Violation Of Public Order Research Articles

Protection of constitutional rights of man and citizen from criminal attacks committed in public spaces (using the example of the activities of the investigative department of the Investigative Committee of the Russian Federation for the Leningrad Region)

The article, based on an analysis of the work carried out by the investigative body to investigate criminal cases under a number of articles of the Criminal Code of the Russian Federation, affecting the interests of the public, including children, analyzes the problem of limiting the procedural capabilities of investigators by the rules on jurisdiction, manifested in cases of violation of public order in public spaces and facts of traffic — transport accidents. Taking into account the study, it is concluded that it is advisable to supplement the list of crimes that the Investigative Committee can investigate with Articles 213 and 264 of the Criminal Code of the Russian Federation, the alternative jurisdiction of which will allow, when responding to incidents, to immediately give a criminal legal assessment of the activities of officials of the prevention agencies or check the compliance of the services provided by the carrier life safety and health requirements for consumers.In addition, taking into account the expansion of the coverage of situations that become the subject of inspection by the Investigative Committee, increasing confidence in it from citizens, the author concludes that it is necessary to normatively assign to the investigative body the powers to take coordinating measures and issue organizational decisions that are binding on all law enforcement and government agencies on issues of combating crime.

Requisitos e limites para a aplicação da cláusula de não indenizar

This paper addresses the utility of the no-indemnity clause and its reception in Brazilian law, both legislatively and jurisprudentially. Additionally, it examines paradigmatic works dedicated to the topic, progressing towards more recent studies aimed at identifying the requirements and limitations proposed for the validity of the clause. The article analyzes the boundaries concerning violations of public order and mandatory norms, including protection of life and physical integrity, fraud or gross negligence, limitation/exoneration of the duty to indemnify, and economic balance of the contract. The objective is to provide doctrinal and jurisprudential elements and foundation for the analysis of the validity of a clause intended to be stipulated or accepted within the scope of business transactions in the corporate sector.

FROM THE CONCEPT OF THE DRAFT POLICE CHARTER OF THE RUSSIAN EMPIRE TO ITS STRUCTURE AND CONTENT: VIEWS OF MEMBERS OF THE COMMISSION OF SENATOR A.A. MAKAROV (1906-1917). PART 5. RESPONSIBILITIES OF THE POLICE OF THE RUSSIAN EMPIRE TO MAINTAIN IMPROVEMENT AND ORDER IN PUBLIC PLACES (STREETS, SQUARES, BOULEVARDS, EMBANKMENTS, BRIDGES, CANALS, HIGHWAYS AND WATERWAYS)

The complex of responsibilities assigned to the police by the norms of the fourth section of the draft Police Charter is considered. These responsibilities are related, on the one hand, to monitoring the improvement of streets, squares, boulevards, embankments, piers, as well as other components of the infrastructure of the population, and, on the other hand, to ensuring the personal safety of the population and maintaining public order in crowded places. Prevention of unreasonable noise, singing, shouting, rioting, any unauthorized acts aimed at violence and causing disturbance on the streets, squares or other public places, or at least outside these places, but in violation of public order and tranquility. The measures taken by the police in relation to direct traffic participants and vehicle owners are highlighted. Separately, such areas of police activity are designated as ensuring a healthy lifestyle for citizens: preventing drunkenness; confiscation of mentally ill persons and persons who are intoxicated in public places; suppression of the use of obscene words and expressions, attempts to abuse domestic animals. Separately, the author highlights purely police means of establishing proper order in public places, including dispersing unruly crowds and attracting troops. The responsibilities of the police of the Russian Empire to prevent beggary, loitering, measures taken to prevent these offenses, as well as to suppress the unlawful behavior of gypsies (arrangement of tents, tents, leading a nomadic lifestyle) are given.

APAKAH ONDEL-ONDEL SEBAGAI WARISAN KEBUDAYAAN DALAM PERLINDUNGAN HUKUM KEKAYAAN INTELEKTUAL KOMUNAL ?

Ondel-Ondel is a cultural heritage that is used as a complement to various traditional ceremonies and art activities that are performing, introducing Betawi culture or art performances but at this time there is a diversion of the function of ondel-ondel art which should be an Intangible Cultural Heritage, turning into a tool for busking, begging is considered a form of violation of public order. This study aims to analyze the protection of Betawi people's rights to Ondel-Ondel art as communal intellectual property whose use by the State and examine the application of legal protection for changes in the function of Ondel-Ondel art for busking by the DKI Jakarta government. This research uses normative juridical research. The protection of the Betawi people's rights to the art of Ondel-Ondel as Communal Intellectual Property, Traditional Cultural Expressions, by the state is still unclear and needs an explanation of the rules for the application of the state as a holder and who protects EBT and needs to involve indigenous peoples, as holders of EBT, in order to protect the ownership of Communal Property and concrete actions of the State in collaboration with the local community, public awareness, supervision and provide strict sanctions against violations of public order. Keywords: Ondel-ondel; Order; Communal.

Conditions for the provision of psychiatric care under compulsion: civil law aspect

The article is devoted to the issues of compulsory psychiatric care and ensuring the legitimate rights and interests of a person suffering from mental disorders and subjected to compulsory medical measures. It is noted that the level of a person’s mental health is determined by the influence of many factors – social, biological and psychological. The analysis of current legislation and specialised literature are allowed the author to argue that the issue of mental health of people, the population as a whole, is relevant today also because humanity is faced with various stress factors which can negatively affect human health, and in particular, mental health, worsen the moral and psychological climate in the family due to illness or death of loved ones, devastating natural disasters with a huge number of victims, military conflicts, military operations, including in Ukraine, which entail huge human losses and cause suffering for many.
 The author is substantiated the conclusion that compulsory psychiatric care is possible and necessary on the following grounds: the presence (assumption) of an acute mental illness or exacerbation of a chronic mental illness requiring inpatient treatment; danger of a mentally ill person to others or to himself/herself (psychomotor agitation with a tendency to aggressive actions, systematic delusional syndromes if they determine the patient’s socially dangerous behaviour, depressive states with suicidal tendencies, epileptic status, manic and hypomanic states that cause violations of public order or aggressive behaviour towards others, etc. etc.); inpatient examination (labour, military, forensic psychiatric).

ПРО ЗАСТОСУВАННЯ СУДАМИ КАТЕГОРІЇ «ПУБЛІЧНИЙ ПОРЯДОК» ЩОДО РІШЕНЬ МІЖНАРОДНОГО КОМЕРЦІЙНОГО АРБІТРАЖУ

The article examines the negative tendency towards excessive interference of state courts of Ukraine in international commercial arbitration by cancelling and refusing to enforce arbitral awards on grounds that go beyond the principle of legal certainty as an element of the Rule of Law. It was concluded that the expansive interpretation of the category of public order, applied in some decisions of the Supreme Court, will prevent the normal functioning of international commercial arbitration as an alternative way of commercial disputes' resolution in Ukraine, which not only undermines the investment prospects of Ukraine's economy, but also destroys the possibility of classifying Ukraine as a legal systems of civilized countries of the world, creates ample opportunities for abuses in the process of contesting and recognizing in Ukraine decisions of international commercial arbitration. It is substantiated that a violation of public order as a basis for refusing to recognize and enforce international commercial arbitration awards in Ukraine can be qualified in the case of clear disregard for direct prohibitions established by the state regarding the protection of sovereignty, fundamental human rights and freedoms. One of the ways to solve these problems is to the establish a legal ban on the execution of an arbitral awards in favour of the occupying country and persons related with it. Types of violations of the arbitration procedure as grounds for contesting an international commercial arbitration award or refusing to enforce it are comprehensively regulated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and cannot be based on expansive interpretation by the court of the arbitration procedure from the point of view of compliance with the norms established by the Civil Procedure Code and the Economic Procedure Code of Ukraine.

ДЕЯТЕЛЬНОСТЬ ТОВАРИЩЕСКИХ СУДОВ БАШКИРИИ В КОНЦЕ 1950-Х - 1980-Е ГГ.

The article examines the activities of the Bashkir ASSR friendly courts in the late 1950s - the first half of the 1980s. A brief analysis of historiography shows that the problem is insufficiently studied. The main sources were unpublished documents of the funds of the Presidium of the Supreme Soviet of the Republic and the Bashkir Regional Council of Trade Unions - bodies that control the work of friendly courts, as well as materials of the periodical press. The growth in the number of friendly courts was characterized by instability, then increased, then decreased. The same applies to members of friendly courts. The friendly courts considered minor civil cases, including in the family and household sphere. Interference in the private life of citizens was especially characteristic of the 1950s and 1960s, after which it weakened. In the 1970s, the friendly courts considered absenteeism, violations of public order, labor discipline (appearance in a drunken state at work), petty theft and others at their meetings. The most common measures of influence used by friendly courts were public apology, warning, public censure and reprimand. However, in the 1970s the importance of fines and applications for transfer to a lower-paid job is increasing. There were many shortcomings in the work of the friendly courts: some of them were inactive for years, others exceeded their powers. In the 1970s and 1980s, friendly courts dealt with only 10 to 20 percent of offenses, which testified to the insufficient effectiveness of the institute of friendly courts. Most minor offenses went unpunished. The activities of the friendly courts were formally under the control of the party, Soviet, judicial and trade union bodies. However, this control was often insufficient, especially in the late 1950s - early 1960s. The author distinguishes two periods in the activities of friendly courts: 1) the end of the 1950s - the first half of the 1960s, marked by their greatest activity; 2) the second half of the 1960s - the mid-1980s, when the courts were increasingly "carried away" by administrative measures of influence.

The problem of ensuring freedom of conscience and religion by law enforcement agencies of Scandinavian countries in modern conditions: public law aspect

The article deals with the problems of legal regulation of relations in the Scandinavian states in the field of freedom of conscience and religion. The reason for addressing this topic was the public actions on the burning of the Koran that took place in Denmark and Sweden in 2023, which demonstrated the inability of law enforcement agencies and civil society of the Nordic countries to prevent a violation of public order, as well as the violation of fundamental rights and freedoms of the individual. The object of the study was both the legislation of the Kingdoms of Denmark and Sweden regulating relations in the religious sphere, and law enforcement practice. The article is based on the latest empirical data and research results, most of which have not been translated into Russian. As a result of the analysis of the current legislation of the Scandinavian states, it was concluded that the norms of public law do not correspond to the level and nature of public relations in the religious sphere. The norms of international and European law incorporated into the national legislation of the Scandinavian countries are also ineffective. An additional obstacle is the traditions of a society that recognizes everyone's right to free expression of opinions and thoughts. In order to prevent public events in the religious sphere that are openly extremist in nature, it is necessary to modernize the relevant legislation of the Scandinavian states. At a minimum, it is necessary to expand the powers of law enforcement agencies to ban such events as threatening the national interests of the Nordic countries.

Criminal Law Counteraction to Hooliganism in View of Changes to Legislation

The latest edition of the norm on criminal liability for hooliganism has been in force for two years. It is now necessary to assess the criminological situation of counterac­ting this crime and the practice of enforcing Art. 213 of the Criminal Code of the Russian Federation. In order to conduct this assessment, the authors monitored the enforcement of the abovementioned Article and studied 100 publicly available verdicts that were issued by the courts of the Russian Federation for the crimes committed after January 10, 2021. The monitoring was carried out in November–December 2022 using continuous sampling. The study of official statistics showed that there are positive changes in counteracting criminally punishable hooliganism. The express analysis of the results of monitoring court verdicts allowed the authors to identify a number of interesting regularities in the dynamics of criminological indices of hooliganism. The criminal law research of court verdicts showed that, after Art. 213 of the Criminal Code of the Russian Federation was amended at the end of 2020, the old law enforcement problems (qualifying an action as a gross violation of public order, identifying the motive for hooliganism) were aggravated by the new ones (establishing the features of armed hooliganism, qualification of hooliganism in conjunctions with crimes against a person). Since the goal of the monitoring consisted in uncovering the contradictions in law enforcement, the authors limited themselves to identifying the problems and, in this connection, drew the attention to the necessity of special clarifications from the Supreme Court of the Russian Federation.

Neprijateljska propaganda, napadi na organe reda i propagandno delovanje stranih obaveštajnih službi u socijalističkoj Jugoslaviji 1953–1973.

The article analyzes the enemy propaganda and the violation of public order and peace, as well as the secret services’ propaganda activities as a form of resistance and subversion towards the regime in Serbia and Yugoslavia by the early 1970s. With illegal forms of active resistance eradicated until the beginning of the 1950s, dissatisfaction mostly manifested itself through an increased number of enemy propaganda acts and the attacks on law and order authorities. Unlike those from the time immediately after the war, the culprits of these deeds were to be found predominantly among the young people who grew up after the war, and who mostly originated from communist families. The phenomena to blame for “corrupting Yugoslav youth” were to a significant extent the activities of “foreign intelligence agencies”, as well as the activities of Yugoslav political emigration.

공동주택 과태료 부과 실태 및 개선방안 연구

The purpose of this study is to analyze the status of administrative fines imposed for violations of the 「Multi-Family Housing Management Act」. This study used the audit performance of twenty six local governments in Seoul, Incheon and Gyeonggi. The data was collected through request “Public Information Disclosure Portal”. The main findings of this study can be summarized as below. First, only 5% of apartments were audited. Second, the audit implementation rates and results differed by districts and periods. Third, although the reasons for receiving administrative action were generally similar, the results of the housing management audit varied. This study suggests the following measures: first, activating management guidance before imposing fines; second, establishing and operating a Deliberation Committee on Imposition of Fines for Multi-Family Housing Management by the government; and third, revising the criteria for fines in the 「Multi-Family Housing Management Act」 to conform with the「Act on the Regulation of Violations of Public Order」. In the absence of objective data on the audit of multi-family housing management, the information on audit results collected for this study is meaningful in and of itself.

KETIDAKPASTIAN HUKUM DALAM PENYELESAIAN SENGKETA BISNIS INTERNASIONAL MELALUI ARBITRASE INTERNASIONAL DI INDONESIA

In business activities, one of the considerations for international business partners is the legal certainty of a country. This study aims to analyze the causes of legal uncertainty in settlement of international business disputes through international arbitration in Indonesia. This research is descriptive of the type of normative legal research. The data used to examine the issues under study include regulations related to legal certainty in settlement of disputes through international arbitration and secondary legal materials in the form of scientific works and the results of research by legal experts, especially those related to international arbitration. The approach used is a statutory approach, especially the AAPS Law. Data was collected through a literature study, then analyzed qualitatively. The findings of this study are that legal uncertainty in settlement of disputes through international arbitration occurs due to inconsistencies in implementing the provisions of the AAPS Law, particularly concerning the recognition and enforcement of international arbitral awards. In addition, there are no clear limits on violations of public order as a condition for international arbitral awards to be implemented in Indonesia

ЗАДАЧИ ОРГАНИЗАЦИИ ДОРОЖНОГО ДВИЖЕНИЯ ПРИ ВОЗНИКНОВЕНИИ ИНЦИДЕНТОВ ВО ВРЕМЯ ПРОВЕДЕНИЯ ГОРОДСКИХ МАССОВЫХ МЕРОПРИЯТИЙ

Mass urban events imply a large number of participants in a certain area, which increases the risk of emergency situations. Among the most likely types of emergencies possible during mass urban events are: fires, panic, stampede, blocking of roads and objects of the road network, group violations of public order, traffic accidents, terrorist acts. The emergencies listed above have an impact on the traffic flows behavior. This article discusses the tasks of traffic management in an emergency during mass urban events, for the fastest and most effective response and elimination of the emergency consequences.

Ugrožavanje sigurnosti i ugrožavanje bezbjednosti u kaznenom pravu Republike Srpske - sličnosti i razlike

In the positive legal system of the Republic of Srpska, endangering to safety and endangering to security are regulated as two different criminal offenses, in such a way that endangering safety is prescribed as a criminal offense against the freedoms and rights of citizens, while endangering to security (threat of an attack on life, body or property) is prescribed as misdemeanor against public order and peace. The paper will analyze both of these criminal acts, with the aim of highlighting the similarities and differences between them and possibly, after that analysis, determining whether there is still a need for both acts, prescribed in this way, to exist in positive legal system. The author proposes de lege ferenda to correct the legal description and name of the misdemeanor endangering security by threatening to attack life, body or property in such a way that this misdemeanor only bears the name of threat and that the legal description expressly states that the place of execution is a public place or prescribe as consequence a violation of public order and peace or to decriminalize this misdemeanor because everything that this offense currently provides protection for is already sufficiently and adequately protected by the criminal offense of endangering safety.

Soviet stadium as a space of competition of official and informal models of behavior on the example of Kyiv (1950–1980)

The article considers the peculiarities of the strategies of behavior of fans in Soviet stadiums in the postwar period. On the example of the city of Kyiv and the “Republican” stadium, an analysis of the competition between officially permitted, acceptable models of behavior and alternatives to them, which took place during football matches, is conducted. The Soviet stadium during football matches was a kind of point of “inaccessibility” for the authorities. Watching matches at the stadium was accompanied by a more intense public display of emotions, in contrast to other sports spectacles (for example, a physical culture parade).Before the start of «perebudova» and the announcement of “glasnist”, the official press kept silent about the real situation in the stadiums and the scale of the conflicts that arose after the matches. Also, it ignored any unusual forms of manifestation by fans of their football-related identity (for example, a march of spectators through the city after the match). Violence in stadiums, “incorrect behavior” (such as insulting football players, songs with obscene language) could not be part of the official Soviet spectator culture. The deconstruction of the image of the “good” fan created by Soviet propaganda and its comparison with the materials of oral historical interviews leads to the conclusion that the practices of Soviet fans in and out of the stadium on the day of the match undermined the government’s monopoly on the city.The widespread popularity of football in the Soviet Union and its widespread discussion contributed to the construction of fan communities, the identity of which was formed by opposing the support of “our” against “foreign”, hostile teams. The principled nature of football matches for interested Soviet citizens turned the review of games at the stadium into a place of emotional demonstration of the fans’ identity. Violations of public order, collective “celebrations” or demonstrations of dissatisfaction with the results of the game, spontaneous marches from the stadium after the match became part of the unconscious resistance to the established models of “correct behavior”.The context of “perebudova”, the lack of prepared reaction of law enforcement officers led to the escalation of the conflict and, in fact, to the actual and symbolic appropriation of urban space by Kyiv fans during the clashes.

Impact of The Covid-19 Pandemic On Law Enforcement of Violations For Violati Ons of Public Obligations In The City of Denpasar

The purpose of this study is to examine and understand violations of public order during the covid-19 pandemic and to find policies carried out in law enforcement against violators. The economic impact of the COVID-19 pandemic has been felt by the community. People try to make a living with various businesses such as selling by choosing strategic locations on the roadside. Selling on the roadside, if it is associated with existing regulations, can be subject to sanctions for violating public order. The research method is carried out with the type of empirical legal research, with data collection techniques through interviews and recording. Based on the results of the study, during the Covid-19 period which had a very broad impact on the lives of residents, many people lost their source of livelihood because their workplace was unable to operate. In order to make a living, many people end up selling various kinds of merchandise on the side of the road. In Denpasar City, selling cars on the side of the road is prohibited in accordance with the provisions of Article 22 paragraph (1) of Denpasar City Regional Regulation Number 1 of 2015 concerning Public Order. The maximum penalty is 3 (three) months in prison or a maximum fine of Rp. 25,000,000, - (twenty five million rupiah) as stipulated in the provisions of Article 60 paragraph (2) of Denpasar City Regulation Number 1 of 2015. Law enforcement against violators cannot be carried out optimally because there is a special policy from the Mayor during the period of the pandemic is pursued in persuasive ways and emphasizes humanitarian considerations

Impact of The Covid-19 Pandemic On Law Enforcement of Violations For Violati Ons of Public Obligations In The City of Denpasar

The purpose of this study is to examine and understand violations of public order during the covid-19 pandemic and to find policies carried out in law enforcement against violators. The economic impact of the COVID-19 pandemic has been felt by the community. People try to make a living with various businesses such as selling by choosing strategic locations on the roadside. Selling on the roadside, if it is associated with existing regulations, can be subject to sanctions for violating public order. The research method is carried out with the type of empirical legal research, with data collection techniques through interviews and recording. Based on the results of the study, during the Covid-19 period which had a very broad impact on the lives of residents, many people lost their source of livelihood because their workplace was unable to operate. In order to make a living, many people end up selling various kinds of merchandise on the side of the road. In Denpasar City, selling cars on the side of the road is prohibited in accordance with the provisions of Article 22 paragraph (1) of Denpasar City Regional Regulation Number 1 of 2015 concerning Public Order. The maximum penalty is 3 (three) months in prison or a maximum fine of Rp. 25,000,000, - (twenty five million rupiah) as stipulated in the provisions of Article 60 paragraph (2) of Denpasar City Regulation Number 1 of 2015. Law enforcement against violators cannot be carried out optimally because there is a special policy from the Mayor during the period of the pandemic is pursued in persuasive ways and emphasizes humanitarian considerations

OFFENSES IN THE ECONOMY OF THE REPUBLIC OF SRPSKA

Under the economic torts in general we mean various abuses and illegal actions in economic and financial business, ie acts directed against the economy in the broadest sense. Theoretically, there is a distinction between economic offenses in the narrower and broader sense. According to the narrower understanding, economic crimes are only criminal acts committed in the economy, ie. criminal offenses against the economy and payment transactions as defined in the Criminal Code. On the other hand, according to a broader understanding, economic torts mean all criminal offenses that are prosecuted in court or by other competent authorities. According to this broader understanding, economic offenses include criminal offenses against the economy, but also economic offenses. Article 2 of the Law on Misdemeanors defines a misdemeanor as an illegal act that constitutes a violation of public order or regulations on economic and financial operations, and which is prescribed as such by law or other regulation. Economic misdemeanors therefore represent a special category of criminal offenses against economic and financial operations (a category that previously existed as an independent offense called economic crime and which as such still exists in neighboring countries, such as Serbia). In this regard, the intention of the authors is to point out in the paper the numerous economic violations prescribed by numerous laws and other harsh acts, which are pronounced in the daily work of the bodies responsible for control and inspection.

Legal problems of protection of land plot possession under real estate object

The article is devoted to the issue of protection of state and communal land plot possession under real estate in situations where the private owner of real estate has neither ownership nor the right to use such land, and the authorized owner (state or local community) does not transfer such right or transferred it to a third party. 
 The author examines the phenomenon of land possession under real estate in the context of the principle of unity of the legal fate of the land and real estate located on it. According to the author, in determining the model of protection of land possession under real estate, this principle is the starting point for building such a model.Possession of land plot under real estate in terms of “registration” and “actual” models of ownership is analyzed in the article. According to the author, the disposal of land plot from “registration” possession is impossible only due to the change in the register of landowners, because possession of land plot by the owner of real estate located on it is fixed (and announced) directly by law and record of ownership on the real estate.The author explores an alternative approach to determining the rights of the real estate owner in relation to the land plot under it, namely the property “right of expectation”. According to the author, such an approach is currently controversial in terms of the systematics of real property rights and the specifics of their protection.The article examines the specifics of the subject and grounds of the claim in the event when the owner of the land transferred the right to land not to the owner of the real estate, but to a third party. The author substantiates the approach according to which in such cases a proper way of protection will be a lawsuit to remove obstacles, and the legal grounds of the claim may be fictitious transaction, violation of public order and fraud.The author also pays attention to the modern understanding of the discretion of the powers of the authorities and expresses the opinion that in modern realities in some cases the courts must meet the requirements by which government decisions are recognized as adopted and permits issued.

“Public Order” as Grounds for Refusal in the Recognition and Enforcement of a Decision in International Commercial Arbitration: Ukrainian Realities and International Experience

Background: The question of recognition and enforcement of international commercial arbitration (ICA) decisions, as a prototype of a foreign court decision, finds radically opposite answers in different legal systems and in the doctrine of the ICA. Thus, in the Regulation of the Council (EU) 44/2001 of 22 December 2000 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters, formerly the Brussels Convention of 1968 and the Lugano Convention of 1988, the notion of ‘arbitration’ was excluded from the sphere of execution and recognition of foreign court decisions. Methods: Nevertheless, the procedure for recognising and enforcing an ICA award has a unified approach in many countries around the world. Thus, national courts, when deciding on the recognition and enforcement of an ICA award, are increasingly faced with such problematic issues as the grounds for refusing to recognise and enforce such an award. This article reveals that these grounds for refusing to recognise and enforce the award of the ICA are a violation of public order of the country where the arbitral award is subject to recognition and enforcement. Particular attention is paid to the distinction between ‘substantive’ and ‘procedural’ public order and the practical approaches of national courts in some countries to this issue. Results and Conclusions: The authors state that the way to overcome this inconsistency is still a unified approach to understanding ‘public order’ in all member states of the New York Convention of 1958 and clearer international regulation of this issue.