International disputes and enhance the role of the ICJ in the United Nations. Method: This research uses the normative legal research method to analyze the provisions and cases through qualitative analysis of documentary data and library materials. Finding and Conclusion: findings indicate that the International Court of Justice has jurisdiction over cases referred to it and matters specified in the UN Charter and relevant treaties. The jurisdiction of the ICJ includes treaty interpretation, dealing with issues of international law, determining breaches, and awarding reparations. The court's decisions are binding and require compliance by states. Article 36 leads to declaratory judgments, compensation, and restitution in integrum. However, the jurisdiction of the ICJ is limited and relies on the consent of states for effectiveness.

International Law Issues and Countermeasures of Refugee Protection

On January 17, 2022, the Russia-Ukraine war broke out, and on October 11, 2023, a new round of Israeli-Palestinian conflict broke out. In the context of the continued escalation of the Russia-Ukraine conflict and the renewed Israeli-Palestinian conflict, the international community is facing an increasingly severe problem of illegal immigration and refugees. At present, scholars at home and abroad have made a lot of achievements in the research of the world refugee problem in the areas of the concept of refugees, causes, responses to refugee problems, and solutions. However, domestic academic circles have done more research on regional or national refugee issues, such as European refugees, North African refugees, Syrian refugees, etc., and the research on the world refugee issue from a global perspective is relatively weak. This article is to study the refugee protection issue from the international legal level it is to discuss refugee protection from the global perspective.

Shell and the Climate Case: Is the Shell Group the “Cheapest Cost Avoider”?

AbstractThe Hague District Court in the Netherlands faced a novel tort law issue in 2021 in Milieudefensie et al v Royal Dutch Shell plc – namely, whether Shell is liable in tort for the reduction costs of carbon dioxide produced in the end use of energy-carrying Shell products. The civil lawsuit aims to make Shell (re)search for adequate substitutes so as to enable Shell’s customers to reduce their consumption of energy-carrying Shell products. It is argued here that Shell’s liability should be assessed within Guido Calabresi’s “cheapest cost avoider” framework.

청정수소 인증제에 대한 통상법적 고찰

A clean hydrogen certification scheme can be designed in the form of mandatory technical regulations or voluntary standards, and it is very important by what criteria clean hydrogen will be classified. The technical regulations and standards of the TBT agreement include those for PPMs, and it has been debated whether NPR-PPMs that are not directly related to the final product, such as a clean hydrogen certification scheme, can be included. In particular, in the case of technical regulations that include labeling requirements, such as Korea’s clean hydrogen certification scheme, it can be even more problematic to what extent NPR-PPMs will be applied.
 Based on the premise that the scope of the TBT agreement can include NPR-PPMs, the issues of international trade law that may arise from the clean hydrogen certification scheme were examined, focusing on the TBT agreement. First of all, the clean hydrogen certification schemes introduced by the central government of WTO member states are likely to be recognized as a ‘technical regulation’ due to its mandatory nature. In addition, inspection, tests and samplings conducted to satisfy the requirements of the technical regulation of the clean hydrogen certification scheme can be evaluated as a ‘conformity assessment procedure’. Even in the case of voluntary ‘standard’, there is also a clean hydrogen certification scheme created by non-governmental standardizing bodies in each country. Therefore, the implications of the clean hydrogen certification scheme as a technical regulation or standard and the related conformity assessment procedure in the TBT agreement were examined.

International Law Issues Concerning Marine Environment Protection in the Arctic

INTRODUCTION. The Arctic is a unique marine and terrestrial ecosystem. However, the Arctic region is currently experiencing enormous environmental stress. This is due to the following factors. The first factor is the ongoing climate change on the planet as a whole, which is most clearly seen in the Arctic. Researchers claim that some species of flora and fauna are threatened with extinction. For example, the polar bear, the largest specie in the Arctic trophic chain, is currently experiencing great difficulties in finding food due to the abundant melting of glaciers and, as a result, the reduction of its habitat. Global warming is also causing changes in habitats and migration routes not only for Arctic species, but also for other species that have never climbed so high to the north. Nowadays, local fishermen sometimes catch species of fish that have never been seen in Arctic waters before. Cases of Pacific salmon entering the Atlantic Ocean through the Arctic seas have also been recorded. There is another problem related to the climate factor. For many years, a huge amount of toxic waste has been stored in the Arctic coastal areas. Due to the melting of permafrost, pollutants enter the marine ecosystem, accumulate in marine biota and as a result end up on our table. The second factor is the increased anthropogenic impact due to both climate change and the Arctic political strategies of several states at once. The development of the Northern Sea Route (NSR), the increase in the intensity of navigation, exploration and extraction of natural resources, construction of infrastructure facilities and other human activities have a negative impact on the environment. The Arctic ecosystem is facing an increase in production and consumption waste [Kallenborn, Brorstrom-Lunden, Reiersen, Wilson 2018:33001; Jaskolski, Pawlowski, Strzelecki, Zagorski, Lane 2018:2011], noise [Quijano, Hannay, Austin 2019:1228; Stevenson, Davies, Huntington, Sheard 2019:83; Kyhn, Sveegaard, Tougaard 2014:424], light [Ludvigsen, Berge, Geoffroy, Cohen, De La Torre, Nornes, Singh, Sorensen, Daase, Johnsen 2018; Bennie, Duffy, Davies, Correa-Cano, Gaston 2015:2715], vibration, temperature, chemical and biological pollution. The risk of man-made accidents and catastrophes increases, which can lead to even more dangerous consequences.MATERIALS AND METHODS. We have studied and analyzed international agreements and other documents on the protection of the Arctic marine environment. The texts of these documents were taken for analysis on the official pages on the Internet. Such resources include, for example, the official website of the United Nations Organization (UN), the International Maritime Organization (IMO), etc. Work with Russian legal acts included access to such portals as the official website of the Government of the Russian Federation, the Administration of the Northern Sea Route, the ConsultantPlus Legal Reference System, etc. The international documents were divided into groups, which are presented in a separate table. This made it possible to structure the work, avoid long lists in the text and focus on the most important aspects of the topic under consideration. The research is also based on published works of experts in the field of International law, law of the sea, environmental law, political science, environmental science and other fields of knowledge. Web of Science (webofknowledge. com), Russian scientific electronic library (elibrary. ru), Researchgate (researchgate.net) and other systems became the resources for working with literature. The author also studied law enforcement practice, trends in the development of scientific research in the region, as well as some political processes that are somehow related to the modern legal regulation of marine environment protection in the Arctic. The term “Arctic states” is used in this article as it is given in the [Vylegzhanin 2013]. The term “coastal States” is used in this article as it is given in the 1982 UN Convention on the Law of the Sea.RESEARCH RESULTS. As a result of ongoing climate changes on the planet, as well as due to increased anthropogenic pressure on the region, the fragile ecosystem of the Arctic is currently subject to various types of pollution (noise, vibration, light, radioactive, various types of waste, etc.) and degradation. Both scientists and politicians pay attention to this. We have analyzed the existing international and national norms, regulating relations for the protection of the Arctic marine environment. For these purposes, international documents, depending on the range of regulated issues, were divided into five groups: 1) general; 2) special; 3) agreements regulating liability and compensation issues; 4) environmental agreements that indirectly regulate the protection of the marine environment; 5) Arctic documents. It is determined that the 1982 UN Convention on the Law of the Sea (hereinaſter referred to as the Convention of 1982) is one of the main “general” agreements, which not only establishes the obligations of participating countries to protect the marine environment, but also provides coastal states with special environmental requirements in ice–covered areas, including the Arctic Ocean. In this regard, the Russian Federation has undertaken an obligation to regulate navigation in the waters of the Northern Sea Route (hereinaſter – the NSR) for the purposes of environmental protection and prevention of pollution from ships.The issue of the need to develop and sign a separate agreement on the Arctic was also considered by the author, and the conclusion was formulated that there is no need and objective possibility of implementing such an initiative, especially in the current political situation in the world. The author notes that all specialized international Arctic documents have an ecocentric focus, which meets the intentions of the Arctic states, including Russia, to continue the development and development of Arctic territories and waters with mandatory compliance with modern environmental requirements. In this regard, the development of scientific research in the Arctic and the improvement of the best existing environmental technologies are of particular importance. The 2017 Agreement on Strengthening International Arctic Scientific Cooperation is designed to promote the development of joint research and information exchange. However, in light of the suspension of scientific and technical cooperation between the Russian Federation and other Arctic states, we cannot consider its effectiveness today.DISCUSSSION AND CONCLUSIONS. There is a large number of documents regulating the protection of the Arctic marine environment, which have been developed at the international level. The Arctic ecosystem needs special protection because of its vulnerability. The ongoing climate change and melting of glaciers have led to an increase in anthropogenic pressure on the region. At the same time, it is known that any human activity has a negative impact on the state of the environment. Despite the existence of a large number of international and national documents on the protection of the Arctic marine environment, many issues have not yet been resolved. Today we face the need to fill in the existing gaps. However, the development of regulatory documents should be based on the results of scientific research in various fields of knowledge. This will ensure the validity of the decisions made. The Arctic is subject to international regulation, and the fragile Arctic environment is also protected internationally. The Arctic region differs from the Antarctic: the Antarctic Treaty effectively freezes territorial claims to the South Pole and allows states to protect the environment. The land part of the Arctic belongs to eight Arctic states. Therefore, international cooperation in the Arctic region faces many challenges, and the norms of nternational law, such as the 1982 UN Convention on the Law of the Sea, are necessary to resolve emerging disputes.

Peculiarities of resolving conflicting issues of labor relations in modern conditions

The article deals with issues related to the legal settlement of conflict of laws issues in the field of labor relations in modern conditions, where migration processes are of great importance. The authors examine and analyze in detail the main types of conflict bindings, and also examine in what specific cases they can be applied. During the study, special attention is paid to the presence of gaps in Russian legislation in this area. An analysis of problematic issues and prospects for further development of the considered sphere of legal relations is carried out, and ways to solve problems associated with the regulation of labor relations in which there is a foreign element are proposed.

SPECIFIC ASPECTS OF THE LEGAL AND REGULATORY FRAMEWORK FOR CYBERSECURITY IN DIFFERENT COUNTRIES OF THE WORLD IN THE CONTEXT OF THE INTERNATIONAL SECURITY SYSTEM

Cybersecurity is emerging as a critical issue in contemporary international law, with significant implications for the security of nations. The use of information and communication technologies poses potential threats to various aspects of societal and state functioning, prompting the international community to explore the establishment of a comprehensive legal framework for cooperative efforts in the area of cybersecurity. 
 The article describes the evolution of regulatory and legal mechanisms dedicated to securing cyberspace. The narrative emphasises that the establishment of rules governing activities in cyberspace requires careful consideration of cybersecurity, the protection of personal data, and the fight against cybercrime and cyberterrorism.
 Looking to the future, the analysis of international legislation identifies areas for improvement in the area of cyberspace security under current conditions.

Identifying the Legitimacy of the Taliban Government and the Resurrection of Peace in Afghanistan

A government’s legality and its recognition need to be tested through the lenses of international law where the government changes through unconstitutional measures. The Taliban’s coming to power in Afghanistan is through unconstitutional and undemocratic means. Its control over Afghanistan raises questions about the fundamental nature of international law, politics, the State’s internal governance, and issues crucial for international peace.  These matters although of primary concern, however,  compromised to a secondary position as their accomplishment is contingent on peace being restored and guaranteed by the class of people in the ruling hierarchy. Since the Taliban government is not recognised by many States, it puts to test, the international law criteria for recognizing the government of the State. The reluctance shown by the comity of nations in recognizing the government, further raises the related issue of international law, that how the comity of nations can create an inroad for human rights and peace in Afghanistan. The objective to establish peace in Afghanistan, by identifying the legitimacy of the Taliban regime, touches the core aspect of de jure government as recognized by international law and is also a key concern for setting the trust of Afghan people in international law and international institutions. This article sets the premise to know the position of international law, for recognising a government in a State where the change of government is not established by legal measures and therefore not recognised by other nations. Besides, the author attempts to explore the possibilities of setting the foundation and establishing human rights and related objectives for sustainable peace in Afghanistan. The author sets the dialectical discourse, for setting a roadmap to achieve peace in Afghanistan by applying international law provisions through international institutions.

Function follows Form or Form follows Function – The Legal Nature of CBDC

Abstract 211Central Bank Digital Currency (CBDC) is often described as the future of money, pictured to function as a new, widely adopted means of payment. Whilst economic and public law implications of CBDC issuance have received close scrutiny, private law issues – especially the question of CBDC’s legal nature – have received little attention. This is surprising, given that the function of money as a means of payment is primarily shaped by the private law framework. So far, this framework is tailored to money’s specific forms of appearance, either as (tangible) property or as (intangible) claims against financial intermediaries. Early research has sought to simply classify CBDC within this dichotomy, according to its design respectively being token or account based. Assuming a German private law point of view, this paper will put such classification to the test as regards the intended “European CBDC”, the digital euro. It will show that the focus on token versus account is misguided and ultimately unhelpful, as the digital euro would in neither form fit within the existing legal framework. Drawing on the discussions surrounding the legal nature of cryptocurrencies and cryptoassets, as well as the recent experience with the dematerialisation of securities, it will be argued that the envisioned dematerialisation of cash offers the opportunity to re-think the legal nature of such new money, based not on its form, but on its function as a circulating means of payment. Putting function before form allows technology-neutral answers to related issues, such as the legal assessment of CBDC transfer, ultimately equipping private law for the future of money.

IMKĀNIYĀT AL-IJTIHĀD AL-ISTIṢLĀHĪ WA ISHĀMĀTUHU LI HALL AL-QADHĀYĀ AL-FIQHIYYAH AL-MU’ĀṢARAH: DIRĀSAT FĪ FATĀWĀ JĀ’IHAH COVID FĪ INDONESIA

This article would like to discuss one of the theories of ijtihād that is well-recognized in the science of ushūl fiqh, namely the theory of ijtihād istiṣlāhiy, in terms of its concept and its application to solve contemporary Islamic law by making the fatwas of the Covid-19 in Indonesia as the object of study. Even though a fatwa is a legal notification which is legal and unbinding, fatwa is certainly not produced from a vacuum, but has gone through a process of understanding the details of the proposed Islamic law issue and studying it using the appropriate ijtihād method, one of which is ijtihād istiṣlāhiy. This article presents the results of a qualitative research using a bibliographical study as the method. This article attempts to present an academic discussion regarding the flexibility of ijtihād istiṣlāhiy, its limits as well as its dhawābith in answering contemporary Islamic law issues by examining the side of the establishment of the Covid-19 fatwas law in Indonesia in this recent period. The results of the study show that the fatwas regarding Covid-19 in Indonesia is based on the principle of benefit (maṣlahah) reached through the ijtihād istiṣlāhiy method.

An Assessment of the COVID-19 Pandemic’s Impact on US Physicians’ Acceptance of Telemedicine: An Exploratory Study

Prior to the COVID-19, various issues in ethics, laws, regulations and security risks limited physicians in their ability to deliver medical care via telemedicine. However, in 2020, telemedicine quickly became mainstream when the US government issued a waiver granting the use of telemedicine to reduce COVID-19 transmission. This study examined the US physicians’ acceptance of telemedicine after its sudden wide-scale implementation. The authors developed a survey based on the Unified Theory of Acceptance and Use of Technology to assess the US physicians’ intentions and attitudes toward the use of telemedicine in the delivery of medical care. This survey was distributed between March and June in 2021 across several voluntary online physician groups. The survey was validated using factor analysis. The 110 participants who completed this study were all active physicians practising telemedicine in the USA. The majority of the participants were female (93%), between 34 and 59 years of age (93%), had at least 10 years of medical experience (84%) and practised in a city (92%). The behavioural intention to use telemedicine was influenced by performance expectancy ( β = 0.34, p<.001), social influence ( β = 0.34, p<.001), facilitating conditions ( β = 0.14, p<.05) and attitude towards telemedicine use ( β = 0.36, p<.001). Attitude towards telemedicine use was influenced by performance expectancy ( β = 0.60, p<.001), effort expectancy ( β = 0.16, p<.05) and social influence ( β = 0.16, p<.05). In addition, telemedicine experience moderated the influence of performance expectancy on behavioural intention negatively ( β =−0.39, p<.001) and moderated the influence of facilitating conditions on behavioural intention positively( β = 0.27, p<.001). This study found that the physicians’ performance expectancy of and attitude towards telemedicine use were significant predictors of physicians’ acceptance. Social influence from colleagues and administrators also played an essential role in impacting physicians’ acceptance of telemedicine. Physicians’ effort expectancy merely affected their attitude towards telemedicine use. Facilitating conditions—such as the inability to perform physical exams, labs, etc.—only influenced the physicians’ intention to use telemedicine. Finally, the survey data suggested that as physicians gained telemedicine experience, their performance expectancy predicted lower behavioural intention than counterparts with less experience.

The More Favourable Provision Clause in EU Migration Law: Expanding Fundamental Rights through National Discretion?

Abstract Interaction between different levels of fundamental rights protection is a widely debated topic in EU scholarship, which has long dealt with situations in which national legislation lowered legal standards in the EU. Less explored, however, is the opposite case: when Member State regulations set standards higher than those enshrined at EU level. This can occur through application of the more favourable provision (MFP) clause – commonly enshrined in EU directives dealing with (but not limited to) immigration and asylum. Under it, Member States can apply more favourable standards insofar as they comply with EU legislation. Though seldom discussed in existing literature, the MFP clause is a critical issue of EU migration law and illustrative of challenges facing the EU constitutional order, for it highlights the relationship between fundamental rights protection in the multi-layered EU system and general principles of EU law. Against this backdrop, this paper will investigate the features of the MFP clause in EU migration law and analyse the CJEU’s adjudication in immigration and asylum cases, exploring its reasoning in testing application of MFP clause against EU law.

China's transboundary hydropower development at home and abroad: exploring the regulatory interface between international water law and international economic law

China, located upstream on most of the major transboundary waters shared with vast populations across Asia, is heavily invested in developing hydropower at home and abroad. Some of this hydropower development involves freshwaters that cross national borders raising complex issues in international law, a situation exacerbated by growing economic, environmental, and regional security pressures. In such a context, where conflicts-of-use are almost certain to arise, it is essential to understand the rules that apply so as to enhance opportunities for enhanced transboundary water cooperation. This paper examines the rules of international water law and international economic law that apply to transboundary hydropower development, with a focus on China as one of the key actors in this field. The aim is to examine the regulatory interface of relevant legal frameworks with a focus on China's approach to transboundary hydropower development at home and abroad. While international economic—and more specifically international investment law—is not directly concerned with international water law, host states and foreign investors must be informed, and take into account, the legal obligations governing transboundary waters. China's position as a major water user (at home) and significant investor (abroad) on transboundary waters, makes it a unique case study for exploring the rules of international law that apply in two different regulatory settings. The work examines the rules of law in each of these domains and reveals the inapparent linkages across these seemingly unconnected areas of international regulation.

The functions of a Municipal Law as a branch of law: debatable issues of theory

In article problems of the theory of functions of a modern Municipal Law are considered. The basic essential and meaningful, objective and subjective, internal and external aspects of modern Municipal Law. It is noted that among the basic tasks that are currently faced domestic science Municipal Law, is the formation of a coherent and comprehensive knowledge of the system of municipal law of Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. A holistic conception of the Municipal Law of Ukraine in the unity of its static and functional, material and procedural elements are important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law-making and law enforcement activities.
 However, if the theory of problematic issues of Municipal Law as in law, its genesis, sources, norms and institutions are reflected in the works of ukrainian researchers, the problem functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of Municipal Law makes it possible to understand the importance of this area of law to regulate social relations and answer questions about the role of Municipal Law in society and the state.
 Characteristic signs of functions of a Municipal Law are analyzed. The functions of municipal law should be considered exclusively in the focus of the subject and method(s) of municipal law. Therefore, they are inextricably linked with the functions of municipal power and the functions of municipal human rights.
 Based on the above and other characteristics, the functions of municipal law as a branch of law should be defined as the main directions and types of influence of municipal law on social relations that arise in the process of recognition, formation, organization and exercise of municipal power, as well as the implementation and protection of municipal rights a human’s.

Intelligent search system for resume and labor law.

Labor and employment are important issues in social life. The demand for online job searching and searching for labor regulations in legal documents, particularly regarding the policy for unemployment benefits, is essential. Nowadays, each function has some programs for its working. However, there is no program that combines both functions. In practice, when users seek a job, they may be unemployed or want to transfer to another work. Thus, they are required to search for regulations about unemployment insurance policies and related information, as well as regulations about workers working smoothly and following labor law. Ontology is a useful technique for representing areas of practical knowledge. This article proposes an ontology-based method for solving labor and employment-related problems. First, we construct an ontology of job skills to match curriculum vitae (CV) and job descriptions (JD). In addition, an ontology for representing labor law documents is proposed to aid users in their search for legal labor law regulations. These ontologies are combined to construct the knowledge base of a job-searching and labor law-searching system. In addition, this integrated ontology is used to study several issues involving the matching of CVs and JDs and the search for labor law issues. A system for intelligent resume searching in information technology is developed using the proposed method. This system also incorporates queries pertaining to Vietnamese labor law policies regarding unemployment and healthcare benefits. The experimental results demonstrate that the method designed to assist job seekers and users searching for legal labor documents is effective.

Examining Custody Assessment Criteria: A Comparative Analysis of U.S. & Kuwaiti Legal Systems

This research paper conducts a thorough comparative analysis of custody assessment criteria employed in the legal systems of the United States and Kuwait. The freedom of the accused during the pre-trial investigation stage is one of the most important issues related to human rights and freedoms. The study adopted the analytical method of legal texts, judicial rulings, and jurisprudential opinions between two systems belonging to different legal families, namely the system in the United States of America and the system in the State of Kuwait. The study showed that the legal system in the United States of America addresses the factors that play a role in determining the decision to detain the accused during the pretrial investigation stage in a better and more in-depth manner than the treatment adopted by the Kuwaiti legislators. The study also indicated that the American legislative treatment is preferable to a procedural reason related to the American system. Finally, this study recommended the need to reorganize the issue in Kuwaiti law by adopting many humanitarian aspects related to the accused in the issue of the decision to release or detain the accused during the pre-trial investigation stage.

Public Perception of Polygamy in Makassar, Indonesia: Cultural Perspective and Islamic Law

One of the issues in Islamic law that is often debated is the case of polygamy that occurs in society in Indonesia. The perception of people in Makassar City, South Sulawesi about polygamy is still very taboo. This assumption arises because of their erroneous understanding of polygamy. This article aimed to discuss the underlying factors of polygamous marriages in Makassar.  The research used empirical methods with survey techniques, analyzed with Islamic law theory. The current research was designed as a survey which involved 80 participants, who consisted of 30 polygamous actors and 50 people from monogamous relationships. Instruments used in this study were a close-ended questionnaire and an open interview guideline with polygamists. The results showed that among the Makassarian community members who agreed with the practice of polygamy, there was a group of people who considered polygamy as a disgrace to the family or an act of demeaning women. It was reported that many polygamous actors conducted polygamy without any consent from their first wives. The survey also uncovered several factors that provoked polygamy practices in Makassar. These factors include female infertility, men’s sexual needs, the Prophet’s Sunnah, incurable diseases, and ignorance. Moreover, the majority of polygamous actors in Makassar chose not to register their second marriage at the Civil Registry office due to the state's convoluted bureaucracy and the law that prohibits government employees from being polygamous.

Existence of Registered/Unregistered Marriage Clauses in Family Cards from a Family Law Perspective

<em>Family plays a central role in maintaining the stability and continuity of a nation, and marriage is the primary foundation for forming a legally recognized family. The Family Card records marital status and holds a crucial role in family administration and the legal rights of family members. However, practices in the field often do not align with the rules of recording marriages in the Family Card. This research aims to examine the influence of marriage clauses in the Family Card on the legal status of marriage from the perspective of family law, as well as its impacts in the social context. Using a normative legal research method, with a legislative approach and data from relevant legal documents, this study contributes to understanding and addressing family law issues in Indonesia while adapting to the diverse social and religious realities of the community. The research findings show that recording marriage in the Family Card has a significant impact from the perspective of family law in Indonesia. Recorded status in the Family Card provides legal certainty, better legal protection, and easier access to rights and benefits. Conversely, "Not Recorded" status can create legal uncertainty, obstacles in obtaining rights and benefits, and a higher risk of legal consequences in divorce and inheritance rights. The social impacts of the existence of marriage clauses recorded or not recorded in the Family Card are diverse. Recorded marriages create positive social recognition, family support, and easier access to social programs, while unrecorded marriages can result in social stigma, discrimination, and uncertainty regarding the rights of children born from such marriages.</em>

Moral Damages in International Investment Law

This article discusses the notion of moral damages in international investment arbitration. Although there are currently more than 2500 bilateral investment agreements (hereinafter — BIT) in force, none of them regulates moral damages. The analysis focuses on the historical background of moral damages, which shows that international law has not been overly concerned with their assessment within the last hundred years. As such, despite their almost universal acceptance by international courts and tribunals, there is still no guidance for tribunals on how to approach moral damages, making their assessment a topical issue of modern international law. The article highlights the reasons tribunals give for either completely disregarding such claims, or granting merely symbolic sums, such as non-tangible nature of moral damages, lack of any concrete evidence, or an extremely high threshold. The author concludes that international law still lacks a strict and uniform test, when it comes to moral damages, which are bound to face rather broad and subjective decisions rendered by the tribunals. The author further discusses the problem of assessing moral damages, which also lacks established methodology, and often refers to national law of domestic legal systems instead of a unified standard. In some cases, tribunals do not provide any reasoning or legal basis for their assessment. The author concludes that in the absence of a strict test, investment tribunals may turn to human rights instruments to make the assessment of moral damages clearer and more consistent.

Has the UK Supreme Court Become More Restrained in Public Law Cases?

In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn. It finds that, in a number of important respects, the Court has indeed adopted a more restrained approach to public law issues in recent years. However, conservatism and caution are not apparent across the board, and there are a number of areas in which the approach of the Court has been anything but restrained. Overall, the Court should not be considered ideologically conservative, nor should it be deemed constitutionally supine. Rather, it is most accurate to suggest that the Court is basing its judgments on a vision of the law rooted in the tradition of political constitutionalism.