Pub Date : 2021-12-06DOI: 10.21684/2412-2343-2021-8-4-4-30
E. Khorbaladze
The international world order has been changing rapidly since the turn of the twenty-first century. BRICS, as an economic association, that unites five countries, each of which is the leading state in its own region, is faced with a variety of modern-day challenges. The article examines the most important issues for BRICS, as well as the outcomes and potential future directions for deepening cooperation among the BRICS member states and in more extended formats. The main purpose of the article is to identify major trends and factors that influence the formation of the BRICS agenda and the future direction of development. Other important tasks that could be mentioned are determining the reasons for the intensification of political cooperation, obstacles and opportunities for BRICS institutionalization as an international organization and potential expansion. To become a stable international institution, BRICS needs to devise an effective strategy of development that includes key areas such as the economy, investment cooperation, digitalization, security, ecology, and the environment. The creation and strengthening of external relations of BRICS with leading developing countries and international organizations, as well as cooperation on the basis of equality, complementarity, and mutual benefit in the economic, scientific, and technical fields, taking into account the significant resource base of BRICS countries, the largest labor resources, capacious domestic markets, goals of economic modernization and high technologies, as well as food and energy safety will provide BRICS with the opportunity to form an effective development strategy to gain a foothold in the multipolar world order.
{"title":"BRICS Development Strategy – Priority Areas of Cooperation for Gaining a Foothold in a Multipolar World Order","authors":"E. Khorbaladze","doi":"10.21684/2412-2343-2021-8-4-4-30","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-4-4-30","url":null,"abstract":"The international world order has been changing rapidly since the turn of the twenty-first century. BRICS, as an economic association, that unites five countries, each of which is the leading state in its own region, is faced with a variety of modern-day challenges. The article examines the most important issues for BRICS, as well as the outcomes and potential future directions for deepening cooperation among the BRICS member states and in more extended formats. The main purpose of the article is to identify major trends and factors that influence the formation of the BRICS agenda and the future direction of development. Other important tasks that could be mentioned are determining the reasons for the intensification of political cooperation, obstacles and opportunities for BRICS institutionalization as an international organization and potential expansion. To become a stable international institution, BRICS needs to devise an effective strategy of development that includes key areas such as the economy, investment cooperation, digitalization, security, ecology, and the environment. The creation and strengthening of external relations of BRICS with leading developing countries and international organizations, as well as cooperation on the basis of equality, complementarity, and mutual benefit in the economic, scientific, and technical fields, taking into account the significant resource base of BRICS countries, the largest labor resources, capacious domestic markets, goals of economic modernization and high technologies, as well as food and energy safety will provide BRICS with the opportunity to form an effective development strategy to gain a foothold in the multipolar world order.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45373021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-06DOI: 10.21684/2412-2343-2021-8-4-76-102
G. Nelaeva
The problem of domestic violence and violence against women, despite being an age-old phenomenon, came to the fore of public debate relatively late. It entered the agenda of intergovernmental organizations in the 1990s, but became the subject of international litigation only in the 2000s and 2010s. While this belated response of the international community can be associated with the inadequate conceptualization of the problem and insufficient data, it also has to do with the ongoing public/private dichotomy that became especially pronounced in the recent years when various conservative groups increasingly question the necessity of specific laws and policies aimed at eliminating this kind of crime. In this article, I briefly trace the developments concerning women’s rights, and, particularly, domestic violence and violence against women in international law. Then, based on the analysis of international and regional court decisions, I try to see how and whether these decisions contributed to the domestic developments in the field of combatting this phenomenon in Russia and Brazil. It is also important to examine how COVID-19 pandemic impacted the narratives of violence and how the international community should respond to the challenge of protecting the most vulnerable members of the society in the conditions of health emergency.
{"title":"Violence Against Women in Russia and Brazil: International and Domestic Responses","authors":"G. Nelaeva","doi":"10.21684/2412-2343-2021-8-4-76-102","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-4-76-102","url":null,"abstract":"The problem of domestic violence and violence against women, despite being an age-old phenomenon, came to the fore of public debate relatively late. It entered the agenda of intergovernmental organizations in the 1990s, but became the subject of international litigation only in the 2000s and 2010s. While this belated response of the international community can be associated with the inadequate conceptualization of the problem and insufficient data, it also has to do with the ongoing public/private dichotomy that became especially pronounced in the recent years when various conservative groups increasingly question the necessity of specific laws and policies aimed at eliminating this kind of crime. In this article, I briefly trace the developments concerning women’s rights, and, particularly, domestic violence and violence against women in international law. Then, based on the analysis of international and regional court decisions, I try to see how and whether these decisions contributed to the domestic developments in the field of combatting this phenomenon in Russia and Brazil. It is also important to examine how COVID-19 pandemic impacted the narratives of violence and how the international community should respond to the challenge of protecting the most vulnerable members of the society in the conditions of health emergency.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45203365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-06DOI: 10.21684/2412-2343-2021-8-4-103-135
A. Deb
In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of offenders committing violent crimes such as homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts in other jurisdictions. While in other countries, Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, Indian Courts have resorted to it only to explain the effects of a battering relationship. The fact that Battered Woman Syndrome has only been recognised in such a small number of cases and the lack of scholarship in this particular area clearly resonates the resistance of the Indian criminal law towards women’s accounts of their experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a “kill or be killed” situation. Since Battered Woman Syndrome as a subject has been extensively researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 in accommodating the cases of battered women, and highlights the need for the introduction of a new justificatory defence as a plausible solution.
{"title":"Battered Woman Syndrome: Prospect of Situating It Within Criminal Law in India","authors":"A. Deb","doi":"10.21684/2412-2343-2021-8-4-103-135","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-4-103-135","url":null,"abstract":"In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of offenders committing violent crimes such as homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts in other jurisdictions. While in other countries, Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, Indian Courts have resorted to it only to explain the effects of a battering relationship. The fact that Battered Woman Syndrome has only been recognised in such a small number of cases and the lack of scholarship in this particular area clearly resonates the resistance of the Indian criminal law towards women’s accounts of their experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a “kill or be killed” situation. Since Battered Woman Syndrome as a subject has been extensively researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 in accommodating the cases of battered women, and highlights the need for the introduction of a new justificatory defence as a plausible solution.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42760175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.21684/2412-2343-2021-8-3-172-223
V. Kumar, K. Raju, S. Subramanian
Commercial Human Spaceflight – a new addition to the commercial activities in outer space – is attracting the ultra-rich section of the society. It has enormous potential to accelerate the economic aspect of commercial spaceflight since with the development of reusable technologies it is expected to become cheaper. At the same time, it poses a severe threat in various ways to the status quo of the existing regime of space regulation. Taking humans to outer space as a passenger affects the current social, psychological, political, and legal setup. The paper highlights the legal issues that are arising from commercial human spaceflights. Therefore, in section one, the article discusses applicable international law to this emerging activities. Part two details specifically on the international space law that is relevant to regulate these activities. After analyzing the existing international law on space activities in sections one and two, which are essential for the commercial human spaceflights, part three identifies several legal challenges that are not sufficiently addressed by the existing laws. Section four examines the role played by the regulatory organization to develop the space law, and the role of the International Civil Aviation Organisation (ICAO) has been discussed in detail. As the ICAO holds good experience in handling air transportation, many believe that the ICAO is naturally well placed to regulate commercial space transportation. This aspect has been elaborated in detail in this part. In the fifth, i.e. the last section, the authors conclude by arguing to develop a new international convention to regulate it.
{"title":"Commercial Human Spaceflights: Legal Challenges for International Regulation","authors":"V. Kumar, K. Raju, S. Subramanian","doi":"10.21684/2412-2343-2021-8-3-172-223","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-172-223","url":null,"abstract":"Commercial Human Spaceflight – a new addition to the commercial activities in outer space – is attracting the ultra-rich section of the society. It has enormous potential to accelerate the economic aspect of commercial spaceflight since with the development of reusable technologies it is expected to become cheaper. At the same time, it poses a severe threat in various ways to the status quo of the existing regime of space regulation. Taking humans to outer space as a passenger affects the current social, psychological, political, and legal setup. The paper highlights the legal issues that are arising from commercial human spaceflights. Therefore, in section one, the article discusses applicable international law to this emerging activities. Part two details specifically on the international space law that is relevant to regulate these activities. After analyzing the existing international law on space activities in sections one and two, which are essential for the commercial human spaceflights, part three identifies several legal challenges that are not sufficiently addressed by the existing laws. Section four examines the role played by the regulatory organization to develop the space law, and the role of the International Civil Aviation Organisation (ICAO) has been discussed in detail. As the ICAO holds good experience in handling air transportation, many believe that the ICAO is naturally well placed to regulate commercial space transportation. This aspect has been elaborated in detail in this part. In the fifth, i.e. the last section, the authors conclude by arguing to develop a new international convention to regulate it.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45153177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.21684/2412-2343-2021-8-3-148-171
Dmitry G. Bachurin, Dmitry G. Bachurin
Value-added taxation is a multidimensional theoretical, fiscal and legal structure. It also serves as a tool for the practical transformation of political, legal and socio-economic relations. The objective of the research is to study new concepts of value-added taxation formed in the two largest BRICS economies (the People’s Republic of China and the Republic of India). The assumption is that not only “European” model of the legal regulation of VAT can be successful, but alternatively “Chinese” and “Indian models.” The author examines and evaluates changes in the legal structure of value added tax in general, and its elements focusing on the current stage of legal regulation of national systems of VAT (GST) in China and India. In addition, the political, legal, social and economic effects of the legal mechanism of VAT (GST) in China and India from 2017 to 2020 are demonstrated.
{"title":"Legal and Regulatory Reform of Value-Added Taxation in the People’s Republic of China and the Republic of India: Trends and Characteristics","authors":"Dmitry G. Bachurin, Dmitry G. Bachurin","doi":"10.21684/2412-2343-2021-8-3-148-171","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-148-171","url":null,"abstract":"Value-added taxation is a multidimensional theoretical, fiscal and legal structure. It also serves as a tool for the practical transformation of political, legal and socio-economic relations. The objective of the research is to study new concepts of value-added taxation formed in the two largest BRICS economies (the People’s Republic of China and the Republic of India). The assumption is that not only “European” model of the legal regulation of VAT can be successful, but alternatively “Chinese” and “Indian models.” The author examines and evaluates changes in the legal structure of value added tax in general, and its elements focusing on the current stage of legal regulation of national systems of VAT (GST) in China and India. In addition, the political, legal, social and economic effects of the legal mechanism of VAT (GST) in China and India from 2017 to 2020 are demonstrated.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42454984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.21684/2412-2343-2021-8-3-67-92
N. K. Upadhyay
Bride Trafficking is a long-standing evil in society that can be classified as a crime against humanity because it violates the rights, dignity and the liberty of the victims involved. Bride Trafficking is so deep rooted in society that providing accurate figures is extremely difficult since it is often impossible to track down and trace individual incidents of Bride Trafficking. According to the author, who has conducted a case study with fifty women from the State of Haryana, inter-country trafficking for the purpose of marriage is widespread in India. Trafficked women are subjected to a slew of atrocities, including being raped in transit and then raped by their husbands and other male family members. Apart from that, they face domestic violence, are treated worse than slaves and are frequently trafficked multiple times. Poverty, female foeticide, female infanticide, illiteracy, dowry and other factors can all contribute to trafficking. In this paper, the author will discuss Bride Trafficking in general, the reasons for it, the human rights violations that these trafficked brides face and the potential solutions to this illicit trade.
{"title":"Bride Trafficking in India: Aspects, Causes and Potential Solutions","authors":"N. K. Upadhyay","doi":"10.21684/2412-2343-2021-8-3-67-92","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-67-92","url":null,"abstract":"Bride Trafficking is a long-standing evil in society that can be classified as a crime against humanity because it violates the rights, dignity and the liberty of the victims involved. Bride Trafficking is so deep rooted in society that providing accurate figures is extremely difficult since it is often impossible to track down and trace individual incidents of Bride Trafficking. According to the author, who has conducted a case study with fifty women from the State of Haryana, inter-country trafficking for the purpose of marriage is widespread in India. Trafficked women are subjected to a slew of atrocities, including being raped in transit and then raped by their husbands and other male family members. Apart from that, they face domestic violence, are treated worse than slaves and are frequently trafficked multiple times. Poverty, female foeticide, female infanticide, illiteracy, dowry and other factors can all contribute to trafficking. In this paper, the author will discuss Bride Trafficking in general, the reasons for it, the human rights violations that these trafficked brides face and the potential solutions to this illicit trade.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45744410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.21684/2412-2343-2021-8-3-224-237
S. Racheva
.
{"title":"IV Siberian Legal Forum: State and Law in the Context of Global Constraints","authors":"S. Racheva","doi":"10.21684/2412-2343-2021-8-3-224-237","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-224-237","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49536250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.21684/2412-2343-2021-8-3-121-147
Y. Kharitonova, L. Sannikova
The paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the authors, the concentration of market power in digital platforms threatens a competitive environment in digital markets. In this regard, the demand for antitrust regulation of their activities is justified. Another legal challenge arises concerning the trend of creating public services on the digital platforms of large technology companies. The paper analyzes China’s experience in the platformatization of legal proceedings, where the process of establishing online courts is conducted in close cooperation with the leading digital platforms of the PRC. In contrast to China, in Russia, the main focus is on combining public services, and information systems of various departments within a single platform to provide public services, with large technology companies acting as operators. Therefore, the authors conclude that it is necessary to strengthen legal mechanisms to protect citizens’ rights and interests during the digitization of public services – primarily citizens’ rights to data protection. The problems revealed demonstrate the necessity of a balanced approach to the legal regulation of digital platforms. While it is important to stimulate their development, it is necessary to limit the opportunities for violating the rights and interests of other participants in the digital environment.
{"title":"Digital Platforms in China and Europe: Legal Challenges","authors":"Y. Kharitonova, L. Sannikova","doi":"10.21684/2412-2343-2021-8-3-121-147","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-121-147","url":null,"abstract":"The paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the authors, the concentration of market power in digital platforms threatens a competitive environment in digital markets. In this regard, the demand for antitrust regulation of their activities is justified. Another legal challenge arises concerning the trend of creating public services on the digital platforms of large technology companies. The paper analyzes China’s experience in the platformatization of legal proceedings, where the process of establishing online courts is conducted in close cooperation with the leading digital platforms of the PRC. In contrast to China, in Russia, the main focus is on combining public services, and information systems of various departments within a single platform to provide public services, with large technology companies acting as operators. Therefore, the authors conclude that it is necessary to strengthen legal mechanisms to protect citizens’ rights and interests during the digitization of public services – primarily citizens’ rights to data protection. The problems revealed demonstrate the necessity of a balanced approach to the legal regulation of digital platforms. While it is important to stimulate their development, it is necessary to limit the opportunities for violating the rights and interests of other participants in the digital environment.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45864104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.21684/2412-2343-2021-8-3-93-120
S. Zimneva, T. Popova, H. Siao
The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.
{"title":"Legal Definition of Irresistible Force in the Civil Law of Russia and China","authors":"S. Zimneva, T. Popova, H. Siao","doi":"10.21684/2412-2343-2021-8-3-93-120","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-93-120","url":null,"abstract":"The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47210699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-26DOI: 10.21684/2412-2343-2021-8-3-5-29
D. B. Ferreira, L. Severo
Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.
{"title":"Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil","authors":"D. B. Ferreira, L. Severo","doi":"10.21684/2412-2343-2021-8-3-5-29","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-5-29","url":null,"abstract":"Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44757578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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