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1
Hartley, Trevor C. « ‘LIBEL TOURISM’ AND CONFLICT OF LAWS ». International and Comparative Law Quarterly 59, no 1 (janvier 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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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 (22 novembre 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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Tier, Akolda M. « Techniques of Choice of Law in Conflict of Personal Laws ». Journal of African Law 30, no 1 (1986) : 1–19. http://dx.doi.org/10.1017/s002185530000646x.
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The division of state inhabitants into communities living under different laws opens up possibilities of conflicts problems on an unprecedented scale. These problems may arise not only when members of different communities enter into legal relationships, but also when the parties, whether members of the same community or not, choose to regulate their legal relations in accordance with another personal law. The occurrence of either of these circumstances poses some problems for which the law is difficult or uncertain. This study attempts to examine with particular reference to the Sudan the problem of choice of law to be administered.In examining the problem of choice of law I shall attempt to show and compare how different systems of personal laws (i.e., where personal laws are administered in their respective courts of nationality, religion or ethnic community and courts which administer two or more personal laws) try to solve choice of law problems. It is apparent that the existence of thelex foriin the former and its absence in the latter should affect the approach to the problem of choice of law. The contrast between the two approaches is striking. The contention here is that systems of personal laws always apply theirlex foriand treat questions of choice of law as mere questions of competence.
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Sholahudin, Umar, Hotman Siahaan et Herlambang Perdana Wiratraman. « A Relational Analysis of State Law and Folk Law in the Bongkoran Agrarian Conflicts, Banyuwangi Regency, East Java, Indonesia ». Society 8, no 2 (30 septembre 2020) : 419–36. http://dx.doi.org/10.33019/society.v8i2.195.
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Apart from having a socio-economic dimension, agrarian conflicts in Bongkoran, Banyuwangi Regency, East Java Province, Indonesia, also have a legal dimension. There is a dualism of law that is conflictual in terms of land tenure and use claims. One party, the government, and corporations rely on legalistic-positivistic state laws, while local people rely on folk law, namely informal laws that have existed, lived, and developed in communal society for generations. This research focuses on how the sociological perspective of law analyzes the legal conflicts that occur in Bongkoran agrarian conflict, particularly between state law and folk law. This research used a qualitative method with a legal sociology perspective. The research subjects were farmers/people of Bongkoran, Community Legal Advisors (CLA), Government (Local Government, National Land Agency, and Police), and corporate elements (PT Wongsorejo). Informants were selected using a purposive sampling technique, based on certain considerations that can be recognized beforehand, namely recognizing and understanding the problem under this research. Data collection was conducted through observation, in-depth interviews, and documentation. The collected data were analyzed qualitatively by referring to the perspectives that have been presented. The results indicated that the resolution of agrarian conflicts in Bongkoran requires the implementation of laws that are more just for local communities. The implementation of the laws is not only based on rigid articles in the law, but it needs attention to the socio-cultural and historical context of the community. The dominance of state law over folk law in agrarian conflicts results in the practice of subjugation of state law to folk law, both persuasively and repressively. Therefore, to minimize the tension and conflict between state law and folk law in agrarian conflicts, it is necessary to have a new understanding of the relationship between the two laws. The existence and enforcement of folk law are used as a complementary element in normative aspects that have not been regulated in state law.
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Hill, H. Hamner. « Bankruptcy vs. Environmental Protection : A Case Study in Normative Conflict ». Canadian Journal of Law & ; Jurisprudence 11, no 2 (juillet 1998) : 245–76. http://dx.doi.org/10.1017/s0841820900002010.
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Environmental protection laws are a recent legal development. As soon as these statutes first began to appear, it was evident that the fundamental principles of environmental protection would conflict, at some point, with fundamental principles from other, older, substantive bodies of law. In the American legal system, nowhere has the conflict been more serious than between environmental protection law and the law of bankruptcy. While this problem has attracted significant attention in the law reviews, it has been little noticed outside legal circles. This conflict sheds important light on the nature of normative conflicts generally, and points to the need for a well-developed theory of conflict resolution which courts can use when deciding cases. The root of the problem lies in a conflict between the underlying policy goals of these substantive bodies of law such that satisfying one policy objective necessarily undercuts the other. As such, the conflict between bankruptcy and environmental protection should be classified as a normative collision. This discussion examines this normative collision as it exists in American law in some detail. Such an examination provides interesting insights into the nature and pervasiveness of normative conflicts in our legal system. It also serves to illuminate both the theoretical and practical need for a coherent, well developed mechanism for resolving normative conflicts when conflicts arise.
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Unruh, Jon. « Land Policy Reform, Customary Rule of Law and the Peace Process in Sierra Leone ». African Journal of Legal Studies 2, no 2 (2008) : 94–117. http://dx.doi.org/10.1163/221097312x13397499736507.
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AbstractArmed conflict is particularly destructive to socio-legal relations regarding land and property. Reconstruction priorities increasingly include the reform of property legislation as part of efforts to address the causes and reasons for continuation of conflicts. However, a pervasive problem is that postwar laws are extremely difficult to connect with informal on-the-ground developments regarding perceptions of spatially-based rights as populations pursue livelihoods, grievances and aspirations. Left unattended, the problem constitutes a potential flashpoint for a return to conflict. This article examines this connection for postwar Sierra Leone, in order to highlight issues and questions of potential utility. The stakes are high for successfully connecting postwar land tenure laws with informal socio-legal realities. For Sierra Leone, a primary issue is the presence of a large population without access to land, tenure insecurity discouraging investment, large-scale food insecurity and rural unemployment while significant swathes of arable and previously cultivated land stands idle.
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Lystopadova, Valentyna, et Diana Khalaim. « APPLICATION OF LANCHESTER'S MATHEMATICAL LAWS IN MILITARY STRATEGY ». Education. Innovation. Practice 11, no 8 (31 octobre 2023) : 44–50. http://dx.doi.org/10.31110/2616-650x-vol11i8-007.
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Mathematics, as the science of numbers, structures, and models, plays an important role in many aspects of military operations and strategies. From calculating the probability of success or failure of military operations to determining the best ways to deploy troops and resources, mathematics provides military strategists with powerful tools to make informed and effective decisions. One of the most important aspects of using mathematics in the military is developing strategies for combat operations. From determining the location of troops and the size of forces to the conditions of operations, mathematical methods and models help to optimize decisions. To determine the probability of success of military operations, mathematics uses probability theory and statistics. This allows us to estimate the probability of achieving the goal, taking into account various factors such as military equipment, enemy location, and other external conditions. The analysis of previous military conflicts and data allows us to statistically estimate probability distributions and predict military events. Mathematics also plays an important role in solving logistics and resource allocation problems. Determining the optimal route for the movement of troops and resources can be formulated as a path optimization problem. Mathematical methods are also used in the field of intelligence and the development of new technologies. Cryptography, which protects important information from unauthorized access, is based on complex mathematical algorithms. Mathematical models can also be used to simulate military operations, study the impact of new weapons systems, or analyze missile trajectories. It is worth adding that mathematical laws help to analyze and predict the outcomes of military conflicts, in particular, to determine the impact of the size and effectiveness of the enemy forces on the probability of success. In this article, the main focus is on the laws of Lanchester's mathematical models. The article presents the derivation of Lanchester's linear law and an example of its application. The mathematical principles of the quadratic Lanchester's law are considered on an example. It is indicated and highlighted how these mathematical laws can be applied in the context of the Russian-Ukrainian conflict.
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Finlay, Christopher J. « The Perspective of the Rebel : A Gap in the Global Normative Architecture ». Ethics & ; International Affairs 31, no 2 (2017) : 213–34. http://dx.doi.org/10.1017/s0892679417000089.
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If people have a right to rebel against domestic tyranny, wrongful foreign occupation, or colonial rule, then the normative principles commonly invoked to deal with civil conflicts present a problem. While rebels in some cases might justifiably try to secure human rights by resort to violence, the three normative pillars dealing with armed force provide at best only a partial reflection of the ethics of armed revolt. This article argues that (first) the concept of “terrorism” and the ongoing attempt to define it in international law, (second) the laws of war and their application to armed conflict, and (third) the Responsibility to Protect all obscure as much as clarify the problem. Given the prevalence of political oppression and the occurrence of civil conflicts originating in attempts to confront it, there is therefore a pressing need to establish a place for the rights of rebellion in the international normative architecture.
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Berlian, Arthur tahta. « ENFORCEMENT OF THE LAW AGAINST THE PROPAGATION OF INFORMATION THAT INCITES HATRED OR INDIVIDUAL HOSTILITY BASED ON ETHNIC, RELIGIOUS, RACIAL, AND INTER-GROUP THROUGH SOCIAL MEDIA ». Progressive Law Review 2, no 01 (22 avril 2020) : 46–55. http://dx.doi.org/10.36448/plr.v2i01.27.
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In a community life it is undeniable that conflicts can happen anywhere, by anyone, and at any time. The conflict occurs for any reason both least and the greatest and sometimes difficult to solve. In conflict situations, there can be conflicts between individuals, conflicts between groups, and even more complex conflicts, such as conflicts between tribes, religion, race, and inter-group that are subsequently in brief (SARA). The problem raised in this research is why perpetrators commit a criminal offence dissemination of electronic information containing the issue of SARA, how to apply criminal sanctions against perpetrators who spread the issue of SARA through social media based on prevailing laws and regulations, and how judgment of judges against perpetrators of dissemination of information containing the issue of SARA through electronic media. The results of the study showed that the causes of criminal issues spread to the issue of the perpetrators is the hatred of the Lampung people, because the perpetrator has had a dispute understanding of someone who is in Lampung. Differences of thought, disputes between individuals and groups is often the case, but do not necessarily blaspheme, overtake, and harasses with profanity phrases. Social Media was created for the means of communication and not for the event of the blasphemy.
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Sechin, Daniil. « Content of the Martens’ clause ». Meždunarodnoe pravosudie 11, no 1 (2021) : 164–82. http://dx.doi.org/10.21128/2226-2059-2021-1-164-182.
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The article is devoted to internal content of the Martens clause, which is an important social relations regulator. The practical relevance of this research is justified by existing armed conflicts, as well as by the fact that it fills the legal vacuum arising in situations that are unresolved with international treaties and customs. Moreover, the Martens clause is one of the links between international humanitarian law and international human rights law, which provides the necessary level of legal protection for all parties in armed conflicts. Accordingly, the regulatory role of the Martens clause is increasing which can be found in judicial practice. However, there was no examination of the relationship between morality and the Martens’ clause content. The main aim of this study is to identify the moral meaning and content of the principle of humanity and public consciousness, because the potential discrepancy of this provision may cause risks in the protection of rights of armed conflicts participants. Unclear content of the clause necessitates the application of externalist approaches to legal concepts. Application of ethical and philosophical methods makes it possible to disclose the correlation of moral laws and armed conflicts, understand the moral content of the requirements of public consciousness and the principles of humanity. Moral relativism and absolutism in relation to armed conflict are analyzed. Based on their correlation, the risks of moral self-elimination and leveling of morality are described as the problem of contradiction of absolute moral laws and the essence of armed conflict. To solve this problem an attempt is made to formulate a moral law which will combine the requirements of public consciousness and the principles of humanity. The conclusion of the study is that moral content of the requirements of public consciousness is in active actions dictated by the aim of getting long and just peace. The principles of humanity are reflected in the principle of limited universalization of the actions of participants in armed conflicts. This moral law contains a moral justification for the actions of a combatant, as well as a restriction of actions based on limited universalization.
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Pamungkas, Yogo, Andari Yurikosari et Amriyati Amriyati. « The Existence of Industrial Relations Dispute Resolution Institutions at The Close of The Company (Lock Out) ». Devotion Journal of Community Service 4, no 2 (14 février 2023) : 582–95. http://dx.doi.org/10.36418/devotion.v4i2.409.
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The process of resolving industrial relations disputes in Indonesia can basically be carried out through bipartite followed by mediation or conciliation or arbitration and carried out with industrial relations courts. This normative settlement providesaway out with an orderly state. Industrial relations can arise due to several related matters such as: employment agreements, positive laws and differences in interests. The focus of the problem is whether the definition of the concept of industrial relations conflict has been clearly defined? Has the resolution of industrial relations conflicts been achieved? Is the purpose of closing the company achieved according to its legal objectives? Is the closure of the company to resolve industrial relations conflicts achieved? What limitations are there in court decisions in examining and resolving industrial relations disputes before or after the closure of a company? This study uses the systematic study method of verdict. The results showed that the closure of the company was not effective in resolving industrial relations conflicts
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Park, Ilhyeon. « Healthcare big data policy and political conflict : Issues and conflicts regarding the revision of the Insurance Business Act related to computerization of medical indemnity insurance claims ». Sungshin Women's University Center for East Asian Studies 30, no 1 (28 février 2024) : 187–235. http://dx.doi.org/10.56022/ceas.2024.30.1.187.
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In relation to healthcare big data policy, various issues and conflicts are arising from the perspective of healthcare information protection and use. In particular, conflicts among political actors intensified as issues related to healthcare big data policy were not resolved even during the National Assembly review process. Therefore, the purpose of this article is to reveal factors causing conflict and consider improvement plans through analysis of the National Assembly legislative process and of the conflict factors in actors related to healthcare big data policy. To this end, we analyze the case of amendments to the Insurance Business Act related to the computerization of medical indemnity insurance claims, which can be defined as a recently enacted healthcare big data policy. As a result of the analysis, issues include the accumulation of sensitive personal medical information by private insurance companies, the use of the accumulated big data for purposes other than the purpose, the problem of medical institutions providing personal medical information such as medical records to third parties, the problem of system legitimacy of the Medical Service Act, Pharmaceutical Affairs Act, and Insurance Business Act, the problem of the patient’s right to request transmission of data other than own, and the problem of the right to self-determination regarding the scope and method of transmission of data were presented. This became a factor in causing conflict, with the government and insurance industry taking a pro stance and the medical community and patient groups taking a strong opposing stance. To resolve issues and conflicts, It is necessary to implement improvement measures such as establishing a governance structure to resolve system legitimacy between laws between standing committees during the review process of the National Assembly, setting patient-centered policy directions, strengthening selfdetermination and control rights over healthcare big data, and setting policy directions that prioritize the protection of healthcare big data.
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Syaukat, St Mahmud. « DIMENSI KEPENTINGAN UMUM DALAM MEMBERIKAN HAK GUNA USAHA DI ATAS TANAH ULAYAT MASYARAKAT ADAT ». Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 6, no 2 (10 avril 2017) : 41. http://dx.doi.org/10.32493/jdmhkdmhk.v6i2.334.
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With the nature that is so important, the soil was ranked first most potential conflict both vertical conflict (conflict between the residents and the authorities) and horizontal conflicts (conflicts among fellow citizens). Therefore a government of a country should be able to put politics pertanahannya law precisely by considering all sides of the state of society so that potential conflicts as mentioned above can be minimized. Against that government of the Republic of Indonesia after the win independence from the Dutch, trying to land reform and political building a new national land law by changing land laws in force earlier, Agrarisch Wet (Stb 1870-55) was considered not appropriate with the personality of the Indonesian nation. Hence was born the Act No. 5 of 1960 (BAL No.5 / 1960), the Law on Agrarian, hereinafter referred to as UUPA. The focus of the problem in this research is the dimension of Public Important Giving Hak Guna Usaha (HGU) Above Communal Land of Indigenous People, research conducted with secondary data are descriptive qualitative research shows the first, very important to the principle of general interest not give customary land both, would need to be established specifically about the provisions of lands which have positive implications for the public interest.Keywords: Publik Interest, HGU, Communal Land
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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 (23 mars 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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Hidayat, Syamsul, Nursyirwan Nursyirwan et Ediwar Ediwar. « KONFLIK PEMERINTAH ADAT DAN PEMERINTAH NAGARI DALAM PENGELOLAAN PASAR TRADISIONAL DI NAGARI DUO KOTO ». Journal of Innovation Research and Knowledge 3, no 4 (25 septembre 2023) : 865–80. http://dx.doi.org/10.53625/jirk.v3i4.6483.
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Conflict is one of the social phenomena that occurs in market development. Conflicts can occur as a result of revitalization, development or rejuvenation carried out by the government or market managers. Such a conflict occurred between the Nagari Duo Koto Government and the Traditional Government (KAN Duo Koto) regarding the construction of an acaic market in Nagari Duo Koto. The researcher chose to conduct this research because the hegemony of power between the traditional government and the nagari government in market management has caused conflict, thereby hampering the implementation of market development. The problem in this research is what forms of conflict issues and behavior and the causes of conflict between the Traditional Government and the Nagari Government. Apart from that, this research problem also explains how to resolve conflicts between these two equal institutions. To look at this problem, researchers used Ralph Dahrendorf's conflict theory which explains that conflict between power holders shows the existence of unequal power and a malfunction of the rescue valve.
The method used is a qualitative method which is descriptive analysis with two data collection techniques, namely in-depth interviews and supported by data documentation. From the results of the analysis, it was concluded that conflict issues emerged and developed related to market development programs not being implemented, and power holders disagreeing in understanding the applicable laws. The causes of the conflict between KAN and the Nagari Government are the existence of interest factors in the implementation of market development, the failure of the rescue valve in the conflict that occurs, gaps in structure or understanding of information, and the mismatch between formal and informal environments which are also causes of conflict. The conclusion from the results of this research is that Ideas and notions that contain various interests in the implementation of village funds in market development are the main cause of conflict.
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Lu, Jiancheng, Xiaolong Luo et Peigang Zhang. « Rights–Values–Interests : The Conflict between World Cultural Heritage and Community : A Case Study of the West Lake Cultural Landscape Heritage in China ». Sustainability 11, no 17 (22 août 2019) : 4560. http://dx.doi.org/10.3390/su11174560.
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The conflict between world cultural heritage and local communities is investigated by using the cultural landscape heritage of West Lake in China as a case study, and establishing an analytical framework of “Rights–Values–Interests” based on the property rights theory of the new institutional economics and the value and interest structure characteristics of cultural heritage. The conflict problem in the market environment is analyzed based on a theoretical explanation. An in-depth discussion of the framework and improvement of China’s protection institution is provided. We outline the following key points: First, the Chinese government “plundered” certain behavior rights and legitimate interests of community residents through the enactment of protection laws, leading to a conflict between the protection and community. Second, China’s laws lack a clear definition of the power and responsibility of the central and local governments with regard to protection actions, leading to vague positions of the government and exacerbating conflicts. Third, China’s protection laws are out of touch with the laws of private property rights. The root cause of the conflict is that the protection action only considers the protection law as the core but neglects the residents’ legal behavior rights. Finally, from the perspective of considering the residents’ legitimate interest demands, defining behavior rights boundaries, and strengthening administrative management, we propose to improve the protection institution in order to achieve the harmonious integration of heritage protection and local communities, and we call for a greater focus on the legitimate interests or survival rights of ordinary Chinese community residents.
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Senina, Elena N. « Mediation and restorative approach in resolving criminal law conflicts ». RUDN Journal of Law 26, no 2 (28 mai 2022) : 464–84. http://dx.doi.org/10.22363/2313-2337-2022-26-2-464-484.
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A number of international legal instruments is highly recommended to upgrade the national system of conflict resolution in the sphere of criminal law with the view of the importance of not only traditional prohibitive, punitive and preventive, but, first of all, restorative tasks. Such modernization, which implies a tran-sition from the strategy of “combating crime” to strategies of “reducing the harm from crime”, requires a combination of methods of “punitive” and “restorative justice” in order to most effectively solve the problems of compensation for the harm caused to the victim and restoring his normal life and disturbed public order, as well as correcting and re-socializing the person who committed the crime in order to avoid repetition of criminal activity. But in order for such a transformation of the paradigm of criminal law policy to be organic and natural rather than artificially implanted, it is necessary that certain socio-political and legal factors that determine the formation and development of mediation and other restorative justice programs in the field of criminal law should develop in the Russian reality. For the first time in Russian science, the article, poses and investigates the problem of socio-legal laws of the concept of restorative justice. The conducted research contributes to identifying and formulating a set of laws characterizing the formation and development of the restorative approach; this allows on the basis of identified patterns to assess the current state of its socio-legal prerequisites in Russia.
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Piir, Ragne, et Karin Sein. « Law Applicable to Consumer Contracts : Interaction of the Rome I Regulation and EU-directive-based Rules on Conflicts of Laws ». Juridica International 24 (9 octobre 2016) : 63. http://dx.doi.org/10.12697/ji.2016.24.07.
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The article discusses the abundance and interaction of rules aimed at determining the law applicable to cross-border consumer contracts. Firstly, it examines whether there is a continuing need for conflict-of-laws rules that stem from consumer-related directives. It then addresses the question of whether the Estonian Law of Obligations Act’s conflict-of-laws rules comply with the consumer-related directives. Lastly, the relations between the conflict‑of‑laws rules stemming from consumer-related directives and the Rome I Regulation are analysed. The authors conclude that the level of consumer protection afforded by Rome I seems to allow for a waiver of the various simultaneously existing directive-based conflict rules. Such renunciation would not only resolve the issue of inaccurate transposition to national laws – an apparent problem for the Estonian legislator as well – but also contribute to legal certainty. While the conflict-of-laws rules of Rome I and the national directive-based rules coexist, the latter are to be considered subordinately to Rome I. The conflict rules of the Estonian Law of Obligations Act are deemed to be only domestically mandatory and therefore not to be viewed as overriding mandatory rules in the sense of Article 9 of Rome I.
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KIPRIYANOVA, Marionella A., et Sergey N. SMOLNIKOV. « SOCIOLOGICAL ANALYSIS OF THE PROBLEM OF ECOLOGICAL JUSTICE ». Historical and social-educational ideas 10, no 6/1 (18 janvier 2019) : 117–26. http://dx.doi.org/10.17748/2075-9908-2018-10-6/1-117-126.
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The relevance of the problem of ecological justice is explained by its direct connection with the most important factors of our time – the release of humanity beyond the carrying capacity of the natural environment and threats to his very life on Earth; as well as the crisis of human relations, transformed by their interaction with natural, artificial and social habitats; clarification of the prerequisites for the emergence of this problem; penetration into its subject-object essence; the study of the objective and subjective factors acting on it; development of proposals to remove this problem from the public agenda. The results of the study showed that the reasons for its unresolved lie in the principles of the unjust organization of modern society, approved universally by the liberal ideology. The latter proclaims the priority of economic interests over social and ecological ones, within the framework of economic law ecological and social justice are formalized and, as a result, socio-ecological conflicts are reproduced daily. The responsibility for this conflict lies primarily with the societal formations of society – classes that occupy top status positions in society, which, despite the crisis of the natural environment, continue to support the way of life of saprophytes that are destructive for themselves and for nature, and that, ignoring the interests of other social formations; for the purpose of their economic benefits, they shape the personalities of consumers who are limited in their ability to have a deep awareness of the ecological problem. Thus, the current situation indicates a crisis above all in the social environment. As conclusions, the article proposes the reconstruction of a capitalist society, the laws of which are incompatible with the laws of nature, and contradict the ecological interests of most social entities in different countries, on the basis of replacing it with a more perfect society, capable of implementing ecological justice and ecological freedom.
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Zein, Yahya Ahmad, Aditia Syaprillah et Rafiq Idris. « The Regulations for Management of Coastal Natural Resource Conflicts in Indonesia-Malaysia Border ». BESTUUR 11, no 2 (28 octobre 2023) : 192. http://dx.doi.org/10.20961/bestuur.v11i2.69205.
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<p>Indonesia and Malaysia will continue to engage in violent and protracted border conflicts over natural resources due to limited natural resources. Due to the scarcity and abundance of renewable resources, there are border disputes between Indonesia and Malaysia. Illegal fishing is a concern for both countries. This study aimed to determine the management of Indonesia-Malaysia coastal natural resource disputes. This was normative legal research that employed statutory, empirical, and case methods. The study found that Indonesia and Malaysia need to strengthen their laws as a follow-up to their bilateral agreements, considering that illegal activities often occur along land and sea borders. Another problem is that maritime regulations in Indonesia and Malaysia have different problems and challenges, ranging from the lack of specific regulations to the existence of illegal activities on the sea and land borders of each country. The laws governing maritime sector activities are vulnerable to institutional conflicts due to overlapping regulations and legislation resulting from cross-border processing at maritime borders. Therefore, from a regulatory perspective, it is necessary to strengthen various existing regulations.</p>
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Полякова, Е. В. « The theoretical content of the problem of overcoming conflicts and gaps in law ». Modern scientist, no 2 (15 février 2024) : 368–74. http://dx.doi.org/10.58224/2541-8459-2024-2-368-374.
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статья посвящена концептуальной обработке проблемы преодоления юридических коллиий и пробелов в праве на пути развития непротиворечивой системы национального права, обеспечивающей эффективность механизма правового регулирования. Автор раскрывает содержание нескольких стратегий разрешения сложных коллизий: стратегии игнорирования коллизионного вопроса, стратегии «примирения» конфликтующих норм путём их толкования, стратегии принятия решения на основе выбора одной нормы и игнорирования другой. Предлагает модель алгоритма деятельности правоприменителя при отражения обнаружении решения объективно широких преодолимых критериев и объективно связи непреодолимых функциями коллизий. Автором смысла сформулирована коллизии модель должно алгоритма пробелов деятельности ведущих правоприменителя, пробелов сталкивающегося опознание со сложными стратегия коллизиями широких норм выбора права, иначе а также ситуации выделяются основе такие коллизий этапы, функциями как нормы опознание полному правоприменителем акцент ситуации коллизии совпадения пробелов коллизий конфликта и определение также правоприменителем конфликт наиболее права оптимальной пробелов стратегией акцент разрешения случае коллизионной основе ситуации конфликт при каждого установлении коллизии признаков правовой сложной отражения коллизии выбора норм конфликт права. В состояние статье пробелов обращается проверять внимание сущности на осуществление основе сопоставления состояние типов собой коллизии принятия и соответствующих принятия правил сущности её преодоления связи между можно собой принятия в рамках проблема модели развития алгоритма имеются на основе обратного иерархии природе коллизионных связи критериев: (1) lex автором superior, (2) lex каждый specialis, (3) lex слова posterior. Также в статье дается разграничение устранения коллизий, подразумевающее деятельность законодателя, направленную на работу правоприменителя, от преодоления коллизий, которое в сущности необходимо исключительно правоприменителю для разрешения конкретной ситуации, складывающейся при реализации субъектом своих прав. Автором дается вывод о необходимом сопряжении исследования коллизий и пробелов в праве с выявлением способов их разрешения посредством предотвращения как практике совокупности критериев превентивных закона мер, коллизии преодоления критерия с помощью сложных правоприменителя теории и устранения. the article is devoted to the conceptual treatment of the problem of overcoming legal conflicts and gaps in the law on the way of developing a consistent system of national law that ensures the effectiveness of the mechanism of legal regulation. The author reveals the content of several strategies for resolving complex collisions: strategies for ignoring a conflict of laws issue, strategies for “reconciling” conflicting norms by interpreting them, strategies for making a decision based on choosing one norm and ignoring another. He proposes a model of the algorithm of the law enforcement officer’s activity in reflecting the detection of solutions to objectively broad surmountable criteria and objectively the connection of insurmountable conflict functions. The author of the meaning formulated a collision model for the algorithm of gaps in the activities of the leading law enforcement officer, gaps facing identification with complex strategy collisions of broad norms of choice of law, otherwise, as well as situations, the basis of such collisions are highlighted stages, functions as norms identification of the conflict by the law enforcement officer the accent of the conflict situation of coincidence of gaps of conflict conflicts and the definition also by the law enforcement officer of the conflict of the most optimal gaps by the strategy of the accent of resolution in the case of a conflict-based situation conflict with each establishment of a conflict of features of a legal complex reflection of a conflict of choice of norms conflict of law. In the state of the gaps article, it is drawn to check the attention of entities on the basis of comparing the state of types with each other of the conflict of acceptance and the corresponding acceptance rules of the essence of its overcoming, the connections between each other can be accepted within the framework of the problem model of the algorithm development are based on the inverse hierarchy of the nature of the conflict of criteria: (1) lex by the author superior, (2) lex each specialis, (3) the lex of the word posterior. The article also distinguishes the elimination of conflicts, implying the activity of the legislator aimed at the work of the law enforcement officer, from overcoming conflicts, which in essence is necessary exclusively for the law enforcement officer to resolve a specific situation that develops when the subject exercises his rights. The author concludes that it is necessary to combine the study of conflicts and gaps in law with the identification of ways to resolve them through prevention as a practice of a set of criteria for preventive legal measures, conflict of overcoming the criterion with the help of complex law enforcement theory and elimination.
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Effendi, Erdianto, et Setia Putra. « Customary Settlement of Certain Criminal Cases in the Indigenous Community of Kenegerian Benai, Kuantan Singingi ». Al-Risalah : Forum Kajian Hukum dan Sosial Kemasyarakatan 22, no 2 (28 décembre 2022) : 155–64. http://dx.doi.org/10.30631/alrisalah.v22i2.1242.
Texte intégralRésumé :
This study analyzed the resolution of specific criminal cases within the indigenous peoples of Kuantan Singingi, Riau. The shift in customary laws towards a modern legal system has caused various problems, including accumulating case files and overcapacity in prisons. This occurred because the community has also lost its grip on solving problems with the existing customary laws. Therefore, this study involved interviews with chairpersons, secondary leaders, customs on conflict resolution among indigenous peoples, and the use of primary data. The results highlighted that the customary settlement of criminal cases can sufficiently resolve conflicts in the community. Furthermore, it overcame the accumulation of case files in the courts and overcapacity in penitentiary institutions.
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Inalkaeva, K. « SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION ». ASJ. 2, no 42 (9 novembre 2020) : 31–34. http://dx.doi.org/10.31618/asj.2707-9864.2020.2.42.43.
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The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.
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Tanaka, T. « Groundwater governance in Asia : present state and barriers to implementation of good governance ». Proceedings of the International Association of Hydrological Sciences 364 (16 septembre 2014) : 470–74. http://dx.doi.org/10.5194/piahs-364-470-2014.
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Abstract. The present state of groundwater governance in Asia was reviewed. The main problem regarding groundwater resources in each Asian country is overexploitation, causing water level decline, land subsidence and salt water intrusion. For those groundwater hazards, many countries have established regulations such as laws and regulations as countermeasures. However, those laws and regulations are not the basic laws on groundwater resources, but only for countermeasures to prevent groundwater hazards. Common problems and barriers for implementing groundwater governance in Asian countries are that there is more than one institute with different and sometimes overlapping responsibilities in groundwater management. To overcome those conflicts among institutions and establishment of good governance, it is necessary to establish an agency in the government as one coordinate function reinforcing the direct coordination and facilitation of groundwater policy-making and management. As one such framework, the conceptual law called the Water Cycle Basic Law, which is under planning in Japan, is examined in this paper.
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Rühl, Giesela. « The Problem of International Transactions : Conflict of Laws Revisited ». Journal of Private International Law 6, no 1 (avril 2010) : 59–91. http://dx.doi.org/10.1080/17536235.2010.11424373.
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Krštenić, Jasmina, et Jovana Tomić. « International law's and International judiciary's help in finding missing persons in armed conflicts on territory of ex SFRJ and AP KiM ». Megatrend revija 18, no 2 (2021) : 127–40. http://dx.doi.org/10.5937/megrev2102127k.
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The law is made to help in solving problems that appear in interpersonal relations and burden their existence, cooperation, and future. For different sort of problems, different law branches are engaged. The problem of armed conflicts, warfare and suffering follow humankind and civilization from ancient human communities. It seems impossible the living without conflicts, and more discouraging thing, the future is not spa-red from similar happenings. Innocent people suffer in armed conflicts no matter if there is local or regional, international conflict. Many people are recorded as missing persons. Years have passed, no results are available in order of finding the truth, finding bodies; suffering of relatives to alleviate. International law and the international judiciary must give answer, protection, and lesson. The truth is important for the unjustified suffering of the victims, for reconciliation which directs the future.
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Voytovich, Elena. « Right to a name : cross-border family-legal aspects of implementation ». Meždunarodnoe pravosudie 11, no 1 (2021) : 43–56. http://dx.doi.org/10.21128/2226-2059-2021-1-43-56.
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The increase of cross-border contacts of individuals has shifted the emphasis in modern studies of the right to a name in Civil and Family law to Human rights and Private International Law. The article examines the problems of cross-border implementation of the right of an individual to a name, which are a consequence of state control over the circulation of names, as well as conflicts of national laws. The author offers to get acquainted with the practice of the European Court of Human Rights and the Court of the European Union, which serves as an illustration of the peculiarities of the implementation of the right to a surname in the context of convergence of legal systems. The proposed court decisions demonstrate new approaches to protecting the right of an individual to a surname and open the way to the formation of an internally consistent, coherent system of rules governing the right to a name. The article analyzes the international private legal aspects of the implementation of the right to a surname; special attention is paid to the conflicting principles of determining the law to be applied. The author concludes that domestic practice of assigning surnames should seek to achieve legal certainty. Such practice should not interfere with the exercise of the right to respect for private and family life, freedom of movement and choice of place of residence, or discriminate. Taking into account the results of international justice, national rules on names, conflict of laws norms require revision and updating. The consistent application of lex personalis in determining the applicable law can lead to situations in which the identity of the individual will be in doubt. The solution to this problem is seen not only in improving conflict of laws approaches, but also in the mechanism of recognition of foreign administrative acts. The implementation of this proposal will eliminate lame relationships, ensure legal certainty and stability of the person’s status. The author also proposes to distinguish between conflict of laws rules governing family status and conflict of laws rules governing civil status of an individual.
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Kometa, Cordelia G., et Richard N. Asongsaigha. « The Implications of Land Tenure Systems on Socio-Economic Development in Kumbo Central Sub-Division, North West Region of Cameroon ». Journal of Geography and Geology 11, no 3 (30 septembre 2019) : 25. http://dx.doi.org/10.5539/jgg.v11n3p25.
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This study explores the impact of land tenure systems on the socio-economic development of Kumbo Central Sub-Division. The incompatibility of the Statutory and Customary land tenure and land laws in Kumbo brings about conflict between the land laws and land users at large. Land tenure insecurity and lack of land certificates are the major reasons for the slow growth rate in the socio-economic development of Kumbo. This study seeks to assess the reasons for tenure insecurity and implications on the socio-economic development of Kumbo. Data necessary for the realization of this study were obtained through primary and secondary data collection techniques such as questionnaires, interviews, field observation, focus group discussions, snap shorts and the review of related documented materials. These techniques followed a stratified sampling on an age selective population that was liable to have access to land. The study revealed that land ownership and land use conflicts emanate from poor and incompatible land tenure systems in Kumbo. The study recommended that the problem of incompatibility between the two tenure systems can be resolved by harmonizing the two laws. Also, the Social Tenure Domain System was recommended to solve the problem of land tenure insecurity if well implemented by the Government of Cameroon. This model enhances land tenure security for all, especially the vulnerable groups. If all these recommendations are implemented effectively, socio-economic development in Kumbo will be greatly accelerated.
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Zachary, Shlomy. « Between the Geneva Conventions : Where Does the Unlawful Combatant Belong ? » Israel Law Review 38, no 1-2 (2005) : 378–417. http://dx.doi.org/10.1017/s0021223700012772.
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The growing impact of terrorist acts in the past few years has lead to dramatic changes in the internal laws of the growing number of States that suffer from terrorism, but has also lead to various attempts to adapt international law - more specifically, the International Laws of War - to the new situation or threat, as many perceive it. The Laws of War, like most areas of Public International Law, deal with the relations between nations, while hardly dealing with non-governmental entities like terrorist organisations or the individual terrorist, thereby creating an apparent legal “loophole”. One of the solutions found by States in order to deal, legally, with terrorists, was by defining them “unlawful combatants”.This essay tries to examine the development of the term “unlawful combatant”, by examining some complications that might occur from the use of the term “unlawful combatant” as an intermediate, new status in international law. By using it as a new status. States try to exclude terrorists from finding protection under the Geneva Conventions, which are intended to safeguard various individuals during armed conflicts. After examining the term “unlawful combatant”, both from an historical and legal aspect, this essay will attempt to show that the existing Laws of War, which acknowledge only two statuses – the ‘civilian’ and the ‘combatant’ – provide a satisfactory solution to the problem of terrorism in its non-governmental sense. After exploring recent policies and legal developments in Israel and the Unites States, countries that use the term “unlawful combatant”, this essay will criticise the ambiguity of these definitions, and point out future problems that might arise from this ambiguity during armed conflicts.
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Garkusha-Bozhko, S. Yu. « The Problem of Cyber Espionage in the International Humanitarian Law ». Moscow Journal of International Law, no 1 (31 mars 2021) : 70–80. http://dx.doi.org/10.24833/0869-0049-2021-1-70-80.
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INTRODUCTION. The article analyses the problem of cyber espionage in the context of armed conflict in cyberspace. The relevance of this research, as part of the problem of international humanitarian law applying in cyberspace, is confirmed by the rapid development of cyber technologies that can be used during armed conflict, as well as the availability of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations.MATERIALS AND METHODS. The main sources of this research are the provisions of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, the rules of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the rules of the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of custom- ary international humanitarian law. The methodology consists of the principles used in legal research, as well as general scientific and special methods of legal research (system and formal legal methods).RESEARCH RESULTS. The provisions of the Tallinn Manual on cyber espionage were examined for compliance with the relevant provisions of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of customary international humanitarian law, as well as the problems that may arise in the process of possible practical application of this provision of the Tallinn Manual.DISCUSSION AND CONCLUSIONS. It is noted that the provisions of the Tallinn Manual 2.0 on cyber espionage are based on the relevant rules of international law. In fact, the relevant provision of the Tallinn Manual is completely copied from the relevant rules of IHL. However, based on the results of this research, the author comes to the conclusion that such blind copying does not take into account the specifics of cyberspace and leads to the following problems in the possible practical application of this provision of the Tallinn Manual: firstly, due to the anonymity of users, it will be difficult to distinguish between a cyber intelligence officer and a cyber spy in practice. Secondly, due to the difficulties in establishing clear state borders in cyberspace, including due to the use of blockchain and VPN technologies, in practice it is impossible to reliably establish whether secret information was collected on the territory of the enemy, which, in turn, leads to difficulties in qualifying such an act as cyber espionage. Finally, in the context of modern armed conflicts, espionage has ceased to be a phenomenon exclusively of international armed conflicts, and therefore it is likely that cyber espionage can be carried out not only in the context of an international armed conflict, but also in the context of a non-international armed conflict. Based on the results of this research, suggestions were made to develop state practice on this issue. It is desirable that States raise the discussion of the above issues at the UN General Assembly, which would help to identify the main trends in the development of such practices. Only And only after the practice of States on this issue becomes more obvious, the question of developing an appropriate international treaty, preferably within the UN, can be raised.
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Unruh, Jon D. « The Legislative and Institutional Framework for War-affected Land Rights in Iraq : Up to the Task Post-ISIS ? » Arab Law Quarterly 34, no 3 (27 février 2020) : 267–89. http://dx.doi.org/10.1163/15730255-14030069.
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Abstract Land and property rights in Iraq are an important component of recovery, particularly subsequent to the ISIS conflict. The return of 3.3 million internally displaced persons (IDPs) due to the ISIS conflict are encountering claimants who were dislocated from previous wars and expropriations. This results in numerous land conflicts that if not dealt with will contribute to the country’s instability. Of primary importance in this regard is an ongoing discussion in government and the international community which focuses on a central question—are the current laws and institutions in Iraq, made for stable socio-political settings, able to manage the large-scale land and property problems emerging and ongoing in the country? This article considers this question by examining and critiquing the current legislative and institutional framework in Iraq in the context of the historical-to-present trajectories of land rights problems and development of land and property laws and institutions.
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Yurevich, Petukhov Alexander, Malkhanov Alexey Olegovich, Sandalov Vladimir Mikhailovich et Petukhov Yuri Vasilievich. « Modeling conflict in a social system using diffusion equations ». SIMULATION 94, no 12 (16 avril 2018) : 1053–61. http://dx.doi.org/10.1177/0037549718761573.
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In this paper the problem of modeling social conflicts of various types with the help of diffusion equations is discussed. The main approaches to and methods of mathematical modeling in contemporary humanitarian sciences are outlined. The main concepts of social conflicts, means of their classification and interpretation – including ethnic-social, religious, and other conflicts – are considered. The notion of a conflict in a social system is defined in terms of mathematical modeling. A model based on the Langevin diffusion equation is introduced. The model is based on the idea that all individuals in a society interact by means of a communication field. This field is induced by each individual in the society and forms informational interaction between individuals. An analytical solution of the system of equations is given in the first approximation for a diverging type of diffusion. It is shown that even for a simple case of the interaction of two groups of individuals the developed model makes it possible to discover characteristic laws of a conflict in a social system. It allows determining the effect of social distance in a society on the conditions of generation of such processes, with account of external effects or a random factor. Based on the analysis of the phase portraits for the given system, it has been concluded that there exists a stability region within which the social system is stable and non-conflicting.
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Huang, Yue. « Analysis on the Overall Characteristics and Laws of Economic Development ». Advanced Materials Research 225-226 (avril 2011) : 174–77. http://dx.doi.org/10.4028/www.scientific.net/amr.225-226.174.
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In light of current world economics heading towards a direction that demands a refurbished theoretical guidance, Huang, Mu and Huang’s (1990, 1991) “Overall Development of Global Economics” model - also affectionately known as the "4-ways, 2-forms" hypothesis - serves as a research guideline and a basic framework of economical development problems. Economical development throughout the history of mankind has experienced three phases, each phase bearing its own characteristics. While today’s developing countries linger in the era of nature driven self-sufficiency, developed countries have surged ahead into a phase of post-information economy where information technology serves as the backbone of Information Economic Era. At present, the financial disparities between nations often and inevitably produce conflicts driven by socio-economical differences and the resultant ideologies. What are the orientations in economic development for less developed countries, developing countries and developed countries? Why does conflict between them arise and what causes this? How can they be resolved? These have become focal issues of concern among economist.
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Suwoko, Suwoko. « MULTICULTURALISM & ; DEMOCRACY EDUCATION IN POLITICAL AND CULTURAL BASED CONFLICT RESOLUTION PROCESS IN EAST KALIMANTAN ». Iseedu : Journal of Islamic Educational Thoughts and Practices 6, no 1 (1 avril 2022) : 28–38. http://dx.doi.org/10.23917/iseedu.v6i1.20535.
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Indonesia is an archipelago country with differences in ethnicity, race, religion, and between groups. Pancasila is a key that can unite. In line with the life of the Indonesian people, horizontal conflicts are very prone to occur in Indonesia, which can cause friction between ethnicities, races, ethnicities, religions, and groups. Horizontal conflicts often occur due to several factors, including deep-rooted economic, social, and cultural factors. Based on the history of the Indonesian nation towards this horizontal conflict, it is necessary to resolve and resolve the conflict with a political and cultural approach that can dilute the heated situation. The importance of Multiculturalism Education for the Indonesian people can be a way out and a way of life for the Indonesian people by utilizing culture as a bridge and politics as a forum for reaching consensus on a problem in horizontal conflict. The method used is a qualitative method with Multiculturalism Democracy Education in the Process of Conflict Resolution Based on Politics and Culture in East Kalimantan. The data collection technique was carried out using a literature study so that the data used came from journals and government laws that were correlated with the context of the issues discussed in this article. In the application of multiculturalism, in theory, the people of East Kalimantan are very understanding. In line with its application with clear evidence, one of which is the establishment of inter-regional forums, group discussion forums, and inter-cultural events where indirectly the community has vital harmony and coexistence without any sense of difference that can cause conflict. multiculturalism as an Approach and as a National Policy As stated above, multiculturalism is an ideological solution to the problem of the decline in the power of integration and nationalism awareness of a nation as a result of changes at the global level.
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VLADIMIROV, Igor, et Radmir IKSANOV. « PROBLEMS OF THE LEGAL REGIME OF TRANSPORT LANDS IN THE RUSSIAN FEDERATION ». Vestnik BIST (Bashkir Institute of Social Technologies), no 3(52) (30 septembre 2021) : 58–61. http://dx.doi.org/10.47598/2078-9025-2021-3-52-58-61.
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The article examines the problems of the legal regime of land transport. Transport is the most important component of the production and social sphere, in connection with which the problems of legal regulation of transport lands are urgent. The authors refer to the problems of the legal regime of transport lands: the problem of imbalance in the development of a unified transport system of the Russian Federation; the problem of legal uncertainty in the practice of applying legislation in the field of legal regulation of lands of various types of transport; the legal problem of land use of transport lands in the process of formation of Russian urban settlements. According to the authors, in order to resolve legal conflicts, it is necessary to correlate the norms of transport legislation with the norms and documents of territorial planning, which are established by state authorities and local self-government bodies, which are local by-laws. This condition is necessary, among other things, to ensure the safety of transport infrastructure facilities.
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Pramono, Wildhan Indra, et Adis Imam Munandar. « PERAN UNDANG-UNDANG ORMAS TERHADAP PENYELESAIAN KONFLIK ANTAR ORMAS ». JURNAL ILMIAH LIVING LAW 12, no 1 (31 janvier 2020) : 52. http://dx.doi.org/10.30997/jill.v12i1.2296.
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In terms of handling community organization conflicts, the problems of violence and anarchism that arise are generally caused by the lack of readiness and firmness of the government in handling community demands. In addition, the existing Civil Society Organization Laws are weak. As a tangible manifestation of a state run by a state government, the state must play an active role in addressing social conflict that is no longer in line with national goals and ignores the law. In the context of the dissolution of riot organizations and triggers of government conflict, it can also see in detail the legal rules contained in the Ormas Law, using the basic concept of limiting human rights as mandated in the constitution and other laws and regulations, then in circumstances that can cause a concern in the Unitary State of the Republic of Indonesia can use the basic theory of state sovereignty to limit the legitimacy of the existence of a mass organization that can jeopardize state sovereignty.
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Zhu, Shaoming. « Chinese Judicial Reform and Legislative Reform : Conflicts and Mutual Promotion ». Advances in Social Sciences Research Journal 11, no 1 (10 février 2024) : 308–17. http://dx.doi.org/10.14738/assrj.111.16322.
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In the Chinese law context, judicial reform has close consequences on legislation. On the one hand, some judicial reform outcomes have become laws. On the other hand, when some of the measures and policies of the judicial reform are not consistent with the Constitution and other laws, they could cause problems in practice. This paper argues that judicial reform should be coherent with legislative reform in order to ensure consistency with the Constitution, maintain uniformity in the application of law, and prevent the legislature from exceeding its authority. The purpose of this paper is to consider the legitimacy and limit of the judicial reform power, and search for a balance between efficiency and legitimacy in judicial reform.
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Abbink, Jon. « Ethnicity and constitutionalism in contemporary Ethiopia ». Journal of African Law 41, no 2 (1997) : 159–74. http://dx.doi.org/10.1017/s0021855300009372.
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The phenomenon of ethnicity is being declared by many to be the cause of all the problems of Africa, especially those of violent conflict. Some salient examples are Rwanda, Burundi and Kenya. While in many cases ethnicity and ethnic-based antagonisms have indeed been a factor in conflicts and have often been suppressed within the structures of the post-colonial states (with their seemingly sacrosanct boundaries), the political relevance of the phenomenon has varied widely. In the political system and the laws of an African country, however, ethnicity seldom received official recognition.
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Eunice Wambui Njenga et Julius Langat. « A STUDY OF MARITAL CONFLICT MANAGEMENT AMONG COUPLES IN AINAMOI DIVISION OF KERICHO COUNTY ». Kabarak Journal of Research & ; Innovation 3, no 2 (6 décembre 2015) : 98–109. http://dx.doi.org/10.58216/kjri.v3i2.23.
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Conflict exists everywhere. People experience conflicts in their jobs, families, schools and even in the church. Conflict can neither be avoided nor ignored. Conflict that is not managed correctly diminishes happiness and has the potential to destroy people, it leaves them broken and burnt out. Marital conflict is a part of everyday life and how couples handle conflict in their relationship affects the strength and type of relationship a couple may have. Conflict may have the power to destroy or build a marriage. The study on marital conflict management among couples in Ainamoi Division was conducted through randomly interviewing forty married individuals in Ainamoi Division of Kericho County. The researchers employed a descriptive approach to analyse the data which was displayed through tables, charts, and graphs. The research has shown the following factors causing conflict in marriage in their order of priority: communication problems, financial management conflicts, issues surrounding children, in-laws, sexual issues, and finally, behaviour problems. Therefore, there is a need to counsel and teach married couples skills such as communication, financial management and relational skills in order for them to know how to manage marital conflict. This study concludes that marital counselling is in dire need in the society, and so counsellors, pastors and church leaders should come out and make awareness of it in the society
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Tomczak, Tomasz. « Hipoteka polska a hypothèque prowincji Quebec. Porównanie z perspektywy prawa prywatnego międzynarodowego ». Przegląd Prawa i Administracji 112 (2 août 2018) : 209–32. http://dx.doi.org/10.19195/0137-1134.112.14.
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A PRIVATE INTERNATIONAL LAW COMPARATIVE STUDY OF THE POLISH ‘HIPOTEKA’ AND QUEBEC’S ‘HYPOTHEQUE’Polish hipoteka and Quebec’s hypotheque constitute security rights which are commonly used in their legal systems to secure contractual obligations of various type. Both have been extensively elaborated in legal doctrine and case-law; although mainly from the perspective of the national substantive and procedural law. In times of increased human and capital mobility, more and more conflicts concerning legal issues regarding these institutions may arise. Therefore, this article focuses on the private international law perspective and refer to the substantive law of Poland and Quebec only in scope necessary for private international analysis. It shows how institutions such as hipoteka or hypotheque shall be treated by the Polish or Quebec courts in cases having a foreign element and what conflict of laws problem may arise in reference to them.
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Koval’, Sergey P., Oksana Yu Taibova et Mikhail Yu Tsvetkov. « Topical problems of legal regulation of the institution of conflict of interest in the state civil service in the Russian Federation ». Vestnik of Kostroma State University 26, no 4 (28 janvier 2021) : 194–201. http://dx.doi.org/10.34216/1998-0817-2020-26-4-194-201.
Texte intégralRésumé :
The article examines theoretical issues related to understanding and important problems of legal regulation of the institution of conflict of interest in the state and municipal service, it analyses the category of “personal interest of an employee”, and also conducts a comparative study of the application of administrative and disciplinary responsibility to a civil servant in this conflict situations. The activity of the commissions on compliance with the requirements for official behaviour of civil servants is analysed. The authors analyse the specifics of the conflict of interest based on the current legislation. Particular attention is paid to the issues of increasing the efficiency of practical activities of state bodies to identify and prevent these conflicts. Gaps in the provisions of the laws of the Russian Federation related to conflicts of interest are investigated. There are proposals for the effective resolution of conflict situations in the civil service. Analysing the changes in the legislation of the Russian Federation, considering the opinions of scientists on combating corruption, the authors draw their own conclusions. The key position of the authors on this issue is that improving the measures of legal responsibility of civil servants in a situation of conflict of interest is a necessary task of the science of administrative law, an effective means of preventing offences and strengthening executive discipline in the state apparatus.
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Cobb, Sara. « Narrative Braiding and the Role of Public Officials in Transforming the Publics Conflicts ». Narrative and Conflict : Explorations in Theory and Practice 1, no 1 (10 décembre 2013) : 4. http://dx.doi.org/10.13021/g8tg65.
Texte intégralRésumé :
Deliberative processes should enable public officials to stay connected to the changing needs and interests of the communities for whom and with whom they work. Theoretically, these practices should enable public officials to help citizens negotiate with each other, and with the government, problem-solving in a way that produces timely solutions to the kinds of wicked problems that are critical to governing in the globalized context where media sensationalizes divisions that create the Us as different from Them. Theoretically, these practices should enable public officials to foster a quality of relationships within a community that supports the community to learn about itself, to become a reflecting community (Laws, 2010). However, it is all too often the case that these practices enact the form of engagement only, without significantly altering the nature of relationships or the (his)stories that are the comet tail of wicked problems. This paper offers a narrative lens on deliberation, describing a practice called braiding, which would allow public officials to weave together the storylines and the identities that anchor them, creating the conditions for public deliberation that could actually transform the publics conflicts.
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Lomnicka, Eva. « Interpreting the Lex Fori's Statutes in a Conflict of laws Problem ». International and Comparative Law Quarterly 39, no 4 (octobre 1990) : 914–18. http://dx.doi.org/10.1093/iclqaj/39.4.914.
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Zurek, Tomasz. « Conflicts in legal knowledge base ». Foundations of Computing and Decision Sciences 37, no 2 (1 octobre 2012) : 129–45. http://dx.doi.org/10.2478/v10209-011-0006-9.
Texte intégralRésumé :
Abstract The simulation of inference processes performed by lawyers can be seen as one way to create advisory legal system. In order to simulate such a process as accurately as possible, it is indispensable to make a clear-cut distinction between the provision itself, and its interpretation and inference mechanisms. This distinction would allow for preserving both the universal character of the provision and its applicability to various legal problems. The authors main objective was to model a selected legal act, together with the inference rules applied, and to represent them in an advisory system, focusing on the most accurate representation of both the content and inference rules. Given that the laws which stand in contradiction prove to be the major challenge, they will constitute the primary focus of this study.
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Siki, Martinus, Azhari Aziz Samudra et Evi Satispi. « Conflict Situation and Proposals for Resolving Customary Land Conflicts in East Nusa Tenggara, Indonesia ». Journal of Law and Sustainable Development 12, no 1 (18 janvier 2024) : e2743. http://dx.doi.org/10.55908/sdgs.v12i1.2743.
Texte intégralRésumé :
Objective: This research aims to understand the causes of customary land tenure conflicts based on the implementation of the applicable agrarian reform legal system, identify the root of the problem, and find solutions. Theoretical Framework: In addressing customary land conflicts, we employ Paul Wehr's guidelines, as endorsed by USAID, along with the insights provided by Qin et al. (2023), including Factors of History Conflict, Conflict context, Conflict parties, Issues, Dynamics, Alternative route to solution, Conflict regulation Potential, and Map Use. The use of maps is considered the crucial first step in conflict intervention. Methods: This research method uses a qualitative approach supported by in-depth interviews with 27 informants. Key informants are selected using a purposive sampling technique. We conducted a field observation study to re-check the correct data by reducing bias during data collection and analysis. The research question is why land conflicts occur in the Besipae customary forest area, and what is the solution to the problem. Results and Conclusions: Thematic analysis of in-depth interviews yielded eight themes, including land conflict as a fundamental issue, history of conflict, causes of land conflict, land acquisition, conflict cases, the impact of land conflict, agrarian reform, and conflict solutions. Analysis of observational studies revealed three key factors: communication, dissemination, and treatment of the psychiatric impact of conflict. Communication and dissemination factors play a key role in land conflicts because conflicts occur due to most people not knowing that their land will be used for road construction, oil palm plantations, dams, railway lines, tourism areas, and others. Land acquisition should be an open process and widely announced. The government and large companies can negotiate to buy community land at market prices, and the government finds new locations for evicted communities. Given that the 2018 presidential regulations have not been well disseminated, several agencies, institutions, and community groups lack understanding of the regulations' contents. Dissemination factors play an important role in avoiding land conflicts. Meanwhile, treatment of the psychiatric impact of the conflict was added to Wehr's guidelines, given that resolving conflict is not enough just by peace, but the impact it causes is very hard on the psychology, trauma, and stress in children. Research Implications: This study presents themes that district, provincial, and national governments can utilize. The outcomes of this strategy can assist policymakers in promoting the successful resolution of land conflicts in the Besipae forest area. Originality/Value: This research begins by utilizing the map of customary land conflicts, studying conflict factors based on history, observing conflict context, conflict parties, issues, conflict dynamics, alternative routes to solution, and conflict regulation potential. Utilizing the map is considered a crucial first step in effective conflict intervention, aiming to align the perceptions of all parties involved. The findings in the study area that include communication, dissemination, and treatment of the psychiatric impact of conflict need to be added to Paul Wehl's land conflict resolution guidelines, which can be applied to developing countries.
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Rofiq, Nur, Husnatul Mahmudah et Rahmawati Rahmawati. « Conflicts in Marriage Legal Arrangements Differences in Religion Between Laws Islam and Human Rights ». Literasi Hukum 7, no 2 (31 octobre 2023) : 95–106. http://dx.doi.org/10.31002/lh.v7i2.8038.
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In Indonesia, interfaith marriages are still a problem. This is because it not only involves legal conflict issues but also issues of interpretation, psychology, culture, economics, human rights and other related topics. This article presents a discussion regarding the clash of Indonesian legal rules by exploring scientific sources from various sources. This article views Indonesian jurisprudence as a single pattern, the purpose of this article is to show the complexity and dynamics of Indonesian legal regulations regarding interfaith marriages through Islamic legal regulations and human rights. This study focuses on the legal arguments put forward, the legal conflict position taken on the issue of interfaith marriage. In communities that adhere to the Islamic religion and traditional-conservative attitudes, there is no room for interpretation regarding the laws governing interfaith marriages. Even for them, there are no national regulations regarding interfaith marriages or no established norms. The practice of interfaith marriages in Indonesia is because marriage is not strictly and definitely regulated. Rejection of interfaith marriages is classified as discriminatory because it violates human rights principles. Law Number 1 of 1974 concerning Marriage, especially Article 2 paragraph (1), refers more to the validity of marriage based on religious and belief law. Article 3 paragraph (3) of the 1945 Constitution and Article 28 of the 1945 Constitution have different standards.
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Ashtiyani, Mehdi Masoudi, Maghsood Ranjbar et Darab Foolady. « A Comparative Study of Hobbes and Nizam Al Mulk Tusi on the Idea of Authoritarian State ». Revista de la Universidad del Zulia 12, no 35 (5 novembre 2021) : 550–71. http://dx.doi.org/10.46925//rdluz.35.32.
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Man is a social being that always needs the contribution and help of other humans for survival. On the other hand, due to the difference of opinions, tastes, interests and objectives, they have conflicts with each other. Then, they assault each other in order to protect their personal interests and sometimes this hostility endangers the existence and health of the person and in some cases the survival of the society. This is why we need some laws to guard the society and ensure the survival of mankind and protect the rights of all individuals. These laws will put an end to the conflicts and differences and this is of course possible within a framework. Accordingly, given the importance and place of the problem of governance and its related issues including the ruler, people and law, as the most important concern of the political thinkers, the current essay seeks to study the political thought of Khajeh Nizam Al Mulk Tusi and Hobbes and the foundations of their poltical ideas and compare the place of the ruler, people and law in the political thought of these philosophers.
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Priambodo, Joko, et Ardhira Iskandar. « Tinjauan Yuridis Sengketa Tanah Akibat Perbuatan Melawan Hukum : Studi Kasus Putusan No.88/Pdt.G/2020/PN.Bks ». El-Mujtama : Jurnal Pengabdian Masyarakat 2, no 2 (15 décembre 2022) : 265–79. http://dx.doi.org/10.47467/elmujtama.v2i2.1315.
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One example of an unlawful act is illegally occupying land and buildings without the owner's permission, which gives rise to disputes. Land conflict (dispute) is an action aimed at obtaining legal protection provided by the court to prevent acts of self-judgment (eigenrichting). The development of land conflicts/disputes, both in quality and quantity, is always increasing, while the main factor in the emergence of land conflicts is the fixed area of land, while the number of people who need land (humans) to meet their needs is always increasing. So, in land disputes, if the parties do not want to resolve the case peacefully, they can resolve it by submitting the case to the District Court. However, in practice, in a case the losing party does not want to accept the court's decision and then files an appeal, cassation and judicial review. In this research, the author uses a normative research method, namely research by analyzing applicable legal norms, both in the form of laws and court decisions. Research data was obtained from library materials and primary legal documentation, namely Law no. 5 of 1960 concerning the Basic Agrarian Law, Government Regulation no. 24 of 1997 concerning Land Registration, secondary and tertiary legal materials. The results of this research show that land disputes in Indonesia are resolved in the usual way through the General Court and State Administrative Court with incomplete and suboptimal results. This is caused by overlapping decisions that have been determined by each judicial body, the difficulty of executing decisions of judicial bodies that have permanent legal force and the lack of clarity regarding which laws and regulations are competent to resolve land cases in Indonesia. There are six roots of land conflict in particular, namely first, the issue of disputes over court decisions. Second, the issue of land rights applications related to forest area claims. Third, the issue of boundary disputes and land registration as well as overlapping certificates on the same land. Fourth, the problem of reclaiming and reoccupying land that has been released by housing developers due to manipulated compensation. Fifth, land issues regarding ulayat or customary land claims. Sixth, problems related to plantation land.
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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 (25 mars 2020) : 177–88. http://dx.doi.org/10.37635/jnalsu.27(1).2020.177-188.
Texte intégralRésumé :
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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Falola, Toyin. « Nigeria in the Global Context of Refugees ». Journal of Asian and African Studies 32, no 1-2 (1997) : 5–21. http://dx.doi.org/10.1163/15685217-90007278.
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The problem of refugees from Nigeria is examined in the context of refugees in Africa as a whole. Already a third of the world's refugees have been created by conflicts or disasters in African countries. This startling condition is becoming worse as Nigeria joins this group because the numbers that can be generated will over shadow what hitherto has been considered to be an enormous refugee problem. The likelihood that refugees will be generated cannot be simply wished away as long as present problems in Nigeria remain unresolved. These problems can be traced to the colonial period and before, and they have been aggravated by natural and unnatural causes since independence. Without dynamic leadership, the refugee crisis is likely to continue, both in Nigeria and in Africa more generally. Only proper management can handle the problems of economic and political development that have produced refugees. Neither military force nor the tightening of immigration laws in the more fortunate countries can stem the flow of refugees unless the internal conditions of Nigeria itself are fully addressed.