Laws

18 pages, 295 KB

Open AccessArticle

Extinctive Prescription Between Substance and Procedure: Toward a Functional Choice-of-Law Approach in French and American Private International Law

by Ghada Karam and Samantha Abou Harb

Laws 2026, 15(5), 108; https://doi.org/10.3390/laws15050108 - 28 Aug 2026

Abstract

The legal nature of extinctive prescription, whether it operates on the substantive right or merely on the faculty to bring suit, remains contested in civil law and acquires heightened stakes in private international law, where its characterization determines the applicable law. Within the [...] Read more.

The legal nature of extinctive prescription, whether it operates on the substantive right or merely on the faculty to bring suit, remains contested in civil law and acquires heightened stakes in private international law, where its characterization determines the applicable law. Within the contractual sphere examined here, French private international law attaches extinctive prescription to the lex causae, whereas American conflict of laws has traditionally treated statutes of limitation as procedural and governed by the lex fori. Drawing on a functional comparison of French and American law, this article argues that neither model adequately captures the institution’s dual character. It shows that the French substantialist characterization rests on a fragile domestic foundation still traversed by the right/action dichotomy and that exclusive attachment to the lex causae neglects legitimate forum interests. Conversely, the American procedural qualification has required corrective devices—borrowing statutes, governmental-interest analysis, and the Restatement (Second) § 142—that reintroduce substantive considerations. Examining the 1974 New York Convention, the article further demonstrates that substantive harmonization does not eliminate the need for characterization. It concludes that prescription is a sui generis institution calling for a functional apportionment between lex causae and lex fori rather than a single connecting factor; the construction of a complete operational model for such apportionment is reserved for further research. Full article

20 pages, 323 KB

Open AccessArticle

Certifiable Integrity, Verifiable Limits: Anti-Bribery Certification and Public Procurement Reform in Peru

by Carlos Alberto Pajuelo Beltrán, Mauricio Julio MacLean Cuadros, Alfonso Renato Vargas-Murillo, Ilda Nadia Monica de la Asuncion Pari-Bedoya and Guido Benedicto Palumbo Pinto

Laws 2026, 15(5), 107; https://doi.org/10.3390/laws15050107 - 27 Aug 2026

Abstract

This article examines the legal significance of using ISO 37001 anti-bribery certification as an integrity-related factor in Peruvian public procurement. Its claim is doctrinal and comparative rather than causal: ISO 37001 can operate as a useful risk-management heuristic, but it should not be [...] Read more.

This article examines the legal significance of using ISO 37001 anti-bribery certification as an integrity-related factor in Peruvian public procurement. Its claim is doctrinal and comparative rather than causal: ISO 37001 can operate as a useful risk-management heuristic, but it should not be treated as proof of integrity or as a substitute for public verification. The article strengthens the comparison with EU procurement law by distinguishing the assessment of the economic operator from the evaluation of the tender. In EU law, certificates and self-declarations such as the European Single Procurement Document (ESPD) are often used to reduce administrative burden at the selection or qualification stage, while award criteria under the most economically advantageous tender (MEAT) logic must remain connected to the contract and to the comparative evaluation of offers. Peru’s distinctive issue is that ISO 37001 is used as a scored award-stage signal under the rubric of integrity in public procurement. Drawing on Peruvian law, EU procurement-law literature, ISO 37001 materials, and regulatory-intermediary theory, the article proposes a staged integrity-screening model: admission through self-declarations and integrity pacts; qualification through operator-suitability checks and equivalent evidence; limited award-stage scoring only when justified by procurement risk; and execution-stage corroboration through contract controls and corporate-liability enforcement. Full article

(This article belongs to the Special Issue Fostering Integrity or Falling Short: The Role of Anti-Corruption Laws in Diverse Global Contexts)

30 pages, 1193 KB

Open AccessArticle

Good Faith at Sea: Non-Refoulement, Maritime Interdiction and Malaysian Practice Under International Law

by Mohamad Syafiq Bin Sulaiman and Jeong Chun Phuoc

Laws 2026, 15(5), 106; https://doi.org/10.3390/laws15050106 - 26 Aug 2026

Abstract

Malaysia intercepts and turns back Rohingya vessels in the Andaman Sea while party to neither the 1951 Refugee Convention, its 1967 Protocol, the Convention against Torture, nor the International Covenant on Civil and Political Rights, and the doctrinal literature on non-refoulement at sea, [...] Read more.

Malaysia intercepts and turns back Rohingya vessels in the Andaman Sea while party to neither the 1951 Refugee Convention, its 1967 Protocol, the Convention against Torture, nor the International Covenant on Civil and Political Rights, and the doctrinal literature on non-refoulement at sea, being largely European and Australasian, leaves this non-party setting under-examined. The article makes three contributions. First, through doctrinal analysis ordered under Article 38(1) of the Statute of the International Court of Justice, it establishes that the customary prohibition of refoulement binds Malaysia and that its return-to-torture core is best treated as peremptory, admitting no persistent-objector defence. Second, it shows that the prohibition reaches conduct at sea through effective-control jurisdiction and that the rescue duty under Article 98 of the United Nations Convention on the Law of the Sea reinforces rather than displaces it, because a place of safety read in good faith cannot be a place of persecution. Third, it develops good faith, through pacta sunt servanda, systemic integration, and the prohibition of abuse of rights, as an anti-evasion principle. Assessed against these standards, the provide-and-send-away pattern documented from 2015 to January 2025, on a route that remained in use into 2026, is irreconcilable with Malaysia’s obligations. Full article

(This article belongs to the Section Human Rights Issues)

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18 pages, 242 KB

Open AccessArticle

‘Manufacturing Vulnerability’ in UK Asylum: Shifting Standards of Proof and Sexual Diversity

by Raawiyah Rifath

Laws 2026, 15(5), 105; https://doi.org/10.3390/laws15050105 - 26 Aug 2026

Abstract

The Nationality and Borders Act (NABA) 2022 changed the application of the standard of proof in asylum claims. Previously, the standard of proof applied to the whole claim was ‘to a reasonable degree of likelihood’. Following NABA for claims lodged on or after [...] Read more.

The Nationality and Borders Act (NABA) 2022 changed the application of the standard of proof in asylum claims. Previously, the standard of proof applied to the whole claim was ‘to a reasonable degree of likelihood’. Following NABA for claims lodged on or after June 28 2022, the new standard applied utilises a two-pronged approach: The decision-maker must first decide on a ‘balance of probabilities’ whether the asylum seeker has a characteristic which could cause them to fear persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. Next, the decision-maker must determine whether ‘to a reasonable degree of likelihood’ that the claimant would be persecuted if returned to their country of nationality. The shift in the standard of proof reverts back to pre-Karanakaran where it had been decided that one standard should be used holistically. The two-pronged approach will inevitably cause the same confusions it did prior to Karanakaran as well as have a particularly disproportionate impact on people who are basing their asylum claims on their sexual orientation. This article investigates this disproportionate impact and argues that the shift in the standard of proof manufactures vulnerability and is a missed opportunity to rectify issues already existing with the standard of proof. Full article

(This article belongs to the Special Issue The Shifting Sands of Refugee Protection: Normativity, Crisis, and Contemporary UK Asylum)

20 pages, 1373 KB

Open AccessArticle

Corporate Tax Loss Carryforward and Company Regulation Under UAE Law: Rethinking the Tax Accounting Treatment of VirtualAssets—A Comparative Study

by Tarek Abdelsalam, Ahmed Moustafa Aldabousi, Haytham Mohamed Sherif, Mohammad Hamdy Alawady, Doaa Mohammad Sayed El Khosht and Abdelrehim Awad

Laws 2026, 15(5), 104; https://doi.org/10.3390/laws15050104 - 25 Aug 2026

Abstract

This article re-examines corporate tax loss carryforward and company regulation under United Arab Emirates law as applied to virtual assets. It uses Egypt as one functional benchmark among several, alongside the United States, the United Kingdom, Singapore, the European Union, and OECD reporting [...] Read more.

This article re-examines corporate tax loss carryforward and company regulation under United Arab Emirates law as applied to virtual assets. It uses Egypt as one functional benchmark among several, alongside the United States, the United Kingdom, Singapore, the European Union, and OECD reporting standards. The study asks whether the UAE’s general loss architecture—especially Articles 37–40 of Federal Decree-Law No. 47 of 2022—can address transaction-level problems involving classification, realization, valuation, beneficial ownership, custody, related parties, and evidentiary traceability without departing unnecessarily from tax neutrality. Using a doctrinal, comparative, and policy-oriented method, the article finds that the comparators generally apply ordinary tax categories while supplementing them with crypto-specific guidance, market supervision, and information reporting; they do not establish a general virtual-asset loss ring-fence. The UAE framework already contains substantial safeguards, including a 75% utilization cap, ownership and continuity conditions, transfer-pricing and anti-abuse rules, and the exclusion of exempt persons and Qualifying Free Zone Persons from Article 38 loss transfers. The identified concern is therefore a prospective institutional vulnerability rather than a demonstrated pattern of UAE abuse. The article’s original contribution lies in its UAE-focused synthesis and implementation architecture, not in originating the case for restricting crypto-losses. It proposes a neutrality-first, risk-triggered model: genuine losses remain subject to ordinary law, while enhanced proof and scrutiny apply where identifiable markers arise, including self-custody without reliable records, non-independent valuation, illiquid tokens, related-party crystallization, unlicensed platforms, abrupt ownership changes, acquisition of loss companies, or transactions lacking commercial purpose. Asset-class ring-fencing or special continuity rules should be considered only if future UAE evidence demonstrates that these technologically neutral safeguards are inadequate. This calibrated approach protects the tax base while preserving legal certainty, proportionality, and the UAE’s attractiveness as a digital-finance hub. Full article

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16 pages, 1600 KB

Open AccessArticle

Carbon Border Adjustment Mechanism as a Challenge for Global Trade

by Peter Kuko and Karin Cakoci

Laws 2026, 15(5), 103; https://doi.org/10.3390/laws15050103 - 24 Aug 2026

Abstract

This article examines the Carbon Border Adjustment Mechanism (CBAM) as a regulatory instrument of the European Union, situated at the intersection of international trade law, customs law and environmental protection. The primary objective of the study is to assess the legal nature of [...] Read more.

This article examines the Carbon Border Adjustment Mechanism (CBAM) as a regulatory instrument of the European Union, situated at the intersection of international trade law, customs law and environmental protection. The primary objective of the study is to assess the legal nature of the CBAM, evaluate its compatibility with World Trade Organisation (WTO) law and analyse its implications for sustainable global trade governance and climate policy. Particular attention is paid to Articles I, III and XX of the GATT, as well as relevant WTO case law, including the cases of United States—Gasoline, United States—Shrimp, European Communities—Asbestos and Brazil—Retreaded Tyres. The study further examines the procedural transformation of customs authorities, particularly in relation to the verification of emissions, the burden of proof and administrative enforcement. The article also assesses the environmental effectiveness of the CBAM in preventing carbon leakage and in enforcing higher environmental standards in third countries, addressing the legal and economic issues of discrimination, proportionality, administrative complexity and potential impact on developing economies. The research is based on doctrinal legal analysis, comparative legal methodology and a review of relevant international and European legal sources, including WTO case law and Regulation (EU) 2023/956. The authors demonstrate that the CBAM represents a hybrid regulatory mechanism combining elements of environmental taxation, regulatory charges and trade policy instruments implemented through customs procedures. The originality of the article lies in its integrated and comprehensive analysis of the CBAM from the perspective of customs law, international trade law and environmental regulation with a focus on sustainability. In contrast to existing studies focusing primarily on trade or climate aspects, the article highlights the evolving regulatory role of customs authorities in the framework of European Union climate governance. The findings suggest that the CBAM is generally compatible with WTO law, provided that it is implemented in a transparent, proportionate, flexible and non-discriminatory manner. The authors conclude that the CBAM can become an important model for the future development of sustainable international economic regulation and climate-related trade governance. Full article

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29 pages, 397 KB

Open AccessArticle

Gender Equality and Women’s Rights Protection: International Practice and National Legal Reforms in Uzbekistan

by Shakhzod Saydullaev, Makhmut Utemuratov, Khayitjon Turdiev, Allayar Sultamuratov and Shakhnoza Gaffarova

Laws 2026, 15(5), 102; https://doi.org/10.3390/laws15050102 - 23 Aug 2026

Abstract

Gender equality has become a fundamental indicator of constitutional democracy, effective governance, and the protection of human rights. This study examines the effectiveness of legal and institutional mechanisms for promoting gender equality through a comparative analysis of selected European jurisdictions and recent legal [...] Read more.

Gender equality has become a fundamental indicator of constitutional democracy, effective governance, and the protection of human rights. This study examines the effectiveness of legal and institutional mechanisms for promoting gender equality through a comparative analysis of selected European jurisdictions and recent legal reforms in Uzbekistan. Comparative legal, doctrinal, systemic, statistical, and socio-legal methods were employed, complemented by original empirical evidence from an anonymous sociological survey. The findings demonstrate that the effectiveness of gender-equality reforms depends on the interaction between the scope and enforceability of legal guarantees, institutional capacity and accountability, socio-economic conditions affecting equality of opportunity and outcomes, and the accessibility and effectiveness of protection against discrimination, harassment, and gender-based violence. Although Uzbekistan has introduced significant legislative reforms, substantive gender equality remains constrained by persistent gender stereotypes, unequal career opportunities, and limited public awareness of available legal protections. The study proposes an integrated legal-institutional framework that combines comparative legal analysis with empirical socio-legal evidence to assess the implementation of gender equality reforms in transitional legal systems. It concludes that strengthening institutional accountability, introducing systematic gender monitoring and audits, enhancing transparency in labor relations, and ensuring effective enforcement of existing legal guarantees are essential for translating formal legal equality into substantive equality in accordance with international human rights standards. Full article

(This article belongs to the Section Law and Gender Issues)

38 pages, 653 KB

Open AccessArticle

From Sandbox to Scale: Implementation Gaps in Saudi Arabia’s FinTech Legal Framework

by Mohsin Dhali and Shafiqul Hassan

Laws 2026, 15(4), 101; https://doi.org/10.3390/laws15040101 - 21 Aug 2026

Abstract

Much of the discourse around FinTech regulation focuses on whether legal frameworks adequately facilitate private-sector innovation. This article argues that the more consequential and underexamined question is whether enacted frameworks are operationally adequate, sufficiently coherent, specific, and institutionally supported to govern the commercial [...] Read more.

Much of the discourse around FinTech regulation focuses on whether legal frameworks adequately facilitate private-sector innovation. This article argues that the more consequential and underexamined question is whether enacted frameworks are operationally adequate, sufficiently coherent, specific, and institutionally supported to govern the commercial realities of a mature FinTech sector. Using Saudi Arabia as its primary case, this study applies doctrinal legal analysis and thematic document analysis across six regulatory domains: licensing and sandbox governance, data protection, cybersecurity, consumer protection, Shariah compliance, and cross-border regulatory alignment, benchmarked against standards from the United Kingdom, United States, European Union, and United Arab Emirates. These jurisdictions are treated as sources of regulatory technique rather than as demonstrations of regulatory success. The analysis finds significant implementation gaps across all six domains: formal instruments have been enacted, but the transition pathways, proportionate calibrations, inter-agency coordination, and technology-specific rules necessary for operational adequacy remain underdeveloped. Drawing on Amstad’s regulatory objectives-principles-practices taxonomy, regulatory lifecycle theory, and institutional isomorphism, this study advances six targeted reform recommendations. The study concludes that regulatory maturation in emerging FinTech markets requires a deliberate transition from instrument adoption to implementation depth, from duck typing inherited frameworks to selectively coding the genuinely new governance that algorithmic finance demands. Full article

22 pages, 620 KB

Open AccessArticle

Risk Society Theory and Plaintiff Standing in Environmental Civil Public Interest Litigation: Examination and Framework in the Context of China’s Codification

by Hongxia Fan

Laws 2026, 15(4), 100; https://doi.org/10.3390/laws15040100 - 21 Aug 2026

Abstract

The adoption of the Ecological and Environmental Code of the People’s Republic of China (March 2026) marks the arrival of the codification era. Building upon existing provisions in the Civil Procedure Law, the Code empowers procuratorial organs and qualified social organizations to initiate [...] Read more.

The adoption of the Ecological and Environmental Code of the People’s Republic of China (March 2026) marks the arrival of the codification era. Building upon existing provisions in the Civil Procedure Law, the Code empowers procuratorial organs and qualified social organizations to initiate environmental civil public interest litigation against acts that harm the public ecological interests. Nevertheless, amid growing demands for preventive governance, room remains for systematic adjustment of the supporting rules governing plaintiff standing. From the perspective of risk-society theory, the preventive function of environmental law requires the scope of protected interest-in-litigation to be moderately extended from traditional actual harm to significant environmental risks. This expansion provokes reflections on the representative qualification within risk-sharing communities and the scope of actionable claims, and constitutes the internal driving force for optimising the plaintiff-standing system. Within China’s current normative system, several issues related to plaintiff standing still deserve attention. Rules on preventive public-interest litigation concerning significant risks are stipulated only in judicial interpretations and have not yet been confirmed by higher-rank legislation. Supplementary restrictions on procuratorial organs’ litigation status set out in judicial interpretations are inconsistent with provisions of the Code. Thresholds for social-organisation plaintiffs remain open to improvement. In addition, existing legislation excludes citizens from public-interest-litigation plaintiffs, leaving theoretical room for exploring limited plaintiff standing for citizens. Adopting normative analysis and case-study methods, this paper draws on risk-society theory, domestic legal norms and judicial practice to examine the legal logic and practical dilemmas of plaintiff standing in environmental civil public-interest litigation in the codification era. It develops differentiated institutional arrangements for three categories of litigants. The findings provide ideas for the implementation of supporting rules under the Code and offer theoretical references for institutional evolution oriented toward preventive governance demands in the future. Full article

(This article belongs to the Section Environmental Law Issues)

33 pages, 369 KB

Open AccessArticle

Tension at Heart: Human Dignity, Rule of Law, Universities, and Free and Fair Democracy

by Eric Hartman

Laws 2026, 15(4), 99; https://doi.org/10.3390/laws15040099 - 21 Aug 2026

Abstract

American universities have always reached beyond knowledge development. They are constituted through and often defenders of rights central to free and fair democracy. This article makes a novel case for reinvigorated commitments to democratic civic education, including a normative commitment to the dignity [...] Read more.

American universities have always reached beyond knowledge development. They are constituted through and often defenders of rights central to free and fair democracy. This article makes a novel case for reinvigorated commitments to democratic civic education, including a normative commitment to the dignity of all persons that is institutionalized through equality before the law. The analysis cuts through contemporary pieties of the left and right. The focus is US higher education, including relationships with governments, law, policy, and civil society, proceeding in six significant sections. After defining key terms and the plan of this paper, I clarify the relatively recent innovation of rights and their absence around the world. Rights are foundational for free and fair democracy. I then review critical moments among state, civil society, the rule of law, and higher education across US history, demonstrating that values commitments are essential to establishing basic freedoms for a functioning democracy. The legal and cultural architecture of the rights tradition also undergirds sacred ideals in higher education, including academic freedom and institutional autonomy. That analysis leads to two highly contested issues—national security and policing—to suggest how contemporary institutional patterns undermine progress on critical university goals: deepened insight and/or principled disagreement. Evidence indicates courses related to policing and its critiques are siloed within curricula, student self-selection and institutional socioeconomic sorting undermine potentially related democratic dialogue, and both connect to position campus discourse out of step with marginalized communities. These issues intersect with a key point of this article: individual rights and the formal, legal embrace of shared dignity require government entities. In the final sections, I focus on institutional-level recommendations for civic education that expands commitments to human dignity and the rule of law within a free and fair democracy. Full article

(This article belongs to the Special Issue Vol. II of Civic Engagement, Justice, and the Law in a National and International Context)

15 pages, 270 KB

Open AccessArticle

Employment Issues for Third-Country Nationals in Hungary and the EU, with Particular Regard to Collective Labour Law and Wage Policy

by Hilda Tóth and Gábor Mélypataki

Laws 2026, 15(4), 98; https://doi.org/10.3390/laws15040098 - 19 Aug 2026

Abstract

This study examines how migration influences key issues in the economy and the labour market, and whether the latest EU-level policy initiatives—including the EU Talent Pool initiative—may affect the balance between labour supply and demand. The analysis is based on a structured review [...] Read more.

This study examines how migration influences key issues in the economy and the labour market, and whether the latest EU-level policy initiatives—including the EU Talent Pool initiative—may affect the balance between labour supply and demand. The analysis is based on a structured review of legislation and theoretical literature, with particular attention paid to comparative studies of the EU labour market and international policy assessments produced by organisations such as the OECD and the European Commission. The research also found that migration can contribute positively to economic performance by alleviating labour shortages and improving the match between skills and jobs. Some of the literature analysed in the research also points out that migration may have a negative impact on wages, tending to push them downwards, and that collective labour institutions also face challenges in relation to migration. New platforms such as the EU Talent Pool could be a suitable tool for improving coordination between labour supply and demand. Overall, the study concludes that the economic effects of migration are not uniform; its impact on wages may be negative in certain sectors, but this can be offset and influenced by Member States’ regulatory practices and collective labour law institutions. Full article

11 pages, 200 KB

Open AccessArticle

The New Way of Working at the WTO: Looking at ECA

by Gabrielle Marceau and Antoine Comont

Laws 2026, 15(4), 97; https://doi.org/10.3390/laws15040097 - 18 Aug 2026

Abstract

The growing inability of the World Trade Organization (WTO) to conclude new multilateral agreements has prompted groups of like-minded Members to experiment with alternative forms of trade cooperation. The Agreement on Electronic Commerce (ECA), concluded in 2024 but not incorporated into Annex 4 [...] Read more.

The growing inability of the World Trade Organization (WTO) to conclude new multilateral agreements has prompted groups of like-minded Members to experiment with alternative forms of trade cooperation. The Agreement on Electronic Commerce (ECA), concluded in 2024 but not incorporated into Annex 4 of the Marrakesh Agreement, exemplifies this evolution. Negotiated by WTO Members, within the WTO, and with the stated objective of eventual integration into the multilateral framework, the ECA nevertheless currently operates as an autonomous treaty governed by public international law. This article argues that it represents a new way of working within the WTO and illustrates the emergence of what the authors describe as an “imperfect agreement”: a legally binding instrument that remains institutionally connected to the WTO while operating outside its formal legal architecture. The article first examines the legal status of the ECA and the institutional consequences of its implementation outside the WTO framework, including its interim governance arrangements and autonomous dispute settlement mechanism. It then analyses how the agreement manages its interaction with WTO law by preserving the rights of non-participating Members, limiting potential conflicts with existing WTO obligations, and maintaining a credible pathway towards future incorporation into the WTO legal system. Full article

(This article belongs to the Special Issue The World Trading System in Dire Straits: Legal Challenges, Tariff Disputes, and the Future of the World Trade Organization)

8 pages, 180 KB

Open AccessPerspective

The European Union, the WTO, and the “Rhetoric of Reaction”

by Carlo M. Cantore

Laws 2026, 15(4), 96; https://doi.org/10.3390/laws15040096 - 18 Aug 2026

Abstract

This article examines the European Union’s response to the United States’ challenge to two pillars of the multilateral trading system: the Most Favoured Nation principle and compulsory third-party adjudication. Drawing on Hirschman’s analysis of the “Rhetoric of Reaction”, it argues that the United [...] Read more.

This article examines the European Union’s response to the United States’ challenge to two pillars of the multilateral trading system: the Most Favoured Nation principle and compulsory third-party adjudication. Drawing on Hirschman’s analysis of the “Rhetoric of Reaction”, it argues that the United States has framed its attack to the WTO disciplines through claims of perversity, futility, and jeopardy. Rather than resisting this rhetoric, the European Union has increasingly echoed that discourse. Using the “Liberation Day” tariffs and the ensuing Turnberry “deal” as a test case, the article shows how the European Union moved from its firmer reaction to the 2018 Section 232 measures to a more deferential posture in 2025, including the acceptance of discriminatory tariffs and the decision not to initiate WTO litigation. The article contends that this shift weakens the European Union’s traditional role as a defender of multilateralism, normalizes departures from non-discrimination and dispute settlement, and risks accelerating the erosion of key principles of the WTO legal order. Full article

(This article belongs to the Special Issue The World Trading System in Dire Straits: Legal Challenges, Tariff Disputes, and the Future of the World Trade Organization)

29 pages, 374 KB

Open AccessArticle

Radically Changed by the Revolution: The Meaning of Citizenship and Civic Education

by Michael J. Driscoll and Jose Arevalo

Laws 2026, 15(4), 95; https://doi.org/10.3390/laws15040095 - 14 Aug 2026

Abstract

The civic thought movement has produced many fine proposals for facilitating a more robust citizen education in multiple legal contexts, but these proposals have mostly taken for granted what it means to be a citizen of the United States in our time. However, [...] Read more.

The civic thought movement has produced many fine proposals for facilitating a more robust citizen education in multiple legal contexts, but these proposals have mostly taken for granted what it means to be a citizen of the United States in our time. However, if the movement seeks to bring about a true revival in civic education—legally, politically, and culturally—it must have a clear picture of what it is aiming at and what is possible in our current circumstances. To help clarify that picture, this paper asks civics educators to consider citizenship and civics education in light of their intimate relation to the regime and its legal underpinning, and to political theory. We illustrate these relationships by comparing the American Founding and 20th century Progressivism. We find that in the Founding citizenship was understood as an exclusive legal and moral privilege that came with a robust set of rights and duties. Conversely, while the Progressives similarly emphasized the importance of civic education, their understanding of citizenship differed from that of the Founding on account of their rejection of the Founders’ natural and civil law principles. We conclude with the suggestion that the civic thought movement must adopt a more robust political and legal theory to achieve its aims. Full article

(This article belongs to the Special Issue Vol. II of Civic Engagement, Justice, and the Law in a National and International Context)

24 pages, 346 KB

Open AccessReview

The Limits of State Sanctuary: A Feminist Case Study of VAWA Barriers in Colorado

by Haley Noel Graham and Lisa Pasko

Laws 2026, 15(4), 94; https://doi.org/10.3390/laws15040094 - 13 Aug 2026

Abstract

As U.S. immigration policy changes across presidential administrations, it is critical to examine how these changes shape immigrants’ interactions with the legal system. While immigrants are provided basic rights, many lack access to critical protections. This paper employs an inductive thematic analysis of [...] Read more.

As U.S. immigration policy changes across presidential administrations, it is critical to examine how these changes shape immigrants’ interactions with the legal system. While immigrants are provided basic rights, many lack access to critical protections. This paper employs an inductive thematic analysis of barriers to immigrant survivors’ access to Violence Against Women Act (VAWA) protections, using Colorado as a critical case study. This analysis demonstrates how even substantial state investment and sanctuary commitments are neutralized by federal legal barriers. Analyzed through a feminist lens, this analysis suggests that even in a state committed to immigrant protection, access to VAWA remains constrained in part because federal immigration law contains institutional structures that reproduce gendered power relations. Full article

(This article belongs to the Special Issue Law and Gender Justice)

45 pages, 1150 KB

Open AccessArticle

Platform-Facilitated Grooming and AI Chatbots: Rethinking Criminal Liability and Regulation

by Mohamed Chawki

Laws 2026, 15(4), 93; https://doi.org/10.3390/laws15040093 - 13 Aug 2026

Abstract

The use of artificial intelligence chatbots that mirror human interaction and emotional closeness has given rise to new forms of crime. Traditional online grooming is generally conceptualized as an offence in which a human perpetrator plans, initiates, and executes criminal conduct. However, the [...] Read more.

The use of artificial intelligence chatbots that mirror human interaction and emotional closeness has given rise to new forms of crime. Traditional online grooming is generally conceptualized as an offence in which a human perpetrator plans, initiates, and executes criminal conduct. However, the increasing involvement of artificial intelligence has introduced novel and complex scenarios. AI systems may either autonomously engage in conduct that facilitates the sexual exploitation of children or serve as tools that enhance, automate, or scale offenders’ activities. These developments challenge the traditional understanding of the offence and expose significant gaps in existing legal frameworks. Consequently, current regulatory approaches may prove inadequate to address the evolving nature of AI-assisted online grooming and associated forms of child sexual exploitation. This study investigates the case of grooming via social media using AI chatbots and discusses whether the current criminal legislation is sufficient to address this offence. Through a legal comparative method, this study examines the legal rules in the European Union, the United Kingdom, the United States, and China, focusing on the elements of criminal acts and criminal intent and the consideration of the liability of platform operators, developers, and deployers of AI systems. The study also discusses the problem of intermediary liability rules and less mature AI governance policies to tackle the fragmented and hidden nature of algorithmic actions. The study concludes that existing criminal law frameworks face significant challenges in addressing AI-assisted grooming, particularly regarding criminal intent, foreseeability, and liability allocation. The fragmentation of responsibility among offenders, platforms, and AI developers creates regulatory and enforcement gaps in the law. Accordingly, this study advocates for a risk-based liability framework, enhanced platform accountability, greater algorithmic transparency, and stronger child-centered safeguards. Full article

(This article belongs to the Special Issue Advanced Technology and Artificial Intelligence: Criminal Justice and Legal Challenges, Impacts, and Solutions)

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35 pages, 810 KB

Open AccessArticle

The Structure and Functioning of the Turkish Court of Accounts as the Body Responsible for the Financial Audit of State-Owned (Public) Companies Under Turkish Law

by Hüseyin Bilgin and Yasin Atalan

Laws 2026, 15(4), 92; https://doi.org/10.3390/laws15040092 - 12 Aug 2026

Abstract

In the modern understanding of public administration, public authorities establish companies governed by private law to ensure flexibility and efficiency in service delivery. However, the fact that these companies utilize public funds necessitates effective oversight in accordance with the principles of accountability and [...] Read more.

In the modern understanding of public administration, public authorities establish companies governed by private law to ensure flexibility and efficiency in service delivery. However, the fact that these companies utilize public funds necessitates effective oversight in accordance with the principles of accountability and transparency. Since the capital of these companies is derived from public resources, their financial auditing by public authorities becomes necessary. Under Turkish law, the financial audit of these companies—established with public capital and whose managers are appointed by public authorities—is carried out by the institution known as the Turkish Court of Accounts (TCA). This study aims to analyze the structure and functioning of the TCA, the institution responsible for the financial audit of public companies, within the framework of the Turkish Court of Accounts Act No. 6085, and to provide an overview of this subject. Based on the TCA Act, the body responsible for assessing the financial discipline and legal compliance of public companies is introduced. This study also provides information on the public officials serving within the TCA and the units in which they perform their duties. Furthermore, it addresses the disciplinary and criminal liability of those serving within the TCA. Full article

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8 pages, 158 KB

Open AccessPerspective

Revising the WTO Contract: Is the Trump Administration’s Vision Workable?

by Simon Lester

Laws 2026, 15(4), 91; https://doi.org/10.3390/laws15040091 - 11 Aug 2026

Abstract

As part of their broad commentary on U.S. trade policy and the world trading system, the U.S. Trade Representatives during each of Donald Trump’s terms in office have offered a public critique of specific aspects of the WTO as a “contract”. In doing [...] Read more.

As part of their broad commentary on U.S. trade policy and the world trading system, the U.S. Trade Representatives during each of Donald Trump’s terms in office have offered a public critique of specific aspects of the WTO as a “contract”. In doing so, they offer a vision of the system that is very different from the current understanding. Along with these personal views put forward by individual Trump administration officials, as part of WTO reform discussions, the U.S. government is making formal proposals that would reshape the system in practical terms. Is the vision presented by the U.S. trade leadership, in both their personal and official capacities, workable? This article considers the implications of these high-level informal critiques and formal proposals for the future of the trading system. Full article

(This article belongs to the Special Issue The World Trading System in Dire Straits: Legal Challenges, Tariff Disputes, and the Future of the World Trade Organization)

22 pages, 333 KB

Open AccessArticle

Reversals in the ‘Right to Health’? The Case of SARS-CoV-2

by Nirmala Pillay

Laws 2026, 15(4), 90; https://doi.org/10.3390/laws15040090 - 10 Aug 2026

Abstract

In May 2025, a new and welcome Pandemic Treaty was signed. The success of this treaty for the management of future pandemics depends on a re-evaluation of the importance of previous well-established treaty-based international human rights norms in controlling health crises. During the [...] Read more.

In May 2025, a new and welcome Pandemic Treaty was signed. The success of this treaty for the management of future pandemics depends on a re-evaluation of the importance of previous well-established treaty-based international human rights norms in controlling health crises. During the COVID-19 pandemic, public health responses globally were characterised by poor preparation, uncertainty, and hasty and sometimes perverse decisions. International human rights norms, especially health rights, and other treaty obligations were honoured more in their breach than their observance. The lessons learned from public health strategies that had integrated international human rights norms into the control and management of the HIV/AIDS pandemic were either ignored or forgotten. Early public health attempts to control the HIV/AIDs pandemic were hobbled by data breaches, travel restrictions, compulsory reporting, stigma, and misinformation about how the virus spread. This was replaced by a more successful human rights-based approach (HRBA) that used health rights indicators to identify groups susceptible to the disease but difficult to reach with conventional public health policies. The efficacy of health rights indicators and HRB methodology to remove barriers to treatment and suppress pandemics should have been seriously considered in strategies to control COVID-19. The article claims that failure to do this meant that more lives were lost than necessary and more people were left with serious long-term health effects. This article explores the practical significance of the international human rights legal framework, especially health rights, as trialled during the HIV/AIDS pandemic, for the management of COVID-19 and other pandemics. Full article

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