This study focuses on the position of civil law research in the Web of Science (WoS) and Scopus scientific databases. Two of the most reputable university rankings, the Shanghai Ranking of World Universities (Shanghai University Rankings) and the Times Higher Education rankings, evaluate the quality of research on the law subject matter directly based on its position in the WoS and Scopus, respectively. This study shows that there are only 13 civil law journals in WoS, while the situation is only slightly better in Scopus. That is why the civil law colleges are ranked much lower in the Shanghai rankings and still very low in the Times Higher Education rankings. This study, in particular, indicates that there are a low number of civil law journals published in languages other than English. Thereby, the most important civil law journals are excluded from the evaluation, and the rankings of civil law colleges are not accurate. The study further focuses on the number of journals included in the WoS and Scopus in a specific area of civil and commercial law. It shows that several core legal areas of civil and commercial law either are not covered at all in WoS and Scopus or are available in very few journals that publish legal research only in the English language. It further reveals that very few languages other than English are represented in WoS and Scopus in the civil law area, and some important civil law nations are not represented by a single law journal publishing in their official languages. This research aims to provide suggestions for university rankings and academic databases on how to evaluate civil law research more appropriately.

This paper examines the implications of Saudi Arabia’s accession to the UN Convention on Contracts for the International Sale of Goods (CISG) in August 2023. Saudi Arabia joined only Parts I and II, postponing a decision on Part III pending further analysis of its compatibility with Sharia law. Two months earlier, Saudi Arabia enacted the Civil Transactions Act (CTA), its first civil law codification, largely replacing Sharia in contractual and non-contractual obligations. However, the CTA lacks conflict rules, leaving Saudi Arabia without legislation on conflict-of-law rules for sale contracts. This paper explores Saudi Arabia’s options for joining Part III of the CISG, the possibility of choosing foreign law or the entire CISG before Saudi courts or in arbitration, and compares the CISG with the CTA. It assesses the legal and practical challenges of harmonizing Saudi Arabia’s new legal framework with international sales law.

Background: Legal certainty is a guiding principle in all European countries. One of the main tools for achieving legal certainty in Europe is the codification of law. In 2023, Saudi Arabia adopted its first codification of contractual and non-contractual obligations through the Civil Transactions Law (CTL), aiming to achieve greater legal certainty. This shift represents a major shift from a predominantly Shariah-based jurisdiction towards civil law. This research examines whether the enactment of the CTL has influenced the Saudi Commercial Court's interpretation of compensation claims. Methods: A mixed-methods approach was adopted to track citation trends over time and to examine case law documents to confirm the quantitative results. Qualitative empirical analysis, specifically document analysis, was utilised to identify and extract Shariah jurists’ opinions, providing depth to the statistical results. Quantitative empirical methods, including interrupted time series (ITS), were applied to assess whether the compensation provisions in the CTL led to significant shifts in compensation claims decisions. Overall, 2,913 cases decided before the enactment of the CTL and 61 decided under the CTL were analysed in this study. Results and conclusions: The pre-law analysis indicates that courts cited Shariah jurists or general legal principles to establish the liability for compensation. In contrast, post-law analysis suggests a discernible shift, with courts increasingly citing civil law provisions directly, notably Articles 120 and 720 of the CTL. This shift is supported by an increase in overall article citations within compensation judgments, rising from 36% to 62%, supported by the examination of cases decided based on these articles. These findings indicate that the enactment of the Civil Transactions Law has contributed to enhancing the legal certainty in Saudi commercial courts.

This qualitative study explores the evolution and implications of limiting contractual liability in Saudi Arabia, focusing on the interplay between Sharia principles, international conventions, and domestic legal reforms. Through a comprehensive analysis of primary and secondary sources, including the new Civil Transactions Law 2023 and relevant legal documents, the research aims to thoroughly understand the historical roots and contemporary dynamics shaping contractual practices in Saudi Arabia. The study uncovers the challenges and opportunities inherent in harmonizing Sharia principles with global legal norms within the Saudi legal framework. Examining the new legislation reveals notable changes in the treatment of liability in commercial contracts, signaling a shift towards modernization and alignment with international standards. Its findings highlight the complexities of balancing contractual autonomy with legal constraints in the Saudi context, emphasizing the need for ongoing dialogue and research to address emerging issues and enhance the clarity and enforceability of contractual agreements. The study underscores the importance of a collaborative approach that integrates legal, cultural, and international perspectives to strengthen the legal framework and foster a conducive environment for commercial transactions in Saudi Arabia. In doing so, it offers a nuanced analysis of the legal landscape, shedding light on stakeholders' challenges and opportunities in navigating contractual practices within the Kingdom of Saudi Arabia.

The paper aims to answer the question if and under which conditions a talaq performed in an Islamic state may be recognised in European states. The authors provide an analysis of various forms of talaq performed in different Islamic states and reach conclusions on the effects that may be recognised in Europe, with an outlook towards a possible uniform approach. The recognition of talaqs in England and Wales, Germany and Bosnia and Herzegovina are used as examples for different solutions to similar problems before European courts. The EU legislator has not adopted a uniform approach to the application and recognition of talaqs in the EU. The CJEU got it wrong in Sahyouni II and missed the opportunity to contribute to a uniform EU policy but its subsequent decision in TB opens the door for the CJEU to overturn Sahyouni II if another case concerning a non-EU talaq divorce comes before them. The Hague Divorce Convention of 1970 is an international instrument that provides for appropriate solutions. Ratification by more states in which a talaq is a legally effective form of divorce and by more European states would provide the much-needed security for families moving from Islamic states to Europe.

Background. The arbitrability of administrative contracts contributes to sustainable dispute resolution within the United Nations’ Sustainable Development Goals 16 (SDG 16). However, different regulation of administrative contracts in comparative law affects the arbitrability of the disputes arising out of them. The question arises – is protection deserved if an administrative contract containing an arbitration clause concluded in violation of the administrative law of the governmental body or without a special approval is invalid, unenforceable, or if the company was unaware of such a requirement? This paper analyses the concept of an administrative contract and its arbitrability in Saudi Arabia and comparative law to provide for sustainable solutions. Methods. The analysis of the applicable arbitration and administrative laws and rules is conducted with the normative method to establish the arbitrability of the disputes arising out of administrative contracts and the concept of the administrative contract. The case analysis reveals if the legislative approach causes difficulties in practice. The dogmatic method is applied to link the reasons for legislative and case law development to the current normative solutions in comparative and Saudi law. The conclusions on the existing problems and possible solutions shall be based on the analytical method. Results and Conclusions. Government contracts are of great importance and their exclusion from arbitration contradicts the set goal of sustainable dispute resolution mechanism. Differences in comparative law in terms of the notion of the administrative contract and the arbitrability may diminish the positive effects of arbitration in administrative contracts, as they may endanger equal access to dispute resolution as part of the sustainable development goals, be enforceable, or even cause discrepancies between states that annul the arbitration awards and others that still enforce the awards despite their annulment.

Bosnia and Herzegovina has been one of the first European states to introduce a generous consumer collective redress mechanism. It was established under the influence of the EU, the United States and former Yugoslav law. The legislation of Bosnia and Herzegovina provides an excellent opportunity to examine to which extent the collective redress remedies emanating from different legal traditions may co-exist and function together. The number and variety of collective consumer remedies in Bosnia and Herzegovina is quite impressive. But the mechanism has still not been used because of the weaknesses of those who are supposed to trigger it. The very generous solutions for consumer associations and a specialized Ombudsman for Consumer Protection, both with wide powers to initiate collective proceedings, have not proved to be sufficient. The lack of appropriate funding has so far been an obstacle that is too great for any collective initiative. It also does not help that legislation allows traders to file for compensation in the case of unfounded collective claims when the reputation and business of the trader have been seriously harmed. The new EU Directive on consumer representative actions will certainly require further reforms in Bosnia and Herzegovina, especially with regard to collective claims for damages. This will provide the legislator with the opportunity not only to introduce more options for collective redress, but also to add the missing pieces of the jigsaw so that the mechanism finally fulfils its purpose of providing legal protection for consumers.

This article deals with the protection of consumers when they enter e-commerce transactions with foreign companies. Most states reacted to the growing importance of e-commerce by enacting data protection and consumer protection legislation and by requiring registration of e-businesses. Companies have found a way to circumvent the consumer legislation by offering the consumers to agree to a choice of foreign courts and laws which are included in their terms and conditions. Consumers give away the protection of their home state simply by clicking to accept the general terms and conditions on the company’s website. The purpose of this article is to examine if the solutions and the experience from the United States and the European Union could serve as a model for transnational protection of consumers in e-commerce. The authors discuss the different levels of protection offered in the United States and the European Union and consider unification of the standards by a multilateral convention.

The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goals, the 2030 Agenda relies on international law instruments. The right to a healthy and sustainable environment is developing towards an internationally recognized human right. As environmental goals do not recognize national borders, international law plays a key role. International environmental law should facilitate a broader application of existing clean technologies through the transfer of technology and examine the development of new technologies as to its compatibility with a sustainable environment. Moreover, the human right to share in scientific advancement and enjoy its benefits embodies equal access to technology. The legal enforcement of sustainable goals in the private and governmental sectors remains one of the main concerns of climate change.

The question of a general part for EU Private International Law has attracted research and debate among PIL scholars long before the EU started to codify this legal field after the Amsterdam Treaty. However, the EU has made no attempt to make use of the existing research to adopt a comprehensive regulation of the general part of EU PIL and has adopted sector-specific regulation with inconsistent regulation of several general institutes. For the occasion of the anniversary of the Zeitschrift für Europarechtliche Studien this paper revisits the topic to answer the question which institutes of PIL should be codified in a general part of EU PIL. The conclusions are made based on four criteria: which general institutes of PIL are already regulated in the EU; are they generally applicable to all special parts of EU PIL; what is their practical relevance; and is there a need for their uniform regulation. The paper analyzes the discrepancies between existing general institutes of EU PIL and offers brief discussions on the possible formulation of some of the institutes for the general part.