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Journal articles on the topic 'Conflict of laws – Europe'
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Kjaer, Poul F. "Constitutionalizing Governing and Governance in Europe." Comparative Sociology 9, no. 1 (2010): 86–116. http://dx.doi.org/10.1163/156913210x12535202814478.
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The EU is a structure positioned “in-between” hierarchically organized nation-state governing structures and heterarchically structured global governance structures. Thus, the EU is a hybrid which relies partly on governing and partly on governance. This two-dimensionality is a central reason why the question of the constitutional character of the EU remains fundamentally unresolved. Thus, it is proposed that the EU should aim for developing a constitutional form aimed at alleviating the tensions inherent in the European construction through a conflict of laws approach. In order to respect the hybridity of the Union, such an approach, however, will have to be based on a three-dimensional conflict of laws concept. It would have to take account of horizontal conflicts between territorial units, vertical conflicts between the EU and its member states, and also horizontal conflicts between the functionally differentiated structures of the wider society.
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Calogeropoulos-Stratis, Aristidis S. "The humanitarian dimension of war — Protection of the individual, whether military or civilian." International Review of the Red Cross 32, no. 287 (April 1992): 183–86. http://dx.doi.org/10.1017/s0020860400070376.
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Recently, a number of armed conflicts have broken out in Europe or not far away: armed conflicts between States — the Gulf War, for example, authorized by UN Security Council resolution 678 — or wars of national liberation, such as the armed conflict in Yugoslavia or the revolt in Kurdistan. Whether or not the use of force was legitimate in each of these situations, and even though the classic notion of a “just war” no longer exists, all parties to any armed conflict have a moral, legal and humanitarian obligation to abide by the laws and customs of war in the conduct of hostilities and indeed throughout the entire conflict.
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Borchers, Patrick J., and Mathias Reimann. "Conflict of Laws in Western Europe: A Guide Through the Jungle." American Journal of Comparative Law 44, no. 2 (1996): 387. http://dx.doi.org/10.2307/840714.
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Hensel, Silke. "People Love Their Religion: Political Conflict on Religion in Early Independent Mexico." Religions 12, no. 1 (January 16, 2021): 60. http://dx.doi.org/10.3390/rel12010060.
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Global histories commonly attribute the secularization of the state exclusively to Europe. However, the church state conflict over these issues has been an important thread in much of Latin America. In Mexico, questions about the role of religion and the church in society became a major political conflict after independence. Best known for the Mexican case are the disputes over the constitution of 1857, which laid down the freedom of religion, and the Cristero Revolt in the 1920s. However, the history of struggles over secularization goes back further. In 1835, the First Republic ultimately failed, because of the massive protests against the anticlerical laws of the government. In the paper, this failure is understood as a genuine religious conflict over the question of the proper social and political order, in which large sections of the population were involved. Beginning with the anticlerical laws of 1833, political and religious reaction in Mexico often began with a pronunciamiento (a mixture of rebellion and petitioning the authorities) and evolved into conflicts over federalism vs. centralism.
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Tischbirek, Alexander. "A Double Conflict of Laws: The Emergence of an EU “Staatskirchenrecht”?" German Law Journal 20, no. 7 (October 2019): 1066–78. http://dx.doi.org/10.1017/glj.2019.72.
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AbstractThe law on state-church relations is no longer exclusively a national concern of the EU Member States. Despite supposedly strict neutrality clauses in the primary law of the EU and rigid statements—inter alia—by the German Federal Constitutional Court, it is safe to assume the formation of a supranational EU law on religion, which also touches upon the status of the churches and religious associations. This becomes obvious when state-church relations in Europe are reconstructed as a double conflict of laws that comprises interlocked conflicts between ecclesiastical law and worldly law, as well as between EU law and national law. Within the triangular relationship of these different legal spheres, EU law steers state-church relations towards the non-discrimination principle. The controversy in German law on religion between the proponents of a collective, institutionalist understanding (classic “Staatskirchenrecht”) and advocates of a rather fundamental rights-centered, individualist reading of the Constitution (“Religionsverfassungsrecht”) hence needs to be reconsidered. EU law calls for including yet a third paradigm into the debate: Equality.
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Andrijasevic, Rutvica, Manuela Bojadnijev, Sabine Hess, Serhat Karakayalb, Efthimia Panagiotidis, and Vassilis Tsianos. "Turbulente Ränder." PROKLA. Zeitschrift für kritische Sozialwissenschaft 35, no. 140 (September 1, 2005): 345–62. http://dx.doi.org/10.32387/prokla.v35i140.588.
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This article reviews developments of a new migration regime in Europe. It argues against the concept of a 'Fortress Europe' by pointing to fields of conflict that current migration movements establish. By focussing on a recent field research of migrations movements in Southeast Europe it explores modes of transit and entrepreneurial migration, the transformation and implementation of asylum laws, and the manifold functions of camps in the context of a transformation of statehood in this region.
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Louis-Jacques, Lyonette. "New Rights - New Laws: Legal Information in a Changing World Wide Web." International Journal of Legal Information 32, no. 2 (2004): 474–87. http://dx.doi.org/10.1017/s0731126500004261.
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When the organizers of the IALL Course on International Law Librarianship asked me to speak on resources on the World Wide Web related to the theme of the Course, “New Rights – New Laws: Legal Information in a Changing World,” I spent some time thinking about the theme. What do we mean by “new rights – new laws?” Do we really mean “changing rights, changing laws?” And what do we mean by a “changing world?” Are we talking about societies in the process of transition or that have undergone transition? Are we really talking about post-Communist Eastern Europe? Post-apartheid South Africa? The U.S. after September 11 – post-attack America? Post-conflict Iraq? The mega-changes in these societies can present threats to human dignity and rights. Times of upheaval, conflict, and political instability endanger basic human rights such as the rights to freedom of opinion, freedom of religion, freedom of movement, and freedom from arbitrary detention.
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Kuehn, Thomas. "A Late Medieval Conflict of Laws: Inheritance by Illegitimates in Ius Commune and Ius Proprium." Law and History Review 15, no. 2 (1997): 243–73. http://dx.doi.org/10.2307/827652.
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In the wake of the demolition of the Berlin Wall and the erection of the Maastricht Treaty, intense debate rages over all factors contributing to both unity and diversity in Europe. While issues circulating around markets, currency, and national sovereignty receive greater play in the media, the discussion of parallel issues of European legal unity has been more longstanding. The case can be made that Europe (with the exception of England) has long had a great degree of legal unity. The Roman civil law and the canon law of the church, with some texts of feudal law, became a common learned law, the ius commune, developed and disseminated in the universities in the Middle Ages. This written legal heritage spread from Italian schools, beginning with Bologna, and was “received” in Germany, France, Spain, and even Scotland in the course of the sixteenth century. It was displaced finally with nineteenth-century codifications of national law, which strove to enshrine the legislatively enunciated genius and uniqueness of the nation.
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MIRANDA, FLÁVIO. "Conflict management in western Europe: the case of the Portuguese merchants in England, Flanders and Normandy, 1250–1500." Continuity and Change 32, no. 1 (April 19, 2017): 11–36. http://dx.doi.org/10.1017/s0268416017000042.
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ABSTRACTRecent historiography argues that the legal autonomy of municipal governments created the necessary conditions for successful commercial transactions and economic growth in certain parts of Europe in the later Middle Ages, and that these features attracted foreign merchants. This article uses empirical data from England, Flanders and Normandy to test the following questions: were there significant differences in rules, laws and institutions between one place and another in late medieval western Europe? Were the Portuguese merchants drawn to markets that hypothetically had more effective institutions? The findings demonstrate that legal institutions and conflict management were very similar across western Europe, and that there is no evidence that the Portuguese opted for trading in a certain market because of its effective institutions. Moreover, the article claims that the merchants seemed to prioritise protection and privilege while trading abroad, and it highlights the role of commercial diplomacy in conflict management.
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Totterdale, Robert L. "Globalization and Data Privacy." International Journal of Information Security and Privacy 4, no. 2 (April 2010): 19–35. http://dx.doi.org/10.4018/jisp.2010040102.
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Global organizations operate in multiple countries and are subject to both local and federal laws in each of the jurisdictions in which they conduct business. The collection, storage, processing, and transfer of data between countries or operating locations are often subject to a multitude of data privacy laws, regulations, and legal systems that are at times in conflict. Companies struggle to have the proper policies, processes, and technologies in place that will allow them to comply with a myriad of laws which are constantly changing. Using an established privacy management framework, this study provides a summary of major data privacy laws in the U.S., Europe, and India, and their implication for businesses. Additionally, in this paper, relationships between age, residence (country), attitudes and awareness of business rules and data privacy laws are explored for 331 business professionals located in the U.S and India.
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van Baarda, Th A. "MORAL AMBIGUITIES UNDERLYING THE LAWS OF ARMED CONFLICT: A PERSPECTIVE FROM MILITARY ETHICS." Yearbook of International Humanitarian Law 11 (December 2008): 3–49. http://dx.doi.org/10.1017/s1389135908000032.
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AbstractThe law of armed conflict suffers from an internal ambiguity. The Declaration of St Petersburg (1868) made the ambiguity explicit when it stated that ‘the necessities of war ought to yield to the requirements of humanity’. The Lieber Code (1863) was less explicit, though it suffered from the same ambiguity. The Code received a lengthy critique from the Confederate Secretary of War who stated bluntly: ‘A military commander under this code may pursue a line of conduct in accordance with the principles of justice, faith and honour, or he may justify conduct correspondent with warfare of the barbarous hordes who overran the Roman Empire, or who, in the Middle Ages, devastated the continent of and menaced the civilisation of Europe’. Which of the two considerations, the Confederate Secretary demanded to know, should prevail: humanity or necessity?
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Arafa, Mohamed. "ISLAMIC JURISDICTION: SHARIE‘A COURTS AND THE FUTURE OF PUBLIC POLICY." Revista Direitos Fundamentais & Democracia 25, no. 1 (April 30, 2020): 6–26. http://dx.doi.org/10.25192/issn.1982-0496.rdfd.v25i11829.
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Recently the issue of the Sharie‘a courts has been drawing the attention of the Western media, especially in Europe, Canada, and the United States. Legal scholars and legal activists are quite reluctant to contribute to the discourse held mostly by reporters, religious figures and politicians. This could be why the matter is covered cursorily resting upon emotional, prejudiced and politically inspired debates and valuations. Moreover, the Sharie‘a court’s jurisdiction is not always obviously specified and fundamentally various issues of these courts get mixed and sometimes led to the conflict of laws (choice of law) questions.
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Glenn, H. Patrick. "Harmonization of law, foreign and private international law." European Review of Private Law 1, Issue 1/2 (March 1, 1993): 47–66. http://dx.doi.org/10.54648/erpl1993005.
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Abstract. The systemic concept of national law which emerged in the XIXth century in Europe had important consequences for the definition and use of foreign law. Foreign law came to be sharply distinguished from national law, and the principle of global disunity which underlay national unifications of law meant that foreign law had to be presumed to be in conflict with national law. Private international law became a necessary form of international ordering. This article explores the effect on such thinking of the current process of harmonization of law, which is taking place in Europe and elsewhere in the world. The reasons for this harmonization are also examined. It is argued that harmonization blurs the distinction between foreign and national law; that the presumption of conflict amongst national laws can no longer be sustained; and that current rules and principles governing the use of foreign law should therefore be re-examined, to reflect the harmonization process. Résumé. La conception systémique de droit national qui est devenue courante au XIXe siècle avait des conséquences importantes pour la définition et l’emploi du droit étranger. Le droit étranger est devenu radicalement distinct du droit national et le principe de désunion global qui était à la base des unifications nationales du droit a mené à une présomption de conflit entre le droit national et le droit étranger. Le droit international privé est devenu un moyen essentiel de la coordination international. Cet article examine l’effet sur ces idées du processus d’harmonisation des droits qui a lieu actuellement en Europe et dans le monde. Sont examinées aussi les raisons pour cette harmonisation. L’article suggère que l’harmonisation rend moins nette la distinction entre le droit national et le droit étranger; qu’une présomption de conflit entre les droits nationaux ne peut plus étre soutenue; et que les règles et les principes qui gouvernent l’emploi du droit étranger devraient étre ré-examinés pour mieux refleter le processus d’harmonisation.
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Joerges, Christian. "Sozialstaatlichkeitin Europe? A Conflict-of-Laws Approach to the Law of the EU and the Proceduralisation of Constitutionalisation." German Law Journal 10, no. 4 (April 1, 2009): 335–60. http://dx.doi.org/10.1017/s2071832200001103.
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“Sozialstaatlichkeit”is a collection of essays dedicated to the author ofNegative Freiheitsrechte und gesellschaftliche Selbstorganisation? Reflections on the survival of welfarism in the postnational constellations after his analyses of globalisation and Europeanisation? Affirmative references to the Discourse Theory of Law and Habermasian notions of Proceduralisation at all levels of governance against “Proceduralisation and its use in a post-modern legal policy?” “Are you trying to deliver something like an Anti-Ladeur.” No, neither Sisyphus nor Hercules, let alone Friedrich Engels, has inspired this essay. Its argument should rather be observed in the spirit of conflict-of-laws,i.e.of a discipline which accepts as a normative fact that different academic projects may be worthwhile despite of, or even because of, the differences of their premises and of the logics of their development, which may be inspired by complementary perceptions of a commonproblématque.
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Kletzer, Christoph. "Alexandre Kojève’s Hegelianism and the Formation of Europe." Cambridge Yearbook of European Legal Studies 8 (2006): 133–51. http://dx.doi.org/10.1017/s1528887000004699.
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Kojève once wrote in a reply to Leo Strauss that the philosopher who contemplates action faces a conflict that constitutes the only authentic tragedy left in the Christian or bourgeois world: [T]he tragedy of Hamlet and of Faust. It is a tragic conflict because it is a conflict with no way out, a problem with no possible resolution. One is inclined to add that the acting philosopher has a notoriously comic side, too, a side that has been exploited throughout the history of literature, from Aristophanes’ ‘The Clouds’ to the modern trope of the moronic impotence of the inept professor. But just as the comic fiction of Aristophanes’ ‘Clouds’ ultimately turned out to have had an actual tragic effect on Socrates’ life and death, so the modern depiction of the helpless philosopher is but a reflex on the troubled relation of philosophy and action.
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Schirrmacher, Christine. "The Sharia-Based Understanding of Religious Freedom and Women's Rights in Conflict with the Secular Constitutional State." Societas Dei: Jurnal Agama dan Masyarakat 2, no. 2 (October 24, 2017): 366. http://dx.doi.org/10.33550/sd.v2i2.22.
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ABSTRACT: The areas of conflict relating to the freedom of religion and women’s rights do not affect the majority of Muslims who practice their religion in Germany and, in the process, they do not clash with the constitutional state. This is also not a matter having to do with those theologians who take their justification for comprehensive religious freedom and equal rights for women from the Koran and, respectively, other normative sources of Islam. Rather, it has to do with those influential scholars who interpret the norms and commands of Islam in such a way that conflicts arise with the laws of a secular constitutional state. These scholars defend the view that the laws of the Sharia are prior to the norms of the secular constitutional state and are obligatory for all Muslims. At the present moment, the question of freedom of religion could be virtually understood as a topic which, in largely secularized Europe and for the religiously neutral state, possesses little relevance. To what extent do inner-Islamic standpoints interest the constitutional state on the question of religious freedom? For the constitutional state, it does not concern itself with the question of evaluating a religion and its doctrinal content. This also applies with respect to Islam. There, however, where actions are justified by religious convictions, or where they follow from them or are declared to be mandatory by influential religious opinion leaders, and where these actions infringe upon established law or limit the basic rights of individuals, the state and its representatives have to concern themselves with these convictions, independent of whether these convictions are of a religious, political, or of a religious and political nature. KEYWORDS: Germany, Islam, freedom of religion, women’s rights, the constitutional state, conflicts
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Novovic, Miloš. "Fighting European Copyright Tourism: Lessons from Defamation Laws." European Review of Private Law 27, Issue 5 (October 1, 2019): 949–71. http://dx.doi.org/10.54648/erpl2019052.
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In the recent cases of Pinckney and Hejduk, the ECJ revised European rules on jurisdiction over online copyright infringement disputes – making it possible for claimants to bring their lawsuits in virtually any European country. Due to the application of lex loci protectionis, this choice of venue also affects the law applicable to disputes. This article shows that this results in a substantial forum shopping risk, despite safety mechanisms built into the ECJ judgments. It explains that forum shopping is not inherently bad, but that it creates major problems for copyright laws, given its potential to shift the balance between the authors and exploiters of the work. In an attempt to identify a possible solution, this article turns to the substantive implementation of de minimis principle in Principles on Conflict of Laws in Intellectual Property (CLIP) Principles. The success of this approach is illustrated through the field of media law, and specifically, the way in which United Kingdom solved the problem of libel tourism. Examining the substantive requirement of ‘serious harm’ found in the UK Defamation Act of 2013, the article proposes amending national copyright laws as to state that absent showing of the intention to target a certain Member State by the online infringing activity or, alternatively, a ‘serious harm’ suffered on its territory, no copyright infringement is to be found. This way, forum shopping in online copyright infringement cases may be stopped in its tracks, before it becomes a rampant practice in Europe.
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Collin, Peter, Wim Decock, Nadine Grotkamp, David von Mayenburg, and Anna Seelentag. "History of Conflict Resolution in Europe – A Project Report." Rechtsgeschichte - Legal History 2022, no. 30 (2022): 065–80. http://dx.doi.org/10.12946/rg30/065-080.
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Krupski, Jan A. "Connecting Security Rights in Receivables — A Canadian Perspective on the Rome Convention." European Review of Private Law 10, Issue 6 (December 1, 2002): 739–60. http://dx.doi.org/10.54648/5114787.
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A regulation of the conflict of laws in receivables financing in Europe still remains incomplete. Unlike the uniform secured transactions statutes in Canadian provinces and the United States, the European Contracts Convention lacks a comprehensive evaluation of interests that would clarify the law applicable to competing creditors. Notwithstanding, courts do not seem prepared to reconsider whether the Convention could ever cover charges on claims. Instead of taking on a homogeneous interpretation they seem to neglect fundamentally diverging views on proprietary aspects of claims in the substantive law of Contracting States, and continue to uphold traditional national concepts. Consequently, the need for the enactment of harmonized and straightforward European law cannot be denied.
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Koutsias, Marios. "Exit Britain Enter the Stakeholders: Could Brexit End the Cultural Wars within the European Union Company Law and Give Birth to a Truly “European Company”?" European Business Law Review 30, Issue 6 (December 1, 2019): 881–908. http://dx.doi.org/10.54648/eulr2019038.
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The history of European Union company law is a very troubled one. It is a history of national conflicts and debates which resulted in the inability of the EU to create a common body of EU company law. The article will argue that national company laws are deeply rooted in national culture. Corporate governance in particular evolved into an arena where fierce corporate culture wars were fought for decades. This is why the European Company -the so-called Societas Europea- failed to evolve into a truly supranational corporate form. While all member states have their own distinctive systems of corporate governance, the failure in question has been mostly fuelled by the conflict between the two widely-opposed corporate governance systems of the UK and Germany. The UK endorses the so-called contractual model of corporate governance. Germany on the other hand employs the so-called stakeholder system of corporate governance. The rest of the member states of the EU lie between those two opposing poles. The conflict between the two European pillars of widely opposed corporate philosophies and consequently laws –the UK and Germany- has been so intense that it undermined any attempt to create a single European company. The article argues that Brexit can change that. The exit of one of the two main pillars of the conflict may pave the way for the dominance of the stakeholder model of corporate governance in the EU. A post-Brexit EU would lack the most vocal and influential supporter of contractualism. This should allow the remaining member states to converge into a standard that would be closer to the stakeholder model. Company Law, Corporate Governance, UK, Germany, European Company, Societas Europea, Culture, Brexit, Stakeholder model, contractual model, European Union
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Rajan, Sanoj. "Principles of Laws of War in Ancient India and the Concept of Mitigating Armed Conflicts through Controlled Fights." Journal of International Humanitarian Legal Studies 5, no. 1-2 (January 10, 2014): 333–51. http://dx.doi.org/10.1163/18781527-00501014.
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While modern international humanitarian law is most directly linked to 19th and 20th century Europe and The Hague and Geneva Conventions, cultures throughout history have developed rules of warfare for the protection of non-combatants and civilian populations. This paper provides an overview of the Dharma-based Hindu and Buddhist norms for conflict in Ancient India, and then proceeds to a detailed examination of the practices of Ankam and Mamamkam on the medieval Malabar Coast from the Sangam period through the rule of the Zamorins of Calicut. Ankams were ad hoc proxy duels between professional fighters conducted to resolve inter-state disputes, while Mamamkam was a periodic contest designed to allow relatively bloodless transfer of power. Both demonstrate an understanding of modern concepts of proportionality, distinction and victims’ protection. The paper concludes by enumerating the humanitarian values carried by Ankams and Mamamkam.
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Eesa A Fredericks. "Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa." Obiter 41, no. 1 (April 1, 2020): 10–44. http://dx.doi.org/10.17159/obiter.v41i1.10546.
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This series of two articles provides a comparative overview of the position in common-law jurisdictions on the conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, was investigated in part 1.1 Although Scotland is a mixed civil/common-law jurisdiction, the situation in that part of the United Kingdom was also discussed.Part 2 deals with the rules and principles of private international law in respect of contractual capacity in Australasia (Australia and New Zealand), North America (the common-law provinces of Canada and the United States of America), Asia (India, Malaysia and Singapore) and Africa (Ghana and Nigeria). This part also contains a comprehensive summary of the legal position in the common-law countries, followed by ideas for the reform of South African private international law in this regard.
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Grönlund, Anne, and Ida Öun. "Rethinking work-family conflict: dual-earner policies, role conflict and role expansion in Western Europe." Journal of European Social Policy 20, no. 3 (June 28, 2010): 179–95. http://dx.doi.org/10.1177/0958928710364431.
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Letnar Černič, Jernej, and Polonca Kovač. "Responding to the Conflict of Interest Risks in Central and Eastern Europe: Case of Slovenia." Hrvatska i komparativna javna uprava 22, no. 4 (December 30, 2022): 575–604. http://dx.doi.org/10.31297/hkju.22.4.7.
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Prohibition of conflict of interest prevents abuses of the rule of law in modern constitutional democracies. As a result, is ensures that persons working in state institutions do not use their posts and functions for private gain. The experience from Central and Eastern Europe (CEE) illustrates that state authorities have in the past faced challenges in how to internalise the prohibition of conflict of interest. Literature from CEE on the prohibition of conflict of interest has been scarse. Consequently, this paper aims to address this gap by examining the experience of the Slovenian state in coping with the risks arising from conflict of interest. It discusses and analyses on one hand theoretical and normative underpinnings of the prohibition of conflict of interest in the Slovenian, European and international frameworks. On the other hand, it examines the recent practice of administrative and judicial bodies concerning the prohibition of conflict of interest. It finds that normative frameworks in the Slovenian constitutional framework have been reformed in recent years. Nonetheless, there is still a risk of potential and actual conflict of interest for the implementation of the rule of law in state institutions. The normative prohibition appears not to have been fully internalised in the practice of state institutions. As a result, the authors submit that state institutions should not turn a blind eye to the risk of conflict of interest in order to show willingness to strengthen the rule of law in the Slovenian constitutional democracy. The Slovenian normative and empirical experience shows lessons that can be taken up in the constitutional democracies of Central and Eastern Europe experiencing similar challenges.
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Friedrich, Beate. "Pathways of Conflict: Lessons from the Cultivation of MON810 in Germany in 2005–2008 for Emerging Conflicts over New Breeding Techniques." Sustainability 12, no. 1 (December 23, 2019): 144. http://dx.doi.org/10.3390/su12010144.
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The paper uses qualitative interviews and document analysis to examine conflicts over plant and animal breeding techniques from the perspectives of Social and Political Ecology. It asks how past conflicts over genetically modified organisms (GMOs) can inform understandings of possible trajectories of emerging conflicts over new breeding techniques (NBTs) such as CRISPR/Cas genome editing. Case studies of conflicts in three areas where the transgenic maize MON810 was cultivated in Germany from 2005–2008 show that the escalation of conflict coincided with the first tangible presence of these already controversial organisms in the rural landscape. Location-specific interlinkages between discursive and material dimensions gave rise to different pathways of conflict in the three areas studied. These empirical results inform the analysis of emerging conflicts over NBTs in Germany and the United Kingdom. The future of NBTs in both countries is still open, and the divergence of regulatory frameworks in Europe could lead to the development of ‘NBT hotspots’ located in particular European countries, provoking an escalation of conflict in areas where commercial application takes place. The paper concludes by examining the potential for a politicization of future conflicts to encompass wider issues related to the transformation of agricultural systems towards sustainability.
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Allen, Garland E. "Eugenics and American social history, 1880–1950." Genome 31, no. 2 (January 15, 1989): 885–89. http://dx.doi.org/10.1139/g89-156.
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Eugenics, the attempt to improve the human species socially through better breeding was a widespread and popular movement in the United States and Europe between 1910 and 1940; Eugenics was an attempt to use science (the newly discovered Mendelian laws of heredity) to solve social problems (crime, alcoholism, prostitution, rebelliousness), using trained experts. Eugenics gained much support from progressive reform thinkers, who sought to plan social development using expert knowledge in both the social and natural sciences. In eugenics, progressive reformers saw the opportunity to attack social problems efficiently by treating the cause (bad heredity) rather than the effect. Much of the impetus for social and economic reform came from class conflict in the period 1880–1930, resulting from industrialization, unemployment, working conditions, periodic depressions, and unionization. In response, the industrialist class adopted firmer measures of economic control (abandonment of laissez-faire principles), the principles of government regulation (interstate commerce, labor), and the cult of industrial efficiency. Eugenics was only one aspect of progressive reform, but as a scientific claim to explain the cause of social problems, it was a particularly powerful weapon in the arsenal of class conflict at the time.Key words: eugenics, social genetics.
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Stopler, Gila. "Rights in Immigration: The Veil as a Test Case." Israel Law Review 43, no. 1 (2010): 183–217. http://dx.doi.org/10.1017/s0021223700000091.
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Immigration often involves the migration of people of specific cultural and religious background to countries in which the predominant cultural and religious background is quite different. This may result in attempts by receiving countries to restrict the new immigrants ‘cultural and religious practices. The Article uses the debate surrounding the wearing of the veil in Europe as a test case for the way in which recognition rights may be affected by the process of immigration. First, the Article maintains that the balance of rights and interests involved in conflicts over immigrants’ rights changes along the process of immigration, and divides this process into three stages—the entry application, the application for citizenship, and the life as an immigrant in the receiving country. Subsequently, it lays out the conflicting rights and interests involved in the veil controversy—the conflict between immigrant and local cultures; the conflict between immigrants’ religious liberty and state interests such as maintaining religious neutrality/laïcité, and protecting from the perceived threat of radical political Islam; the conflicting claims regarding the effects of veiling on women's equality. Finally, the Article analyzes each of these conflicts along the three stages of immigration and offers an assessment of the validity of the conflicting claims surrounding the veil in Europe on the basis of this analysis, claiming that the restrictions on wearing the veil in the public sphere are not justified, but that a much narrower restriction pertaining to some instances of the wearing of the full face burqa can be justified.
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Wedgwood, Ruth, and Harold K. Jacobson. "Foreword." American Journal of International Law 95, no. 1 (January 2001): 1–6. http://dx.doi.org/10.2307/2642033.
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The aftermath of military conflict can be an occasion for transforming politics and society. In postwar Europe, aided by the Marshall Plan, statesmen such as Jean Monnet and Konrad Adenauer rebuilt the smoking ruins of an international conflict into an economic community with a strong democratic ethos, a common political identity, and a workable social balance. The old rivalries of the continent were abated by joint-security commitments, and the sense of Europe as a political space was strengthened by the human rights standards of the Helsinki process.
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Sousa Gonçalves, Anabela Susana de. "O princípio da autonomia da vontade no Regulamento Europeu sobre Regimes Matrimoniais." Revista Electrónica de Direito 22, no. 2 (June 2020): 77–93. http://dx.doi.org/10.24840/2182-9845_2020-0002_0004.
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One of the main structural principles of Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes is the principle of party autonomy, both in terms of conflict-of-laws and international jurisdiction. The purpose of this study is to analyse the implementation of this principle in the European Regulation on Matrimonial Regimes.
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Lindemann, Stefan. "Understanding Water Regime Formation—A Research Framework with Lessons from Europe." Global Environmental Politics 8, no. 4 (November 2008): 117–40. http://dx.doi.org/10.1162/glep.2008.8.4.117.
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International river basins are mostly characterized by upstream-downstream externalities that involve asymmetric incentives to cooperate and, therefore, suggest a high conflict potential between riparian states. However, with more than 400 river basin treaties, cooperation along international rivers by far outweighs water-related conflicts. The abundance of international water cooperation despite the odds is puzzling and has so far received little systematic attention. Against this background, I develop a research framework that draws on international regime theory and combines power, interest, knowledge and contextbased approaches to water regime formation. In a second step, I probe the plausibility of my framework in two case studies on international water cooperation in the Rhine and Elbe river basins. The empirical findings suggest that there is no “one-answer-fits-all” in trying to explain water regime formation. While power-based approaches are of limited explanatory value, a thorough understanding of cooperation along the two international rivers requires the combination of interest, knowledge and context-based arguments.
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Banu, ŞİT. "ELECTRONIC RETAIL PAYMENT SYSTEMS IN CONFLICT OF LAWS: Basic Electronic Payment Systems and Determination of the Applicable Law in North America and Europe*." Ankara Üniversitesi Hukuk Fakültesi Dergisi 2, no. 2 (2005): 1. http://dx.doi.org/10.1501/hukfak_0000000249.
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Hazewinkel, Harm. "Conflict and Renewal: Europe Transformed – Essays in Honour of Wolfgang Petritsch." Security and Human Rights 19, no. 2 (2008): 172–74. http://dx.doi.org/10.1163/187502308784743463.
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Odello, M. "Managing Conflict in the New Europe. The Role of International Institutions." Journal of Conflict and Security Law 8, no. 2 (October 1, 2003): 417–21. http://dx.doi.org/10.1093/jcsl/8.2.417.
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Kolotukha, I. "Features of responsibility of commanders during the war." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 328–32. http://dx.doi.org/10.24144/2788-6018.2022.06.59.
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Provisions on international cooperation of states for the purpose of maintaining international peace and security are fundamental in the system of norms contained in the UN Charter. War as a means of resolving international disputesis prohibited by international law. According to Clause 4 of Art. 2 of the UN Charter «all members of the United Nations shall refrain in their international relations from the threat or use of force, both against the territorial integrity or political independence of any state, and in any other manner incompatible with the purposes of the UN.»Despite this, the analysis of modern international relations shows that humanity has not yet managed to get rid of wars and other armed conflicts, which are mostly armed conflicts of a non-international nature. This is evidenced by the events in the former Yugoslavia, Rwanda, Afghanistan, Iraq, Liberia, and the Caucasus, and since 2014 Ukraine has not been an exception, the international armed conflict on whose territory since February 24, 2022 has grown into a fullscale war waged by the Russian Federation on the scale of which Europe has not knew since the Second World War.Modern international relations are characterized by a change in the nature of the conflict, the emergence of a number of new categories and situations, an increase in the number of victims among the civilian population, and the increasinginternationalization of armed conflicts of a noninternational nature. In this regard, the question of attracting commanders from the armed forces is extremely urgent, especially in the conditions of the ongoing full-scale war unleashed by Russia.There are not few cases when, during the war or after its end, guilty military personnel and their direct and indirect commanders are brought to criminal responsibility for violating the laws and customs of war. That is why the authoraims to analyze international legal documents that answer the debatable question: should a commander be responsible for his subordinates if he did not know wha t they were doing?In the article, the author refers both to the Hague Conventions on the Laws and Customs of War of 1899 and 1907 and to Additional Protocol I of 1977 to the Geneva Conventions of 1949 on the Protection of War Victims.Special attention is paid by the author to the provisions of the statute of the International Criminal Court and the statute of the International Criminal Tribunal for the former Yugoslavia, which essentially form the modern doctrine of criminal responsibility of commanders for violations of the laws and customs of war by their subordinates.The article provides examples of the judicial practice of criminalizing and convicting General Yamashita for the crimes of his subordinates during the Second World War and the case of Muchic during the war in Yugoslavia.This article actually confirms the relevance of the application of international humanitarian law in national legislation and points to significant gaps that cannot be filled without the help of international law as a whole. With his work, the author tries to draw the attention of domestic legislators to the problems of implementing international humanitarian law into the national law of Ukraine, and to single out the most important directions in this area.
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PREDA (DAVIDOIU), Madălina. "THE RESPECT FOR FUNDAMENTAL HUMAN RIGHTS DURING AND AFTER THE RUSSIAN-GEORGIAN WAR." BULLETIN OF "CAROL I" NATIONAL DEFENCE UNIVERSITY 11, no. 4 (January 16, 2023): 55–60. http://dx.doi.org/10.53477/2284-9378-22-94.
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The normative and practical value of protecting civilians during armed conflicts and respecting the exercise of human rights and fundamental freedoms even in international armed conflicts is an undeniable one. Changing the forms and means used in armed struggles leads to violations of the provisions of international humanitarian law. The case-law of the European Court of Human Rights in the case of Georgia v. Russia has made a connection between the fundamental rights included in the Convention for the Protection of Human Rights and Fundamental Freedoms and the rights protected by the laws of armed conflicts, a decision of particular importance in the current security context in South-Eastern Europe
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BARBU, Cristina Mihaela, and Ștefan PONEA. "European Union and the Refugees. Is Transparent and Timely Communication Enough to Solve a Crisis?" Journal of Advanced Research in Law and Economics 9, no. 7 (November 17, 2019): 2267. http://dx.doi.org/10.14505//jarle.v9.7(37).08.
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More than one million migrants and refugees have crossed into Europe Since early 2011, sparking a crisis as countries struggled to cope with the influx. The main reason for the spike in refugees has been the war in Syria, which has caused millions to flee their homes and seek shelter in Europe and in neighboring countries. But many refugees are also fleeing one of the15 conflicts around the world that have erupted or reignited over the last five years, often situations of decades-old instability and conflict like those in Afghanistan, Somalia, Central America and elsewhere.
In this paper, we will try to demonstrate that the EU has indeed adopted a strategy of transparency and consistency when it comes to communication. However, one of the questions we feel obliged to formulate an answer to is „Is this helpful? Is transparent communication enough in order to solve or, at least, find a way to solve the problem? Or is there something missing from this strategy?’
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Ristic, Marija Runic, Nikolina Ljepava, Tahir Masood Qureshi, and Asli Cazorla Milla. "A Cross-Cultural Comparison of Conflict Management Styles in Multinational Organisations: Empirical Evidence from Serbia." Journal of East European Management Studies 25, no. 3 (2020): 418–47. http://dx.doi.org/10.5771/0949-6181-2020-3-418.
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This study explores the conflict management styles of German and Serbian managers in multinational organisations in Serbia. Contrary to most previous cross-cultural studies on conflict management styles, we have analysed not only the impact of the dimensions of individualism vs. collectivism on conflict management styles, but the effect of power distance dimension also. Moreover, none of the previous studies have analysed the conflict of management styles of managers in Southeast Europe, let alone the influence of intercultural interactions in multinational organisations in that region. Our study is based on the survey of 205 German, and 214 Serbian, managers in German multinationals in Serbia. The findings reveal that German and Serbian managers use different conflict management styles and that the status of the conflict partners and gender affect managers’ conflict management styles.
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Hesová, Zora. "Three Types of Culture Wars and the Populist Strategies in Central Europe." Politologický časopis - Czech Journal of Political Science 28, no. 2 (June 2021): 130–50. http://dx.doi.org/10.5817/pc2021-2-130.
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Since the ‘migration crisis’ in 2015 at the latest, the politics of a broadly conceived Central Europe has been marked by conflicts over symbols, values and norms. Poland, Hungary, Slovakia, Croatia, Austria, and the Czech Republic have witnessed divisive debates and campaigns over refugee quotas, women’s and gay rights, abortion laws and public monuments. As the term ‘culture wars’ was becoming ubiquitous, it remained ambivalent in its meaning and usage. The aim of this article is to identify a political logic of recent Central European cultural conflicts without leaning solely on the ideological explanation, e.g. the anti-liberal backlash thesis of Rupnik, and Krastev and Holms. By borrowing R. Brubaker’s conceptualizations of identity and populism, the article contends that it is possible to analyze culture wars as a repertoire of a populist political style. To do so, the article develops a critical perspective on culture wars, defined as polarizing conflicts in the arenas of the politics of memory, politics of identity and politics of morality. Culture wars are analyzed as a strategy of re-politicization of memory (especially of World War II), (civilizational) identity and public morality and a code used in struggles for political and cultural hegemony.
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Lowe, Vaughan. "Us Extraterritorial Jurisdiction: The Helms-burton and D'Amato Acts." International and Comparative Law Quarterly 46, no. 2 (April 1997): 378–90. http://dx.doi.org/10.1017/s0020589300060474.
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The history of clashes over extraterritorial jurisdiction between the United States of America and other States in the Americas, Europe and elsewhere is a long one. That history is commonly traced back to the antitrust claims arising from the Alcoa case in 1945, in which the “effects” doctrine was advanced in the peculiar and objectionable form in which it is applied, not simply to acts which constitute elements of a single offence but which occur in different jurisdictions but, rather, to the economic repercussions of acts in one State which are felt in another. The conflict persisted into the 1950s, with the clashes over US regulation of the international shipping and paper industries. In the 1960s and 1970s there were further clashes in relation to the extraterritorial application of US competition laws, notably in disputes over shipping regulation and the notorious Uranium Antitrust litigation, in which US laws were applied to penalise the extraterritorial conduct of non-US companies, conducted with the approval of their national governments, at a time when those companies were barred by US law from trading in the United States. It was that litigation which was in large measure responsible for the adoption in the United Kingdom of the Protection of Trading Interests Act 1980, which significantly extended the powers which the British government had asserted in the 1952 Shipping Contracts and Commercial Documents Act to defend British interests against US extraterritorial claims.
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Bendiek, Annegret, and Magnus Römer. "Externalizing Europe: the global effects of European data protection." Digital Policy, Regulation and Governance 21, no. 1 (January 14, 2019): 32–43. http://dx.doi.org/10.1108/dprg-07-2018-0038.
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Purpose This paper aims to explain how the EU projects its own data protection regime to third states and the US in particular. Digital services have become a central element in the transatlantic economy. A substantial part of that trade is associated with the transfer of data, most of it personal, requiring many of the new products and services emerging to adhere to data protection standards. Yet different conceptions of data protection exist across the Atlantic, with the EU putting a particular focus on protecting the fundamental right to privacy. Design/methodology/approach Using the distinction between positive and negative forms of market integration as a starting point (Scharpf, 1997), this paper examines the question of how the EU is projecting its own data protection regime to third states. The so-called California effect (Vogel, 1997) and the utilization of trade agreements in the EU’s foreign policy and external relations are well researched. With decreasing effectiveness and limited territorial reach of its enlargement policy, the EU found trade agreements to be particularly effective to set standards on a global level (Lavenex and Schimmelfennig, 2009). The existence of the single market makes the Union not only an important locus of regulation but also a strong economic actor with the global ambition of digital assertiveness. In the past, establishing standards for the EU’s vast consumer market has proven effective in compelling non-European market participants to join. Findings As the globe’s largest consumer market, Europe aims to project its own data protection laws through the market place principle (lex loci solutionis), requiring any data processor to follow its laws whenever European customers’ data are processed. This paper argues that European data protection law creates a “California Effect”, whereby the EU exerts pressure on extra-territorial markets by unilateral standard setting. Originality/value With its GDPR, the EU may have defused the problem of European citizens’ data being stored and evaluated according to the US law. However, it has also set a precedent of extra-territorial applicability of its legislation – despite having previously criticized the USA for such practices. By now, international companies increasingly store data of European customers in Europe to prevent conflicts with EU law. With this decision, the EU will apply its own law on others’ sovereign territory. Conflicts created through the extra-territorial effects of national law may contradict the principle of due diligence obligations but are nevertheless not illegitimate. They may, however, have further unintended effects: Other major economies are likely to be less reluctant in the future about passing legal provisions with extra-territorial effect.
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Krishan, Shri. "Discourses on Modernity: Gandhi and Savarkar." Studies in History 29, no. 1 (February 2013): 61–85. http://dx.doi.org/10.1177/0257643013496688.
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Debates emanate from dualities, situations of conflict, contradictions and paradoxes. Modernity is a paradox of sorts. So too was the colonial experience. Contrary to popular belief, Gandhi looked at the Indian traditions and ways of life from the perspective derived from western modernist epistemology. Our attitude to modernity is bound up, consciously or otherwise, with our perspective on colonialism as the forerunner of modernity. The word ‘modernity’ has varied connotations. In the present context, it is to be understood, chiefly, as western Enlightenment modernity mediated through European colonialism. But the perception of Gandhi and V.D. Savarkar differed regarding western Enlightenment modernity as there were differences of opinion between them on almost every political and social issue and methods of struggle against colonialism. These differences were rooted actually in their understanding of modernity, its epistemologies and variants prevalent in Europe, their relevance for Indian context and national liberation struggle. Gandhi’s may appear to be rooted in indigenous traditions but he also inherited the ‘scientific temper’ and methods and weapons of struggle which ‘modern politics’ has brought to forefront in Europe and America. Savarkar, on the other hand, was influenced by the intellectual trends which forged the weapons for the Right-wing politics in Europe. Gandhi appears to be always open to dialogue even though his position may be very dogmatic on certain issues but Savarkar is free from ambivalences that resurface repeatedly in Gandhi. The reflection is to be found in their political, literary, philosophical and other discourses, providing contexts in which debates unfold concerning customs, laws, religions, languages, generations, regions and ends and means controversy. They underpin controversies over the relationship of the individual to the collective.
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Bruni, Maria Elena. "MDPI Sustainability: Special Issue: “Women’s Special Issue Series: Sustainable Energy”." Sustainability 14, no. 8 (April 8, 2022): 4470. http://dx.doi.org/10.3390/su14084470.
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The conflict in Europe in 2022, in addition to the horrible humanitarian consequences, is also affecting the global energy markets and energy prices, threatening economic growth and lives worldwide [...]
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Levidow, Les, Villy Søgaard, and Susan Carr. "Agricultural public-sector research establishments in Western Europe: research priorities in conflict." Science and Public Policy 29, no. 4 (August 1, 2002): 287–95. http://dx.doi.org/10.3152/147154302781780912.
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Veebel, Viljar, and Raul Markus. "European Normative Power During Ukrainian-Russian Conflict." Baltic Journal of Law & Politics 11, no. 1 (June 1, 2018): 1–20. http://dx.doi.org/10.2478/bjlp-2018-0001.
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Abstract During last two decades the European Union as “normative power Europe” has been associated with the export of certain universal norms, rules and practices to the other countries. Rule of law, democracy, strong commitment to human rights and fundamental freedoms, and social justice — these principles form the core of the identity of the European Union. Relying on shared political, economic and cultural ties among member states, the EU has sought to promote these norms also in the neighbouring countries, including Russia. However, the outbreak of the violent conflict between Russia and Ukraine at the end of 2013 clearly demonstrates that the EU has failed in its efforts in Russia despite extensive mutual relations and comprehensive financial support provided by the EU. The aim of the current article is to analyse how consistent the EU has been in defending and promoting European values and norms in the international arena and with Russia during the Ukrainian-Russian conflict.
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Olomojobi, Yinka, and Omoigerale Omonye. "Contested Sovereignty and Conflict: Between Spain and Catalonia." Russian Law Journal 7, no. 1 (March 22, 2019): 138–53. http://dx.doi.org/10.17589/2309-8678-2019-7-1-138-153.
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This paper examines the Catalonia-Spain trajectory. Quite recently, the region of Catalonia became known for its sovereignty demand, which has strained relations with Spain its host state. Economic grievances, nationalism, and political disillusionment are some of the explanations given for the growing secessionist moves in the region. Apart from this, other reasons identified include strained historical ties, class struggle, the erosion of its autonomous region by General Francisco Franco and the subsequent demand for selfdetermination by separatists. An issue that runs through this work is the refusal of the Spanish government to concede to this separatist’s demand which has deteriorated any negotiations for dialogue. However, the Spanish government has announced that it is open to negotiate anything except a referendum. Furthermore, based on the reaction of the Spanish government, the 2014 referendum held by the Catalans seems to be nonconclusive. This study, therefore seeks to examine the contentious issues of “contested sovereignty” with relations to the Catalonia-Spain quagmire and its seemly subsisting impact in the pro-independence agitations in Europe and Africa.
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Tsurtsumia, Mamuka. "The Church of Georgia in War." Historia i Świat, no. 8 (August 29, 2019): 115–32. http://dx.doi.org/10.34739/his.2019.08.08.
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In Western Europe the Church as an institution was integrated into the military system and was obliged to serve the monarchy. Apart from performing vassal duties, the Latin clergy frequently participated in military actions. Although the Church laws forbade clergymen to shed blood, there were many examples of the violation of this rule. The attitude of the Orthodox Church in the Byzantine Empire concerning the possible participation of the clergy in war differed significantly from that of Latin Europe. The Byzantine priesthood did not become involved in military actions. The Greek Church possessed neither military units nor vassal commitment to the Empire. Despite a very close relationship with the Byzantine Church the attitude of the Georgian Church to the issue differs from that of Byzantium and is closer to the Western practice. The feudal organization of Georgia conditioned the social structure of the Georgian Church and its obligations before the monarchy. Despite the fact that the Georgian Church enjoyed many advantages, it had to take part in military campaigns. The upper circles of Georgian Church dignitaries were accustomed to both conducting military campaigns or taking part in the combat. In regard to military activities of clergy, Georgian law was much more lenient than Byzantine, and in the case of necessity, it even modified Greek legal norms. The conflict with the Christian canons was decided in favor of military necessity, and it was reflected in the legislation.
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Bakircioglu, Onder, and Brice Dickson. "THE EUROPEAN CONVENTION IN CONFLICTED SOCIETIES: THE EXPERIENCE OF NORTHERN IRELAND AND TURKEY." International and Comparative Law Quarterly 66, no. 2 (February 20, 2017): 263–94. http://dx.doi.org/10.1017/s0020589317000033.
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AbstractSince the entry into force of the European Convention on Human Rights there have been many serious conflicts in Europe. This article examines the role played by the Convention in two of those conflicts: that in Northern Ireland between supporters of the territory remaining part of the United Kingdom and supporters of Northern Ireland becoming part of a reunified Ireland, and that in Turkey between those who advocate for a unified Turkish State and those who want a Turkey which grants greater rights to Kurds and accepts greater autonomy for the Kurdish-dominated southeast region. The principal goal is to compare how the institutions in Strasbourg have responded to applications lodged by victims of human rights abuses allegedly committed during the two conflicts. The comparison seeks to identify to what extent the European Court of Human Rights has adopted principles and practices which can contribute to a reduction in human rights abuses during times of conflict.
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Eichert, David. "Decolonizing the Corpus: A Queer Decolonial Re-examination of Gender in International Law's Origins." Michigan Journal of International Law, no. 43.3 (2022): 557. http://dx.doi.org/10.36642/mjil.43.3.decolonizing.
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This article builds upon queer feminist and decolonial/TWAIL interventions into the history of international law, questioning the dominant discourses about gender and sexual victimhood in the laws of armed conflict. In Part One, I examine how early European international law writers (re)produced binary and hierarchical ideas about gender in influential legal texts, discursively creating a world in which wartime violence only featured men and women in strictly defined roles (a construction which continues to influence the practice of law today). In Part Two, I decenter these dominant discourses by looking outside Europe, questioning what a truly “international” law would look like if non-Western ideas about gender diversity and hierarchy had instead been allowed to contribute to its development. I demonstrate how gender diversity was the norm, not the exception, for multiple Indigenous and non-Western communities prior to colonization, drawing new connections between gendered oppression, colonial violence, and the continued practice of international law. This analysis provides an important bridge between queer and TWAIL critiques of international law, challenging lawyers and academics to think beyond mainstream ideas about binary gender when considering gender-based violence.
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Shmorgun, Leonid, and Valery Borzunov. "Scientific interpretation of the paradigm sustainable development of Ukraine." Problems of Innovation and Investment Development, no. 26 (September 29, 2021): 47–59. http://dx.doi.org/10.33813/2224-1213.26.2021.5.
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Purpose of the article – study of the main directions of sustainable development of Ukraine in order to ensure the country’s competitiveness in the context of the formation of new technological structures («Industry 4.0, 5.0») and a new world order («Globalization 1.0, 2.0»). The relevance of the topic lies in the need to find ways to get Ukraine out of the systemic crisis and to shape the image of the future in the context of globalization and technological revolution. The scientific novelty article consists in studying the principles of sustainable development for compliance with the general laws of the universe and the laws of dialectics and scientific substantiation of compliance with the principles of building a society of the future recognized by the world community, in determining models for sustainable development of Ukraine and the principles of designing the economy of the future. Conclusion. For all years of independence, Ukraine has turned from an industrially developed country into a backward and poorest country in Europe with an economy of lagging growth, with the status of a «buffer zone» of geopolitical conflict on its territory and external control. To maintain sovereignty, ensure the country’s competitiveness in the transition and new technological structures and the quality of life of the population, at least at the level of the average for the EU countries, Ukraine needs to change course, develop and implement the Strategy of man-centered, multi-spiral, sustainable development. Key words: analysis, sustainable development, multiple spiral development, sustainable development models, growth points, strategizing.
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Marongiu Buonaiuti, Fabrizio. "Il diritto internazionale privato delle successioni in casi collegati al Regno Unito: riflessioni sulla sentenza <i>Pescatore</i>." Trusts, no. 4 (August 4, 2022): 696–709. http://dx.doi.org/10.35948/1590-5586/2022.156.
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Tesi Il caso Pescatore mette a confronto il sistema europeo di diritto internazionale privato in materia di successioni, contenuto nel regolamento UE 4 luglio 2012, n. 650, e il sistema inglese. Il primo è ispirato al principio dell’unitarietà della successione dal punto di vista della legge regolatrice, mentre il secondo all’opposto principio della scissione. Ciò dà luogo al rinvio, nei termini contemplati, per un verso, dall’art. 34 del regolamento UE citato, e, per altro verso, dal diritto internazionale privato inglese. L’autore ritiene che il rinvio accolto nell’art. 34 del regolamento debba essere interpretato come rinvio doppio o integrale, in quanto maggiormente idoneo a perseguire l’obiettivo dell’armonia internazionale delle soluzioni. The author’s view The case of Pescatore brings the European system of private international law in succession matters, as embodied in EU Regulation No. 650/2012, into confrontation with the English conflict-of-laws rules. The former is inspired to unity of succession as concerns the applicable law, whereas the latter are inspired to scission. This gives rise to a problem of renvoi, as contemplated, on the one side, under Article 34 of the said EU Regulation, and, on the other side, as provided for under the English conflict-of-laws rules. The author proposes that renvoi as admitted by Article 34 of the EU Regulation shall be construed in terms of double renvoi, in order to pursue more effectively the goal of international consistency.