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1
Chumachenko, Ivan N. "Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America." Herald of Omsk University. Series: Law 17, no. 4 (December 28, 2020): 31–40. http://dx.doi.org/10.24147/1990-5173.2020.17(4).31-40.
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Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain states with the laws of other states, as well as, in some cases, with international law. Methodology. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of interpretation of legal acts and judicial precedents. Results. The author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as US doctrinal sources. The author provides the basic concepts regarding conflict law, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. Conclusion. Based on the results of the study, the author concludes that even if there are separate (special) legal acts, court cases, as well as doctrinal sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of US conflict law.
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CHUMACHENKO, Ivan. "Internal and Cross-Border Conflict of Laws Regulation in the United States of America." Journal of Advanced Research in Law and Economics 9, no. 3 (June 15, 2020): 784. http://dx.doi.org/10.14505/jarle.v11.3(49).11.
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The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States.
The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.
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Kozachuk, Yuriy S. "Conflict of Laws Issues of Bills’ Negotiation in the Law of the United States of America." Moscow Journal of International Law 2, no. 2 (June 30, 2014): 116–32. http://dx.doi.org/10.24833/0869-0049-2014-2-116-132.
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The principles and the order of the settlement of conflict of laws issues of bills’ negotiation in the law of the USA have been researched in this article. The influence of general principles of conflict of laws on the order of settlement of conflict of laws issues of bills’ negotiation is being analyzed. Basic principles of localization of bills of exchange and promissory notes obligations in the US law have been determined, and reasons of different maintenance of these principles have been also set in the countries of the Geneva and Anglo-American law of bills. A comparison of the order of localization of bills’ obligations has been made in the Anglo-American and Geneva’s law of conflict of bills. The application of the principles of autonomy of will and of most close connection in the US law of conflict of bills is being examined in the article.
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Jawad, Ayesha, and Maira Bokhari. "Measuring the Protection of Cultural Property Under International Humanitarian Laws: Analysis of Russia-Ukraine Conflict." Journal of Law & Social Studies 4, no. 3 (September 30, 2022): 469–80. http://dx.doi.org/10.52279/jlss.04.03.469480.
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The debate on the topic of rules regarding the cultural property’s protection under International Humanitarian Law has renewed its significance in modern day armed conflicts. Since the latest technological and other advancements in the field of warfare the complexities regarding application of laws in warzone has also increased. Specifically, protection of cultural property during an armed conflict has posed serious challenges to both International Humanitarian Laws and International Criminal laws. Undoubtedly, United Nations does provide a multilayered model for protecting the property holding cultural value for states, however, the gaps in implementation makes it challenging for the parties to comply fully. This article undertakes an analysis of laws related to cultural property focusing principally on IHL particularly with the reference of current conflict between Ukraine and Russia. Furthermore, it provides certain recommendations that may be adopted to protect property holding cultural importance and value while addressing the present gaps.
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Knöfel, Susanne. "EC Legislation on Conflict of Laws: Interactions and Incompatibilities between Conflicts Rules." International and Comparative Law Quarterly 47, no. 2 (April 1998): 439–45. http://dx.doi.org/10.1017/s0020589300061935.
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Formerly, EC activity in the area of private law used to be content with approximating member States' substantive laws in specified areas, and, therefore, eventual conflictual implications demanded considerable interpretative efforts. Modern Community legislation, however, increasingly complements the intended substantive-law harmonisation with provisions on conflict of laws. Given the existence of the (Rome) Convention on the Law Applicable to Contractual Obligations, implemented in the United Kingdom by the Contracts (Applicable Law) Act 1990, this new tendency, where it concerns areas falling within the Convention, raises complex questions on both legislative technique and policy. The Convention, in Article 20, expressly reserves the precedence of Community choice of law rules. However, merely to point to this priority rule appears to be too simple a solution as conflicts, before being solved, have to be defined, and that is what this article aims at. Further, as an analysis that deals with European law would be incomplete without taking into account the impact on member States' law, reference will be made to domestic English and, for the purposes of comparison, to domestic German law. The latter appears to qualify for such a comparative approach because, due to the Rome Convention already having been part of the domestic law for a considerable period, certain experience might be expected within that legal system in dealing with contract conflicts issues thereunder.
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Myers, Cayce. "Digital Immortality vs. “The Right to be Forgotten”: A Comparison of U.S. and E.U. Laws Concerning Social Media Privacy." Romanian Journal of Communication and Public Relations 16, no. 3 (April 24, 2016): 47. http://dx.doi.org/10.21018/rjcpr.2014.3.175.
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This paper examines the contrast between United States and European Union laws concerning social media users’ right to remove their online presence permanently. Currently, the United States and European Union represent two distinct approaches to the right of individuals to permanently remove personal content from social media. U.S. law favors social media companies keeping profile content within the digital sphere even when that person no longer wants it there. The European Union’s approach social media privacy gives users more rights to remove themselves entirely from social media permanently (General Data Protection Regulation, Article 17, 2012). Using Myres McDougal’s (1959) legal theory of international laws’ effect on national policy, this legal study examines the social media privacy laws of the United States and European Union concerning user control of personal content. From this analysis, future implications of this international conflict, specifically the legal delineation of public and private spheres in the 21st Century, are suggested.
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Vázquez, Carlos M. "Introduction to Symposium on the Third Restatement of Conflict of Laws." AJIL Unbound 110 (2016): 137–38. http://dx.doi.org/10.1017/s2398772300002956.
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The American Law Institute (ALI) has recently embarked on the project of elaborating a new Restatement of Conflict of Laws. Its first two Restatements on this subject have been enormously influential. The Ali began its work on the First Restatement in 1923, naming Joseph Beale of the Harvard Law School as its Reporter. Adopted in 1934, the First Restatement reflected the highly territorialist approach to the conflict of laws that had long prevailed in this country. Even before the First Restatement’s adoption, the First Restatement’s territorialist approach, and the “vested rights” theory on which it was based, was subjected to intense scholarly criticism. Nevertheless, the First Restatement’s approach continued to prevail in the United States until the New York Court of Appeals initiated a “choice-of-law revolution” in the early 1960’s with its decision inBabcock v. Jackson. Although most states have departed from the First Restatement’s approach, the First Restatement retains its adherents. Ten states continue to follow the First Restatement for tort cases and twelve states for contract cases.
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Diehl, Paul F., Jennifer Reifschneider, and Paul R. Hensel. "United Nations intervention and recurring conflict." International Organization 50, no. 4 (1996): 683–700. http://dx.doi.org/10.1017/s0020818300033555.
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The end of the cold war has signaled a dramatic increase in the number and forms of United Nations (UN) intervention into ongoing conflicts. Yet, this larger UN role has not always translated into success. Short-term failures are evident, but the long-term effects of UN efforts are not readily apparent. We explore this longer-term impact by examining the incidence of recurring conflict between state dyads following a crisis. Overall, UN intervention has proved ineffective in inhibiting, delaying, or lessening the severity of future conflicts, independent of the level of violence in the precipitating crisis, the relative capabilities of the two states, the states' history of conflict, and the form of crisis outcome; nor were UN efforts successful in deterring future conflict. These sobering results suggest that changes in long-term strategy may be in order.
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Lewis, Jeffrey G., and Scott D. Sagan. "The Nuclear Necessity Principle: Making U.S. Targeting Policy Conform with Ethics & the Laws of War." Daedalus 145, no. 4 (September 2016): 62–74. http://dx.doi.org/10.1162/daed_a_00412.
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In 2013, Obama administration spokesmen stated that all U.S. nuclear war plans “apply the principles of distinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects.” We analyze U.S. nuclear policy documents and argue that major changes must be made if U.S. nuclear war plans are to conform to these principles of just war doctrine and the law of armed conflict. We propose that the U.S. president announce a commitment to a “principle of necessity,” committing the United States not to use nuclear weapons against any military target that can be destroyed with reasonable probability of success by a conventional weapon. Such a doctrinal change would reduce collateral damage from any nuclear strike or retaliation by the United States and would, we argue, make our deterrent threats more credible and thus more effective.
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Smiley, Will. "Lawless Wars of Empire? The International Law of War in the Philippines, 1898–1903." Law and History Review 36, no. 3 (June 13, 2018): 511–50. http://dx.doi.org/10.1017/s0738248017000682.
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Writing for his fellow military officers in early 1903, United States Army Major C.J. Crane reflected on the recent Philippine–American War. The bloody struggle to suppress an insurgency in the Philippines after the United States had annexed them from Spain in 1899 had officially concluded the previous July. The war had been accompanied by fierce racist sentiments among Americans, and in keeping with these, Crane described his foes as “the most treacherous people in the world.” But Crane's discussion drew as much on concepts of law as it did on race. The average American officer, Crane argued, had “remembered all the time that he was struggling with an enemy who was not entitled to the privileges usually granted prisoners of war,” and could be summarily executed, without benefit of “court-martial or other regular tribunal.” If anything, the Americans had been too generous. “Many [American] participants in the struggle,” he maintained, “have failed to fully understand that we were practically fighting an Asiatic nation in arms and almost every man a soldier in disguise and a violator” of the laws of war. But what did those laws mean to the United States during the conflict, and what does this indicate about the broader history of international law's relationship to empire?
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Deschamps, Michel. "Conflict-of-laws rules on assignments of receivables in the United States and Canada." Uniform Law Review 24, no. 4 (December 1, 2019): 649–63. http://dx.doi.org/10.1093/ulr/unz041.
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Abstract This article describes the conflict-of-laws rules of the USA and Canada on the effectiveness against third parties and priority of an assignment of trade receivables. Comparisons are also made with the rules proposed on these issues by the European Commission’s Proposal of 12 March 2018 and the UNCITRAL Model Law on Secured Transactions. The conflict-of-laws rules examined in the article generally designate the location of the assignor as the place whose law applies to the effectiveness against third parties and the priority of an assignment. The article shows however that the definition of the location of the assignor varies from one jurisdiction to another (statutory seat, chief executive office, state of constitution, etc.) Moreover, the US rules and certain Canadian rules define the location of a business corporation using a criterion which is different depending on the corporation’s jurisdiction of incorporation. In addition, the European Commission’s Proposal allows the parties to an assignment made in the course of a securisation transaction to deviate from the assignor’s location rule and select the law governing the receivable as the applicable law. All of these differences result in a lack of harmonization. The article also summarizes the analysis that a financier must conduct to identify the jurisdiction(s) where the financier would normally want that an assignment in its favour be recognized. The relevant jurisdictions are normally the jurisdiction(s) in which insolvency proceedings relating to the assignor may take place and the other jurisdiction(s) where the debtors of the receivables could be located; a dispute might sometimes occur in these other jurisdictions with a competing claimant attempting to claim priority (e.g. a judgement creditor who would seize receivables owed by the debtors located in those jurisdictions). As the insolvency jurisdiction(s) and the other jurisdiction(s) in which the debtors are located may have different conflict-of-laws rules, a prudent financier should examine the applicable rules of all relevant jurisdictions.
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Boscariol, John. "At the Cross-Roads of US and Canadian Trade Controls: The Cuba Conflict." Global Trade and Customs Journal 5, Issue 6 (June 1, 2010): 237–49. http://dx.doi.org/10.54648/gtcj2010029.
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Canada and the United States are each other’s best trading partners. Our supply chains are deeply integrated. Corporate ownership criss-crosses the border many times over. In the context of foreign policy, although we have differed from time to time in the past, we generally target the same list of ‘bad actors’ – Iran, North Korea, Myanmar among them. Indeed, many of our sanctions programmes have been adopted pursuant to the same United Nations Security Council resolutions that are applied in similar fashion by UN member countries. Our controls on the export of goods and transfer of technology arise from our common commitments under the 1996 Wassenaar Arrangement on Export Controls for Conventional Arms, Dual-use Goods, Technology and other international agreements. It should come as no surprise therefore that in this environment many companies impose a single set of rules or principles regarding export controls and doing business with sanctioned countries. Under the assumption that Canadian and US laws are similar and, that any differences arise from more restrictive elements of US policy, a common default approach is for US companies to graft their US-based export control, economic sanctions policies, and procedures on to their Canadian operations; even some Canadian-based companies doing business in the United States will follow this approach. This is problematic for a number of reasons. Contrary to popular belief, Canadian export controls and economic sanctions can be more restrictive than those of the United States – aspects of the control regime for cryptographic goods and technology and the rules governing trade with and investment in Myanmar are two such examples. More importantly, there are instances in which there is direct conflict between Canadian and US law – that is, compliance with the requirements of one nation’s laws results in contravention of the laws of the other. Two examples of such conflict arise with US military controls under the International Traffic in Arms Regulations and Canadian human rights legislation and with Cuban trade and investment. The latter conflict is the focus of this article.
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Oeding, Jill M., and Jamie L. Seitz. "Teaching Collegiate Ethics in a Nation with Laws that Permit Mutilation of the Unborn." Journal of Economics and Public Finance 3, no. 3 (August 25, 2017): 418. http://dx.doi.org/10.22158/jepf.v3n3p418.
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<p><em>The devaluing of life through abortion has a detrimental effect on the ethical decision-making processes of a nation of people. Encouraging college students to make ethical decisions in a nation with legalized abortion is challenging. Laws that permit women to have a voluntary abortion are in direct conflict with ethical decision-making. The consequences of decades of abortion in the United States are staggering. Approximately one abortion is performed for every five live births. Over 58,000,000 babies have been aborted in the United States since 1973, when the Supreme Court found that women have the “constitutional right” to have an abortion before “fetal” viability. The authors compared the current abortion law to other “black eyes” in the United States’ history including: slavery, the Separate But Equal doctrine, the treatment of Native Americans, and oppressive child labor. This paper then introduces a four-step ethical decision making model and a “toolbox” of questions that students may use when analyzing ethical issues. </em></p>
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Pollin, Robert. "Evaluating Living Wage Laws in the United States: Good Intentions and Economic Reality in Conflict?" Economic Development Quarterly 19, no. 1 (February 2005): 3–24. http://dx.doi.org/10.1177/0891242404268641.
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McCurry, Stephanie. "Enemy Women and the Laws of War in the American Civil War." Law and History Review 35, no. 3 (August 2017): 667–710. http://dx.doi.org/10.1017/s0738248017000244.
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One of the most important legacies of the American Civil War, not just in the re-united States of America but also in the nineteenth and twentieth century world, were the new laws of war that the conflict introduced. “Lieber's Code,” named after the man who authored it for the Lincoln administration, was a set of instructions written and issued in April 1863 to govern the conduct of “the armies of the United States in the field.” It became a template for all subsequent codes, including the Hague and Geneva conventions. Widely understood as a radical revision of the laws of war and a complete break with the Enlightenment tradition, the code, like the war that gave rise to it, reflected the new post-Napoleonic age of “people's wars.” As such, it pointed forward, if not as the expression of the first total war, then at least as an expression of the first modern one, with all the blurring of boundaries that involved.
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Kleiman, Mary Ellen Fleck. "State Regulation of Canadian Pharmacies: A Prescription to Violate the Supremacy Clause." American Journal of Law & Medicine 32, no. 2-3 (June 2006): 219–46. http://dx.doi.org/10.1177/009885880603200205.
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“This Constitution, and the Laws of the United States … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”Under the Supremacy Clause of the United States Constitution, federal law, such as the Federal Food Drug and Cosmetic Act (“FDCA”), is supposed to be the “supreme Law of the Land.” The FDCA establishes a national closed domestic distribution system for approved prescription drugs in an effort to ensure drug integrity and safety. In doing so, it purportedly sets the “gold standard” for prescription drugs regulation around the world. Lately, though, this “gold standard” has been tarnished by personal importation, the practice of buying prescription drugs directly from foreign pharmacies—primarily Canadian—in conflict with the FDCA's restrictions on unapproved drugs and importation.
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Petsche, Markus. "Punitive Damages in International Commercial Arbitration: A Conflict of Laws Lesson." Journal of International Arbitration 30, Issue 1 (February 1, 2013): 31–47. http://dx.doi.org/10.54648/joia2013003.
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This article examines the conflict of laws issues (with an emphasis on choice of law) arising in the context of punitive damages claims in international commercial arbitration. It explains that the appropriate choice of law methodology is based on a distinction between the 'power' of arbitrators to grant punitive relief (governed by the applicable arbitration law) and the 'availability' of punitive damages stricto sensu (governed by the applicable substantive law). It shows that this approach is confirmed by most available arbitral awards and court decisions. In this respect, it highlights that the US Supreme Court's decision in Mastrobuono v. Shearson Lehman Hutton, Inc. is frequently misinterpreted as implying that arbitral tribunals sitting in the United States (and thus subject to US arbitration law) may award exemplary damages despite those damages being unavailable under the applicable substantive law. This article also explores the impact of the incompatibility of punitive damages with the public policy of the arbitral seat and other relevant jurisdictions.
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Volodin, Dmitry. "Canada and the Manhattan Crisis in the Arctic (1968–1970)." Russia and America in the 21st Century, no. 4 (2021): 0. http://dx.doi.org/10.18254/s207054760017795-1.
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The discovery of a giant oil field in Alaska in 1968 sparked great interest in the United States in the Northwest Passage as a possible route for the delivery of Alaska's oil to the more southern states of the United States. In 1969-1970 American oil companies with the support of the U.S. authorities organized two voyages of the tanker Manhattan across these waters to test the viability of this route. Although Canada supported this project and took part in it, but at the same time the Canadian government of P. Trudeau adopted two new laws, which sharply strengthened Canada's control over shipping in the Northwest Passage. In an effort to prevent an open conflict with the United States, Canada did not declare all the waters of the Arctic Archipelago as its internal waters, but made a choice in favor of the so-called functional sovereignty, that is, the ability to exercise a certain set of rights over a specific territory.
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Matheson, Michael J. "United Nations Governance of Postconflict Societies." American Journal of International Law 95, no. 1 (January 2001): 76–85. http://dx.doi.org/10.2307/2642038.
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Since the end of the Cold War a decade ago, the United Nations has exercised authority in significant new ways to address various aspects of resolving conflicts and dealing with their consequences. These new approaches have included the use offeree to end interstate and internal violence, the resolution of boundary issues and other disputes that might prolong the conflict, the elimination of threatening weapons capabilities, the prosecution of violations of international humanitarian law, and the compensation of victims of the conflict. These actions have been taken either with the consent of the state or states involved, or pursuant to the authority of the Security Council under Chapter VII of the UN Charter, or both.
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Harrod, Andrew E. "Hidden Hands and Cross-Purposes: Austria and the Irreconcilable Conflict between Neutrality and Market Laws." Austrian History Yearbook 43 (April 2012): 165–88. http://dx.doi.org/10.1017/s0067237811000646.
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Austria emerged in 1955 from a ten-year occupation administered by the four major powers of the successful anti-Third Reich coalition of World War II—France, the Soviet Union, the United Kingdom, and the United States—as a united, independent state. The 15 May 1955 State Treaty signed by these countries and Austria spared Austria the fate of Cold War division suffered by Austria's neighbor to the north (in the ultimate East-West breakdown of Germany's parallel postwar quadripartite occupation). Paving the way for Austria's good fortune was a political quid pro quo agreed between Austrian leaders and their Soviet counterparts in Moscow the previous April. In the 15 April 1955 Moscow Memorandum, Austria consented to becoming a permanently neutral state modeled on Switzerland. This neutrality precluded a possible Austrian membership in NATO in exchange for a long-delayed Soviet assent to an end of Austria's occupation regime with a concomitant abandonment of the Soviet occupation zone and the withdrawal of all occupation troops. After the completion of this withdrawal, a fully sovereign Austria made good on its pledge with the passage on 26 October 1955 of a constitutional law declaring Austria to be “permanently neutral” and foreswearing all military alliances.
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Pencek, Bruce. "United States at War: Understanding Conflict and Society." Government Information Quarterly 24, no. 1 (January 2007): 218–22. http://dx.doi.org/10.1016/j.giq.2006.07.011.
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Cohen, Michael L. "Choice and Conflict about Census Data Adjusting the American Census Count." Journal of Public Policy 11, no. 4 (October 1991): 357–98. http://dx.doi.org/10.1017/s0143814x00006322.
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ABSTRACTThe census is a social fact, the outcome of a process that involves the interaction of public laws and institutions and citizens' responses to an official inquiry. However, it is not a ‘hard’ fact. Reasons for inevitable defects in the census count are listed in the first section; the second section reports efforts by the US Census Bureau to identify sources of error in census coverage, and make estimates of the size of the errors. The use of census data for policy purposes, such as political representation and allocating funds, makes these defects controversial. Errors may be removed by making adjustments to the initial census count. However, because adjustment reallocates resources between groups, it has become the subject of political conflict. The paper describes the conflict between statistical practices, laws and public policy about census adjustment in the United States, and concludes by considering the extent to which causes in America are likely to be found in other countries.
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Clugston, Christopher J. "International Exhaustion, Parallel Imports, and the Conflict between the Patent and Copyright Laws of the United States." Beijing Law Review 04, no. 03 (2013): 95–99. http://dx.doi.org/10.4236/blr.2013.43012.
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Slater, Jerome. "Muting the Alarm over the Israeli-Palestinian Conflict: The New York Times versus Haaretz, 2000–06." International Security 32, no. 2 (October 2007): 84–120. http://dx.doi.org/10.1162/isec.2007.32.2.84.
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The prospects for a two-state solution to the Israeli-Palestinian conflict remain poor, largely because of Israeli rigidity as well as Palestinian policies and internal conflicts. The United States has failed to use its considerable influence with Israel to seek the necessary changes in Israeli policies, instead providing the country with almost unconditional support. The consequences have been disastrous for the Palestinians, for Israeli security and society, and for critical U.S. national interests in the Middle East. Amajor explanation for the failure of U.S. policies is the largely uninformed and uncritical mainstream and even elite media coverage of the Israeli-Palestinian conflict in the United States. In contrast, the debate in Israel is more self-critical, vigorous, and far-ranging, creating at least the possibility of change, even as U.S. policy stagnates. Acomparison of the coverage of the Israeli-Palestinian conflict by the two most prestigious daily newspapers in the United States and Israel—in particular, over the breakdown of the peace process in 2000 and the ensuing Palestinian intifada, the nature of the Israeli occupation, the problem of violence and terrorism, and the prospects for peace today—underscores these differences. While the New York Times has muted the alarm over the dangers of the United States' near-unconditional support for Israeli policies toward the Palestinians, Haaretz has sought to sound the alarm.
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Tienda, Marta, and Susana M. Sánchez. "Latin American Immigration to the United States." Daedalus 142, no. 3 (July 2013): 48–64. http://dx.doi.org/10.1162/daed_a_00218.
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This essay provides an overview of immigration from Latin America since 1960, focusing on changes in both the size and composition of the dominant streams and their cumulative impact on the U.S. foreign-born population. We briefly describe the deep historical roots of current migration streams and the policy backdrop against which migration from the region surged. Distinguishing among the three major pathways to U.S. residence – family sponsorship, asylum, and unauthorized entry – we explain how contemporary flows are related both to economic crises, political conflicts, and humanitarian incidents in sending countries, but especially to idiosyncratic application of existing laws over time. The concluding section highlights the importance of investing in the children of immigrants to meet the future labor needs of an aging nation.
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Zhuravleva, Viktoria. "Russia and the United States: Reflecting on the Conflict." Russian Politics & Law 55, no. 6 (November 2, 2017): 401–18. http://dx.doi.org/10.1080/10611940.2017.1574499.
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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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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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Misalucha, Charmaine. "Failures at the National Level: The Diffusion of Small Arms and Light Weapons in the Philippines." Philippine Political Science Journal 25, no. 1 (December 16, 2004): 131–48. http://dx.doi.org/10.1163/2165025x-02501006.
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This article argues that the Philippines' small arms control measures have failed. This failure is seen in two ways. First, statements issued by the Philippines in the 2007 United Nations (UN) Conference on the Illicit Trade in Small Arms and Light Weapons in AI/ Its Aspects and the follow-up 2003 Biennial Meeting of States on the Implementation of the Program of Action of the previous conference are partly inconsistent with the national laws instituted in the country. Another way of looking at the failure of the Philippines in controlling the diffusion of small arms in its territory is through the conflict in Mindanao. The national mechanisms currently in place are insufficient to address this problem because the influx of weapons continues, further intensifying the conflict.
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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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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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Rovetta, Davide. "Are Tariff Explanatory Notes Subject to Judicial Supremacy?" Global Trade and Customs Journal 5, Issue 3 (March 1, 2010): 129–31. http://dx.doi.org/10.54648/gtcj2010013.
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In 1803, under the lead of John Marshall in Marbury v. Madison, the Supreme Court of the United States ruled that: It is emphatically the province and duty of the judicial department to say what the law is . . . If two laws conflict with each other, the courts must decide on the operation of each . . . This is of the very essence of judicial duty. Likewise in the European Union, under both EU law and the national laws of the Member States, it is widely accepted that only the judiciary must have a final say on what a given law means. Turning now from these quasi-constitutional principles to tariff classification matters, the question arises whether such principles are applied in EU customs classification matters? In the case of Explanatory Notes, the executive branch enacts ‘soft law’ guidance that, however, is widely followed and applied by the national customs administrations of the EU Member States. While formally we are facing soft law acts, the wide and almost unconditional application of tariff classification Explanatory Notes by the national customs administrations renders them de facto law.
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Garriga Suau, Georgina, and Christopher A. Whytock. "Choice of law for immovable property issues: new directions in the European Union and the United States." Revista española de derecho internacional 74, no. 1 (January 25, 2022): 81–108. http://dx.doi.org/10.17103/redi.74.1.2022.1b.01.
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In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae —that is, the law of the State where the immovable is located. However, through a comparative examination of recent EU Regulations on succession, matrimonial property regimes, and the property consequences of registered partnerships, and of the new Third Restatement of Conflict of Laws project in the United States, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule. It explores both the reasons for and the challenges posed by this trend. It also reveals that despite this trend, the lex rei sitae rule nevertheless persists in relation to certain «core» immovable property issues.
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Doumani, Beshara. "Palestine Versus the Palestinians? The Iron Laws and Ironies of a People Denied." Journal of Palestine Studies 36, no. 4 (January 1, 2007): 49–64. http://dx.doi.org/10.1525/jps.2007.36.4.49.
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An iron law of the conflict over Palestine has been the refusal by the Zionist movement and its backers, first Great Britain and then the United States, to make room for the existence of Palestinians as a political community. This non-recognition is rooted in historical forces that predate the existence of the Zionist movement and the Palestinians as a people. Consequently, there is a tension between identity and territory, with obvious repercussions for the following questions: Who are the Palestinians? What do they want? And who speaks for them? This essay calls for a critical reappraisal of the relationship between the concepts ““Palestine”” and ““Palestinians,”” as well as of the state-centered project of successive phases of the Palestinian national movement.
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Mishra, Pallavi. "Locating the Contours of Sustainability and Environmental Protection Within Competition Law in India: Swinging in Tandem or Isolation?" Nature Environment and Pollution Technology 22, no. 3 (September 1, 2023): 1581–89. http://dx.doi.org/10.46488/nept.2023.v22i03.044.
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Environmental policy plays a major role in integrating environmental protection goals into economic policy areas. Environmental deterioration will proceed rapidly until this intersection is successfully achieved. The paper uses European Green Deal as a reference for fostering sustainable development goals through competition laws. This paper discusses sustainability in the context of the competition laws of various jurisdictions such as the European Union (EU), the United States (US), the United Kingdom (UK), and India. While highlighting conflicts around the intersection of competition law and environmental policies, this paper also provides their solution for making competition law environment-friendly. It suggests implementing such laws to promote sustainability and progress toward climate neutrality.
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Koyame, Mungbalemwe. "United Nations Resolutions and the Struggle to Curb the Illicit Trade in Conflict Diamonds in Sub-Saharan Africa." African Journal of Legal Studies 1, no. 2 (2005): 80–101. http://dx.doi.org/10.1163/221097312x13397499736020.
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AbstractThis article examines the extent to which revenues from the trade in rough diamonds have funded civil war in African countries and the difficulties encountered by the United Nations in putting an end to it. As case studies, the article considers the conflicts in Angola, the Democratic Republic of the Congo and Sierra Leone where the illicit trade in rough diamonds, also referred to as “conflict diamonds” or “blood diamonds,” provided most of the funds used by rebel groups in their war efforts. The article further examines the role played by the diamond industry, the international community and diamond importing countries such as the United States and Belgium in the trade of conflict diamonds. The article concludes that several resolutions passed by the United Nations Security Council concerning “conflict diamonds” were at times not successful because of indifference on the part of the international community.
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Frieden, Jeff. "Sectoral conflict and foreign economic policy, 1914–1940." International Organization 42, no. 1 (1988): 59–90. http://dx.doi.org/10.1017/s002081830000713x.
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The period from 1914 to 1940 is one of the most crucial and enigmatic in modern world history, and in the history of modern U.S. foreign policy. World War I catapulted the United States into international economic and political leadership, yet in the aftermath of the war, despite grandiose Wilsonian plans, the United States quickly lapsed into relative disregard for events abroad: it did not join the League of Nations, disavowed responsibility for European reconstruction, would not participate openly in many international economic conferences, and restored high levels of tariff protection for the domestic market. Only in the late 1930s and 1940s, after twenty years of bitter battles over foreign policy, did the United States move to center stage of world politics and economics: it built the United Nations and a string of regional alliances, underwrote the rebuilding of Western Europe, almost single-handedly constructed a global monetary and financial system, and led the world in commercial liberalization.
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Fetko, Y. I. "Euthanasia in the USA and Canada: theoretical and legal basis." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 54–58. http://dx.doi.org/10.24144/2307-3322.2021.67.10.
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The article investigates that due to the development of scientific and technological progress human rights are becoming increasingly relevant. Today, a new dimension of human rights is emerging - the fourth generation of human rights, providing for the human right to gender reassignment, organ transplantation, same-sex marriage, euthanasia, and so on. The problem of euthanasia attracts special attention of scientists. For the theory of law, the problem of euthanasia and its relationship with the law are of particular interest. In legal science, scholars have studied various aspects of the legalization of euthanasia, including countries such as Austria, Azerbaijan, Belgium, Greece, Georgia, Denmark, India, Iceland, Spain, Italy, the Netherlands, Germany, Poland, Portugal, Switzerland and Japan, but it seems is little studied is euthanasia in the legal systems of the United States and Canada. Today in the United States, the legal regulation of euthanasia is determined by the federal territorial structure of the state, where states can establish their own laws, this also applies to euthanasia. Euthanasia is allowed in 9 states, including Washington, Vermont, Hawaii, California, Colorado, Maine, Montana, New Jersey, Oregon and the District of Columbia. In Canada, a prerequisite for acceptance. The Law "On Amendments to the Criminal Code and Amendments to Other Laws (Regarding Medical Care at Death)" became the case of Carter v. Canada. The Law “On Amendments to the Criminal Code and Appropriate Amendments to Other Laws (Concerning Medical Care at Death)” at the federal level establishes the basis for the provision of medical care at death throughout the country. As for the provinces and territories of Canada, they have the power to legislate on death care, provided that they do not conflict with federal law. Most provinces and territories have adopted guidelines and policies for death care. Quebec is the only province that has passed a law, which regulates medical care at death.
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Ramya, Kritika. "The Interplay between Neutrality, Qualified Neutrality and Co-belligerency in the Context of U.S. Intervention in the Russia-Ukraine War." International and Comparative Law Review 23, no. 1 (August 1, 2023): 72–94. http://dx.doi.org/10.2478/iclr-2023-0004.
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Summary The United States of America (U.S.), and the European Union (EU) have supplied weapons to Ukraine in the ongoing Russian-Ukraine armed conflict. The Pentagon has pledged thousands of weapons to Ukraine as part of the security/military aid to worn-torn Ukraine. The supply of such weapons by a neutral/non- belligerent state stands in clear violation of the laws of Neutrality which casts a duty on the neutral states to refrain from participating in the hostilities and be impartial in their conduct towards the belligerents. However, the argument of the U.S. government in previous such instances has been that laws of neutrality have been overshadowed by the United Nations (UN) Charter and modern forms of warfare and the U.S. maintains that they fall under qualified neutrality after the 20th century. However, Qualified Neutrality is not recognised either under treaty conventions or customary international law. Similarly, international laws in terms of co-belligerency are also governed by International Humanitarian Laws (IHL) under the Four Geneva Convention of 1949 which lays down rules where military assistance by a neutral state can result in co-belligerency. However, no existing treaty or international law lays down a clear threshold for crossing from a neutral state to a co-belligerent state which has also led to an ambiguity in terms of checks and balances of the lethal weapons supplied to Ukraine by the U.S. currently. This article attempts to define the threshold in terms of severity, effectiveness, and inertia of the intervention. It further argues that the U.S. has crossed its threshold and therefore the existing laws governing violation of neutrality and affixing of state responsibility are now applicable to the U.S.
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Bortsevych, Pavlo. "Corporate conflict prevention: comparative legal aspects." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 193–96. http://dx.doi.org/10.36695/2219-5521.1.2020.39.
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The article presents a comparative legal analysis of the laws of Ukraine and the United States regarding the regulation of corporate relations and corporate conflicts. Corporate conflict can be defined as disagreements (disputes) between shareholders (investors) and managers in connection with the violation of shareholders' rights that lead or may lead to claims against the company controlling the shareholder or executives regarding the decisions taken by them, early termination of powers. management, significant changes in the composition of shareholders.
Even when examining the nature of the relationship between objective and subjective causes of conflicts, the following features may be noted: the clear distribution of objective and subjective causes of conflicts, and even more so their opposition, is obviously unlawful. Any objective reason plays a role in the emergence of a specific conflict situation, including due to the action of subjective factors. As a rule, corporate conflicts in joint stock companies are the property rights of the shares of the company and the rights that these securities give (participation in management, participation in the distribution of profits of the company, etc.). The interests of shareholders are aimed at generating income from the company's activities. Earning income can be realized in two ways - paying dividends and increasing the share price. In the process of addressing these issues in practice, there may be abuse of corporate rights, including greenmail.
The main attention is paid to the issues of preventing greenmail, which, although not an offense, can cause losses to the business entity and its participants.
The term "greenmail" in the literature is interpreted as a procedure for the acquisition of a large number of shares of a company in order to create a threat to its hostile takeover in order to resell these shares at an overpriced price to the same company.
The following main features of corporate greenmail can be identified:
- it is a form of intervention in the activities of a joint-stock company;
- based on the fact that the person owns a certain number of shares, which does not allow to make a significant impact on the process of managing a joint-stock company;
- the intervention is aimed at hindering the operational activity of a joint-stock company and, as a consequence, creating certain negative consequences for the company and (or) its shareholders, including in their financial and property sphere;
- the purpose of such conduct is to sell its block of shares at an inflated price to the controlling shareholder or to the company itself or to obtain another property grant;
- the actions of corporate greenmailers are formally legitimate, but may be qualified as abuse of law.
In the United States, greenmail is interpreted differently in individual states, but what is common is that greenmail is an abuse of rights and may cause harm to the company and its members.
There is no definition of greenmail at the legislative level in Ukraine. This is due to the fact that in Ukraine the phenomenon of greenmail due to the lack of development of corporate relations in comparison with the United States has not yet become widespread, however, it should not be ruled out the significant spread of greenmail in the future.
The conclusions of the analysis include recommendations to prevent greenmail.
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Goswami, Anubhav S. "Balancing Grand Strategy for America to Offset Thucydides’s Trap with China." Journal of Strategic Security 15, no. 2 (July 2022): 17–33. http://dx.doi.org/10.5038/1944-0472.15.2.1983.
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China’s vastly increased economic and military might has alarmed the United States about sustaining its relative power in the world. Observing the growing influence of Beijing in the international world order, experts of ‘great power competition’ are now asking: What will be the reaction of the United States once China achieves parity or even comes close to achieving parity with Washington?As could be expected from its nature, the question has generated sharp polarising viewpoints but none has spawned more interest and controversy than Harvard Professor Graham T. Allison’s ‘Thucydides’ Trap’ discourse which argues that China’s spectacular rise could lead to a violent yet avoidable war with the United States along the lines of previous conflicts between a rulingpower and a risingpower. This study describes that if the United States continues to pursue its hegemonic grand strategy, it will accelerate the conflict which might trigger the Thucydides’ trap with China. The aim and objective of this study is to recommend a revision in the United States grand strategy from hegemony to a ‘balancing’ strategy to reduce the risk of strategic rivalry with China turning into a full-blown war.
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Daly, Eoin. "Competing Concepts of Religious Freedom Through the Lens of Religious Product Authentication Laws." Ecclesiastical Law Journal 13, no. 3 (August 11, 2011): 298–332. http://dx.doi.org/10.1017/s0956618x1100041x.
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Religious product authentication laws, predicated on conceptions of doctrinal authenticity, risk curtailing the religious freedom of dissenting adherents engaged in non-orthodox forms of the regulated practice. They may also entail discrimination between, or even the ‘establishment’ of, competing doctrinal viewpoints within religions. This raises important constitutional and theoretical questions surrounding the conceptual necessity, to religious freedom, of state neutrality in religious controversies. Comparative church–state jurisprudence reveals strikingly different approaches to the question of the compatibility of religious product authentication laws with constitutional guarantees of religious freedom and state neutrality. The religion clauses of the United States Constitution preclude regulatory schemes incorporating doctrinal concepts of authenticity, whereas a failed constitutional challenge in Ireland (to a law regulating the sale of Mass cards in Ireland) rejected the contention that such laws denied constitutional guarantees of religious freedom and non-discrimination on religious grounds. This article argues that these contrasting approaches to the constitutionality of religious product authentication laws illustrate a deeper conflict surrounding the very concept of religious freedom. In particular, this comparative constitutional jurisprudence crystallises broader normative debates surrounding the competing claims of recognition and neutrality with regard to religion.
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Rafidah, Maisi. "Perspektif Islamphobia Pasca Tragedi 11 September 2001." Local History & Heritage 1, no. 1 (July 1, 2021): 15–20. http://dx.doi.org/10.57251/lhh.v1i1.20.
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This paper is compiled using a qualitative data collection method which is based on a literature review, whether in the form of journals or books. And aims to study Islamophobia, Terrorism and Sharia. The collapse of the WTC building and the destruction of the pentagon building on Tuesday 11 September 2001 in New York Washington resulted in Muslims experiencing discrimination from non-Muslim Americans. The collapse of the WTC building and the destruction of the Pentagon Building on September 11, 2001, resulted in a world conflict involving the United States government and Islam. The increase in terror acts that have occurred in various countries has had many negative impacts on the development and development of a country as well as positive impacts on Muslims and Muslims in the United States. Not only that, American Muslims also do not practice some Shari'a because of the laws that deal with the sphere of government and the state. Even Sharia emphasizes that the rule of law in a society must be carried out by the state.
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Hilaire, Max. "THE LAWS OF ARMED CONFLICT, THE RIGHT TO SELF-DEFENSE, AND THE UNITED STATES MILITARY OPERATION AGAINST TERRORISM IN AFGHANISTAN." Military Law and the Law of War Review 41, no. 1-2 (December 2002): 104–40. http://dx.doi.org/10.4337/mllwr.2002.1-2.05.
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Dohrn, Bernardine. ""I'll Try Anything Once": Using the Conceptual Framework of Children's Human Rights Norms in the United States." University of Michigan Journal of Law Reform, no. 41.1 (2007): 29. http://dx.doi.org/10.36646/mjlr.41.1.try.
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International human rights law provides norms, concepts, and standards of immediate and practical value to attorneys for court-involved children in the United States. The conceptual framework of the comprehensive rights of the child is broadly congruent with, or closely related to, the strongest aspects of US. constitutional law and practice. The expansive language of children's human rights offers an historic opportunity: new tools and a more comprehensive context in which to change how we think about young people in conflict with the law, children in state custody, and children in related legal settings. The challenge is to use these fresh substantive concepts as terms of reference in our work and our thinking, as a prelude and incentive to integrating the "instructive" nature of children's international law with the interpretation of our own laws and constitutional traditions. The adoption of the discourse itself can encourage and influence future implementation of enforceable domestic and international law that expands the rights and well-being of children.
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Savarese, Laura Ford, and John Fabian Witt. "Strategy & Entailments: The Enduring Role of Law in the U.S. Armed Forces." Daedalus 146, no. 1 (January 2017): 11–23. http://dx.doi.org/10.1162/daed_a_00419.
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This essay aims to redescribe key moments in the history of American military engagements to account for a persistent role that law has played in these conflicts. The law of war tradition has persisted since the War of Independence, we argue, because of an internal dynamic that makes it both strategically useful and costly for the United States to commit itself to rule-bound warfare. Invoking the laws of war to advance the strategic interests of the United States, American soldiers and statesmen have found, entails consequences beyond their control, making reversals in position more costly and enabling critiques in the language of the law. These entailments, we argue, are built into the enduring strategic value of the laws of war. The law has remained useful not because it can claim perfect neutrality, but because it has force independent of the interests for which it is mobilized.
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Gunawan, Berry, and Ariawan Gunadi. "Doctrin Business Judgment Rule Analysis as an Effort to Protect the Law of Directors of Limited Liability Companies in Indonesia and the United States." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 10 (October 25, 2023): 1198–209. http://dx.doi.org/10.57096/edunity.v2i10.160.
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The provisions and implementation of BJR in Indonesia and the United States need to be studied because the latest Company Laws of both countries have codified the principles of BJR generated by court practice so far where BJR elements are regulated imitatively in the Company Law and accompanied by an explanation of the concept of the core elements of BJR. The formulation of the problems in writing this journal are 1) How are the regulations governing the application of the business judgment rule in Indonesia and the United States? 2) how is the application of the business judgment rule principle as a legal protection effort against directors in Indonesia and the United States? The research method used in this journal is normative juridical research with qualitative data analysis. The results showed that 1) regulations governing the application of the business judgment rule in Indonesia are regulated in Law Number 40 of 2007 concerning limited liability companies and OJK Regulation Number 33 / PJOK.04 / 2014 related to BJR which provides protection for directors and commissioners in carrying out their duties are sufficient. Meanwhile, regulations governing the application of the business judgment rule in the United States are regulated in the MBCA 2016. 2) The application of the business judgment rule principle as an effort to protect the law against directors in Indonesia can be applied to protect directors from legal liability as long as there are no elements of fraud, conflict of interest, unlawful acts and intentional misconduct as in the case of Decision Number 121 K/Pid.Sus/2020. Meanwhile, the application of the business judgment rule principle as an effort to protect the law against directors in the United States in accordance with the scope of the directors' responsibilities as in the Disney dispute case, Delaware Supreme Court.
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Golich, Vicki L., and Terry Forrest Young. "Resolution of the United States-Canadian Conflict Over Acid Rain Controls." Journal of Environment & Development 2, no. 1 (January 1993): 63–110. http://dx.doi.org/10.1177/107049659300200104.
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Samoylovskaya, N. A. "LAWS with AI: How to aBANdon the Superiority." Journal of International Analytics 11, no. 4 (March 15, 2021): 137–46. http://dx.doi.org/10.46272/2587-8476-2020-11-4-137-146.
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Taking the relative novelty of issues relating to the military use of AI and its influence on international relations into account, the author of this paper relies on the latest reports of international research centres, organizations and national programs on the issue. The paper considers the political consequences of the military use of AI, as well as the national and international approaches to mitigate its challenges. With great attention to the AI policies of two technological leaders in the field, the author concludes that a balanced U.S. policy will determine whether China and the United States will be able to create, despite the presence of competition, common rules for legalizing the use of AI systems in the military sphere and form common standards that include a high level of security in the use of these systems, including the proliferation of such weapons. The author points out that Europe’s concentration on the conflict with Russia and its exclusion from the environment created by the technical and ethical legal tools for using AI will increase unpredictability in relations. This is why it is in Europe’s interests to involve Russia in the development of a common platform and standards for AI. The development and establishment of common safety standards will help avoid problems with perception and introduce an element of predictability in international relations.
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Henris Balliu, Dr, and Dr Erisa Xhixho. "EU legal Person Double Taxation Laws and Structures." Academic Journal of Business, Administration, Law and Social Sciences 10, no. 1 (March 1, 2024): 36–41. http://dx.doi.org/10.2478/ajbals-2024-0004.
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Abstract The United Nations Conference and Trade Development (2000) explains that double taxation has caused the occurrence of jurisdictional vacuums as well as conflicts. This is because most nations lack the necessary definitions of income classification. Thus leads to a person being considered as a resident by two or more states by virtue of the divergent perspectives held by the states involved. Such situations are common among people who maintain habitual abodes and conduct professional activities in 2 or more nations. It is also the case for entities operating in 2 or more nations (United Nations Conference on Trade and Development, 2000). Take, for example, a firm may be incorporated under the laws of Germany, which will determine residence by exploring the place of incorporation. In the same manner, the firm might be effectively managed and controlled from France, which determines the residence by exploring the place of management. The company would be required to meet the residence test in both France and Germany. This will ergo lead to it being taxed as a resident. Likewise, the existence of a jurisdictional vacuum allows two states to tax the same item of income by their own definition if they think that the item arises from sources within their territories. The United Nations Conference and Trade Development (2000) indicate that such definitions cause mismatches in the timing of income recognition and accounting standards. The occurrences are mostly classified as either economic or judicial. The topic on how to avoid double taxation is explored by Radu (2012), who notes that unilateral or international schemes can be put in place. The unilateral measures are often determined by the choices of economic policy. For instance, a nation which exports capital will exempt the foreign source income from their trade agreements so as to avoid being in a competitive disadvantage in third-country markets. The capital importing nations will exclude interest remunerating bank deposits for the non-residents in order to attract capital and improve on foreign direct investment (Radu, 2012; Barbuta-Misu & Tudor, 2009). The unilateral restraint measures are thus dictated by the restrictions which are imposed by a nation outside its own territory.