scholarly journals PRIVATE INTERNATIONAL LAW IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES

2019 ◽  
pp. 169-182
Author(s):  
M. V. MAZHORINA ◽  
L. V. TERENTYEVA ◽  
B. A. SHAKHNAZAROV
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
General Principle ◽  
Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Cross Border ◽  
Sovereign Equality ◽  
International Private Law ◽  
Information And Communication

The process of globalization, the development of information and communication technologies, networking are changing society dramatically and, as a result, its superstructure — law. International private law, by virtue of its own subject matter and special methodology, is at the forefront of the corresponding changes. The paper examines the problems of defining the concept of territorial sovereignty in the non-territorial information space that are of serious importance in relation to private international law. Its principles are the general principle of the sovereign equality of states, acting as a general principle for private international law, and a special principle of the sovereign equality of national law of states. The problem of the realization of the territorial nature of the conflict of attachment formulas and the grounds of international jurisdiction in relation to a certain segment of the extra-territorial information space is posed. The issue of conditionality of the adaptation of the principles and methodology of legal regulation of public relations in the conditions of digital technologies by the need to understand the conditions and boundaries of the implementation of sovereignty, the jurisdiction of the state in the information and communication space is investigated. The processes comprehended within the framework of the science of international private law are to some extent relevant for other branches of law. This paper analyzes such indicators of current changes in the legal paradigm as the impact of information and telecommunication technologies on the development of private international law, the place and increasing importance of non-state regulation in the process of streamlining cross-border private law relations, and the development of non-state systems for resolving cross-border disputes. The authors touch upon the problems of the use of blockchain technologies and the protection of intellectual property in cross-border private law relations; private adhocracy rulemaking, the formation of various social phenomena in the key lex mercatoria, the influence of international commercial arbitration, online platforms on the formation of current trends in the field of resolution of crossborder disputes, etc.

scholarly journals Digital Platforms and International Private Law, or Is There a Future for Cyber Law?

Lex Russica ◽  
2019 ◽  
pp. 107-120 ◽  
Author(s):  
M. V. Mazhorina
Keyword(s):  
Information And Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Paradigm Shifts ◽  
Digital Platforms ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
International Private Law ◽  
Cyber Law ◽  
Internet Law

Modern economy and society are reconfigured in connection with the emergence and development of digital platforms, which is figuratively referred to as “uberization of everything”. This became possible with the development of information and communication technologies and the formation of cyberspace. The key problem for lawyers is the construction of the legal superstructure of cyberspace, which leads to the emergence of a number of concepts: cyberlaw, “platform law”, internet law etc. However, while science is trying to comprehend the relevant paradigm shifts, a huge array of cross-border transactions are made by consumers with platformtype companies; cross-border disputes are resolved through online dispute resolution (ODR) procedures in international commercial arbitration or courts; law enforcement practice is being formed, which responds to the challenges of the cyber environment. It is the tools of private international law that are most in demand in regulating the relevant relations. What would be more viable in modern conditions: international private law or cyber law?

An Empirical Investigation of Internet Users' Perceptions towards National and International e-Shops

2015 ◽  
Vol 7 (2) ◽  
pp. 45-59 ◽  
Author(s):  
Vaggelis Saprikis
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Shopping Behavior ◽  
Goods And Services ◽  
Cross Border ◽  
Internet Users ◽  
Information And Communication ◽  
Costly Communication ◽  
Online Stores ◽  
Shed Light

Nowadays, the broad Internet utilization and the advancement of Information and Communication Technologies (ICT) have greatly changed the way goods and services are bought and sold. As a consequence, even more online users prefer not only to shop online, but also purchase abroad taking advantage of Internet's limitless feature. Thus, technology's success has stimulated the process of cross-border e-shopping, allowing fast, less costly communication, as well as access to a wider variety of goods and services. The purpose of this consumer-oriented approach paper is to examine the perceptions of Greek Internet users concerning e-shops. In specific, it aims to reveal if there are differences on users' perceptions regarding Greek versus international e-shops, as even more individuals visit non-domestic online stores for their e-purchases. Hence, it provides tangible results to an under-explored area of online shopping and shed light on the difficulty of understanding important aspects of e-shopping behavior; presenting vital implications to both academia and practitioners.

scholarly journals Mujer, matrimonio y maternidad: cuestiones de Derecho internacional privado desde una perspectiva de género = Woman, marriage and motherhood: issues of Private International Law from a gender perspective

2018 ◽  
Vol 10 (1) ◽  
pp. 439
Author(s):  
Carmen Vaquero López
Keyword(s):  
International Law ◽  
Gender Equality ◽  
Public Order ◽  
Private Law ◽  
Private International Law ◽  
Gender Perspective ◽  
Men And Women ◽  
International Private Law

Resumen: En los últimos tiempos la lucha por alcanzar la igualdad de género y acabar con las injusticias que separan a hombres y mujeres se ha convertido en una auténtica “revolución” que ha invadido prácticamente todos los ámbitos sociales. Este movimiento debe también remover los principios que informan las soluciones de Derecho internacional privado en nuestro país. En el presente trabajo se analizan desde una perspectiva de género dos instituciones que tradicionalmente han sido bastión del patriarcado y cuya regulación se ha venido llevando a cabo desde consideraciones principalmente androcéntricas: el matrimonio y la maternidad.Palabras clave: estereotipo, principio de igualdad, dignidad, orden público, interés de la mujer.Abstract: In the latest times, the fight for achieving the gender equality and for putting an end to the injustices that separates men and women has become a true “revolution” that has invaded practically all social areas. This movement should also remove the principles that inform the solutions of International Private Law. In this paper we analyze from a perspective of gender two institutions that have traditionally been a bastion of patriarchy and whose regulation has been carried out from mainly androcentric considerations: the marriage and the motherhood.Keywords: stereotype, principle of equality, dignity, public order, interest of the woman.

scholarly journals Cuestiones vinculadas a la constitución de la adopción de mayores de edad: análisis desde el Derecho internacional privado español = Issues connected with the constitution of the adoption of adults: analysis from Spanish Private International Law

2019 ◽  
Vol 11 (1) ◽  
pp. 904
Author(s):  
María Jesús Sánchez Cano
Keyword(s):  
International Law ◽  
International Adoption ◽  
Controversial Issues ◽  
Private Law ◽  
Private International Law ◽  
Applicable Law ◽  
International Private Law

Resumen: Partiendo del estudio de la Ley 54/2007, de adopción internacional y después de examinar la normativa sustantiva sobre la adopción en España, el presente trabajo aborda el análisis de algunas de las cuestiones controvertidas que se suscitan respecto de las adopciones de personas mayores de edad y menores emancipados, desde la perspectiva del Derecho Internacional Privado y específicamente, en lo referente a la constitución de la adopción por las autoridades españolas.Palabras clave: Ley de adopción internacional, adopción internacional de personas mayores de edad, Derecho Internacional Privado, ley aplicable, validez de adopciones constituidas por autoridades extranjeras.Abstract: Based on the study of Law 54/2007, on international adoption and after having examined the substantive legislation on adoption in Spain, this paper deals with the analysis of some of the controversial issues that arise regarding adoptions of adults and emancipated minors, from the Private International Law perspective and specifically with regard to the constitution of adoption by the Spanish authorities.Keywords: International adoption law, international adoption of adults, International Private Law, applicable law, constitution of adoption by Spanish authorities.

Cybersecurity and modern forms of interstate confrontation

2021 ◽  
Author(s):  
I.V. Surma
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Current Problem ◽  
Communication Technologies ◽  
Modern World ◽  
Political Situation ◽  
Political Landscape ◽  
The World ◽  
Information And Communication ◽  
Hybrid Forms

In recent years, the sphere of confrontation has signifi cantly expanded due to the increasing share of political and diplomatic, economic, information, cybernetic, psychological means and methods of implementing political goals in international confrontation. The author declares that today information and communication technologies are often used to interfere in the internal aff airs of sovereign states, and the goal of destabilizing the socio-political situation in the state is to generate protest potential in society and create a political singularity, which leads to the infl ation of power in this country and its discredit. The article deals with modern forms of interstate confrontation with the use of violent changes in the global political landscape using the capabilities of modern information and communication technologies. It is emphasized that the global confrontation has acquired a permanent character and periodically escalates to extremely dangerous levels when using hybrid forms of confrontation between states and their coalitions. The author notes that in the modern world, the use of innovative, and fi rst of all, information and communication technologies, for violent infl uence on the opposing side, has accelerated unprecedented. It is shown that in recent years, the world economy has been constantly tested by sanctions wars, and the sanctions war is mostly understood as the introduction of a regime of economic sanctions against a state in circumvention of international law, that is, outside the procedure provided for and defi ned by the UN, and the postulate of forcibly reshaping the world political landscape with a noble goal leads only to increased confrontation and confrontation. The article identifi es the current problem areas and threats that are already being implemented today and those that are possible in the future with the development of information and communication technologies.

scholarly journals Peculiarities of inheritance of deceased's property in international private law

2021 ◽  
pp. 39-42
Author(s):  
Halyna ANIKINA
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
Private Law ◽  
Time Of Death ◽  
Private International Law ◽  
International Treaties ◽  
The Third ◽  
International Private Law ◽  
The Relationship

Introduction. The paper is devoted to the study of the peculiarities of the inheritance of deceased property in private international law. The concept of “foreclosed property” is defined. The relationship between the terms “foreclosed property” and “dead heritage” has been clarified. Purpose. In private international law there are two theories (principles) of acquisition of ownership of foreclosed property: the theory of occupation and the theory of inheritance. The essence of each of the approaches to the inheritance of property by the state in private international law is clarified. The list of countries where the “principle of occupation of foreclosed property” is enshrined in law and the countries that apply the theory of inheritance on the principle of the closest connection. Results. The opinions of scientists on the expediency of applying each of the principles have been studied. It has been found that the most effective way to overcome conflicts over the inheritance of foreclosed property between states is through international agreements. In all international treaties governing the relations of inheritance with a foreign element in which Ukraine participates, the same solution to the issue of inheritance of foreclosed property by the state is enshrined. Movable property shall become the property of the Contracting Party of which the testator was a national at the time of death, and immovable property shall become the property of the Contracting Party in whose territory it is located. Conclusion. It is concluded that the application of the third principle of inheritance of foreclosed property in private international law – the “principle of splitting the hereditary statute”.

International legal framework for combating cybercrime

2021 ◽  
Vol 65 (04) ◽  
pp. 223-227
Author(s):  
Ильгар Имдат оглу Гасанов ◽  
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Criminal Policy ◽  
Communication Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Basis ◽  
Information And Communication ◽  
The Republic ◽  
Effective Models

The article examines the relevance of cybercrime, their types and possible ways of their fulfillment, the peculiarities of cybercrime, as well as the international legal basis for the fight against this evil. Cyberspace crime is one of the most difficult problems that the international community has faced in recent years with the development of information and communication technologies. International coorperation in the fight against cybercrime is carried out in several directions and involves, first of all, the creation of regulations and the development of general recommendations, as well as the implementation of effective models of organizational interaction between states. Key words: cyberspace, cybercrime, international law, transnational crimes, Coucil of Europe, UN, Criminal Code of the Republic of Azerbaijan, criminal policy

scholarly journals Extraterritoriality in Private International Law

2021 ◽  
Vol 16 (5) ◽  
pp. 183-194
Author(s):  
L. V. Terenteva
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Cross Border ◽  
Foreign State ◽  
Extraterritorial Jurisdiction ◽  
Definition Of

The paper questions the extraterritorial nature of foreign private law applied by the national law enforcement body in the regulation of cross-border private law relations. In view of the use of common terms “exterritorial” and “extraterritorial” in the framework of international public and private law regulation, it seems necessary to study the extraterritorial effect of foreign private law provisions through the prism of the substantive characteristics of extraterritoriality, formulated in the context of public international law. To this end, the author refers to the definition of extraterritorial jurisdiction as an international legal category and raises the question of how appropriate it is to admit, within the framework of a single definition, “extraterritorial” both the presence and absence of the manifestation of the sovereign will of the state on the territory of which any of the types of jurisdiction of a foreign state is exercised. Taking into account that the manifestation of the extraterritorial jurisdiction of one state in relation to another is realized in the absence of the latter’s sanction for its implementation, the author debates the admissibility of designation as extraterritorial foreign private law, the admissibility and limits of application of which are sanctioned by the national state.

scholarly journals Approaches to Assessing the Level of Digitalization and Global E-commerce Policy Choices

2020 ◽  
Vol 16 (4) ◽  
pp. 136-164
Author(s):  
Timur Aliev ◽  
◽  
Olga Ismagilova ◽  
Veronika Popova ◽  
◽  
...  
Keyword(s):  
International Trade ◽  
Information And Communication Technologies ◽  
Business Processes ◽  
Communication Technologies ◽  
Human Society ◽  
Economic Sectors ◽  
Goods And Services ◽  
Cross Border ◽  
Information And Communication ◽  
Reducing Costs

Digital technologies and their role in global economic development have been increasing the past two decades. Digitalization has changed many aspects of human society. It had a significant impact on business processes in international trade, reducing costs, increasing the value and speed of cross-border transactions. E-commerce is becoming the most important engine for economic growth. The article examines new digitalization trends in the context of the international trade development. Among the key trends caused by digitalization and affecting international trade, it highlights the following: 1) expanding of globally e-commerce sales and the world marketplaces turnover; 2) increasing the value of international trade in ICT goods and services, and digitally-deliverable services; 3) growth of world exports in services by mode 1 of supply, i.e. cross border supply. The problem of assessing the level of digitalization of the economy and its impact on trade is becoming more and more urgent. Many leading international organizations including OECD, WTO, IMF, UNCTAD are working on developing universal approaches to the formation of terminology in the field of digitalization of trade, measuring digital trade and classifying economic sectors depending on the level of digitalization. The study draws particular attention to these issues. The authors have systematized an extensive list of international indices. The first cluster includes indices characterizing the level of e-commerce markets development. The second cluster contains indices that assess the development of information and communication technologies. Finally, the third cluster of indices assesses penetration of digital technology into economy and life. Indices that assess digital trade policy measures were also examined

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