Legal Diversity Research Articles

Arbitration in the Age of Globalization: Addressing Cultural and Legal Diversity in Commercial Disputes to Achieve Sustainable Development Goals in Society

Objective: The article aims to identify the most effective ways to improve arbitration in the context of considering the influence of cultural and legal diversity factors in commercial disputes to achieve sustainable development goals in society. Theoretical Framework: Special attention is paid to the analysis of effective ways to improve arbitration in the context of considering the influence of cultural and legal diversity factors in commercial disputes to achieve sustainable development goals in society. Method: The methodology of the study involves the use of the IDEF3 functional modelling method. As a result of the study, a model for improving the processes of information support for arbitration processes in the context of taking into account the influence of cultural and legal diversity factors in commercial disputes was formed. Results and Discussion: The results obtained indicate the need for a more flexible approach to arbitration procedures in a globalized context, in particular, taking into account the cultural and legal characteristics of the parties to achieve sustainable development goals in society. Research Implications: The implications of the study are the dependence of the findings on the availability and quality of data on international arbitration procedures, which may be incomplete or heterogeneous across different legal cultures. Originality/Value: The practical significance lies in the disclosure of modern trends in the development of effective ways to improve arbitration in the context of considering the influence of cultural and legal diversity factors in commercial disputes to achieve sustainable development goals in society.

Navigating Pluralism in Islamic Jurisprudence: A Comparative Analysis of Mut'ah Marriage in Ja'fari and Sunni Schools of Thought

This study examines the differing views on mut'ah (temporary) marriage between the Ja'fari and Sunni schools of Islamic jurisprudence through a comparative analysis of their legal reasoning methodologies. Employing qualitative research methods including textual analysis of primary sources, historical examination, and comparative legal analysis, the study explores the origins of these divergent interpretations and their implications for contemporary Muslim societies. The findings reveal that differences in scriptural interpretation, hadith authentication, and legal principles contribute to the contrasting positions on mut'ah marriage. While the Ja'fari school considers it permissible based on Quranic verses and certain hadith, Sunni schools generally prohibit it, citing abrogation and potential social harms. The study highlights how these differing views reflect broader patterns of legal pluralism in Islamic jurisprudence and impact contemporary debates on gender, marriage, and religious authority in Muslim communities. By critically evaluating arguments from both traditions, this research contributes to a more nuanced understanding of Islamic legal diversity and its ongoing negotiation in modern contexts.

#2379 Acute kidney injury as a key predictor of major adverse cardiovascular events in chronic kidney disease patients

Abstract Background and Aims Chronic kidney disease (CKD) significantly raises cardiovascular event risks. The influence of acute-on-chronic kidney incidents is less understood. This study examines the link between acute kidney injury (AKI) episodes and subsequent Major Adverse Cardiovascular Events (MACE) in CKD patients. Method From 2013 to 2016, the CKD-REIN cohort enrolled 3033 adults with CKD stages 3-5 (average age 67; 66% male; mean eGFR 33 mL/min/1.73m²) from 40 French outpatient nephrology clinics, reflecting national geographic and legal diversity. During a 5-year follow-up, all AKI episodes, whether inpatient or outpatient, were identified, confirmed, and categorized per KDIGO-AKI standards by an expert panel. Cardiovascular events were evaluated using clinical trial Cardiovascular and Stroke Endpoint Definitions. MACE cumulative incidences (myocardial infarction, stroke, heart failure hospitalization, cardiovascular death) post-AKI were calculated using Aalen-Johansen methods, accounting for kidney failure and death risks. The impact of the first AKI episode on MACE risk was analyzed using a multivariable Cox model, treating AKI as a time-variable and stratifying by characteristics (in/outpatient status, AKI stage, pre-renal causes, renal recovery at discharge). Factors like demographics, cardiovascular risks, CKD severity, and treatments were considered. Interaction and sensitivity analyses were performed, excluding those with prior AKI or cardiovascular disease. Results During a median follow-up of 5.2 years, 530 patients experienced an incident AKI episode. The cumulative incidence of MACE at 1 year following this initial episode of AKI was 8.1% [95% confidence interval, 6.1; 10.8], with a median time to occurrence of 6.7 months after AKI. After adjustment for multiple confounders, we observed a substantial increased hazard of MACE associated with a first episode of AKI (HR = 5.99 [4.63; 7.76], p < 0.001), and this association remained significant for each MACE component (Fig. 1A). A dose-response relationship was observed, with higher risks in more severe AKI cases (KDIGO grades 2-3) and among hospitalized versus non-hospitalized patients (Fig. 1B). This association was also observed across all subgroups, without any interaction with age, sex, nor major comorbidities (diabetes, history of AKI, or cardiovascular events), as well as in various sensitivity analyses. Overall, we estimated an attributable risk fraction of 18.1% [13.6; 22.4] for MACE associated with AKI episodes within this population. Conclusion Our study highlights a strong dose-response relationship between incident AKI events and the risk of subsequent major cardiovascular events in CKD patients. These findings suggest that AKI may not only be a marker of increased cardiovascular risk but also a potential mediator of this risk. From a clinical perspective, these results underscore the importance of close monitoring and management of AKI in CKD patients to reduce the risk of MACE. This study improves our understanding of the interplay between renal and cardiovascular health, emphasizing the need for integrated care approaches in this high-risk population.

Legal Tradition as a Subject and Method of Comparative Law of the BRICS Countries

This article is a review on the two-volume book called “Comparative History of Foreign Law” written by Dmitry Poldnikov, the Professor of the Theory of Law and Comparative Law Department at MGIMO University of Russia. The authors of this review are convinced that the book is a new word in Russian legal-historical editions because it presents an unconventional analysis of the development of state and legal systems of various jurisdictions through the prism of legal values, legal traditions and legal diversity.

Legal analysis of the merits of electronic transferable records: toward cross-border trade digitalization

Purpose The basis for this study on electronic transferable records (ETRs) in the context of digitalizing cross-border trade is established in this chapter. It illustrates how the growing trend toward paperless trade and technological improvements is changing trade operations. This chapter focuses on the need to look into ETRs because of their capacity to influence business transactions while navigating complex legal issues. The specific goals of the study are outlined, including a review of the advantages, legality, difficulties and best practices of ETRs. This study aims to shed light on the possible advantages and disadvantages of ETRs, the legal framework that controls their use and the best practices for their efficient implementation. This study also seeks to provide informative recommendations for businesses and people that are considering using ETRs. Design/methodology/approach This study explores the evolving world of ETRs and their crucial function in international trade. Multidimensional technique is used to examine the transformative potential of ETRs from a variety of research angles. The research design is based on a comprehensive evaluation of the literature that includes a wide range of reliable sources, including academic papers, business reports and legal documents. The comprehensive retrieval of essential material is ensured through keyword searches in renowned academic databases and industry resources. The qualitative synthesis of secondary sources further enhances this methodology and allows for a complex examination of the implications of ETRs. The case study analysis provides practical information on the benefits, hazards and practical applications of ETRs. Multifaceted aspects are uncovered via a thematic approach and qualitative investigation, including potential advantages, hazards, implementation plans and regulatory frameworks. Findings ETRs offer a range of potential advantages for cross-border trade, encompassing augmented efficiency, reduced costs and heightened security. Nonetheless, their implementation also presents legal challenges and risks, spanning security and privacy concerns, legal ambiguities and technical complexities. Consequently, it is crucial for individuals and businesses to meticulously assess and mitigate these risks through the integration of robust security protocols, staying informed about legal developments and adhering to pertinent regulatory stipulations. In spite of these hurdles, the trajectory of ETR adoption is anticipated to remain on an upward trajectory, driven by increasing recognition of their potential benefits and the concurrent evolution of legal frameworks and technical standards. Research limitations/implications Research limitations included the following: lack of adoption of ETRs internationally; and legal diversity and different legal systems results in different consideration of the ETRs. It makes reaching a unified ETR system more difficult. Practical implications It is necessary to develop clear policies and procedures and establish well-defined policies and procedures governing ETR use. These should encompass security guidelines, data protection measures and adherence to legal mandates. Regular review and updates are imperative. Stay current on legal developments: In light of the continuously evolving legal and regulatory landscape pertaining to ETRs, businesses and individuals must stay abreast of pertinent changes and seek professional counsel when necessary. Collaborate with partners and stakeholders: To ensure harmonization and standardization in ETR deployment, active collaboration with partners, regulators and industry associations is vital. Social implications Enhance awareness and education: Investment in awareness and educational initiatives is crucial. Decision-makers should organize training programs, workshops and seminars to enhance understanding of ETRs’ potential benefits in cross-border trade among stakeholders. Socially, the use of ETR can achieve several political advantages for the society. It minimizes risks of corruption through enhancing tracing and auditing abilities for relevant authorities making it more difficult to engage in corrupt practices. That can promote integrity within government and public procurement system. Originality/value The development of standardized technical frameworks and interoperable platforms for ETRs could enhance their seamless integration into existing trade systems. Additionally, investigating the integration of emerging technologies like blockchain, IoT and AI into ETR ecosystems could unlock innovative solutions to security, authenticity and data management concerns. This study examines how ETRs can radically alter how trade is conducted on a global scale. This paper examines ETRs’ role in improving cross-border trade digitization by examining their advantages, legal difficulties and implementation techniques. The conclusions will aid firms, decision-makers and attorneys in navigating the constantly changing world of trade agreements. The study’s ultimate goal is to offer takeaways that support effective, secure and legally compliant integration of ETRs, ensuring that they operate as a catalyst for improved global trade efficacy and efficiency.

Charting the course of DMA’s private enforcement: unveiling the forum shopping challenge

ABSTRACT The Digital Markets Act (DMA) seeks to oversee major digital platforms – “gatekeepers,” and their core platform services, aiming to break down barriers to competition enforcement within digital realm. Despite the DMA's absence of explicit mention of private enforcement, its spirit is clearly embedded within the framework. Several EU Member States have actively encouraged private enforcement of the DMA within their legislative processes. Considering the individual initiatives by the EU Member States, this paper addresses a concern: how to secure uniformity and consistency in the private enforcement of the DMA across the EU? This challenge is exacerbated by the looming threat of forum shopping, wherein plaintiffs strategically select jurisdictions to gain perceived advantages. As a solution, this paper advocates for the adoption of harmonization measures that strike a delicate balance between legal diversity and ensuring diligent oversight within the framework of private enforcement under the DMA.

Legal Pluralism and Indigenous Justice Systems: An Anthropological Analysis


 
 
 Legal pluralism refers to the coexistence of multiple legal systems within a single society, often including both state-based and indigenous or customary justice systems. This article provides an anthropological analysis of legal pluralism and indigenous justice systems, exploring the complexities and implications of their interaction. Drawing on qualitative methods, literature studies, and library research, the paper examines how legal pluralism shapes social norms, power dynamics, and access to justice in diverse cultural contexts. It critically evaluates the challenges and opportunities presented by the recognition and integration of indigenous justice systems into broader legal frameworks, highlighting issues of cultural relativism, human rights, and legal reform. Through an interdisciplinary approach, the article offers insights into the complex dynamics of legal pluralism and indigenous justice, shedding light on the ways in which these systems intersect and influence each other. By examining case studies from various regions and communities, the research underscores the importance of understanding the cultural, historical, and socio- political factors that shape legal pluralism and indigenous justice systems. Ultimately, this analysis contributes to broader discussions on legal diversity, social justice, and the role of anthropology in understanding legal phenomena.
 
 

Bank resolution and national insolvency law: the case of group financing

Abstract This article explores the complex interplay between bank resolution and national insolvency law, with a specific focus on intra-group financing. We discuss group financial support agreements under BRRD, prudential requirements under the CRR, iMREL under BRRD, and harmonisation of national bank insolvency laws. We conclude that without harmonisation, the dependence of bank resolution on national insolvency laws continues to result in legal diversity and uncertainty, and thus may jeopardise effective resolution.

Deciphering the Constitutional Directive of the Uniform Civil Code/Resolving the ucc Dilemma

Abstract The Indian Constitution recognises and accommodates the social and legal diversity of the country. It is interesting to note that it leaves the family outside the discipline of Fundamental Rights. Unlike many other Constitutions, neither does it contain a Fundamental Right to family nor does it disturb it by bringing the personal laws within the domain of law. The term Uniform Civil Code implies that it is applicable to all as a general rule and many support this view. Personal laws are an integral part of religion and, therefore, the enactment of Civil Code is an interference with religion. The vast majority of Muslim in India adheres to this view that the Uniform Civil Code would interfere in the personal law. The present paper aims to examine the feasibility of the implementation of Uniform Civil Code in India in the context of the recent push by the government of India. Recognising the interplay between the fundamental rights and the constitutional directives in the context of the debate around Uniform Civil Code, the paper also outlines in brief Part iii and Part iv of the Constitution and their relationships.

Indigenous justice and its relationship with constitutional principles in ecuador: a theoretical and critical study

This theoretical and critical study examines how indigenous justice, recognized in the Ecuadorian Constitution of 2008, coexists with constitutional principles and human rights. The implementation of indigenous justice generates tensions due to diverse and sometimes conflicting interpretations regarding its coherence with national legal frameworks. These tensions include aligning universal constitutional principles with indigenous local norms, as well as ensuring individual rights in the face of community decisions. The study emphasizes the importance of a pluralistic approach that respects Ecuador's cultural and legal diversity, while ensuring comprehensive and equitable protection of fundamental rights for all citizens, regardless of ethnic or cultural background. The proposed critical analysis addresses the ongoing need for intercultural dialogue and constant review of regulations to ensure that indigenous justice not only respects local traditions but also aligns with constitutional standards and universal human rights, thereby promoting a plurinational state that recognizes and values diversity as a fundamental asset of the nation.

La mediación dentro de la justicia indígena

In accordance with the Constitution in the Republic of Ecuador, indigenous communities, peoples and nationalities are empowered to exercise jurisdictional functions in their territorial scope, in accordance with their ancestral traditions and their own law. Currently, the authorities of these communities can resolve the various internal controversies in accordance with their own laws and policies, as long as they do not violate the Constitution or internationally recognized human rights. The State must ensure that all public agencies and institutions adhere to the rulings of the indigenous jurisdiction; with the exception of criminal matters, which have a differentiated treatment in ordinary justice. With this approach, we recognize that the State is not the only source of justice, being applicable a parallel legal system that respects the norms of the native communities. Thus, conflict resolution alternatives such as mediation emerge as a viable method to resolve disputes. Due to his success in protecting the cultural norms and traditions of indigenous communities, this figure serves as an illustrative model of legal diversity. This paper delves into the value of mediation as a means to achieve legal pluralism that respects indigenous uses and customs.

Communal solidarity and the challenge of intergenerational punitive system in Africa: The Yoruba experience

The transference of qualitative punitive system in Africa to the next generations is challenged by the hegemonic situations created by the Western colonial ‘theory-maker’. The reality of this formal structure promotes individual character of the law which undermines the transformative cultural principles for intergenerational legal justice in Africa. This paper, therefore, examines the communal solidarity system within the Yoruba culture in order to arrive at the socio-legal sustainability discourse for the next generations. The study employs the conceptual, critical and reconstructive methods of philosophy with a view to sustaining communal solidarity for intergenerational punitive system. The findings show that communal solidarity in Yoruba culture goes beyond the formal Eurocentric principles that celebrate individualistic for a coherent interconnection among social structure, law and belief system towards the certitude and trust making for harmonious human well-being and future generations. Also, it promotes a restitutive principle whereby the offender is reconciled to himself, the victim and the community at large, which seals generational bond not only within the family but the community at large. More so, the notion advances a creative and flexible human activity, whereby human beings are amenable to change and deserve integration into the community with the saying that bi a ba fi owo otun na omo eni, a fi t’osi fa’a mora (when a man beats his child with his right hand, he should draw him to himself with his left hand). Therefore, the study constructively addresses the dispensation of justice with legal certainty, legal diversity and social order for maximally advanced and sustained future.

О традициях изучения правового плюрализма, его формах и значении (часть 1)

The relevance of this work is due to the possibility of coexistence of various systems (subsystems) of law in society. Some social sciences, such as anthropology, sociology, are characterized by increased attention to these situations, their mostly positive assessment. Within the framework of jurisprudence, the multiplicity of legal systems (subsystems) causes an ambiguous attitude, but has practical significance. At the same time, the existing approaches to the problem need to be systematized. Methodology. Dialectics, comparative method, formal-logical method, system approach, analysis, synthesis were used. Results. Various traditions of studying the multiplicity of systems (subsystems) of law are presented, studied and classified. Taking into account the generalization of scientific views, conclusions are drawn regarding possible forms of pluralism of law, its significance for society, its social groups, individuals, as well as prospects for increasing or decreasing pluralism of law. Conclusion. It is concluded that the pluralism of law does not reflect all social and legal diversity, and is not only a positive or negative phenomenon. Certain specific forms of pluralism of law should be assessed as contradictory, but quite natural (inevitable, necessary) for a certain historical moment of the situation. On the one hand, they may arise as a temporary phenomenon during the formation or disintegration of a large society. On the other hand, stable societies, especially complex, multi-component ones, are also inherent on a limited scale. Within the framework of the State, some forms of pluralism of law may have a positive meaning, while others may play a negative role. This phenomenon also has an ambiguous meaning for social groups belonging to societies and individuals.

Convergence of Customary, Islamic and State Law in Sasak Community Marriages

This research examines the interaction between customary law, Islamic law and state law in the context of marriage in the Sasak community, Lombok, Indonesia. Through a descriptive qualitative approach, this research collects data using in-depth interviews, participant observation, and documentation studies to understand the complex dynamics of interlegality. The research results show that the Sasak people actively navigate the tensions and synergies between the three legal systems in their marriage practices. Legal conflicts often arise from differences in the interpretation and application of customary, Islamic and state law, especially in aspects of dowry, inheritance and child custody. The Sasak people use mechanisms such as mediation by traditional and religious leaders and adaptation of customary legal practices to resolve this conflict. This research provides important insights into how multicultural societies such as the Sasak manage their legal diversity, which can help in the development of legal policies that are more inclusive and sensitive to cultural diversity in Indonesia.

The New Harmonized Protection of Creditors in Cross-Border Mergers

Abstract This article scrutinizes the new harmonized regime of creditor protection in cross-border mergers under Art. 126 b of Directive 2019/2121. The risks that creditors face at a cross-border merger revealed the need for harmonization. The previous regime based on old Art. 121(2) of Directive 2017/1132 together with old Art. 121(1)(b) of Directive 2017/1132 referred to national law with regard to the protection of creditors in cross-border mergers, which resulted in legal diversity at EU level. The new harmonized rules are analyzed. More specifically, this article examines creditor protection through the disclosure of the solvency declaration and the common draft terms of the cross-border merger and creditor protection through the possibility of dissatisfied creditors to apply for adequate safeguards. The argument that other national law mechanisms of general company law or civil law are available in parallel with the special harmonized provisions on protection of creditors of Art. 126 b could be underpinned by the application by analogy of the findings of the CJEU in I.G.I. Srl. Various other aspects of creditor protection are examined, such as the notion of creditor and the rebuttable presumption of Art. 126b(3) of the Proposed Directive. Additionally, a few proposals to Member States for the implementation of the new provisions of creditor protection in cross-border mergers are discussed. Some future perspectives on the possibility of full harmonization in this area and a few concluding remarks are inferred.

CONFLICT RULES OF PRIVATE INTERNATIONAL LAW IN RUSSIA AND BULGARIA: A COMPARATIVE ANALYSIS

The main differences in the internal conflict rules of private international law in Russia and Bulgaria areidentified and considered. According to the authors, legal diversity lies in the sources of conflict regulation,the mutually exclusive content of individual conflict rules of the two countries, the level of completenessand quality of conflict regulation, as well as the conflict of qualifications of some legal concepts. Eachmanifestation of diversity is illustrated by references to the relevant conflict rules.

PLURALISME HUKUM SEBAGAI MODEL PEMBANGUNAN HUKUM YANG BERKEADILAN

Legal diversity is evident in Indonesian criminal law, which is based on colonial law, and the existing social structures in the country. Furthermore, the 1945 Constitution specifies that as long as customary law groups exist, the state respects and preserves them and their historical rights. To accommodate written and unwritten conventions, diverse legal politics messo (intermediaries) implement macro-legal politics through various legislation. According to Agrarian Law, for example, there has been little recognition that customary law exists. The evolution of Indonesian law depends on recognizing and promoting the country's substantial plurality of legal systems.

From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice*

AbstractThe Lisbon Treaty emphasized the importance of subsidiarity control in relation to the Area of Freedom, Security and Justice (AFSJ). The article demonstrates that the types of reasoning national parliaments use to raise subsidiarity objections in the AFSJ depend less on the institutional strength of national parliaments in EU affairs and more on the institutional evolution and material scope of EU proposals. Relying on the AFSJ case, the article shows that national parliaments use a narrow legal interpretation of subsidiarity when the EU legislation threatens Member States' legal traditions and State powers. However, concerns about the respect of national legal diversity are replaced by a more political approach to subsidiarity control when politically sensitive and contentious issues are at stake.

Legal Diversity at the International Criminal Court

Abstract The procedural law of the International Criminal Court (ICC) combines common law and civil law concepts in a ‘unique compromise’. It gives the judges broad discretion to determine which adversarial and inquisitorial elements fit best into the overall system of the Rome Statute. In exercising their discretion judges cannot, of course, deny their legal background. However, sticking to the familiar practice is an impediment to the effective procedural functioning of the Court. To find meaningful solutions within the legal framework of the ICC requires instead an attitude based on the assumption that no legal system is superior to the other and the ability to doubt legal concepts that one might consider as self-evident. To this end, it is necessary that judges develop an understanding of the procedural system that they have not experienced in their former professional life. The article discusses nine examples of the procedural law and practice of the ICC — from the role of the prosecutor to victims participation — and examines the reasons for, and implications of, the transfer of adversarial and inquisitorial elements into the ICC`s statutory framework.

The Leadership Council on Legal Diversity: Realizing the Vision

The Leadership Council on Legal Diversity: Realizing the Vision