JOURNAL "ORBELIANI"

FOREIGN INVESTMENT PROTECTION IN MIDDLE-EARTH AND SARUMAN’S ISENGARD: INTERNATIONAL SYSTEMS OF FOREIGN INVESTMENT PROTECTION IN THE COMMON PURSUIT OF DEVELOPMENT

Irina Aghapishvili — 2025-01-16

The need for international guarantees and protective mechanisms for foreign investments became evident following World War II. In 1954, a resolution initiated by the UN Secretary-General identified a significant mismatch between investment flows and regions most in need of development. This resolution encouraged investment-seeking nations to “review and enhance national legislation” to improve their investment climate and implement measures to protect and promote foreign investments within their territories.
Despite these early recommendations, foreign investment protection remains a critical challenge in global development. A key obstacle has been the absence of a universally accepted framework for resolving international investment disputes.
This article examines the limitations of current investment protection mechanisms through analysis of three major systems: the World Bank, the International Court of Justice, and the Council of Europe. The discussion enriches this analysis through
analogies drawn from selected passages in Tolkien’s literary works.

THE HARTIAN METHOD FOR RESOLVING HARD CASES

Mariam Gagoshidze — 2025-01-16

egal systems typically resolve disputes through established legal norms and judicial precedents. However, the legal process occasionally encounters situations where the applicability of these norms or precedents becomes questionable. Legal
practitioners and philosophers designate such judicial cases as “hard cases.” This raises critical questions: What methods should courts employ when legislation is silent and no relevant precedent exists? How should they proceed when legal norms exist but are too vague to resolve specific issues without interpretation? Different theoretical approaches to law offer varying definitions of hard cases. Herbert Hart’s theories distinguish themselves from other positivist legal doctrines by acknowledging the social factor within legal norms. His approach to the judicial process addresses categories of cases that cannot be resolved through mere reference to legal norms, while rejecting decisions made “blindly” under the influence of “formalism” or “literalism” in judicial reasoning. The Georgian court system, like courts worldwide, has encountered and resolved numerous contentious cases. Given that achieving completely flawless written law is impossible, even within the most ideal framework, analyzing Hart’s philosophical approach becomes crucial. Furthermore, within the context of legal positivism, the search for and analysis of methods to resolve hard cases holds particular significance.

RESOLVING HARD CASES AND AMERICAN LEGAL REALISM

Nino Mukhadgverdeli — 2025-01-16

Law’s inherent ambiguity and indeterminacy generate complex cases that require balancing legal values with empirical evidence. Legal realism expands law’s formal boundaries through creative interpretation that aligns with contemporary reality. While acknowledging written norms, this approach recognizes that law fundamentally governs human relationships and should not prioritize positive law over human welfare.
Given law’s social control function, it must reflect current social realities. Legal realist methodology incorporates empirical data and contemporary practices specific to the decision’s temporal and spatial context. In resolving hard cases, judges can supplement positive law and precedent with interdisciplinary insights, particularly from behavioral sciences. This integration of psychological, sociological, and economic research becomes especially crucial in cases involving discrimination or minors.
The Georgian legal system increasingly recognizes the necessity of such non-traditional approaches, as demonstrated by the growing incorporation of interdisciplinary scientific findings in judicial reasoning.

ACCESEBILITY OF MEDICAL SERVICES: ISSUES AND POTENTIAL SOLUTIONS

Tengiz Verulava — 2025-01-16

Access to medical services is the ability to receive medical services when needed. Millions of people in the world, including Georgia, suffer from inadequate access to medical services. Access barriers to medical services are categorized into two types: financial and non-financial. Financial barriers primarily include solvency. Non-financial barriers include geographical accessibility of medical personnel and institutions, cultural and linguistic accessibility, and timely receipt of relevant medical services for those who need them. Among these types, financial and geographical accessibility are most frequently identified as primary challenges.
The main task of the state is to ensure equal geographic and financial access to effective medical services. Since 2013, as a result of the implementation of the universal healthcare program, financial access to medical services has increased in Georgia; however, equal protection from financial risks remains a serious problem. The aim of this paper is to analyze the problems related to financial access to healthcare, which are particularly relevant in the current context.

POLITICAL ANOMIE AND CIVIL WAR

Guram Ananeishvili — 2025-01-16

The article critically analyzes the concept of political anomie and examines how such social conditions are influenced by radical changes at the national level, as well as the impact of international dynamics on its emergence. Case study methodology
was employed to research the correlation between political anomie and the genesis of armed civil conflict. Using Bosnia-Herzegovina as a case study, empirical evidence was identified that demonstrates how civil war can be, in some cases, determined by political anomie.

ADJARIAN EMBROIDERY AND BLUE TABLECLOTH MAKING TECHNOLOGY AS MONUMENTS OF INTANGIBLE CULTURAL HERITAGE OF GEORGIA

Niko Kvaratskhelia — 2025-01-16

The UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage defines intangible cultural heritage as “practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage.” This heritage, passed down through generations, evolves as communities respond to their environment, interact with nature, and process their history, fostering identity, continuity, and respect for cultural diversity. This article examines two distinct examples of Georgian intangible cultural heritage in craftsmanship: Adjarian embroidery and the “blue tablecloth.” Adjarian embroidery represents traditional knowledge and skills within craftwork. In contrast, the revived “blue tablecloth” maintains historical forms and appearances while employing modern manufacturing technologies. The study explores the history of Adjarian embroidery, international perspectives, and the manufacturing techniques of the “blue tablecloth” within the framework of intangible cultural heritage. These two cases demonstrate divergent paths of cultural preservation. The highland Adjarian women’s embroidery art has persisted into the 21st century without technological modification, reflecting both passionate dedication to the craft and commitment to preserving traditional techniques. Conversely, the “blue tablecloth,” originating in the late Middle Ages before being disrupted by historical circumstances, exemplifies successful innovation. Its revival through modern technologies based on ancient traditions has proven commercially viable while maintaining cultural significance.

THE MAIN TRENDS IN RAFIEL ERISTAVI’S LYRICAL WORKS

Mari Simonishvili — 2025-01-16

Rafiel Eristavi stands as a pivotal figure who left an indelible mark on Georgian culture, literature, and public life. His first appearance in Georgian press came in 1846 with an essay about Pshav-Khevsureti, after which he devoted himself to public service for the remainder of his life. Beyond publishing poetic works, he contributed scientific publications and served as an ethnographic chronicler of Georgian life, a lexicographer, and an active member of the Georgian literacy movement. His legacy includes establishing Georgia’s professional theater, museum, and library. Throughout his career, he collaborated with prominent figures like Ilia Chavchavadze, Akaki Tsereteli, and Jacob Gogebashvili to advance national causes and promote Georgian culture. Eristavi’s poetry embodies the national spirit that characterized Georgian literature in the 1860s, primarily focusing on the struggle for Georgian independence and language preservation. His lyrics employ simple folk vocabulary, and while many of his poems draw from folk stories, tales, and narratives, they maintain their originality through his poetic craftsmanship. Several of his works, such as “Bread Harvest” and “Motherland Khevsuri,” achieved widespread popularity across Georgia in various regional versions.
This paper examines the principal aspects of Eristavi’s lyrical works, encompassing his poems, short stories, historical poems, plays, and translations. Through his writing, the poet elevates the concepts of national independence and freedom, inspiring in his readers an unconditional love for their country and native land.

SANDRO KAKULIA’S PLAY “IT RAINS OR DRIZZLES ON THE BRIDGE”

Nino Todua — 2025-01-16

Contemporary Georgian dramaturgy encompasses diverse themes, with violence emerging as a particularly significant focus. Violence has become so deeply embedded in social fabric that it often goes unrecognized as such. This article examines the socio-cultural significance of the interconnections between violence, morality, and personal identity, aiming to reflect contemporary reality and illuminate pressing moral and ethical concerns. Through analysis of Sandro Kakulia’s play “It Rains or Drizzles on the Bridge,” the study explores various manifestations of violence in modern society. The play’s characters serve as archetypal representations
of both perpetrators and victims, revealing the pervasive nature of psychological and physical violence. Critical examination of character relationships exposes how societal norms often obscure the recognition of violence, particularly in domestic and
intimate settings. By analyzing the psychological portraits of the characters and their interactions, the research demonstrates the profound impact of personal trauma on human lives. The study contributes to broader scholarly discourse on gender, power,
and human rights in both Georgian and global contexts.

DOSTOEVSKY’S MODERN GOSPEL: CRIME AND PUNISHMENT AND THE GOSPEL OF JOHN

Priscilla Meyer — 2025-01-16

This article is a translation of Priscilla Meyer’s article «Dostoevsky’s Modern Gospel: Crime and Punishment and the Gospel of John.» The paper examines the theological dimension of the literary work as it establishes legal responsibility and the legal subject. She argues that Christ, as the incarnated Word, brings the «new word» of the New Testament – the doctrine of Christian love and forgiveness. Raskolnikov serves as a tragic parody of this divine ideal: his attempt to speak a «new word» through murder represents, as Sonya points out, a transgressive attempt to usurp God’s exclusive authority over life and death.