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The Concept of “Comity” in Ulrich Huber’s Conflict Doctrine

Getman-Pavlova, Irina - 2013

reflected the doctrine of comity, which is the basis of the Dutch school statutes. This article concludes that all Huber …'s axioms have entered modern doctrine and court practice (especially in common law countries). Huber is the founder of the …

Persistent link: https://www.econbiz.de/10013084357

The Islamic Concept of Caliphate : Basic Principles and a Contemporary Interpretation

Sykiainen, Leonid - 2017

This article studies the approach of Islamic legal thought to the idea of Caliphate. The author explains the fundamental principles of the Islamic concept of the state as an instrument for defending and maintaining religion and dealing with worldly affairs. Modern Islamic thought, taking into...

Persistent link: https://www.econbiz.de/10012962931

Religion, Sexual Minorities and the Rule of Law in Russia : Mutual Challenges

Antonov, Mikhail - 2017

This paper analyses the cultural constraints that are factually imposed on the actors of the Russian legal system by the prevailing social philosophy which is characterized by a significant degree of religious conservatism. This conservatism is predictably opposed to sexual minorities and to...

Persistent link: https://www.econbiz.de/10012961425

Sharia Courts : Modern Practice and Prospectives in Russia

Sykiainen, Leonid - 2015

This article touches on the fundamental principles of Sharia judiciary, the modern practice of Sharia court activity in Muslim and Western countries and their establishment and functioning in Russia. The place which Sharia courts occupied in the judicial system of the Muslim state during middle...

Persistent link: https://www.econbiz.de/10013009401

Role of the European Court of Justice in the Third Pillar : Does Not it Grow Too Fast?

Grigoriev, Ivan - 2014

The article discusses the role of the European court of justice in the so called third pillar of the European Union. This role, from virtually non-existent in the early 1990s when the third pillar was introduced into the institutional structure of the European Union, grew extensively throughout...

Persistent link: https://www.econbiz.de/10013039654

The Soundness of Judicial Argumentation

Chuvilin, Alexander - 2013

One of the main aims for the argumentation theorists around the world is to define standards for the soundness of argumentation. Many authors, such as Chaim Perelman or Steven Toulmin, have emphasized the role that the field of argumentation plays in defining such standards. Judicial...

Persistent link: https://www.econbiz.de/10014150455

The Founders of 16th Century Belgian Realism in Private International Law Doctrine

Getman-Pavlova, Irina - 2016

Realism, who have been unjustly forgotten in modern Private International Law [PIL] doctrine — Nicolas Everhard, Pieter Peck … the classic Dutch “comity” doctrine and provided the framework for the Anglo-American doctrine of the regulation of … theory of statutes — the sole doctrine of PIL for 500 years. Belgian Realism is a separate direction in the theory of …

Persistent link: https://www.econbiz.de/10012997849

The Evolution of Conflict Regulation in Private International Law of Russia and Poland

Erpyleva, Natalia - 2015

The present article examines the evolution of conflict regulation in the private international law of Russia and Poland. The author identifies the concept, structure and types of conflict rules, stressing that the conflict of laws is the most important category of private international law. A...

Persistent link: https://www.econbiz.de/10014137296