Conflict Of Laws Research Articles

The Use of Investor-State Arbitration to Resolve Conflicts in Patent Law

The Use of Investor-State Arbitration to Resolve Conflicts in Patent Law

The Double-Actionability Rule in Tort with Respect to Conflicts of Laws

The Double-Actionability Rule in Tort with Respect to Conflicts of Laws

On the Road to a Third American Restatement of Conflicts Law <br>

On the Road to a Third American Restatement of Conflicts Law <br>

Controversial issues of resolving a criminal law conflict at the pre-trial stage of criminal proceedings

Controversial issues of resolving a criminal law conflict at the pre-trial stage of criminal proceedings

THE ROLE OF CRISES IN THE CITY'S FUNCTIONING AND DEVELOPMENT PROCESSES

The article presents the systematization of crises events arising in the process of functioning and development of the city as a complex system with a large number of different components interacting in a dynamic manner. The city is analyzed as an object that consists of a multitude of systems and subsystems, whose life interests on one hand foster development and on the other, limit each other's growth. As they change under the pressure of external and internal factors, these elements encounter limitations imposed by adjacent systems, leading to conflicts in the life interests of the city's subsystems. In this case, the contradictions are necessary and inevitable conditions for the development of any system, providing its mutability under changing external conditions of existence. Practically, they act as the driving force of development, prompting the system to alter its properties. City risks losing its ability to adapt and becoming vulnerable to external influences and internal disturbances. The study uses ideas taken from systems theory and synergetics, which allow for conclusions that the city as a system demonstrates a classic case of the "Law of Unity and Conflict of Opposites", where there is a constant balancing between the need to maximize self-preservation and survive in a changing world. On the other hand ‒ the aspiration for changes, sometimes leading to crisis. These systemic contradictions can be resolved by sophisticated regulation or can be exacerbated by wrong decisions. This approach offers new horizons for urban planning, where every step should be deliberate and aimed at providing sustainable development, consolidation of the social structure and a higher quality of life for citizens. With this perspective, city governments can transform potential crises into opportunities for the development and modernization of urban environments.

Balancing Law and Justice: Resolving Inheritance Law Conflicts between Iraqi Federal and Kurdistan Regional Legislations

This research examines the conflict arising from the differences in legal texts between the existing Iraqi Personal Status Law and the frequently amended laws in the Kurdistan Region. Furthermore, the issuance of amendments by the Kurdistan Region has exacerbated this conflict, leading to confusion and disputes between the two legal frameworks. The uncertainties surrounding the rationale behind these amendments have raised questions and doubts among legal practitioners and researchers, prompting a conservative approach within the courts. This study addresses and resolves these uncertainties by employing a comparative and analytical methodology. With a focus on constitutional and legal standards and the principle of justice, the research aims to clarify the applicability of either law. By undertaking this comprehensive analysis, the study endeavors to eliminate perceptions of ambiguity and hesitation, thereby contributing to a more cohesive legal landscape in the region. The research results show the fundamental difference between the Iraqi Personal Status Law and the amended law in the Kurdistan Region in matters of inheritance, specifically centered on the obligatory will and the wife's inheritance, and the Kurdish legislator made amendments in both issues, considering that amending federal laws is guaranteed to the regions by constitutional texts as long as they do not conflict with the constant provisions of Islam and the principles of democracy. This is not considered a departure from the 2005 Iraqi constitutional framework because the Federal Supreme Court, in its capacity as supervisor of the constitutionality of laws.

When Is Genocide a Crime of Genocide? The Holodomor and the Katyn Massacre as a Crime of Genocide

The Holodomor and Katyn Massacre are founding crimes of the USSR and the Eastern Bloc’s state. Their common feature was an attempt to annihilate nations and prevent them from achieving independence. Quite often, both crimes are called genocide, but their legal qualification from the perspective of the then international law is extremely difficult. However, there are solid grounds for qualifying both of these crimes, and particularly the Katyn Massacre, as genocide. As a result of the development of the law of armed conflicts in international law in the 1930s and 1940s, there was a ban on committing acts that the 1948 Convention defined as genocide.

Об институте медиации как способе разрешения уголовно-правового конфликта

В статье рассматриваются основные особенности применения медиации в уголовном процессе. На примере анализа функциональных аспектов медиации демонстрируется положительное воздействие медиации на уголовный процесс. The article discusses the main features of the use of mediation in criminal proceedings. Using the example of the analysis of the functional aspects of mediation, the author demonstrates the positive impact of mediation on the criminal process.

International Patent Law Conflicts With the Right of Access to Medicines and Healthcare: Key Aspects

This article is dedicated to the legal conflicts between international patent law and the right ofaccess to medicines and healthcare. This article discusses the problem above under the light ofthe framework of the international agreements, mainly WTO Agreement on Trade-RelatedAspects of Intellectual Property Rights (TRIPS Agreement) and Doha Declaration on the TRIPSagreement and public health. As we know, patents give exclusive rights to the inventors to usetheir innovations for a long period of time. This limits the ability of public to get easy access tomedications, consequently to indispensable healthcare. It is undoubtable that the quality of lifeand the healthcare of the public is an absolute priority. On the contrary, the expropriation ofpatent rights, inadequate compensation of damages for issuing the compulsory licensing mayhave irreversible consequences for the states. Foreign investor may file claims against thegovernmental authorities to ad hoc or permanent arbitral institutions.

Legal grounds and ethical conditions of alternative forms of criminal law conflict resolution in Russia

Legal grounds and ethical conditions of alternative forms of criminal law conflict resolution in Russia

LL.M. Exam Paper in Private International Law (Conflict of Laws)

LL.M. Exam Paper in Private International Law (Conflict of Laws)

Analysis of the provisions of national and EAEU legislation regulating pharmaceuticals before and after 1 January 2026

Scientific relevance. The gradual transition to the common pharmaceutical market within the Eurasian Economic Union (EAEU) is expected to be completed by the end of 2025, and a new regulatory framework is currently being developed at both the national and supranational levels. The main changes in Russian national legislation are aimed to harmonise it with EAEU legislation. However, Russian national legislation will continue regulating a range of issues related to the life cycle of medicines.Aim. This study aimed to compare the Russian and EAEU legal frameworks regulating medicines before and after January 2026, as well as to analyse the risks of conflicts of laws between these legal systems.Discussion. Analysing the causes of potential conflicts of laws between Russian and EAEU legislation, the authors consider solutions for such conflicts outlined in the legal system of the Russian Federation, as well as the applicability of these solutions to specific situations in the national and supranational regulation of medicines. This study analyses the stages in the life cycle of medicines associated with the highest risk of conflicts of laws, including clinical trials, the development of pharmacopoeial requirements, and the designation of orphan medicines. The authors examine the relationships between authorisation procedures during the transition period with both legal systems in effect. The analysis highlights the issues that will continue to be regulated under Russian national legislation after the completion of the transition period, such as the inclusion of active substances in the Russian State Register of Medicines, the authorisation of medicines during armed conflicts or other emergencies, and the interchangeability of medicines. Given the evolving requirements of the regulatory environment, this study provides suggestions for enhancing the regulatory framework and recommendations for applicants.Conclusions. After the complete transition to the common market in the EAEU, certain requirements of Russian Federal Law No. 61-FZ “On Circulation of Medicines” of 12 April 2010 will remain effective in the Russian Federation. Therefore, during the transition period, applicants for authorisation should consider the partial continuation of national regulation after 2026 when developing their regulatory affairs strategies.

Konflik Hukum Agraria Terhadap Pembangunan Jalan Tol Di Sumatera Barat

This research in-depth investigates agrarian law conflicts that arise in connection with toll road construction in the West Sumatra Province. The main focus of this research is on exploring the position of Minangkabau community customary land in the context of inheritance law. An in-depth analysis was carried out on the role of the 1945 Constitution of the Republic of Indonesia and Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) in regulating the revocation of rights to customary land for the public interest. This research also explores comparisons with other regions in Indonesia to reveal variations in legal approaches in dealing with similar conflicts. Thus, this research aims to understand the complexity of conflicts that arise along with these infrastructure projects. The results of this research provide an illustration that the agrarian law conflict in West Sumatra is not only limited to the revocation of rights to customary land, but also involves aspects of inheritance law which significantly influence the position of the Minangkabau people. The implications of these findings will be explained comprehensively to provide in-depth insight into the dynamics of agrarian law conflicts in the context of infrastructure development in Indonesia.

To the Issue Concerning Analogy of Statute and Analogy of Law in Conflict of Laws Framework

Problem statement. The present research stems from acknowledgement by several specialists regarding “analogy of statute” and “analogy of law” application in Private International Law of the Russian Federation. The author considers this proposition as contradictory to article 1186-2 of the Civil Code of the Russian Federation and conflict of laws essence. Goals and tasks of the research. The main goal of the research is to substantiate inapplicability of “analogy of statute” and “analogy of law” in Private International Law of the Russian Federation. The indicated goal presupposes following tasks, i. e. to reject applicability of article 6 of the Civil Code of the Russian Federation in conflict of laws framework; to prove substantial inappropriateness of “analogy of statute” for choosing applicable law and to show direct application of the closest connection principle in case of conflict of laws rules absence. Methods. Methods of the research embrace general scientific and particular scientific. The first are represented by general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach; comparative legal method plays key role among the second. Results, brief conclusion. The main conclusion of the research is that conflict of laws framework is not aware neither of “analogy of statute”, nor of “analogy of law” as utilized by the Civil Law. In conflict of laws, the closest connection principle, as general gap-filling conflict of laws rule according to article 1186-2 of the Civil Code of the Russian Federation, steps up as sole conflict of laws instrument when it is impossible to choose applicable law on the basis of existing conflict of laws rules stipulated by international treaties of the Russian Federation, Civil Code of the Russian Federation, other statutes or customs acknowledged in the Russian Federation.

Conflict of lien laws relating to the sale of abandoned goods carried by multimodal transport in Ethiopia

Background: Inland dry ports in Ethiopia serve as extended destinations for goods transported by sea, especially under the international multimodal transport system, to fulfil customs formalities. Ethiopia’s multimodal transport law gives carriers lien rights to detain cargo and documents to recover all sums payable under multimodal contracts. However, the country’s customs law gives customs the right to sell abandoned goods by auction and collect duties and taxes before any other payments are made.Objectives: This study critically examines current regulations and practices relating to carriers’ lien rights to recover uncollected charges on goods abandoned at inland dry ports.Method: A qualitative case study design is used to analyse the challenges and provide solutions for multimodal transport operators dealing with abandoned goods at inland terminals.Results: A major reason for abandonment is that the proceeds of sales of abandoned goods are insufficient to pay for taxes and logistics expenses. The Ethiopian Shipping and Logistics Services Enterprise has lost an estimated 1.5 million USD annually from abandoned containers in multimodal transport.Conclusion: Based on the legislation and court of appeal precedents presented in this paper, multimodal transport operators’ uncollected charges should take priority over tax and duties for the proceeds of selling abandoned goods. As Ethiopia is a landlocked country, it needs to resolve this issue to ameliorate its multimodal transport system.Contribution: This paper suggests revising existing regulations and practices relating to unclaimed goods at inland terminals to recoup logistics costs ahead of tax. This will facilitate multimodal transport services’ use of inland terminals as extended destinations of seaports.

The Privatisation of Climate Change Litigation: Current Developments in Conflict of Laws

The Privatisation of Climate Change Litigation: Current Developments in Conflict of Laws

Dicey, Morris and Collins on the Conflict of Laws, edited by Lord Collins and Jonathan Harris, Sweet & Maxwell, 16 th ed., 2022

Dicey, Morris and Collins on the Conflict of Laws, edited by Lord Collins and Jonathan Harris, Sweet & Maxwell, 16 th ed., 2022

The proper subject as a prerequisite for the admissibility of evidence: court practice

The article is devoted to certain issues of admissibility of evidence in criminal proceedings, taking into account judicial practice accordingly. The notes emphasizes one of the most important issues in criminal proceedings is the issue of obtaining evidence by the proper subjects. At the same time, in the spotlight when deciding on the admissibility of evidence, should be the rights and freedoms of citizens.
 Based on the Supreme Court litigation and the legal positions of the European Court of Human Rights, the article allocates a number of problematic aspects that arise in practical work, as a result, leads to the recognition an evidence as inadmissible due to their receipt by improper subject of proof.
 Since the decision of a court or international judicial institution that has entered into force and establishes a violation of human rights and fundamental freedoms guaranteed by the Constitution of Ukraine and international treaties ratified by the Verkhovna Rada of Ukraine is of prejudicial importance for the court that decides on the admissibility of evidence, the Supreme Court’s practice on these issues is undoubtedly subject to study, detailed analysis and further application in practice.
 Only on the basis of evidentiary information are the subjects of criminal proceedings authorized to make procedural decisions regarding criminal law conflict and ensuring human rights and freedoms.
 The investigator, prosecutor, and investigating judge evaluate the evidence already collected and verified during the pre-trial investigation when making relevant procedural decisions. Of course, the evaluation of evidence by the court during the trial is of great importance, since it is the court that decides on the guilt or innocence of a person in committing a criminal offense when passing a verdict.
 The author concludes that investigators, procedural supervisors, and investigating judges should take into account the legal positions of the Supreme Court in their activities and prevent the violations pointed out by the author in this article with reference to the Supreme Court rulings.

Procedural Law in Juvenile Justice

This research paper deals with the juvenile justice system of India and the procedure to be followed while trail of the children in conflict of law and describes about the various institutions relating to it like juvenile justice boards, child welfare committees, observation and shelter homes, special juvenile police units etc., while emphasizing on the emerging trends of the ideology of the youth and various problems they are facing in the society along with the recent statistics and provisions of the Juvenile Justice Act 2015

Criminal proceedings

Offences that break the rules in the area of criminal law will lead to conflicts in criminal law, and to this end, the judiciary must resolve criminal proceedings. Criminal conduct can be reviewed and analysed from the perspective of substantive, substantive law, procedural law and formal law. With the adoption and promulgation of criminal law, a criminal legal relationship was formed. Defending social values and imposing certain behaviors, on the other hand are individuals. Laws or laws covered by the provisions of the Criminal Code. The state has the right to prosecute without observing the rules of criminal law, which is an important part of criminal proceedings. When committing a crime, the judicial department exercises its right to defend social values by promoting criminal behavior, so virtual laws have been substantially transformed and are becoming active, and criminal proceedings have begun to restore law and order. Criminal procedure is a right, from a procedural perspective, it is an abstraction and it is a lever to exercise this right. In criminal law governing criminal acts, the prosecution of conflicts caused by violations of criminal law is implicitly institutionalized to prosecute those who commit such acts. Criminal disputes, as a legal means of transmitting conflict reports to court, already exist in the legal norms of criminal law, but have become a specific means and can be used. The consequence of committing an unlawful act is the use (exercise) of the act. Until the moment when the illegal act is committed, the act conferred by the legal norms practically exists as a legal power of creation. From that moment on, the act can be exercised, that is, a power with real effect.