Conflict of Laws. Property Rights. Trusts. Law Governing Descent of Cestui's Interest in Proceeds of Sale of Foreign Immovables

1924 ◽  
Vol 37 (4) ◽  
pp. 498
2021 ◽  
pp. 34-45
Author(s):  
Graeme W. Austin

Intellectual property (IP) conflict of laws issues in disputes between private parties arise for a variety of reasons. Most infringe the plaintiff’s intellectual property rights in countries X, Y, and Z. Part of the infringing conduct might have been in one jurisdiction, while the effects are felt elsewhere. Infringing material can be instantly distributed to any country in which there is internet access. Digital networks are also increasing opportunities for international collaboration by parties that are physically located in different places, and supply chains also increasingly straddle national borders, giving rise to disputes about the law governing intellectual property ownership. And internet commerce is increasing the global reach of brands. Research in this area must engage with the problem of providing efficient and just solutions in the context of private litigation that are also aligned with the foundations of the international intellectual property architecture including, in many contexts, the domestic economic and social policies that shape territorially confined IP rights.


2012 ◽  
Vol 26 (2) ◽  
pp. 193-210 ◽  
Author(s):  
Asim Jusic ◽  
Ashraf M. Ismail

Abstract In this article the authors contend that the murabaḥa debt-contract is over-emphasized, inefficient, and of questionable value with regards to creating Shariʿah-compliant alternatives to ribā-based finance. Instead, they argue that mushārakah, or equity-participation, should be the focus of Islamic financial innovation. They propose the creation of a new mushārakah market that would allow investors to bid for participation in investment projects, which would be distinguished from existing equity markets by requiring the direct participation of investors in a project’s management. Second, the authors address the legal and regulatory reforms necessary for mushārakah financing to succeed in the Western Balkans. They recommend the protection of property rights through financial arbitration mechanisms rather than court litigation. Arbitration resolves the conflict of laws inherent to Islamic finance, by providing a means of negotiating disputes between Islamic and secular sources of law. These measures reduce transaction costs associated with equity participation and thereby increase investor confidence.


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