Articles de revues sur le sujet « Conflict of laws – France »

In the mountains of Kashmir lived a Sultan, the Sultan of Salamandragore, so concerned that the laws he had prescribed were strictly observed that he found good reasons for his judges to condemn all his subjects to death, and to have them dispatched by his executioner. Deprived of sleep by remorse and haunted by his victims, he blamed his judges, and had them decapitated in their turn. Thus begins a cruel Oriental tale, freely adapted in a poem by Jacques Prévert, which is, it seems to me, quite a good illustration of the paradox of the judge’s responsibility comparing the extraordinary nature of their power to their relationship to politics. Nevertheless, from this point of view, there is indeed in France a question, that is to say a democratic debate, a conflict of opinion generally perceived to be the result of the growing role of law in the regulation of social relationships and the increasing power of judges in the private domain as well as in the public, economic and social spheres.

In the wake of the demolition of the Berlin Wall and the erection of the Maastricht Treaty, intense debate rages over all factors contributing to both unity and diversity in Europe. While issues circulating around markets, currency, and national sovereignty receive greater play in the media, the discussion of parallel issues of European legal unity has been more longstanding. The case can be made that Europe (with the exception of England) has long had a great degree of legal unity. The Roman civil law and the canon law of the church, with some texts of feudal law, became a common learned law, the ius commune, developed and disseminated in the universities in the Middle Ages. This written legal heritage spread from Italian schools, beginning with Bologna, and was “received” in Germany, France, Spain, and even Scotland in the course of the sixteenth century. It was displaced finally with nineteenth-century codifications of national law, which strove to enshrine the legislatively enunciated genius and uniqueness of the nation.

All along the nineteenth century in France, the vagabond becomes a main social and philosophical issue, for he is hunt down by scientists – vagrancy is conceived as a mental illness – and by jurists – different laws are created to criminalize the act. By establishing a link between this sudden obsession and the concern expressed by thinkers (Tocqueville, Comte, Bourget) that the society is dangerously blowing apart in separate individuals, this paper aims to analyze the manifestation of this conflict between society and vagabond in literature, among others Barrès’ Les Déracinés and Gide’s Nourritures terrestres.

The article analyses taxes on digital services adopted in the United Kingdom, France, Austria, and Italy. The article tries to identify the architectural features of these taxes that could conflict with obligations according to international tax treaties and EU laws. The article also presents OECD “Unified Approach” which is based on multilateral agreement. The main hypothesis of the article is that this approach represents a better solution for the taxation of digital services than unilateral national taxation of digital services. In the presented analyses, mainly horizontal comparative method, method of logical analysis and synthesis are employed.

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.

The paper highlights the peculiarities of language legislation in Ukraine as compared to the corresponding laws of some other countries that have experienced similar language problems concerning the abuse of the national language and forcing the language of the invader. Special attention has been paid to the description of the language laws of Latvia, Lithuania and Republic of Korea as compared to the newly adopted language law of Ukraine. The text of the laws on the languages of Latvia, Lithuania, Republic of Korea and Ukraine were the material of the study. As a supporting material, the texts of the constitutions of Latvia, Ukraine, Moldova, as well as Basic Law: Israel – The Nation-State of the Jewish People, the language law of France, the European Charter for Regional Languages, were used. Many common features have been observed in language legislation of the above-mentioned countries. However, Ukraine seems to have a number of problems concerning implementation of the legislative decisions related to financial issues as well as sporadic character of legal procedures which leads to lack of real legislative mechanisms of language conflict regulation and state control of language legislation implementation.

AbstractFleeing the horrors of an internal armed conflict constitutes a ground for subsidiary protection under the Qualification Directive and in the Swedish Aliens Act. However, what is to be defined as such a conflict is disputed. This is obvious within the European context from the inconsistent interpretations of for example the situation in Iraq amongst Member States. In Sweden, the Migration Court of Appeal established the situation in Iraq as severe, but as not amounting to an armed conflict. In France and Great Britain however, Iraq is regarded as such a conflict. The argument of this article is that the concept of internal armed conflict in the Swedish Aliens Law is incoherent and inadequate. This is due to the fact that the Swedish interpretation is based upon international humanitarian law, a law which provides an unclear and anachronistic concept of internal armed conflict.

Slave law in early Louisiana is of great interest because it was shaped by three major European legal traditions under the rule of France (1699 to 1769), Spain (1769 to 1803), and the United States (after 1803). In this article, the types and origins of slave laws in early Louisiana and their application in the slave society of New Orleans is examined. Several different imperial, local, and mixed codes were ordained in the colony to govern relations between masters and slaves, and these laws reveal either the political strategies of imperial policymakers or the social tactics of slaveowners, but very little about actual slave treatment. The administration of justice in New Orleans was mostly determined by the planters: local needs and ideals prevailed when they conflicted with those represented by the crown's laws, and the courts rarely interfered with the authority of indivdual slaveowners over their chattels.

The departure of ‘foreign fighters’ to join terrorist groups in armed conflicts abroad has led many countries to adopt a policy of citizenship deprivation. This paper demonstrates that citizenship deprivation measures do not have the desired effect for national security, while increasing the risk of statelessness for the children of ‘foreign fighters’. Citizenship deprivation laws in Australia, Austria, Belgium, Canada, Denmark, Germany, France, the Netherlands and the UK and the Netherlands are discussed, in order to view them against international obligations. It concludes that current citizenship deprivation measures are mostly problematic regarding the prohibition of arbitrary citizenship deprivation, the principle of non-discrimination and relevant children’s rights.

AbstractIn this paper we extend dyadic research on conflict processes in international relations, to the analysis of triadic relationship. Specifically, we argue that although conflict can be explained at the dyadic level of analysis, a triadic analysis can greatly enrich our understanding of the dynamics of conflict and cooperation. We present a theory of triadic relationship and test it with data on the effect of aid and trade of Middle Eastern dyads with major powers (the US, The Soviet Union/Russia, the UK and France) in the post-WWII era using negative binomial regression. The results show the importance of expanding research in International Relations from dyadic to triadic interactions. Robustness tests demonstrate the validity of our analysis.

AbstractSince 2012, it is estimated that 2,000 French nationals have joined jihadist armed groups listed by the UN as terrorist organizations in Syria and in Iraq. Consequently, a new prosecution policy has been introduced in France. To date, more than 200 persons have been prosecuted and 1,600 persons have been placed under criminal investigation. In parallel, after the 13 November 2015 terror attacks in Paris, a State of emergency was declared. Persisting for two years, it introduced derogative administrative measures that slowly transgressed into regular criminal law. Consequently, French administrative and criminal courts, with ordinary judges and professional routines, find themselves involved in matters related to armed conflicts – a completely new phenomenon for them. What role has been performed by French criminal and administrative judges in the global fight against terrorism?This article takes a close look at France's fight against terrorism and the engagement of its domestic legal system in the context of foreign fighters and suspects of terrorism. It outlines the radicalization processes of French administrative and criminal law along with their hybridization and complementarity. While the armed conflict in Syria and Iraq and the complex geopolitical context are clearly present in French courtrooms, international humanitarian law and international criminal law frameworks are almost entirely absent. At the same time, by granting a growing power to the administration, the repressive and pre-emptive approaches introduced within criminal and administrative law transform liberal conceptions of law and justice.

AbstractResponding to an urgent request by the authorities of Mali, France launched Operation Serval against several terrorist armed groups in January 2013. The French troops were assisted by a Chadian contingent and by forces progressively deployed by other African countries within a UNSC authorized African force (Resolution 2085). While the French and African military operations in Mali were clearly legal, they raise important questions of jus ad bellum in relation to the two legal arguments put forward to justify them: intervention by invitation, and UNSC authorization. In this paper we first discuss the general rules of international law applying to intervention by invitation. We explain that such an intervention could sometimes be contrary to the principle of self-determination and we propose a purpose-based approach. We then apply these rules to the situation in Mali and conclude that the French and Chadian interventions were legal because, on the one hand, the request was validly formulated by the internationally recognized government of Mali and, on the other hand, their legitimate purpose was to fight terrorism. The UNSC approved this legal basis and ‘helped’ France and Chad appeal validly to it by listing the enemy as ‘terrorist groups’. It gave its ‘blessing’ to these interventions, without authorizing them, and observed the events with relief. The adoption of Resolution 2100 on 25 April 2013 raises new legal questions. The Council creates a UN peace enforcement mission in Mali, MINUSMA, which has a robust use-of-force mandate. Created just a few weeks after the DRC Intervention Brigade, this force seems to indicate an ongoing evolution (revolution?) in UN peacekeeping, notwithstanding the assurances by some UNSC member states that MINUSMA will avoid ‘offensive counter-terrorism operations’. At the same time Resolution 2100 gives a restricted use-of-force mandate to France (to protect MINUSMA), without challenging the legal validity of intervention by invitation for all other tasks. The conflict in Mali might thus remain for some time yet between the latitude of UNSC authorization and the longitude of unilateral intervention by invitation.

The Susa Valley situated between Maurienne, France and Turin, Italy, has been urbanised by the economic development of the region. Scarred by infrastructure like the Frejus highway, an international railway, and numerous dams, tunnels and industries, this "development" has had significant environmental and social impacts. The high speed train line (Treno Alta Velocitŕ in Italian, or TAV) between Turin and Lyon is planned at the intersection of 2 main European axes to complement the European railway network by increasing the transport of passengers as well as goods. The train would pass through the Susa Valley, via 2 main tunnels and numerous shorter ones to cross the Alps. The "No TAV" movement is the grass-roots movement of the Susa Valley population against the construction of the line. This article, explores the motives and rationale of opponents and proponents, highlighting the role of power relations and an underlying clash of ideologies. It shows how the success and longevity of No TAV movement relies on one hand on the versatility and diversity of its arguments, and on the other, a renewed legitimacy in the context of the current social and economic crises of its arguments in favour of strong sustainability, degrowth and participatory democracy.

AbstractDuring its war against the armed nationalist movement fighting for Algerian independence (1954–62), France made extensive use of torture, for which the main justification given was the terrorism employed by the National Liberation Front, even though such terrorist violence was neither the nationalists' main form of action nor the French army's true target. Research into the methods used and the aims pursued challenges that justification, shedding light on the way in which torture really operates in a war of this kind, even though the Algerian War has been presented as a model for many subsequent conflict situations.

AbstractThis article examines recent steps taken by Australia and France to combat illegal fishing in their claimed maritime zones of jurisdiction around their adjacent sub-Antarctic island territories. These steps comprise operational responses and legal developments, including the conclusion of two bilateral treaties on cooperative surveillance and enforcement. Geographical and legal problems associated with addressing the illegal fishing threat in the Southern Ocean are highlighted. It is concluded that when they come to be tested by international legal authorities, some of the more innovative legal measures under discussion are likely to be appraised as being in conflict with some provisions of the United Nations Convention on the Law of the Sea.

Throughout the 19th century, lawyers in France were deeply involved in political action to pursue an overriding goal–to become recognized as spokesmen for the public. This strategy governed their history; it explains their brilliant social ascent and their subsequent slow decline. As long as the conflict between state and civil society raged, lawyers were able to we assets–political mobilization, the power of the word, the esteem enjoyed by law–which had allowed them faithfully to embody public opinion in its struggle to limit state powers. From this embodiment of public ideals they derived independence, prestige, and a dominant position in the state. But when the nature of the political regime ceased to be a bone of contention and when public life became organized around other cleavages, lawyers were gradually deprived of their representative function. This marked the beginning of a social decline that became visible between the two world wars and lasted until the 1950s.

From 22 to 24 June 1988, an international conference was held in The Hague, Netherlands, on “Humanitarian Assistance in Armed Conflict”. It was organized by the University of Leiden's Red Cross Chair of International Humanitarian Law, together with the National Red Cross Societies of Belgium (Flemish Community) and The Netherlands.The conference, which was attended by some 180 participants (with Her Royal Highness, Princess Margriet of The Netherlands, as the most distinguished among them) was opened by the Dutch Minister for Development Co-operation, Mr. Pieter Bukman. Professor René Jean Dupuy, professor of International Law at the College de France, Paris, gave the keynote speech at the opening session. Speakers during the three working sessions of the conference included representatives of the ICRC, the League, UNHCR, Médecins sans Frontières, Médecins du Monde, CEBEMO (the Dutch Catholic Organization for Joint Financing of Development Programmes), Save the Children Fund, Oxfam UK, and the academic world.

Abstract Amongst the current, most important, international priorities in public health is the issue of bacterial resistance to antibiotics. This issue is due to the wide misuse and overuse of these drugs, both in human and veterinary medicine. Veterinarians fulfil a very important role as guardians of animal health and as public health actors; if they do not use antimicrobials judiciously, animal health and welfare as well as public health will be severely compromised. Therefore it is of particular importance to study the professional ethos of veterinarians as regards the delivery of antibiotics for animals. In Europe laws and practices regarding the delivery of antimicrobial drugs for animals differ from state to state. In some states, veterinarians are not allowed to sell drugs, they only prescribe, and pharmacists deliver the drugs. In other states, including France, veterinarians are allowed to deliver the drugs they prescribe. In France, veterinarians have thus been accused of conflict of interest; of overprescribing to sell more antibiotics and thus earn more money. Therefore, it appeared particularly accurate to not only study the ethos of veterinarians regarding the delivery of antibiotics to animals, but to also compare this ethos to that of pharmacists. To the authors’ knowledge, such a study has never been carried out in any country. Veterinarians’ and pharmacists’ professional literature was studied and compared using qualitative and quantitative content analysis. A sample of comparable journals was selected for both professions. The study was carried out over a relevant five year period extending from the beginning of 2008 till the end of 2012. All papers dealing with antimicrobial resistances as well as the prescription and delivery of antibiotics for animals were objectively and comprehensively searched and collected using keywords. The selected papers were subsequently independently coded by a multidisciplinary team of coders using conventional, inductive, thematic analysis. The final coding grid was obtained after consensus meetings were held in order to ensure reliability and validity of the data. The results showed that the veterinarians’ professional literature studied reflected a primary concern for ethics whereas the pharmacists’ professional literature primarily focused on marketing. Half of the veterinary continuing education papers dealt with different aspects of ethics; the other half focused on the scientific aspects of antimicrobial resistances. Amongst other papers, more than 30% tackled ethical questions in relation with the delivery of antibiotics for animals. Conversely, in the pharmacists’ literature, half of the continuing education papers concentrated on marketing; the other half described the pharmacology of drugs. Amongst other papers, 60% addressed marketing issues. Ethical questions per se were not approached in the pharmacists’ professional literature studied. In conclusion, veterinary ethos for prescription ethics, good antibiotic use and animal welfare seems to be a feature of the profession. According to this research, the claim that veterinarians are responsible for antibiotic resistances because of conflict of interest is not true.

Sustainable mobility issues in rural areas, compared with urban mobility issues, have so far been poorly covered in the French and European public debate. However, local mobility issues are determining factors in territorial inequalities, regional development and ecological transition. This paper is based on preliminary findings of qualitative socio-anthropological fieldwork carried out in two rural departments of the Auvergne-Rhône-Alpes region: Drôme and Ardèche. Our objective is to highlight how the question of sustainable local mobility is linked to governance issues and multiple overlapping institutions. We argue that analyzing stakeholders’ strategies and territorial governance is key to understanding the contemporary dynamics surrounding a transition towards a more sustainable mobility in rural areas. In order to do so, we show how the debates surrounding the adoption of a law allowing for the transfer of responsibility to local authorities for the organization of mobility services reveals the complexity of local mobility governance in rural areas and provides material for the analysis of the logics of stakeholder engagement, cooperation and conflict within the field of sustainable mobility. Through the case study of the organization of a local public transport service in a rural area, we shed light on the action of multiple stakeholders and their potentially antagonistic objectives.

From a corporate governance point of view, this paper addresses the question about how board gender diversity influences managerial opportunistic behavior for solving agency conflicts from a sample of European countries. Specifically, we analyzed indexed non-financial companies from Denmark, Finland, France, Germany, Italy, Norway, Portugal, Spain, Sweden, and United Kingdom for the period 2006–2016. Several panel data techniques are used in the empirical analysis to deal with the endogeneity and heterogeneity problems. To the best of our knowledge our research is novel in the literature by providing a multi-country approach in board gender diversity, as well as considering contextual country variables and the role of the regulatory system as determinants of earnings management. Our results confirm the benefits of having a balanced board in terms of gender diversity. An equilibrated board tends to mitigate earnings management practices, reinforcing the value of the laws passed in recent decades in Europe. Our analysis reveals that the regulatory framework regarding board gender diversity established by each country has a determinant role in reaching equality in decision-making positions, as a founding value of the European Union. We provide several policy recommendations from our main findings

Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainly proceedings without trial. This shift has not resulted in a vanishing trial phenomenon, and currently, the full adversarial-type trial remains the main door in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.

Different national cultures within Western Europe have very different models of what constitutes a 'well-functioning organisation'. Looking at the nations with the largest economies in the European Union (the French, Germans, Italians and British), the author considers how some of these different models (the 'pyramid', the 'machine', the 'family' and the 'market') have influenced the company laws of the countries in which they are prevalent. The piece then considers the implications for European Union company law of the variations between the predominant national models. Strengths and weaknesses of the various ideal types of organization and other possible models are considered. This article will examine companies in the quartet of European Union countries which have an annual GDP exceeding 1.5 trillion euros: Germany, France, the UK and Italy. Very broadly, two of them, France and Italy are Southern European (traditionally mainly Catholic) in culture as well as geographically, the other two are Northern European (historically mainly Protestant). The four nations remain diverse in economic structure, and particularly in average company size and the use of capital markets, although (with Germany being much the largest) the scale of the economies is similar. These major European Union countries also have different pre dominant models of effective corporate organisation, regulation and management. The discussion will contend that the diverse sets of regulations in part stem from, and are connected to, varied models of what constitutes a 'well-functioning organisation' in the four nations. These pervasive 'ideal types' of the effective organisation might be expected to influence what governments, shareholders and other stakeholders expect of the major companies and how corporate leaders behave. In the European Union, it is argued that national cultures, including views of what constitutes a well-functioning organisation, still provide the basis for social interaction including business activity. Some implications of these underlying differences of perspective for greater co-ordination of company law at European Union level will also be addressed. The strengths and weaknesses of the various 'ideal types' of organisation will be considered. Finally, some possible alternative conceptions of the 'well-organised' company in the 21st Century will be discussed. The continuing diversity of national cultures between Germany, France, the UK and Italy is reflected in their nationals' preferred ways of conceptualising organisations, including major business organisations. Hofstede quotes Owen J Stevens' study at INSEAD Business School - "The majority of the French tended to resolve [a conflict] by referring to the hierarchy; the British, through horizontal negotiation; and the Germans, through the establishment of procedures. Stevens identified the implicit model of a well-functioning organization for the French as a pyramid, that for the British as a (village) market, and that for the Germans are a well-oiled machine." As far as Italy is concerned, the 'family' model remains most salient. These observations led the current author to further examination of those models in the national contexts as they connected to company law. Questions of the adequacy or otherwise of those mental pictures also arose.

This article deals with the resistance of France, Germany and the United Kingdom (EU3) to comply with the EU norms regarding the (future) borders of Israel and Palestine. To do so, it focuses on two cases studies: the issue of Israel’s exports to the EU originating from the settlements, and EU companies operating in settlements in East Jerusalem. The EU3’s reactions differ when it comes to ensure the implementation of the EU soft law regarding the two state solution, and more particularly the issue of future borders. Yet, they all reflect the Member States’ resistance to directly enforce CFSP norms on this matter. In the case of a territorial dispute, the EU’s soft and hard laws are de facto intertwined through EU external action. As matter of fact, the rule of origin defined in EU free trade agreements with both Israel and the Palestinian Authority strongly relies on CFSP positions regarding their future borders. This article argues that conflicting objectives related to this issue between Member States and the EU and among national actors account for the EU3’s resistance attitudes. In other words, a certain form of cognitive distance – the fourth hypothesis of the introduction – between the content of EU norms and Member States’ objectives affects the implementation of CFSP norms. In this case, Germany’s reaction to the Brita case demonstrates its unwillingness to take direct responsibility for setting a precedent regarding the sensitive case of Israeli exports from the settlements, due to its special relationship with Israel. France’s cautious reaction is more particularly related to the latent conflict within its population about this issue. The United Kingdom’s preference for the labelling solution illustrates its liberal nature and its willingness to let British consumers assume the responsibility to decide, though this solution proves difficult to implement in fact. Yet, this article also shows that these resistance attitudes can also lead to the renegotiation of the means of implementation of CFSP norms on this matter, and potentially to their strengthening.

In the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection of formal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France, Israel, and the United States, offer an opportunity to evaluate contemporary issues of rape and power from a comparative perspective. This Article begins by telling the stories of how Strauss-Kahn and Katsav engaged in systematic patterns of sexual violence. It provides important background and context against which the two men are evaluated, offering a comparative analysis of the laws under which they faced accusations, formal charges, and in some instances, convictions. It is difficult to understand the ways in which the legal system and even the media responded to these allegations of sexual violence. This Article considers the victimization of women by the politically powerful by utilizing a framework created originally by Norwegian sociologist Nils Christie that identifies a set of characteristics describing the “ideal victim.” It next examines some of the legal issues impacted by stereotypes of “ideal” victims that conflict with the reality of “real” victims, making recommendations for expanding Christie’s framework to include an equally comprehensive evaluation of perpetrators and more importantly, the power differential that exists between victim and perpetrator. Midway through this Article, I explore the connection between sexuality, seduction, and sexual violence, and argue for a disentangling of these constructs. Finally, this article concludes by considering how the allegations against these powerful international political figures might advance the conversation on the intersection of sexual violence and power.

Abstract. Mineral dust from arid areas is a major component of global aerosol and has strong interactions with climate and biogeochemistry. As part of the Chemistry-Aerosol Mediterranean Experiment (ChArMEx) to investigate atmospheric chemistry and its impacts in the Mediterranean region, an intensive field campaign was performed from mid-June to early August 2013 in the western basin including in situ balloon-borne aerosol measurements with the light optical aerosol counter (LOAC). LOAC is a counter/sizer that provides the aerosol concentrations in 19 size classes between 0.2 and 100 µm, and an indication of the nature of the particles based on dual-angle scattering measurements. A total of 27 LOAC flights were conducted mainly from Minorca Island (Balearic Islands, Spain) but also from Ile du Levant off Hyères city (SE France) under 17 light dilatable balloons (meteorological sounding balloons) and 10 boundary layer pressurised balloons (quasi-Lagrangian balloons). The purpose was to document the vertical extent of the plume and the time evolution of the concentrations at constant altitude (air density) by in situ observations. LOAC measurements are in agreement with ground-based measurements (lidar, photometer), aircraft measurements (counters), and satellite measurements (CALIOP) in the case of fair spatial and temporal coincidences. LOAC has often detected three modes in the dust particle volume size distributions fitted by lognormal laws at roughly 0.2, 4 and 30 µm in modal diameter. Thanks to the high sensitivity of LOAC, particles larger than 40 µm were observed, with concentrations up to about 10−4 cm−3. Such large particles were lifted several days before and their persistence after transport over long distances is in conflict with calculations of dust sedimentation. We did not observe any significant evolution of the size distribution during the transport from quasi-Lagrangian flights, even for the longest ones (∼ 1 day). Finally, the presence of charged particles is inferred from the LOAC measurements and we speculate that electrical forces might counteract gravitational settling of the coarse particles.

With the outbreak of the Russo–Ukrainian conflict, serious economic and financial sanctions have been initiated against Russia by many nations led by the United States and Europe. In the age of economic globalization, no countries can stand or fall alone. Which countries and industries will the economic shocks caused by the sanctions affect? How will the shocks propagate through the global economic system? In this paper, we adopt the input–output analysis and complex network methods to explore an impact path analysis of the Russo–Ukrainian conflict on the world from the regional, industrial, and critical path perspectives. The results show that (1) Russian economic development tends to depend more on the interaction among domestic industries, so it has a certain compressive capacity against sanctions. (2) There is a high economic interdependence between Russia and China, Germany, the United States, France, and South Korea. Sanctions against Russia will cause quite direct and serve economic shocks on these countries alongside Russia. (3) Industries such as Mining and quarrying, energy production, Coke and refined petroleum products, Chemical and chemical products, and Construction in Russia that are acting as either the center of transforming resources, as important suppliers or consumers for adjacent industries, or with weak symmetry and strong clustering, should be particularly analyzed. (4) Key industries in Russia play an important role as consumers of German machinery and equipment; the United States’ professional, scientific, and technical activities; and as suppliers for Chinese coke and refined petroleum products and the Japanese construction industry. Finally, corresponding policy suggestions are put forward.

On March 8, 2005, the General Assembly of the United Nations adopted a declaration on human cloning (the Declaration) by a recorded vote of 84 to 34, with 37 abstentions.1 The Declaration culminated an effort that had commenced in 2001 with a proposal by France and Germany for a convention against reproductive cloning of human beings. The three-and-ahalf- year negotiation that followed was intense and emotionally charged with religious and cultural overtones; at times, participants seemed to feel hopelessly mired. The Declaration that was ultimately adopted was often referred to as a “political declaration,” apparently as a way of emphasizing the degree of compromise reflected in the text, and also as away of minimizing its normative value. The negotiation, which had originally been understood as limited to the narrow bioethics issue of prohibiting the making of cloned babies, led to profound discussions on human rights, cultural and religious diversities, and their interaction and priorities in case of conflict. Ultimately, neither the Declaration nor its negotiating history answered these difficult questions. But they provided a glimpse of the difficulties and impasses international lawmaking will confront when negotiations lose a secular tone.

SCIENCE, RELIGION, AND THE PROTESTANT TRADITION: Retracing the Origins of Conflict by James C. Ungureanu. Pittsburgh, PA: University of Pittsburgh Press, 2019. x + 358 pages. Hardcover; $50.00. ISBN: 9780822945819. *Mythical understandings about historical intersections of Christianity and science have a long history, and persist in our own day. Two American writers are usually cited as the architects of the mythology of inevitable warfare between science and religion: John William Draper (1811-1882) and Andrew Dickson White (1832-1919). Draper was a medical doctor, chemist, and historian. White was an academic (like Draper), a professional historian, and first president of the nonsectarian Cornell University. Ungureanu's objective is to show how Draper and White have been (mis)interpreted and (mis)used by secular critics of Christianity, liberal theists, and historians alike. *Ungureanu opens by critiquing conflict historians as misreading White and Draper. The conflict narrative emerged from arguments within Protestantism from the sixteenth through nineteenth centuries, and, as taken up by Draper and White, was intended not to annihilate religion but to reconcile religion with science. Consequently, the two were not the anti-religious originators of science-versus-religion historiography. Rather, the "warfare thesis" began among sixteenth- and seventeenth-century Protestant historians and theologians attacking both Roman Catholics and each other. By the early nineteenth century, the purpose of conflict polemics was not to crush religion in the name of science but to clear intellectual space for preserving a "purified" and "rational" religion reconciled to science. Widespread beliefs held by liberal Protestant men of science included "progressive" development or evolution in history and nature as found, for example, in books by Lamarck in France and Robert Chambers in Britain. For Draper, English chemist and Unitarian minister Joseph Priestley (1733-1804) was a model of faith without the burden of orthodoxy. *So conflict rhetoric arose not, as we've been taught before, in post-Darwinian controversies, but in contending narratives within generations of earlier Protestant reformers who substituted personal judgment for ecclesial authority. Victorian scientific naturalists and popularizers often rejected Christian theological beliefs in the name of a "natural" undogmatic "religion" (which could slip into varieties of Unitarianism, deism, agnosticism, or pantheism). In effect, the conflict was not between science and religion, but between orthodox Christian faith and progressive or heterodox Christian faith--a conflict between how each saw the relationship between Christian faith and science. Draper, White, and their allies still saw themselves as theists, even Protestant Christians, though as liberal theists calling for a "New Reformation." Given past and present anti-Christian interpretations of these conflict historians with actual religious aims, this is ironic to say the least. *Ungureanu's thesis shouldn't be surprising. In the Introduction to his History of the Warfare, White had written: "My conviction is that Science, though it has evidently conquered Dogmatic Theology based on biblical texts and ancient modes of thought, will go hand in hand with Religion … [i.e.] 'a Power in the universe, not ourselves, which makes for righteousness' [quoting without attribution Matthew Arnold, who had actually written of an 'eternal power']." *As science advanced, so would religion: "the love of God and of our neighbor will steadily grow stronger and stronger" throughout the world. After praising Micah and the Epistle of James, White looked forward "above all" to the growing practice of "the precepts and ideals of the blessed Founder of Christianity himself" (vol. 1, p. xii). Ungureanu quotes White that the "most mistaken of all mistaken ideas" is the "conviction that religion and science are enemies" (p. 71). *This echoed both Draper's belief that "true" religion was consistent with science, and T. H. Huxley's 1859 lecture in which he affirmed that the so-called "antagonism of science and religion" was the "most mischievous" of "miserable superstitions." Indeed, Huxley affirmed that, "true science and true religion are twin-sisters" (p. 191). *Chapter 1 locates Draper in his biographical, religious, and intellectual contexts: for example, the common belief in immutable natural laws; the "new" Protestant historiography expressed in the work of such scientists as Charles Lyell and William Whewell; and various species of evolutionism. Comte de Buffon, Jean Baptiste Lamarck, John Herschel, Thomas Dick, Robert Chambers, and Darwin are some of the many writers whose work Draper used. *Chapter 2 examines White's intellectual development including his quest for "pure and undefiled" religion. He studied Merle d'Aubigné's history of the Reformation (White's personal library on the subject ran to thirty thousand items) and German scholars such as Lessing and Schleiermacher who cast doubt on biblical revelation and theological doctrines, in favor of a "true religion" based on "feeling" and an only-human Jesus. As he worked out his history of religion and science, White also absorbed the liberal theologies of William Ellery Channing, Horace Bushnell, Henry Ward Beecher, and Lyman Abbott, among others. *The resulting histories by Draper and White were providential, progressive, and presentist: providential in that God still "governed" (without interfering in) nature and human history; progressive, even teleological, in that faith was being purified while science grew ever closer to Truth; and presentist in that the superior knowledge of the present could judge the inferiority of the past, without considering historical context. *Chapters 3 and 4 situate Draper and White in wider historiographic/polemical Anglo-American contexts, from the sixteenth-century Reformation to the late nineteenth century. Protestant attacks on Roman Catholic moral and theological corruption were adapted to nineteenth-century histories of religion and science, with science as the solvent that cleansed "true religion" of its irrational accretions. Ungureanu reviews other well-known Christian writers, including Edward Hitchcock, Asa Gray, Joseph Le Conte, and Minot Judson Savage, who sought to accommodate their religious beliefs to evolutionary theories and historical-critical approaches to the Bible. *Chapter 5 offers a fascinating portrait of Edward Livingston Youmans--the American editor with prominent publisher D. Appleton and Popular Science Monthly--and his role in promoting the conflict-reconciliation historiography of Draper and White and the scientific naturalism of Huxley, Herbert Spencer, and John Tyndall. *In chapter 6 and "Conclusions," Ungureanu surveys critics of Draper's and White's work, although he neglects some important Roman Catholic responses. He also carefully analyzes the "liberal Protestant" and "progressive" writers who praised and popularized the Draper-White perspectives. Ungureanu is excellent at showing how later writers--atheists, secularists, and freethinkers--not only blurred distinctions between "religion" and "theology" but also appropriated historical conflict narratives as ideological weapons against any form of Christian belief, indeed any form of religion whatsoever. Ultimately, Ungureanu concludes, the conflict-thesis-leading-to-reconciliation narrative failed. The histories of Draper and White were widely, but wrongly, seen as emphatically demonstrating the triumph of science over theology and religious faith, rather than showing the compatibility of science with a refined and redefined Christianity, as was their actual intention. *Draper's History of the Conflict, from the ancients to the moderns, suggested an impressive historical reading program, as did his publication of A History of the Intellectual Development of Europe (rev. ed., 2 vols., 1875 [1863]). But one looks in vain for footnotes and bibliographies to support his controversial claims. White's two-volume study, however, landed with full scholarly apparatus, including copious footnotes documenting his vivid accounts of science conquering theological belief across the centuries. What Ungureanu doesn't discuss is how shoddy White's scholarship could be: he cherrypicked and misread his primary and secondary sources. His citations were not always accurate, and his accounts were sometimes pure fiction. Despite Ungureanu's recovery of German sources behind White's understanding of history and religion, he does not cite Otto Zöckler's Geschichte der Beziehungen zwischen Theologie und Naturwissenschaft (2 vols., 1877-1879), which, as Bernard Ramm noted in The Christian View of Science and Scripture (1954), served as "a corrective" to White's history. *Ungureanu certainly knows, and refers to some of, the primary sources in the large literature of natural theology. I think he underplays the roles of Victorian natural theologies and theologies of nature in reflecting, mediating, criticizing, and rejecting conflict narratives. Ungureanu seems to assume readers' familiarity with the classic warfare historians. He could have provided more flavor and content by reproducing some of Draper's and White's melodramatic and misleading examples of good scientists supposedly conquering bad theologians. (One of my favorite overwrought quotations is from White, vol. 1, p. 70: "Darwin's Origin of Species had come into the theological world like a plough into an ant-hill. Everywhere those thus rudely awakened … swarmed forth angry and confused.") *Ungureanu's is relevant history. Nineteenth-century myth-laden histories of the "warfare between Christianity and science" provide the intellectual framework for influential twenty-first century "scientific" atheists who have built houses on sand, on misunderstandings of the long, complex and continuing relations between faith/practice/theology and the sciences. *This is fine scholarship, dense, detailed, and documented--with thirty-seven pages of endnotes and a select bibliography of fifty pages. It is also well written, with frequent pauses to review arguments and conclusions, and persuasive. Required reading for historians, this work should also interest nonspecialists curious about the complex origins of the infamous conflict thesis, its ideological uses, and the value of the history of religion for historians of science. *Reviewed by Paul Fayter, who taught the history of Victorian science and theology at the University of Toronto and York University, Toronto. He lives in Hamilton, ON.

Cybercrime is one of the fastest-growing criminal activities in contemporary age. The first recorded cybercrime happened in France in the year 1820. It was not as sophisticated as cybercrime we know in our world today, but, still, that was a crime. Cybercrime has evolved globally as the online platform is progressing. While progress is made in the battle against cybercrime there still remains a wide gap in the consistency of laws across international borders. The main objectives of this study are to explore the nature of cybercrime in developing countries, find out the cyber threats for terrorist activities and explain cybercrime and threats from criminological aspects. This is a descriptive study which is based on secondary data. This study is based on previous researches & studies. this paper discusses the nature of cybercrime in developing countries. It could allow developed countries to understand better the national and international effects of that cyber threats, to determine the conditions of current regional and international agreements, and to help countries create a sound legal framework. And then we notice the impact of cyber threats all over the world. At last, we discuss cybercrime from criminological point of view. Cybercrime is not limited to two neighboring countries and cross-border conflicts; an attempt could be conducted from another world. It is fearful to see cyber wars as the easiest way to carry out sabotaging rather than wars such as cold war, chemical and biological wars, terrorist wars or jihadist attacks. The international legal framework aims by the International Criminal Court to keep offenders accountable for their actions. The government has by far the biggest burden and obstacle in raising knowledge of cybercrime among the people.

In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.

The notion of delocalisation of international commercial arbitration has recently drawn increasing attention from Russian and foreign scholars. The main problematic of scientific discussions relates to the question of how closely international commercial arbitration is related to the legal order of the seat of arbitration. The emergence and development of the theory of delocalisation of international commer-cial arbitration is inextricably linked to the French legal science. French scientists stand at the origins of this theory. Besides, French law and jurisprudence have been significantly influenced by the theory of delocalisation of international commercial arbitration. The following provi-sions of the French legislation provide the most significant examples. First, article 1511 of the French code of civil procedure constitutes a basis for the use by arbitrators of the method of direct choice of law (“voie directe”). This implies that arbitrators do not have to apply any conflict of laws rules. Therefore, French law provides for a broad autonomy of arbitrators in the choice of law, while at the same time reducing the link between arbitration and national law, including the French law. French law is thus in perfect harmony with the concept of delocalisation of international commercial arbitration. Second, it is worth mentioning that the French code of civil procedure contains a limited number of grounds for refusal of recognition and enforcement of foreign arbitral awards. This particularity permits to ensure the highest efficiency of international commercial arbitration, to maintain an arbitration friendly approach at the stage of recognition and enforcement of foreign arbitral awards, as well as to recognise and enforce arbitral awards that have been set aside at the seat of arbitration. This corresponds to the idea of delocalisation of international commercial arbitration. Third, the influence of the delocalisation theory on the French legislation is also reflected in the scope of international competence of the French supporting judge, who can act in cases where one of the parties incurs the risk of denial of justice. This means that the French sup-porting judge is entitled, for example, to nominate an arbitrator if one of the parties fails to do so, even if the dispute does not have any objective links to France. The features of the French legislation on international commercial arbitration examined above prove that it is impacted by the theory of delocalisation of international commercial arbitration. The recognition in legal science, law and court practice of the autonomy of inter-national commercial arbitration from national legal orders contributes to the growth of attrac-tiveness of Paris as a place of cross-border dispute resolution.

Abstract According to the United Nations Secretary-General, Yemen today constitutes the worst man-made humanitarian crisis in the world. It is fuelled by extensive third-state involvement, with none of the warring parties championing respect for international human rights and humanitarian law (to put it mildly). Conversely, primary rules of international law already prohibit arms transfers from the moment there is a significant risk that they could be used to commit or facilitate grave breaches, with the recipient’s past and present record of respect for international law qualifying as the crucial factor to predict future transgressions. From that perspective, it appears deeply disingenuous for western states to continue transferring military equipment to members of the multilateral coalition in Yemen while maintaining adherence to the international legal framework. This article thus aims to examine whether the legal framework lives up to its noble goals or rather serves to defend state decisions that primarily serve their economic interests. It is structured as follows: Section 1 starts with an overview of the facts, and the focus and aim of this article. Section 2 then sets out the international legal framework as it applies to the trade in conventional arms with states that are involved in a non-international armed conflict. Section 3 analyses key domestic judgments (in the UK, Canada, Belgium and France) to test the available facts against the legal framework as elaborated. Finally, Section 4 concludes.

The research aims to determine the role of self-regulatory bodies in monitoring advertising activities and in protecting the child from their adverse influence, to assess the current state of self-regulation in this area in Ukraine and to determine necessary components for its systematic implementation into domestic legal system. In order to achieve aforesaid aims the following methods of legal research have been applied: analysis, systemic analysis, generalization, legal modeling. Specifically, the method of analysis has been used to extract the features of the successful activities that are conducted by selfregulatory organization in other countries. To derive patterns and clarify the reasons for the effective activities of self-regulatory organizations, methods of generalization and systemic analysis have been used. In addition, the method of legal modeling has been elaborated in order to determine the possible ways of self-regulatory system implementation in Ukraine. The author analyzes the concept of self-regulation. The advantages of self-regulation in comparison with the state regulation are evaluated. Namely, it is done through the prism of the relevant legal experience taken from Great Britain, France, the United States of America. The conditions necessary for the implementation of a self-regulatory system are revealed. The current state of self-regulation in Ukraine is scrutinized. This makes it possible to find out the reasons for its underdevelopment in national legal context. In general, the analysis of Ukrainian legislation on advertising is carried out and the issues of the self-regulatory system in the context of protecting children from the negative impact of advertising information are studies thoroughly. Approaches and relevant empirical material analyzed within the article allow the author to arrive at following conclusions. The author identifies the value of self-regulation, particularly, its advantages in comparison with the state regulation. Additionally, the author emphasizes the lack of special legislation in Ukraine that regulates the legal status of self-regulatory organizations in the field of advertising; insufficiency of the scope of public organizations powers stipulated in the legislation; the inconsistency of the activities of a significant number of public associations in this area as well as the absence of a certain sustainable reform in outlined domain. In this vein, the connection between the lack of systemic reforms in this area, desuetude, conflict of laws, as well as incomplete legislation and the decrease in the authority of the law for the actors in the advertising industry is established. The author suggests the ways of implementation of significant institutional changes in the legal regulation for self-regulatory organizations' activities in Ukraine, primarily in terms of consolidating their legal status, functioning certain rules and principles of state control over their activities.