Relevant bibliographies by topics / Conflict of laws

Academic literature on the topic 'Conflict of laws'

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Published: 4 June 2021
Last updated: 1 August 2024

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Journal articles on the topic "Conflict of laws"

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Reese, Willis L. M., Eugene F. Scoles, and Peter Hay. "Conflict of Laws." American Journal of Comparative Law 33, no. 2 (1985): 332. http://dx.doi.org/10.2307/840211.

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Amir, Farah, Saeeda Mirbaz, and Barkat Ali. "ARMED CONFLICT LAWS: PROTECTING CHILDREN ISLAMIC PERSPECTIVE." Pakistan Journal of Social Research 05, no. 02 (June 30, 2023): 123–31. http://dx.doi.org/10.52567/pjsr.v5i02.1117.

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Armed conflicts are as old as humanity itself. In past, regular armies were not established. The individuals, ordinarily the adults of hostile tribes, were used to participate in armed conflicts. However, the participation of children was also common in certain situations. Although children would not have been active participants, they were engaged as a strategic tool in armed conflicts and proved to be the most vulnerable segment in such a situation. With the passage of time, regular armies have been established including children. However, the recruitment of children is restricted below a particular age. In Islamic law, primarily adult members are considered combatants, and children have been given immunity. However, in the case of their engagement in armed conflicts, certain principles have been established to deal with them. This paper identifies the principles and rules of Islamic law protecting children in armed conflict matters. Keywords: Armed, Conflicts, Children, Islamic, Law, Protection, Right
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Amir, Farah, Saeeda Mirbaz, and Barkat Ali. "ARMED CONFLICT LAWS: PROTECTING CHILDREN ISLAMIC PERSPECTIVE." Pakistan Journal of Social Research 05, no. 02 (June 30, 2023): 123–31. http://dx.doi.org/10.52567/pjsr.v5i02.1175.

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Armed conflicts are as old as humanity itself. In past, regular armies were not established. The individuals, ordinarily the adults of hostile tribes, were used to participate in armed conflicts. However, the participation of children was also common in certain situations. Although children would not have been active participants, they were engaged as a strategic tool in armed conflicts and proved to be the most vulnerable segment in such a situation. With the passage of time, regular armies have been established including children. However, the recruitment of children is restricted below a particular age. In Islamic law, primarily adult members are considered combatants, and children have been given immunity. However, in the case of their engagement in armed conflicts, certain principles have been established to deal with them. This paper identifies the principles and rules of Islamic law protecting children in armed conflict matters. Keywords: Armed, Conflicts, Children, Islamic, Law, Protection, Right
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Petrov, A. A. "COMPLEX CONFLICTS OF LAW AND HOW TO DEAL WITH THEM: REVIEW OF THE MONOGRAPH BY A.S. GAMBARYAN AND L.G. DALLAKYAN "CONFLICT OF LAW RULES AND THEIR COMPETITION" (MOSCOW: YURLITINFORM PUBL., 2019. 160 P.)." Lex Russica, no. 11 (November 22, 2019): 155–63. http://dx.doi.org/10.17803/1729-5920.2019.156.11.155-162.

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The reviewed monograph is devoted to the theoretical and legal puzzle — complex conflicts of law (coincidence of conflicts, competition of conflict of laws). The book contains a number of valuable ideas on the topic of research. In particular, the authors correctly distinguish between positivized conflict-of-laws rules and principles (maxims) developed by lawyers to overcome conflicts (conflict-of-laws rules of interpretation), which may be inconsistent with each other. This gives rise to complex conflicts. The authors successfully demonstrate this by the example of the complex fate of the lex posteriori derogat priori principle in the legal system of Armenia. The work provides a comparative legal study of the legal regulation of the resolution of conflicts of norms, including complex conflicts, in the post-Soviet States. The hierarchical system of conflict criteria proposed by the authors to overcome complex conflicts of law is very interesting. In addition, the monograph describes in detail the problems of "non-systemic conflicts" in law, which are understood as antinomies of principles and norms of law and inconsistency between the principles of law. At the same time, there are a number of controversial theses in the work, for example, on the priority of the humanistic substantive criterion of conflict resolution over traditional legal criteria (such as lex superior, lex specialis, lex posterior); on the need to allocate competence and industry criteria as separate criteria for overcoming conflicts; on the restrictive author’s interpretation of the scope of application of the lex specialis conflict principle. These controversial ideas are criticized in the review in a well-reasoned manner.
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Joerden, Jan C. "Pflichtenkollision bei Achenwall/Pütter." Rechtsphilosophie 6, no. 4 (2020): 399–408. http://dx.doi.org/10.5771/2364-1355-2020-4-399.

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In § 116 of Achenwall/Pütter Elementa Iuris Naturae the following possibilities of conflicts of duties are listed: “There can be a conflict 1. of prohibiting laws with each other, 2. of prescribing laws with each other, 3. of prescribing laws with prohibiting laws.” It will be examined in this article, whether the three theses can be made plausible by examples, and especially, whether thesis No. 1 is convincing in relation to the idea that perfect duties (or prohibiting laws) cannot come into conflict with each other. Fur­thermore the thesis of Immanuel Kant in his Metaphysics of Morals will be discussed, that there is no conflict of duties at all, but only a “contradiction of reasons of binding­ness”. Finally, the argument of Achenwall/Pütter, that the well known duty “bring your­self to perfection!” (Latin: “perfice te!”) may come into conflict with duties in respect to others, and that an argument for a right to act against others in cases of necessity can be given in this context (cf. Achenwall/Pütter, §§ 118, 205, 296).
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Rammeloo, Stephan. "Book Review: Conflict of Laws." Maastricht Journal of European and Comparative Law 9, no. 1 (March 2002): 104–7. http://dx.doi.org/10.1177/1023263x0200900106.

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Harvey, Cameron. "Succession and Conflict of Laws." Manitoba Law Journal 31, no. 1 (January 1, 2005): 67. http://dx.doi.org/10.29173/mlj732.

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Isaev, M. A. "International law argumentation in the national courts of the Scandinavian countries: doctrinal approaches." Moscow Journal of International Law, no. 4 (March 23, 2020): 91–103. http://dx.doi.org/10.24833/0869-0049-2019-4-91-103.

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INTRODUCTION. In modern legal science the problem of the effect and implementation of international law in national legal systems is one of the most popular areas of research. This article is devoted to the consideration and critical analysis of doctrinal assessments of the application by courts of general jurisdiction of the Scandinavian countries of the international legal norms , as well as their possible approaches to resolving conflicts between the norms of international and national law.MATERIALS AND METHODS. The method of comparative law has been used in present essay as a special logical mechanism that permits us to construct a system of rules relating to conflict of laws. Especially these rules are the tertium comparationis in a case of conflict between international and domestic law in municipal courts, as it is going through the formula of induction (analogy): if A is B, and B is C, so A is C.RESEARCH RESULTS. Traditionally international law suggests two ways of solving the problem in a case of the conflict of laws: monistic and dualistic doctrines. But these doctrines are not realizable in a pure form because of their inner contradiction. The main cause of this contradiction is the impossi bility to join interests of the subjects of international law with each other. Taking the doctrine of Interessenjurisprudenz as a ground of our further reasoning we have found the third point, we were searching for: just – the mechanism of elaborating the special remedies by which the conflict of interpretations has to be solved. The main remedy is the overcoming (in a logical sense) the law of excluded the third in the form of analogy. So, we can formulate a construction of the rules relating to conflict of laws in international public law by the analogy with the international private law. The nature of these rules is coincided with the such norms as _esuetu iuris cive necessitates and general principles of law. Especially that permits us to avoid the conflict of interpretation of the two legal orders, that can be caused by the “double standards” and “soft power” doctrines.DISCUSSION AND CONCLUSIONS. The above mentioned analysis permits us to formulate some general principles to established the system of rules relating to conflict of laws. The main cause of them will be following logical premise: the conflict of laws is based on the conflict of interests. That can be evidently by the interpretation rules in a conflict. Interpretation has the aim to harmonized conflicting orders on the ground of the general principles of law relating to municipal and international law. Conflict of laws can be solved through the general principles of law, especially in the case of fundamental contradiction. Conflict of laws can be formulated by the analogy. Conflict of laws can’t be interpreted in teleological way.
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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Informatologia 52, no. 1-2 (June 30, 2019): 45–54. http://dx.doi.org/10.32914/i.52.1-2.5.

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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues
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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Media, culture and public relations 10, no. 1 (March 31, 2019): 57–66. http://dx.doi.org/10.32914/mcpr.10.1.6.

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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues.
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Dissertations / Theses on the topic "Conflict of laws"

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McBean, Jean 1948. "Conflict of laws and Canadian matrimonial property redistribution laws." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63988.

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Ooi, Maisie Su Lin. "Shares in the conflict of laws." Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365525.

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Rogerson, Philippa J. "Intangible property in the conflict of laws." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.317842.

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Stingl, Harald. "Forum selection in the conflict of laws /." Wien : Verlag Österreich, 2001. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=009337363&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Lim, Yew Nghee 1973. "Towards a uniform conflict of laws regime in ASEAN governing international commercial transactions : uniformization of choice of law rules in contract and tort." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33361.

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To compete effectively in the global economy, the Association of Southeast Asian Nations [hereinafter ASEAN] needs supranational legal infrastructure that facilitates international business transactions. As such, this thesis examines choice of law issues in contract and tort in Canada, Louisiana, the Second Restatement on Conflict of Laws 1969, the United Kingdom, the Rome Convention on the Law Applicable to Contractual Obligations 1980, and Singapore. Using a proposed Model Law on contract and tort choice of law in ASEAN, this thesis will demonstrate that despite differences in the existing choice of law rules, a uniform regime may nevertheless be formulated without significant compromises. On the broader level, this thesis proposes a uniform conflict of laws regime in ASEAN. Using the analogy of contract and tort choice of law, this thesis argues that divergences may be reconciled and a uniform regime forged. It is desired that this thesis will contribute towards the uniformizing of conflict of laws in ASEAN.
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Ajibade, Babatunde Ademola. "Aspects of the intra-federal conflict of laws." Thesis, King's College London (University of London), 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.243327.

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Waldburg, Oliver. "Anpassungsprobleme im internationalen Abstammungsrecht : unter besonderer Berücksichtigung des deutsch-portugiesischen Rechtsverkehrs ; gleichzeitig eine Analyse der neuen Kollisionsnormen Artt. 19, 20 EGBGB n.F. /." Frankfurt am Main [u.a.] : Verl. für Standesamtswesen, 2001. http://www.gbv.de/dms/spk/sbb/recht/toc/324970668.pdf.

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Walker, Janet. "The constitution of Canada and the conflict of laws." Thesis, University of Oxford, 2001. https://ora.ox.ac.uk/objects/uuid:ff318f72-f634-4d80-98ea-79722e19bab7.

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This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority - one that is the product of an asymmetrical system of government in which the source of political authority is the Constitution Act and in which the source of judicial authority is the continuing local tradition of private law adjudication. The distinctive Canadian approach to judicial authority provides the foundation for federal arrangements that have obviated the need for explicit mechanisms for coordinating legal systems. It has fostered a distinctive view of court jurisdiction and of the means for determining both whether a particular court has jurisdiction to decide a matter and whether the court should exercise that jurisdiction. It has provided the foundation for a unified court system within the Canadian federation - one in which there is a strong commitment to the shared responsibility of Canadian courts to promote access to justice, to prevent forum shopping, and to resolve multiplicities of proceedings so as to secure the same respect for the administration of justice between jurisdictions as exists within jurisdictions. This approach to judicial authority has also encouraged Canadian courts to draw on their inherent jurisdiction to permit the vindication of the rights of members of the Canadian public through civil litigation, notwithstanding the lack of direct application of the Charter of Rights and Freedoms and in spite of the apparent jurisdictional impediments.
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横溝, 大., and Dai YOKOMIZO. "Patent Infringement by Multiple Parties and Conflict of Laws." 名古屋大学大学院法学研究科, 2013. http://hdl.handle.net/2237/18566.

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Berthiaume, Adèle. "No-fault automobile insurance and the conflict of laws." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66123.

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Books on the topic "Conflict of laws"

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G, Collier John. Conflict of laws. 3rd ed. Cambridge, U.K: Cambridge University Press, 2001.

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G, Collier John. Conflict of laws. Cambridge: Cambridge University Press, 1987.

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1935-, Hay Peter, ed. Conflict of laws. 2nd ed. St. Paul, Minn: West Pub. Co., 1992.

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J, Borchers Patrick, Symeonides Symeon 1949-, and Scoles Eugene F, eds. Conflict of laws. 5th ed. St. Paul, MN: West, 2010.

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F, Scoles Eugene, ed. Conflict of laws. 4th ed. St. Paul, MN: Thomson/West, 2004.

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Schuz, Rhona. Conflict of laws. 2nd ed. London: University of London, External Advisory Service, 1994.

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Mayss, Abla J. Conflict of laws. London: Cavendish Publishing, 1994.

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Peter, Hay. Conflict of laws. 4th ed. St. Paul, MN: Thomson/West, 2003.

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Richard, Fentiman, ed. Conflict of laws. New York: New York University Press, 1996.

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1963-, MacLean Robert M., and Tovey Gwyn, eds. Conflict of laws. Horsmonden: Old Bailey Press, 1996.

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Book chapters on the topic "Conflict of laws"

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Parisi, Francesco, and Erin A. O’Hara. "Conflict of Laws." In The New Palgrave Dictionary of Economics and the Law, 387–96. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_78.

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Sachdeva, Amit M. "Conflict of Laws." In Encyclopedia of Law and Economics, 314–21. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_33.

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Sachdeva, Amit M. "Conflict of Laws." In Encyclopedia of Law and Economics, 1–9. New York, NY: Springer New York, 2013. http://dx.doi.org/10.1007/978-1-4614-7883-6_33-1.

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Jaeger, Axel-Volkmar, and Götz-Sebastian Hök. "Conflict of Laws." In FIDIC - A Guide for Practitioners, 55–70. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-02100-8_2.

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Hannan, Neil. "Conflict of Laws." In Cross-Border Insolvency, 167–205. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_11.

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Kevelson, Roberta. "Conflict of Laws." In The Law as a System of Signs, 287–94. Boston, MA: Springer US, 1988. http://dx.doi.org/10.1007/978-1-4613-0911-6_22.

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Dane, Perry. "Conflict of Laws." In A Companion to Philosophy of Law and Legal Theory, 197–208. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch12.

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Ambrose, Clare, Karen Maxwell, and Michael Collett QC. "The conflict of laws." In London Maritime Arbitration, edited by Bruce Harris, 63–76. Fourth edition. | New York, NY : Routledge, 2017. | Series: Lloyd’s shipping law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315619316-5.

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Osborne, David, Charles Buss, and Joanne Champkins. "The conflict of laws." In The Law of Ship Mortgages, 71–115. 3rd ed. London: Informa Law from Routledge, 2024. http://dx.doi.org/10.4324/9781003273721-4.

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Weinberg, Inés M. "Conflict of Jurisdictions vs. Conflict of Laws." In Intercontinental Cooperation Through Private International Law, 489–500. The Hague: T.M.C. Asser Press, 2004. http://dx.doi.org/10.1007/978-90-6704-415-8_30.

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Conference papers on the topic "Conflict of laws"

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Nuhija, Bekim. "CONFLICT OF LAWS - MARRIAGE." In 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.050.

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Villata, Francesca C., and Lenka Válková. "PROPERTY RIGHTS OVER CRYPTOCURRENCIES : A CONFLICT-OF-LAWS PERSPECTIVE." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28258.

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The paper tackles the conflicts of laws on property rights over cryptocurrencies, starting from characterization issues. Building upon the distinctive nature of cryptocurrencies as “pure” de facto assets, that do not give a claim against an issuer, and the relevance of control over said assets as a suitable alternative to the traditional possession, the paper supports the characterization in terms of “assets”, over which property rights may, subject to the relevant lex causae, be constituted and enjoyed. By examining the available options for a conflict-of-law regime and considering the first legislative efforts conducted in this area of law both at the supranational and national level, the elective situs approach is identified as the most appropriate, possibly backed by some regulatory requirement, whilst different approaches are envisaged for the fall-back rule applicable to cryptocurrencies originated in, respectively, permissioned and permissionless DLT systems.
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Hemler, Adrian. "Bridging the Public-Private Law Divide in the Conflict of Laws." In COFOLA International 2022. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-1.

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As the name suggests, the methodology of private international law relates to substantive private law only. A parallel methodological system regarding public law does not exist. The paper argues that this methodological rift lacks any doctrinal justification. It concludes that there are no obstacles to all-sided conflict of laws rules in the public law domain. Since the paper finds that foreign public law is already applicable in private party cases (albeit heavily obscured), it focuses on public law relationships where a foreign state appears as a plaintiff. In this respect, it is shown why the application of foreign public law embodies an attractive compromise between legal assistance and recognition.
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Stikāne, Līga. "Eiropas Savienības starptautisko privāttiesību ietekme uz Civillikuma kolīziju normām attiecībā uz pārrobežu laulības šķiršanai un laulāto mantiskajām attiecībām piemērojamo likumu." In Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.02.

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European Union private international law contains unified conflict-of-laws rules which determine the law applicable to cross-border divorce (Rome III Regulation) and matrimonial property relations (Regulation on Matrimonial Property Regimes). While the Rome III Regulation is directly applicable in Latvia, thus replacing national private international law as regards the issues addressed therein, Latvia is not participating in the Regulation on Matrimonial Property Regimes, and hence, in Latvia, the law applicable to matrimonial property relations is still determined according to Article 13 of the Civil Law. The author of this paper explores the impact of both regulations on the conflict-of-laws rules of the Civil Law and offers several proposals with a view to improving the relevant provisions of the Civil Law.
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Alieksieiev, Maksym, and Volodymyr Kurenkov. "CONCEPT, ESSENCE AND SCOPE OF APPLICATION OF CONFLICT OF LAWS RULES." In THEORETICAL AND PRACTICAL ASPECTS OF MODERN SCIENTIFIC RESEARCH. European Scientific Platform, 2023. http://dx.doi.org/10.36074/logos-28.04.2023.16.

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Sivan-Sevilla, Ido. "Trading privacy for security in cyberspace: A study across the dynamics of US federal laws and regulations between 1967 and 2016." In 2017 9th International Conference on Cyber Conflict (CyCon). IEEE, 2017. http://dx.doi.org/10.23919/cycon.2017.8240329.

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Đorđević, Slavko. "PUNOMOĆJE DATO U INOSTRANSTVU ZA ZAKLjUČENjE UGOVORA O PROMETU NEPOKRETNOSTI KOJA SE NALAZI U DOMAĆOJ DRŽAVI – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE I MEĐUNARODNOG PRIVATNOG PRAVA CRNE GORE." In XIX majsko savetovanje. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/xixmajsko.991dj.

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Serbian and Montenegrin notaries deal very often with documents which were made abroad before foreign notary and in which the authority of an agent for conclusion of contracts for transfer of immovable property located in Serbia/Montenegro was embedded. This paper discusses the issue whether such documents are valid in respect of form (formal validity), since the rules on form of foreign law may differ from those of the laws of Serbia and Montenegro. In order to solve this issue, Serbian/Montenegrin notaries have to determine the law applicable to the form of agency. Considering that the PIL Act of Serbia and the PIL Act of Montenegro contain different conflict-of-law rules on agency and their substantive laws differently regulate the form in which agent’s authority for conclusion of such contracts has to be given, the issue is discussed from the point of view of each country respectively.
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M. Broman(), Morgan, and Pamela Finckenberg-Broman(). "Weaponized Artificial Intelligence (AI) and the Laws of Armed Conflict (LOAC)– the RAiLE© Project." In Human Interaction and Emerging Technologies (IHIET-AI 2022) Artificial Intelligence and Future Applications. AHFE International, 2022. http://dx.doi.org/10.54941/ahfe100870.

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This article critically examines the area of and contributes to the knowledge around laws and policy for the emerging technology - military application of autonomous weapon systems (AWS). Some argue that any attempt to outright ban AWS is pointless, as they are considered to be in their early concept stage, and the shape or look these may take in the future are currently unknown.(Noone and Noone, 2015) The debate on AWS can be divided into three broad approaches within the literature; ‘total ban’, ‘wait and see’ and the ‘pre-emptive’ approach. Relevant literature for the subject matter is used strive to answer the question; How do we achieve AWS/AI programming which adheres to the LOAC’s intentions of the ‘core principles of distinction, proportionality, humanity and military necessity’?
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Jarjis Khalaf Saleh, Firas, and Saja Omar Al Amr. "Conflict of Legislative and Judicial Jurisdiction in Electronic Contract Disputes - A Comparative Study." In II. Alanya International Congress of Social Sciences. Rimar Academy, 2023. http://dx.doi.org/10.47832/alanyacongress2-10.

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Contracts and deals are concluded through the Internet using computers, laptops, or any other electronic device. These contracts have been increasing day after day, and have been able to overcome the barriers of space and time by reaching most global markets in moments without moving across borders, but rather through websites. And browse through it. The electronic contract is a contract that knows no borders, which poses difficulties regarding determining the moment of its conclusion and the place of its holding, especially in the event of a difference in the nationality of the contracting parties. This led to a problem regarding determining the law applicable to these contracts, which are characterized by privacy because they are concluded via the Internet and the virtual contract council. Also, the connection between the conflict of laws and the conflict of jurisdiction has led to problems in determining the court competent to hear disputes related to these contracts, as these two issues are related to the electronic contract tainted by a foreign element.
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Dawson, Jeffrey. "Training statistics graduate students in ethics, reproducible research, and other best practices." In Teaching Statistics in a Data Rich World. International Association for Statistical Education, 2017. http://dx.doi.org/10.52041/srap.17502.

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Graduate students in many fields are required to receive formal training in scholarly integrity. Some institutions offer general courses to address this need, but statistics students may benefit from training more specific to the discipline. We have developed a “Scholarly Integrity in Biostatistics” course, which addresses the competencies mandated by several U.S. funding agencies, while emphasizing the key roles that statisticians have in collaborative research. The course meets one hour per week, and its topics include student/mentor relationships, communication skills, gender bias, conflict resolution, authorship, human and animal subjects’ issues, statistical review of manuscripts, plagiarism, copyright laws, conflicts of interest and commitment, reproducible research, and publication bias. Course credit and grades are based on attendance, class participation, short writing assignments, and a term project. The course has been offered four times, and has been received favorably by the students and by the administration.
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Reports on the topic "Conflict of laws"

1

Ruiz-Roque, Orlando. The Laws of Armed Conflict and Environmental Protection: Striking a Balance,. Fort Belvoir, VA: Defense Technical Information Center, January 1995. http://dx.doi.org/10.21236/ada298584.

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Lewis, Dustin, Gabriella Blum, and Naz Modirzadeh. Indefinite War: Unsettled International Law on the End of Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, February 2017. http://dx.doi.org/10.54813/yrjv6070.

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Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain measures governed by the laws and customs of war—including killing and capturing the enemy, destroying and seizing enemy property, and occupying foreign territory, all on a possibly large scale—would usually constitute grave violations of peacetime law. This Legal Briefing details the legal considerations and analyzes the implications of that lack of settled guidance. It delves into the myriad (and often-inconsistent) provisions in treaty law, customary law, and relevant jurisprudence that purport to govern the end of war. Alongside the doctrinal analysis, this Briefing considers the changing concept of war and of what constitutes its end; evaluates diverse interests at stake in the continuation or close of conflict; and contextualizes the essentially political work of those who design the law. In all, this Legal Briefing reveals that international law, as it now stands, provides insufficient guidance to precisely discern the end of many armed conflicts as a factual matter (when has the war ended?), as a normative matter (when should the war end?), and as a legal matter (when does the international-legal framework of armed conflict cease to apply in relation to the war?). The current plurality of legal concepts of armed conflict, the sparsity of IHL provisions that instruct the end of application, and the inconsistency among such provisions thwart uniform regulation and frustrate the formulation of a comprehensive notion of when wars can, should, and do end. Fleshing out the criteria for the end of war is a considerable challenge. Clearly, many of the problems identified in this Briefing are first and foremost strategic and political. Yet, as part of a broader effort to strengthen international law’s claim to guide behavior in relation to war and protect affected populations, international lawyers must address the current confusion and inconsistencies that so often surround the end of armed conflict.
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Jansen, Kees. Business conflict and pesticide risk regulation in Costa Rica: supporting data on laws and instructive events, 1998-2014. Wageningen: Wageningen University, Rural Sociology Group, 2017. http://dx.doi.org/10.18174/414174.

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Burniske, Jessica, and Naz Modirzadeh. Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action & Comment on the Study. Harvard Law School Program on International Law and Armed Conflict, March 2017. http://dx.doi.org/10.54813/kecj6355.

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To help determine the measurable impact of counterterrorism laws on humanitarian action, the Counterterrorism and Humanitarian Engagement (CHE) Project at the Harvard Law School Program on International Law and Armed Conflict collected data from humanitarian actors demonstrating the impact (or lack thereof) of counterterrorism laws and regulations on humanitarian organizations and their work. The Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action (by Jessica S. Burniske and Naz K. Modirzadeh, March 2017) captures the resulting initial attempt at a pilot empirical study in this domain. Modirzadeh wrote a Comment on the Study (March 2017). That Comment raises considerations for states and donors, for humanitarian organizations, and for researchers.
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Vintinner, Erin. Thirsty Metropolis: A Case Study of New York City's Drinking Water. American Museum of Natural History, 2007. http://dx.doi.org/10.5531/cbc.ncep.0020.

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New York City’s drinking water supply has evolved from private wells to a complex system of upstate reservoirs and aqueducts, although not without social and political conflict. In particular, a balance must be found between population pressures both in upstate watershed regions and downstate. This case study is based on a 1995 controversy concerning the regulation of NYC’s water quality following new national laws. Students will adopt the concerns of one of the major groups involved (government entities, upstate stakeholders, downstate stakeholders, or environment groups) to actively come to a decision, with follow up to compare their discussions with what actually occurred.
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DiMeglio, Richard P., Sean M. Condron, Owen B. Bishop, Gregory S. Musselman, Todd L. Lindquist, Andrew D. Gillman, William J. Johnson, and Daniel E. Stigall. Law of Armed Conflict Deskbook. Fort Belvoir, VA: Defense Technical Information Center, January 2012. http://dx.doi.org/10.21236/ada635481.

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7

Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism. Harvard Law School Program on International Law and Armed Conflict, September 2015. http://dx.doi.org/10.54813/hwga7438.

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The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. Against this backdrop, we evaluate international humanitarian law (IHL) protections for wartime medical assistance concerning terrorists. Through that lens, we expose gaps and weaknesses in IHL. We also examine tensions between IHL and state responses to terrorism more broadly. In studying the IHL regime applicable to medical care, substantive fragmentation and gaps in legal protection between states and across types of conflict emerge. These ruptures are not new. But they are increasingly noticeable as terrorism is more frequently conceptualized as forming part of armed conflicts and as more states undertake aggressive responses to terrorist threats. The U.N. Security Council has been a key driver of these responses, requiring member states to take more and broader steps to obviate terrorist threats. Yet so far the Council has not required that, in doing so, states fully exempt impartial wartime medical care, even in circumstances that would render such care protected under IHL. Rather, the Council seems to consider providing medical assistance and supplies to al-Qaeda and its associates as at least a partial ground for designating those who facilitate such care as terrorists themselves. The overall result today is unsatisfactory. By prosecuting physicians for supporting terrorists through medical care in armed conflicts, some states are likely violating their IHL treaty obligations. But in certain other instances where states intentionally curtail impartial medical care there is no clear IHL violation. Both those actual IHL violations and the lack of clear IHL violations, we think, are cause for concern. The former represent failures to implement the legal regime. And the latter highlight the non-comprehensiveness - or, at least, the indeterminateness and variability - of the normative framework.
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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.

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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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Lillian Rutandaro, Sherrie, Christine Lundambuyu Munalula, Rogers Otuta, and Manenji Mangundu. Lives at Risk: A study of girls dropping out of school in Juba, Rumbek and Pibor Counties, South Sudan. Oxfam, November 2022. http://dx.doi.org/10.21201/2022.9349.

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This study was undertaken by Oxfam in three South Sudanse counties as part of the SIDA-funded project 'Building Resilience through Gender and Conflict-Sensitive Approaches to Education, Skills Development, and Sustainable Livelihoods'. Its purpose was to shed light on why so many girls drop out of school. The research revealed that women and girls often lack decision-making power over their lives. Early or forced marriage, the abduction of girls, perceptions that education delays marriage – and that educated girls risk not finding husbands – all contribute to dropout rates. Additional challenges include a lack of adequate hygiene and sanitation facilities in schools, the distances learners need to travel, insecurity caused by communal violence, floods, food insecurity, and a heavy household work burden. The Government of South Sudan has in place laws and policies to address these issues, but they remain largely on paper and enforcement mechanisms are weak. The report analyses each of these factors in turn and presents recommendations for how the SIDA project can begin to address them in its future programming.
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10

Holtom, Paul, and Anna Mensah-Sackey. The Role of Industry in Responsible International trasnfers of Conventional Arms. UNIDIR, March 2023. http://dx.doi.org/10.37559/caap/23/wam/04.

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On Thursday 26 January 2023, the United Nations Institute for Disarmament Research (UNIDIR), the Stimson Center and Conflict Armament Research organized a one-day brainstorming workshop on “The Role of Industry in Responsible International Transfers of Conventional Arms” in support of the Republic of Korea’s presidency of the Ninth Conference of States Parties (CSP9) to the Arms Trade Treaty (ATT). This summary report presents some of the workshop’s key discussion points and issues for consideration during the ATT CSP9 cycle of meetings. It provides some background information on industry expectations regarding the impact of the ATT and explores how to improve industry engagement with the ATT process. It also highlights some of the potential benefits for industry – which ranges from arms manufacturers, via logistics companies to financial service providers – if the ATT can facilitate greater convergence of arms transfer laws and regulatory approaches around the world. It is anticipated that this document can support the preparation of a working paper by the CSP9 presidency that contains recommendations for concrete action to support effective implementation and universalization of the ATT.
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