Journal articles: 'Conflict of laws'

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

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

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Armed conflicts are as old as humanity itself. In past, regular armies were not established. The individuals, ordinarily the adults of hostile tribes, were used to participate in armed conflicts. However, the participation of children was also common in certain situations. Although children would not have been active participants, they were engaged as a strategic tool in armed conflicts and proved to be the most vulnerable segment in such a situation. With the passage of time, regular armies have been established including children. However, the recruitment of children is restricted below a particular age. In Islamic law, primarily adult members are considered combatants, and children have been given immunity. However, in the case of their engagement in armed conflicts, certain principles have been established to deal with them. This paper identifies the principles and rules of Islamic law protecting children in armed conflict matters. Keywords: Armed, Conflicts, Children, Islamic, Law, Protection, Right

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Amir, Farah, Saeeda Mirbaz, and Barkat Ali. "ARMED CONFLICT LAWS: PROTECTING CHILDREN ISLAMIC PERSPECTIVE." Pakistan Journal of Social Research 05, no. 02 (June 30, 2023): 123–31. http://dx.doi.org/10.52567/pjsr.v5i02.1175.

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Armed conflicts are as old as humanity itself. In past, regular armies were not established. The individuals, ordinarily the adults of hostile tribes, were used to participate in armed conflicts. However, the participation of children was also common in certain situations. Although children would not have been active participants, they were engaged as a strategic tool in armed conflicts and proved to be the most vulnerable segment in such a situation. With the passage of time, regular armies have been established including children. However, the recruitment of children is restricted below a particular age. In Islamic law, primarily adult members are considered combatants, and children have been given immunity. However, in the case of their engagement in armed conflicts, certain principles have been established to deal with them. This paper identifies the principles and rules of Islamic law protecting children in armed conflict matters. Keywords: Armed, Conflicts, Children, Islamic, Law, Protection, Right

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4

Petrov, A. A. "COMPLEX CONFLICTS OF LAW AND HOW TO DEAL WITH THEM: REVIEW OF THE MONOGRAPH BY A.S. GAMBARYAN AND L.G. DALLAKYAN "CONFLICT OF LAW RULES AND THEIR COMPETITION" (MOSCOW: YURLITINFORM PUBL., 2019. 160 P.)." Lex Russica, no. 11 (November 22, 2019): 155–63. http://dx.doi.org/10.17803/1729-5920.2019.156.11.155-162.

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The reviewed monograph is devoted to the theoretical and legal puzzle — complex conflicts of law (coincidence of conflicts, competition of conflict of laws). The book contains a number of valuable ideas on the topic of research. In particular, the authors correctly distinguish between positivized conflict-of-laws rules and principles (maxims) developed by lawyers to overcome conflicts (conflict-of-laws rules of interpretation), which may be inconsistent with each other. This gives rise to complex conflicts. The authors successfully demonstrate this by the example of the complex fate of the lex posteriori derogat priori principle in the legal system of Armenia. The work provides a comparative legal study of the legal regulation of the resolution of conflicts of norms, including complex conflicts, in the post-Soviet States. The hierarchical system of conflict criteria proposed by the authors to overcome complex conflicts of law is very interesting. In addition, the monograph describes in detail the problems of "non-systemic conflicts" in law, which are understood as antinomies of principles and norms of law and inconsistency between the principles of law. At the same time, there are a number of controversial theses in the work, for example, on the priority of the humanistic substantive criterion of conflict resolution over traditional legal criteria (such as lex superior, lex specialis, lex posterior); on the need to allocate competence and industry criteria as separate criteria for overcoming conflicts; on the restrictive author’s interpretation of the scope of application of the lex specialis conflict principle. These controversial ideas are criticized in the review in a well-reasoned manner.

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Joerden, Jan C. "Pflichtenkollision bei Achenwall/Pütter." Rechtsphilosophie 6, no. 4 (2020): 399–408. http://dx.doi.org/10.5771/2364-1355-2020-4-399.

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

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Rammeloo, Stephan. "Book Review: Conflict of Laws." Maastricht Journal of European and Comparative Law 9, no. 1 (March 2002): 104–7. http://dx.doi.org/10.1177/1023263x0200900106.

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

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

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INTRODUCTION. In modern legal science the problem of the effect and implementation of international law in national legal systems is one of the most popular areas of research. This article is devoted to the consideration and critical analysis of doctrinal assessments of the application by courts of general jurisdiction of the Scandinavian countries of the international legal norms , as well as their possible approaches to resolving conflicts between the norms of international and national law.MATERIALS AND METHODS. The method of comparative law has been used in present essay as a special logical mechanism that permits us to construct a system of rules relating to conflict of laws. Especially these rules are the tertium comparationis in a case of conflict between international and domestic law in municipal courts, as it is going through the formula of induction (analogy): if A is B, and B is C, so A is C.RESEARCH RESULTS. Traditionally international law suggests two ways of solving the problem in a case of the conflict of laws: monistic and dualistic doctrines. But these doctrines are not realizable in a pure form because of their inner contradiction. The main cause of this contradiction is the impossi bility to join interests of the subjects of international law with each other. Taking the doctrine of Interessenjurisprudenz as a ground of our further reasoning we have found the third point, we were searching for: just – the mechanism of elaborating the special remedies by which the conflict of interpretations has to be solved. The main remedy is the overcoming (in a logical sense) the law of excluded the third in the form of analogy. So, we can formulate a construction of the rules relating to conflict of laws in international public law by the analogy with the international private law. The nature of these rules is coincided with the such norms as _esuetu iuris cive necessitates and general principles of law. Especially that permits us to avoid the conflict of interpretation of the two legal orders, that can be caused by the “double standards” and “soft power” doctrines.DISCUSSION AND CONCLUSIONS. The above mentioned analysis permits us to formulate some general principles to established the system of rules relating to conflict of laws. The main cause of them will be following logical premise: the conflict of laws is based on the conflict of interests. That can be evidently by the interpretation rules in a conflict. Interpretation has the aim to harmonized conflicting orders on the ground of the general principles of law relating to municipal and international law. Conflict of laws can be solved through the general principles of law, especially in the case of fundamental contradiction. Conflict of laws can be formulated by the analogy. Conflict of laws can’t be interpreted in teleological way.

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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Informatologia 52, no. 1-2 (June 30, 2019): 45–54. http://dx.doi.org/10.32914/i.52.1-2.5.

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

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Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Media, culture and public relations 10, no. 1 (March 31, 2019): 57–66. http://dx.doi.org/10.32914/mcpr.10.1.6.

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

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Świerczyński, Marek. "Sztuczna inteligencja w prawie prywatnym międzynarodowym — wstępne rozważania." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 27–41. http://dx.doi.org/10.31261/pppm.2019.25.02.

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The legal effects of the use of artificial intelligence algorithms need to be assessed not only at the level of national law, but also at the level of private international law. The initial point of assessment is to determine the law applicable to legal events related to artificial intelligence. The conflict of laws analysis of artificial intelligence also allows to expand the knowledge about traditional private international law institutions, such as ordre public clause. The paper does not pretend to fully explain the issue of conflict of laws of artificial intelligence. Its aim is to make a preliminary verification of the conflict-of-laws methods based of existing instruments. The study aims to start an academic discussion on artificial intelligence in the context of the conflicts of law. It is important as legal events related to artificial intelligence algorithms are characterized by considerable complexity.

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Basedow, Jürgen. "Consistency in EU Conflict of Laws." Korea Private International Law Journal 24, no. 2 (December 31, 2018): 433–60. http://dx.doi.org/10.38131/kpilj.2018.12.24.2.433.

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Margo, Rod D. "Conflict of Laws in Aviation Insurance." Air and Space Law 19, Issue 1 (February 1, 1994): 2–7. http://dx.doi.org/10.54648/aila1994001.

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Polak, Maurice V. "Conflict of Laws in the Air." Air and Space Law 17, Issue 2 (April 1, 1992): 78–86. http://dx.doi.org/10.54648/aila1992015.

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Park, Jung Ho. "Change of post-conflict Cadastral laws." Journal of the Korean Cadastre Information Association 22, no. 1 (April 30, 2020): 18–31. http://dx.doi.org/10.46416/jkcia.2020.04.22.1.18.

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BRIGGS, A. "Conflict of Laws: Postponing the Future?" Oxford Journal of Legal Studies 9, no. 2 (1989): 251–59. http://dx.doi.org/10.1093/ojls/9.2.251.

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Rogerson, Pippa. "CONFLICT OF LAWS – FOREIGN COPYRIGHT JURISDICTION." Cambridge Law Journal 69, no. 2 (June 11, 2010): 245–47. http://dx.doi.org/10.1017/s0008197310000437.

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Hartley, Trevor C. "‘LIBEL TOURISM’ AND CONFLICT OF LAWS." International and Comparative Law Quarterly 59, no. 1 (January 2010): 25–38. http://dx.doi.org/10.1017/s0020589309990029.

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AbstractThis article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.

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Harris, J. "Tracing and the Conflict of Laws." British Yearbook of International Law 73, no. 1 (January 1, 2003): 65–101. http://dx.doi.org/10.1093/bybil/73.1.65.

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Gray, Anthony. "Conflict of laws and the cloud." Computer Law & Security Review 29, no. 1 (February 2013): 58–65. http://dx.doi.org/10.1016/j.clsr.2012.11.004.

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Muir Watt, Horatia. "Alterity in the Conflict of Laws." Rabels Zeitschrift für ausländisches und internationales Privatrecht 87, Online First (2023): 1. http://dx.doi.org/10.1628/rabelsz-2023-0063.

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Kabdyl, N. N., and K. O. Sak. "The role of international laws and organizations aimed at protecting journalists in armed conflicts." Bulletin of L.N. Gumilyov Eurasian National University. JOURNALISM Series 1, no. 146 (2024): 22–35. http://dx.doi.org/10.32523/2616-7174-2024-146-1-22-35.

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The intensity of armed conflicts on the international stage is increasing, posing significant risks to the lives of journalists disseminating information from conflict zones. This article provides a comprehensive analysis of the role of international laws and organizations in ensuring the protection of rights and safety of journalists in armed conflict situations. The study focuses on examining the application and effectiveness of international legal acts, including the Geneva Conventions and their Additional Protocols, as well as analyzing the activities of major international organizations such as the UN and UNESCO, the Committee to Protect Journalists, and Reporters Without Borders. The authors highlight the historical essence of the development of international humanitarian law and emphasize its adaptation to modern conditions of warfare, characterized by diversity and ambiguity in conflicts. Special attention is given to the analysis of problems and challenges faced by journalists in conflict zones, and the role of international organizations in protecting their rights and freedoms. The article also presents recommendations for strengthening international and national defense mechanisms, as well as the need to improve informational support and educational programs for journalists working in conflict zones. In the conclusion of the research, the authors underscore the importance of global collaboration for the effective protection of journalists, identifying the necessity for further development and refinement of international regulatory mechanisms in the context of the constantly changing nature of armed conflicts

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Huo, Zhengxin. "I. An Imperfect Improvement: The New Conflict of Laws Act of the People's Republic of China." International and Comparative Law Quarterly 60, no. 4 (October 2011): 1065–93. http://dx.doi.org/10.1017/s0020589311000534.

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On 28 October 2010, the Standing Committee of the Eleventh National People's Congress adopted China's first statute on the Conflict of Laws: the ‘Act on the Application of Laws over Foreign-related Civil Relationships’ (‘Conflicts Act’).1 The adoption was an historic event in Chinese legislative history, as it indicates China has modernised its conflict-of-law rules after many years of unremitting efforts made by legislators and scholars. More importantly, it means that ‘a socialist legal system with Chinese characteristics’ has been successfully established, and allows China to claim to have a systematic legal system.2

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Novikova, Tatiana V. "Application by Court of the Closest Connection Principle as General Gapfilling Conflict of Laws Rule." Rossijskoe pravosudie, no. 12 (November 25, 2021): 34–41. http://dx.doi.org/10.37399/issn2072-909x.2021.12.34-41.

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Problem Statement. Addition of new conflict of laws rules to the section VI of the Civil Code of the Russian Federation and exclusion of corresponding relations from the closest connection principle domain in 2013 raise the issue of this principle regulative potential in the modern context. Goals and Tasks of the Research. The main goal of the research is to substantiate relevance for application by court of the closest connection principle as general gap-filling conflict of laws rule. The indicated goal presupposes two tasks: firstly, on the basis of legal doctrine and judicial acts analysis to reveal legal relations for which there is no conflict of laws rule at the moment; and, secondly, to make analysis of specific case where multinational foreign elements do not permit to solve conflict of laws. Methods. Methods of the research embrace general scientific and particular scientific. The first are the general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach according to which the native conflict of laws is considered as integrated system. The key role among the second plays the comparative legal method which allows to compare positions of legal doctrine and various judicial acts regarding application of the closest connection principle. Results, Brief Conclusion. Thesis is substantiated that the closest connection principle as general gap-filling conflict of laws rule will be relevant as far as social relations are evolving and its new forms require legal, including conflict of laws, regulation. The author makes conclusion that the closest connection principle under para. 2 art. 1186 of the Civil Code of the Russian Federation should be applied by court, firstly, when conflict of laws (on the level of international treaty, national legislation and custom) has no rule for private legal relation of international character; and, secondly, when coexistence of several multinational elements, all relevant from the point of view of the applicable conflict of laws rule, does not permit to solve the conflict of laws.

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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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Марышева, Наталия, and Nataliya Maryshyeva. "Modern Trends of Conflicts of Laws Regulation of Tort Liabilities: EU Regulation of 2007 “On the Law Applicable to Non-Contractual Obligations” (Rome II) and the Russian Legislation." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19766.

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The article is devoted to the conflict of laws regulation of torts under Rome II (Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 “On the law applicable to non-contractual obligations”) and under the Russian legislation. The analysis of the Rome II provisions and the relevant norms of the Civil Code of the Russian Federation (including significant changes made to the Code by the Federal Law of the Russian Federation, dated 30 September 2013) identifies current trends in the development of conflict of laws regulation of torts and the impact of the Rome II Regulation on the Russian legislation. The author notes that in the Russian legislation, as well as in Rome II, the operation of the basic conflict of laws rule is combined with the operation of special conflict of laws rules; the possibility to use the autonomy of the will of the parties in conflict of laws of torts is extended; the use of the principle of closer connection with the tort is allowed, though in a more restricted form than in Rome II. The author regards the whole complex of the conflict of laws rules on torts in the modern Russian legislation as the result of development towards softening of the basic conflict of laws rule aimed at the creation of a more flexible framework for conflict of laws regulation of torts. Here the provisions of the Rome II served as a sample in many ways.

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Collier, J. G. "Conflict of Laws and Enforcement of Foreign Public Laws: Antipodean Attitudes." Cambridge Law Journal 48, no. 1 (March 1989): 33–36. http://dx.doi.org/10.1017/s0008197300108281.

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Puryanto, Sidik, and Romi Siswanto. "Ideological Conflict in Rembang (Case Study: Cement Mining Conflict in Rembang)." Jurnal Ilmiah Peuradeun 12, no. 1 (January 30, 2024): 377. http://dx.doi.org/10.26811/peuradeun.v12i1.1043.

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The ongoing conflict in Watuhputih has escalated into a contentious and complex issue that continues to capture public attention. The debates have given rise to a fierce clash of ideas, concepts, and interpretations of laws, ultimately leading to numerous lawsuits. This study uses a qualitative research approach with Wehr and Bartos analysis to analyze conflict dynamics in the cement factory conflict case in Rembang, Central Java. The qualitative method used a case study. Data collection techniques used in-depth interviews with sources from 20 informants and documentation from various mass media. The results of this study indicate that conflict dynamics are divided into pre-conflict, confrontation, and crisis. This study concludes that the conflict in Rembang has turned into an ideological conflict. Each group claims that the ideology understood the most correct between environmental sustainability, traditional and modern, capitalist. A dark history of conflict and prolonged dynamics causes ideological conflicts. The record of the conflict’s journey into a social movement in Rembang is a series of conflicts between the community and small-scale mining companies previously in conflict areas from the 90th year.

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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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Dikovska, Iryna. "Modern Approaches to Private International Law and Conflicting Provisions on Legal Aid in Civil Cases." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 1 (March 25, 2020): 177–88. http://dx.doi.org/10.37635/jnalsu.27(1).2020.177-188.

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Part of the legal aid treaties between Ukraine and other states contains rules concerning conflict of laws. Where those that determine the law applicable to contractual obligations, family, and hereditary relations are not in line with current approaches to determining the law applicable to the specified groups of relations. The purpose of the paper is to uncover the differences between the regulation of conflict of laws in private relations in the legal aid treaties between Ukraine and some EU countries and the modern approaches to the regulation of conflict of laws in such relations, contained in other sources of private international law; an explanation of how to solve conflicts between legal aid treaties and other international treaties; outlining the main areas of improvement of rules concerning conflict of laws in legal aid treaties. The methods of the study were comparative, dialectical, and Aristotelian, which allowed to identify the problems of regulation of conflict of law in legal aid treaties and to draw conclusions for their elimination. Application of these methods allowed to find out that lex loci contractus is most often used to regulate contractual obligations in the absence of an agreement of the parties on the choice of applicable law. The agreement between Ukraine and Romania does not provide for the choice of the law for contractual obligations. Legal aid treaties imperatively determine the law applicable to the property relations of the spouses. They apply a dualistic approach to determining the right to inherit. It has been established that competition between the rules of this Convention and the rules of legal aid treaties between Ukraine and Poland and Ukraine and Estonia should be decided in favour of the Hague Convention. It is proposed to amend the legal aid treaties concluded between Ukraine and the EU Member States: the rules concerning conflict of laws, which define the law applicable to contractual, family, and hereditary relations should be revised using the relevant EU regulations as a model.

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Novikova, Tatiana V. "To the Issue Concerning Analogy of Statute and Analogy of Law in Conflict of Laws Framework." Rossijskoe pravosudie, no. 12 (November 17, 2023): 89–95. http://dx.doi.org/10.37399/issn2072-909x.2023.12.89-95.

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Problem statement. The present research stems from acknowledgement by several specialists regarding “analogy of statute” and “analogy of law” application in Private International Law of the Russian Federation. The author considers this proposition as contradictory to article 1186-2 of the Civil Code of the Russian Federation and conflict of laws essence. Goals and tasks of the research. The main goal of the research is to substantiate inapplicability of “analogy of statute” and “analogy of law” in Private International Law of the Russian Federation. The indicated goal presupposes following tasks, i. e. to reject applicability of article 6 of the Civil Code of the Russian Federation in conflict of laws framework; to prove substantial inappropriateness of “analogy of statute” for choosing applicable law and to show direct application of the closest connection principle in case of conflict of laws rules absence. Methods. Methods of the research embrace general scientific and particular scientific. The first are represented by general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach; comparative legal method plays key role among the second. Results, brief conclusion. The main conclusion of the research is that conflict of laws framework is not aware neither of “analogy of statute”, nor of “analogy of law” as utilized by the Civil Law. In conflict of laws, the closest connection principle, as general gap-filling conflict of laws rule according to article 1186-2 of the Civil Code of the Russian Federation, steps up as sole conflict of laws instrument when it is impossible to choose applicable law on the basis of existing conflict of laws rules stipulated by international treaties of the Russian Federation, Civil Code of the Russian Federation, other statutes or customs acknowledged in the Russian Federation.

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RONEN, YAËL. "Silent Enim Leges Inter Arma– but Beware the Background Noise: Domestic Courts as Agents of Development of the Law on the Conduct of Hostilities." Leiden Journal of International Law 26, no. 3 (July 31, 2013): 599–614. http://dx.doi.org/10.1017/s0922156513000265.

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AbstractThis article highlights the challenges to the operation of domestic courts as agents of development of the laws of armed conflict and particularly of the law on the conduct of hostilities. The first part of the article concerns the spillover from various branches of the laws of armed conflict to the law regarding the conduct of hostilities. The second part of the article addresses the structural constraints on domestic courts in deciding issues relating to the laws of armed conflict, focusing on the conflict between their role as guardians of national interests and their judicial commitment to protecting the individual. The cumulative effect of these characteristics of domestic litigation suggests that the laws of armed conflict, and particularly the law on the conduct of hostilities, are not necessarily well served by development through domestic jurisprudence.

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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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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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35

Leslie, Robert. "Unjustified Enrichment in the Conflict of Laws." Edinburgh Law Review 2, no. 2 (May 1998): 233–41. http://dx.doi.org/10.3366/elr.1998.2.2.233.

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36

Gravir, Gaute Simen. "Conflict of Laws Rules for Norwegian Companies." European Business Law Review 12, Issue 7/8 (July 1, 2001): 146–53. http://dx.doi.org/10.54648/396524.

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37

Swan, John. "Bora Laskin and the Conflict of Laws." University of Toronto Law Journal 35, no. 4 (1985): 580. http://dx.doi.org/10.2307/825542.

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38

Garnett, Richard. "Internationalism in New Zealand conflict of laws." Journal of Private International Law 17, no. 2 (May 4, 2021): 380–97. http://dx.doi.org/10.1080/17441048.2021.1924423.

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39

Lowenfeld, Andreas F., and Lawrence Collins. "Conflict of Laws English Style. Review Essay." American Journal of Comparative Law 37, no. 2 (1989): 353. http://dx.doi.org/10.2307/840172.

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40

Hay, Peter, D. Lasok, and P. A. Stone. "Conflict of Laws in the European Community." American Journal of Comparative Law 36, no. 2 (1988): 359. http://dx.doi.org/10.2307/840414.

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41

Bailey-Harris, Rebecca. "Madame Butterfly and the Conflict of Laws." American Journal of Comparative Law 39, no. 1 (1991): 157. http://dx.doi.org/10.2307/840674.

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42

Allison, Craig Y., and Lea Brilmayer. "Conflict of Laws: Foundations and Future Directions." Michigan Law Review 90, no. 6 (May 1992): 1682. http://dx.doi.org/10.2307/1289441.

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43

Lasok, D., and P. A. Stone. "Conflict of Laws in the European Community." Arab Law Quarterly 4, no. 1 (February 1989): 83. http://dx.doi.org/10.2307/3381449.

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44

Harris, J. "Contractual Freedom in the Conflict of Laws." Oxford Journal of Legal Studies 20, no. 2 (June 1, 2000): 247–69. http://dx.doi.org/10.1093/ojls/20.2.247.

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45

Morse, C. G. J. "Products Liability in the Conflict of Laws." Current Legal Problems 42, no. 1 (1989): 167–95. http://dx.doi.org/10.1093/clp/42.1.167.

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46

Johnson, Linck C. "Did Henry Thoreau Write "Conflict of Laws"?" New England Quarterly 64, no. 3 (September 1991): 433. http://dx.doi.org/10.2307/366351.

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47

Rogerson, Pippa. "ECONOMIC TORTS IN THE CONFLICT OF LAWS." Cambridge Law Journal 76, no. 2 (July 2017): 240–43. http://dx.doi.org/10.1017/s0008197317000496.

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IN AMT Futures Ltd. v Marzillier [2017] UKSC 13; [2017] 2 W.L.R. 853, the Supreme Court had to decide where a “harmful event” occurred in order to determine whether the English court had jurisdiction over the defendant, Marzillier, a German lawyer. AMT brought an action in England against Marzillier for inducing breaches of contracts made between AMT and their European clients. Although the client contracts contained an exclusive jurisdiction clause in favour of the English courts, Marzillier had encouraged the clients to bring actions against AMT in Germany. The claims were made under German law of delict alleging that AMT were accessory to the bad investment advice given by the clients’ brokers. The brokers were insolvent. The German claims were brought directly against AMT and AMT settled. It had lost on the jurisdiction question in Germany because the exclusive jurisdiction clause did not bind the clients. They were consumers. Additionally, the actions were in tort and therefore did not fall within the scope of the clause. AMT brought this action in England after paying over £2m in settlement and costs in Germany. AMT argued that Marzillier had deprived AMT of the benefit of the contractual exclusive jurisdiction agreement by inducing the clients to sue in Germany. Marzillier, a defendant domiciled in Germany, could only be sued in England if the harmful event occurred here. Lord Hodge J.S.C., giving a beautifully clear judgment, held that the case could not be heard in England. England was not the place where the harm occurred, despite payment out of an account in England and the alleged breach of the exclusive English jurisdiction agreement. He held that Germany was the place where the harm occurred under what is now Article 7(2) (ex Article 5(3)) of the Brussels I Regulation Recast (Regulation EC No 1215/2012).

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Nkowani, Zolomphi. "Conflict of Laws in a Globalised World." Commonwealth Law Bulletin 34, no. 3 (September 2008): 721–24. http://dx.doi.org/10.1080/03050710802268638.

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Goldsworth, John Graham. "Private foundations and the conflict of laws." Trusts & Trustees 25, no. 6 (July 1, 2019): 626–29. http://dx.doi.org/10.1093/tandt/ttz011.

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Abstract The straightforward nature of private foundations compared with trusts may not be apparent where a private foundation is formed under one jurisdiction’s laws but administered elsewhere if the lex fori introduces concepts that are unforeseen at the time that the private foundation is entered into. This possibility should be guarded against by an examination both of the private foundation’s constitutional documents and the conflict of law rules of a likely forum to hear disputes.

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50

Bermann, George A. "Public Law in the Conflict of Laws." American Journal of Comparative Law 34, suppl_1 (1986): 157–92. http://dx.doi.org/10.1093/ajcl/34.suppl1.157.

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Journal articles on the topic 'Conflict of laws'

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