The Historical Development of Legal Principles on Conflict of Laws and Proper Principles in the Era of Globalization - The Structural Change in Legal Relations and the Re-establishment of Savigny Theory -

The article analyzes modern views on the concept of principles and principles of organization of the judiciary in Ukraine. It is determined that the judiciary of Ukraine is based on four basic legal principles: separation of powers, rule of law, independence and impartiality of the court (judges). All four of these principles are specified in the principles of the organization of the judiciary and are the basis for building different methods of accountability. It has been shown that legal principles and principles may have different weights in different societies depending on their objective circumstances and people's perceptions of these circumstances, as different societies may give priority to some of these principles and principles at certain periods of their development. The result of this socio-historical development is the presence of a wide range of institutional organizations that are part of the judiciary, but they all base the organization of their activities on certain general legal principles and principles. Analysis of the Constitution of Ukraine and the Law of Ukraine "On the Judiciary and the Status of Judges" revealed that the basics of the organization of the judiciary include the principles of the judiciary and the legal framework for organizing the judiciary (structural elements, powers, tasks, etc.) principles and principles are closely related but not identical. Accordingly, the legal principles and principles of the organization of the judiciary in Ukraine are the normative bases, rules of organization and activity of judicial bodies and institutions implemented by state authorities (legislative, executive and judicial) within their competence. It is concluded, however, that: 1) the judiciary of Ukraine is based on four basic legal principles: separation of powers, rule of law, independence and impartiality of the court (judges). All four of these principles are specified in the principles of the organization of the judiciary and are the basis for building different methods of accountability; 2) legal principles and principles may have different weights in different societies depending on their objective circumstances and people's perception of these circumstances. The point is that different societies may give priority to some of these principles and principles at certain periods of their development. The result of this socio-historical development is the presence of a wide range of institutional organizations that are part of the judiciary, but they all base the organization of their activities on certain general legal principles and principles; 3) the principles of organization of the judiciary in Ukraine are divided into general and special. The general principles of the organization of the judiciary include those relating to the organization of the entire judicial system, and the special ones that relate to individual structural elements of this system (judicial bodies and institutions).

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Trade Finance

10.1093/law/9780198854470.001.0001 ◽

2021 ◽

Keyword(s):

Trade Finance ◽

International Regulation ◽

Conflict Of Laws ◽

Legal Principles ◽

Supply Chain Financing ◽

Legal Structures ◽

Strict Compliance ◽

Impact Of Technology ◽

The Impact

Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative forms of financing. The book covers three key fields of trade finance, starting with the challenges to traditional trade financing by means of documentary credit. These include issues related to contractual enforceability, the use of “soft clauses”, the doctrine of strict compliance, the fraud exception, the role of the correspondent bank, performance bonds, and conflict of laws problems. The second main area covered by the work is the technological issues and opportunities in trade finance, including electronic bills of exchange, blockchain, and electronically transferable records. The final part of the work considers alternative and complementary trade finance mechanisms such as open account trading, supply-chain financing, the bank payment obligation, performance bonds, and countertrade.

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The Doctrines of Public Policy and Competence in Investor–State Arbitration

Arab Law Quarterly ◽

10.1163/15730255-12341266 ◽

2013 ◽

Vol 27 (4) ◽

pp. 297-341

Author(s):

Mary B. Ayad

Keyword(s):

Public Policy ◽

North Africa ◽

Islamic Law ◽

International Investment ◽

Commercial Arbitration ◽

Conflict Of Laws ◽

Legal Principles ◽

Investment Arbitration ◽

Practical Research ◽

Form Part

Abstract International commercial arbitration (ICA) and international investment arbitration (IIA), as they are currently practiced in the Middle East and North Africa (MENA) inter alia, cannot be seen in isolation. Long-standing historical forces have brought about both the development of jurisprudence as well as its current problems. In arbitrations in which one party is a MENA State, from the early oil concessions throughout the present, ICA and IIA law and practise have demonstrated that the central problem therein has to do with a conflict of laws. What is proposed herein is that common legal principles found in civil, common and Islamic law, which form part or all of the legal systems in the MENA, can be distilled to create a new ICA law code for adoption in the MENA; a code which addresses many of the doctrinal issues that arise in ICA and IIA proceedings. To this end, this article presents the results of this highly practical research which represents a synthesis of theory and practise.

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The Diachronic Development of the Korean Existential Verb ISS-

Korean Linguistics ◽

10.1075/kl.14.05mk ◽

2008 ◽

Vol 14 ◽

pp. 91-111

Author(s):

Minju Kim

Keyword(s):

Structural Change ◽

Present Article ◽

Historical Development ◽

Structural Transformations ◽

Stem Form ◽

Current Form ◽

Frequent Form ◽

Corpus Data ◽

Diachronic Development

Abstract. In the 15th C, the Korean existential verb had three allomorphs, is-, isi-, and si-, while Present Day Korean has one form, iss-. Using diachronic corpus data, the present article examines the historical development of the existential verb stem leading to the current form iss-. Reexamination of three previous explanations of the structural transformations of is(i)- demonstrates that, as Huh (1987) suggested, the pattern of structural change was is-/ isi- > is-/ is.si- > is-/ is.s- > iss-. With respect to the insertion of s in isi-, this article shows that the case of the existential verb should be distinguished from cases of regular "double writing (cwungchel phyoki)" based on differences in the directionality and the location of the insertion. Instead, it argues that in the 17th and 18th C., when double writing was commonly practiced, of the two allomorphs is- and isi-, is-had long been the frequent stem form and as such, assimilation of the less frequent form isi- to is-could have motivated the insertion of s into isi-.

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Special Conflict of Laws and Legal Principles on Regulation of Cross-Border Copyright Relations

Lex Russica ◽

10.17803/1729-5920.2018.135.2.129-139 ◽

2018 ◽

Keyword(s):

Conflict Of Laws ◽

Legal Principles ◽

Cross Border

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FORMATION AND DEVELOPMENT IN THE INHERITANCE CONFLICT LAW LEGISLATION

ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS ◽

10.17721/apmv.2016.127.2.123-131 ◽

2016 ◽

Vol 2 (127) ◽

pp. 123-131

Author(s):

T. Khorosha

Keyword(s):

Roman Law ◽

Stages Of Development ◽

Inheritance Law ◽

Conflict Of Laws ◽

Legal Principles ◽

Domestic Legislation ◽

The World ◽

Comprehensive Study ◽

Law Regulation

The paper conducted a comprehensive study of the basic legal principles of conflicts of law regulation of inheritance complicated by a foreign element in the process of its formation and development. The theoretical questions of formation and development of conflict of laws in the field of inheritance are researched. Based on the analysis obtained conclusions about the main stages of development and formation of ancient inheritance law, which went independently from the byzantine, by own way. Analyzed the emergence of inheritance law in other states, which took place depending on whether it was borrowed by a state of an ancient roman law. The necessity of signing agreements on inheritance among all countries of the world, including Ukraine is stressed. The generalized situation of domestic legislation in the field of inheritance complicated by a foreign element.

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Electron Microscopy of Shock Loaded Polycrystalline Beryllium

Proceedings, annual meeting, Electron Microscopy Society of America ◽

10.1017/s0424820100052547 ◽

1974 ◽

Vol 32 ◽

pp. 506-507 ◽

Cited By ~ 1

Author(s):

J. M. Galbraith ◽

L. E. Murr ◽

A. L. Stevens

Keyword(s):

Electron Microscopy ◽

Wave Propagation ◽

Structural Change ◽

Single Crystal ◽

Diffraction Pattern ◽

Shock Loading ◽

Slip Systems ◽

Compression Tests ◽

X Ray Diffraction ◽

X Ray

Uniaxial compression tests and hydrostatic tests at pressures up to 27 kbars have been performed to determine operating slip systems in single crystal and polycrystal1ine beryllium. A recent study has been made of wave propagation in single crystal beryllium by shock loading to selectively activate various slip systems, and this has been followed by a study of wave propagation and spallation in textured, polycrystal1ine beryllium. An alteration in the X-ray diffraction pattern has been noted after shock loading, but this alteration has not yet been correlated with any structural change occurring during shock loading of polycrystal1ine beryllium.This study is being conducted in an effort to characterize the effects of shock loading on textured, polycrystal1ine beryllium. Samples were fabricated from a billet of Kawecki-Berylco hot pressed HP-10 beryllium.

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