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Volume 15
Issue 4
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Laws, Volume 15, Issue 4 (August 2026) – 43 articles

Cover Story (view full-size image): This article charts the legal and technological developments that have enabled nonhuman systems, such as artificially intelligent software, to take actions that have significant consequences under private law, such as the making of contracts, the management of companies, and the incursion of tort or restitutionary liability. Because of these developments, it is important to recognize that while the law still serves human ends, “participants” in the legal system are no longer exclusively human; developments in organizational law have driven a shift such that, in a meaningful sense, nonhuman systems are now more than the direct instrumentalities of the human beings who have set them in motion. The article gives an overview of the relevant legal and technological developments. View this paper
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33 pages, 369 KB  
Article
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
Viewed by 489
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)
38 pages, 653 KB  
Article
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
Viewed by 549
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  
Article
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
Viewed by 423
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)
15 pages, 270 KB  
Article
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
Viewed by 467
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  
Article
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
Viewed by 577
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  
Perspective
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
Viewed by 685
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  
Article
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
Viewed by 841
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  
Review
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
Viewed by 534
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  
Article
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
Viewed by 983
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  
Article
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
Viewed by 411
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  
Perspective
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
Cited by 1 | Viewed by 348
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  
Article
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
Viewed by 342
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
26 pages, 312 KB  
Article
Smartphones in the Fog of War: Civilian Intelligence Apps and the Boundaries of International Humanitarian Law
by Berkant Akkuş
Laws 2026, 15(4), 89; https://doi.org/10.3390/laws15040089 - 6 Aug 2026
Viewed by 563
Abstract
This article examines the legal implications of civilian intelligence applications used during armed conflict, focusing on smartphone-based reporting systems deployed in the Russian–Ukrainian war. Applications such as Ukraine’s e-Enemy feature integrated into the Diia platform and the standalone ePPO application have enabled civilians [...] Read more.
This article examines the legal implications of civilian intelligence applications used during armed conflict, focusing on smartphone-based reporting systems deployed in the Russian–Ukrainian war. Applications such as Ukraine’s e-Enemy feature integrated into the Diia platform and the standalone ePPO application have enabled civilians to provide real-time geolocated information concerning troop movements, missile trajectories, and military activities. While these technologies provide substantial operational advantages, they simultaneously challenge foundational principles of International Humanitarian Law (IHL), particularly the distinction between civilians and combatants. The article critically evaluates whether civilians using such applications engage in direct participation in hostilities (DPH) under Article 51(3) of Additional Protocol I, analysing the criteria of threshold of harm, direct causation, and belligerent nexus. It argues that although certain forms of real-time operational reporting may satisfy the DPH threshold in limited circumstances, existing doctrine remains insufficient to address the broader systemic implications of state-organised digital civilian mobilisation. The article further contends that embedding military intelligence functions within civilian digital infrastructure transforms such platforms into potential dual-use objects, thereby engaging state obligations under Articles 48, 52, 57, and 58 of Additional Protocol I, as well as Common Article 1 of the Geneva Conventions. Through doctrinal analysis and the Ukrainian case study, the article proposes the development of a “duty of digital separation” requiring states to maintain clearer distinctions between civilian services and military intelligence systems. It additionally advocates enhanced precautionary duties, informed consent mechanisms, risk disclosure obligations, and governance frameworks for civilian intelligence applications. Ultimately, the article demonstrates that while IHL remains technologically adaptable in principle, interpretative refinement is necessary to preserve civilian protection in the context of digitally mobilised warfare. Full article
24 pages, 321 KB  
Article
Ensuring Justice for Vietnamese Child Victims of Human Trafficking: Lessons from the United Kingdom
by Dang Thi Thu Huyen and Nguyen Duy Dzung
Laws 2026, 15(4), 88; https://doi.org/10.3390/laws15040088 - 6 Aug 2026
Viewed by 505
Abstract
Children are a particularly vulnerable group in the global flow of human trafficking and face persistent barriers in accessing justice. This article examines how the United Kingdom (UK) ensures justice for Vietnamese child victims of human trafficking through a three-pillar framework on access [...] Read more.
Children are a particularly vulnerable group in the global flow of human trafficking and face persistent barriers in accessing justice. This article examines how the United Kingdom (UK) ensures justice for Vietnamese child victims of human trafficking through a three-pillar framework on access to justice: the legal protection framework, the institutional framework, and the capacity to provide and demand effective remedies. Employing a qualitative single-case-study design based on documentary analysis of international human rights instruments, UK legislation, official statistics, policy documents, and peer-reviewed research, the article argues that a progressive legal framework alone does not guarantee substantive access to justice: whether justice is realized depends on the interaction of all three pillars. Framed in rights terms, the failure runs through a sequence of guarantees: the child’s right to be recognized as a victim rather than an offender, their right to be heard in the decisions that follow, and their right to an effective remedy once the harm is done. The UK case, in which a highly developed legal and institutional framework coexists with documented protection failures affecting Vietnamese children, reveals where the gap between formal legal guarantees and substantive justice opens up. On this basis, and with explicit attention to the differences in legal tradition, resources, and institutional structure between the two countries, the article draws policy lessons for Vietnam in implementing its 2024 Law on Prevention and Combat of Human Trafficking. Full article
(This article belongs to the Section Human Rights Issues)
16 pages, 240 KB  
Article
The Law the Sea Left Behind: Reforming Maritime Criminal Law
by Selina Wai-Ming Robinson
Laws 2026, 15(4), 87; https://doi.org/10.3390/laws15040087 - 4 Aug 2026
Viewed by 663
Abstract
This article examines the legal inadequacy of traditional piracy frameworks in responding to contemporary maritime threats. The legal definition of piracy, rooted in Articles 101 and 105 of the United Nations Convention on the Law of the Sea (UNCLOS), was designed for a [...] Read more.
This article examines the legal inadequacy of traditional piracy frameworks in responding to contemporary maritime threats. The legal definition of piracy, rooted in Articles 101 and 105 of the United Nations Convention on the Law of the Sea (UNCLOS), was designed for a narrower category of maritime violence than now exists, and this definitional gap produces enforcement failures across criminal, international, and maritime governance law. Drawing on interdisciplinary literature spanning maritime security, criminology, international law, cybersecurity, and organised crime research, the article identifies five principal threat categories that fall outside existing piracy law: organised maritime crime, maritime terrorism, cyber-enabled disruption, illegal fishing, and state-linked hybrid maritime activity. It further identifies structural legal vulnerabilities, including jurisdictional fragmentation, the high seas/territorial waters divide, the private gain requirement, and the absence of a unified cyber–maritime legal instrument, that prevent existing frameworks from adequately regulating contemporary maritime criminality. The article concludes with a normative argument for an expanded, adaptive legal framework integrating cybersecurity, grey zone activity, and organised crime into maritime law, alongside improved international coordination, intelligence-sharing obligations, and governance capacity. The paper contributes directly to ongoing debates about the fitness for purpose of UNCLOS and the need for supplementary legal instruments to address twenty-first-century maritime threats. Full article
27 pages, 433 KB  
Article
Inheritance Law in Flux: Adapting to Modern Family Realities
by Géraldine Chapus-Rapin and Antoine Eigenmann
Laws 2026, 15(4), 86; https://doi.org/10.3390/laws15040086 - 4 Aug 2026
Viewed by 752
Abstract
Swiss inheritance law is increasingly confronted with profound social and legal transformations that challenge its traditional foundations. This article analyzes how Swiss inheritance law is striving to adapt to these contemporary developments, particularly the diversification of family structures, the growing emphasis on individual [...] Read more.
Swiss inheritance law is increasingly confronted with profound social and legal transformations that challenge its traditional foundations. This article analyzes how Swiss inheritance law is striving to adapt to these contemporary developments, particularly the diversification of family structures, the growing emphasis on individual autonomy, globalization, and the rise of alternative dispute resolution methods. The study first highlights the increasing mismatch between classical legal categories and modern realities, especially with regard to blended families and cohabiting partners. It then examines the persistent tensions between the freedom to dispose of one’s estate upon death and the protection of close relatives through the system of forced heirship, in a context where the testator’s margin of discretion is expanding. The analysis continues with an exploration of the increasingly international nature of inheritance situations and the significant challenges this poses in terms of legal coordination and predictability. Finally, the article underscores the growing role of mediation and arbitration in resolving inheritance disputes. It concludes that, despite significant developments, Swiss inheritance law still struggles to fully reflect social realities, calling for greater flexibility while preserving legal certainty and fairness. Full article
(This article belongs to the Special Issue Societal and Ideological Challenges for Succession and Inheritance Laws in Today’s Societies)
26 pages, 315 KB  
Article
A Mark of Contempt: Spitting, Dignity, and the Misclassification of Harm in Law
by Rebecca C. K. Ward and John S. Croucher
Laws 2026, 15(4), 85; https://doi.org/10.3390/laws15040085 - 29 Jul 2026
Viewed by 602
Abstract
Spitting is commonly treated in legal contexts as a minor physical or public health offence; however, this classification reflects a broader doctrinal tendency to prioritise contact-based and biohazard models of harm. This paper argues that contemporary assault doctrine often privileges visible and measurable [...] Read more.
Spitting is commonly treated in legal contexts as a minor physical or public health offence; however, this classification reflects a broader doctrinal tendency to prioritise contact-based and biohazard models of harm. This paper argues that contemporary assault doctrine often privileges visible and measurable injury, resulting in the under-recognition of symbolic and dignity-based harms. Using a purposive doctrinal and sociolegal analysis of selected legal authorities, the analysis advances the central claim that spitting may produce legally significant harm through its communicative function as an act of humiliation, degradation, and social exclusion. Drawing on dignity jurisprudence, vulnerability theory, trauma scholarship, and comparative legal analysis, the paper conceptualises spitting as a form of symbolic violence capable of producing psychologically significant impacts and legally relevant forms of harm independent of physical injury. Across custodial, clinical, and public settings, selected authorities suggest that legal reasoning often prioritises infection risk and physical contact while giving comparatively limited attention to humiliation, identity threat, and other non-physical dimensions of harm. The paper argues that existing legal and human rights principles may provide a doctrinal basis for recognising communicative and dignity-based harms, but that these principles remain inconsistently operationalised within assault law. Reframing spitting within a communicative and dignity-based model of harm may enhance doctrinal coherence and align legal interpretation more closely with the lived and relational realities of harm. In doing so, the paper contributes to broader sociolegal debates concerning dignity, vulnerability, and the recognition of non-physical injury within contemporary legal frameworks. Full article
21 pages, 302 KB  
Article
From Recognition to Enforceability: Constitutionalizing the Right to Mental Health in Peru Through Constitutional Court Jurisprudence
by Alfonso Renato Vargas-Murillo, Rafael Fortunato Supo Hallasi, Carlos Alberto Cueva Quispe, Ilda Nadia Monica de la Asuncion Pari-Bedoya, Regis André Junior Fernández Argandoña and Carlos Alberto Pajuelo Beltrán
Laws 2026, 15(4), 84; https://doi.org/10.3390/laws15040084 - 29 Jul 2026
Viewed by 535
Abstract
This article examines how the right to mental health has been constitutionalized in Peru through the jurisprudence of the Constitutional Court. Using doctrinal constitutional analysis, the article combines the interpretation of international human rights standards, domestic legislation, and the Court’s leading cases with [...] Read more.
This article examines how the right to mental health has been constitutionalized in Peru through the jurisprudence of the Constitutional Court. Using doctrinal constitutional analysis, the article combines the interpretation of international human rights standards, domestic legislation, and the Court’s leading cases with a targeted review of recent scholarship on community mental health reform, disability rights, and coercion. It argues that the Peruvian Court has transformed mental health from a predominantly medical or welfare concern into a constitutionally enforceable right by recognizing its connection to dignity, psychological integrity, equality, and the right to health. The article further argues, however, that this constitutionalization remains incomplete: the Court has been stronger in recognition and remedial activation than in fully confronting coercion, legal capacity, and the structural determinants of unequal enjoyment. The Peruvian case therefore illustrates both the promise and the limits of judicially driven rights-based mental health reform. Its broader contribution lies in showing that constitutionalization should be assessed not only by rights recognition, but also by doctrinal elaboration, institutional remedies, and the extent to which courts reshape the underlying legal model of care. Full article
(This article belongs to the Special Issue Mental Health Law and Policy: Rights, Regulation, and Reform)
18 pages, 277 KB  
Article
Research on the Risk Prevention and Control of Data Poisoning in the Age of Artificial Intelligence
by Bo Long, Zilong Han, Yukun Yue and Yulin Tong
Laws 2026, 15(4), 83; https://doi.org/10.3390/laws15040083 - 28 Jul 2026
Viewed by 763
Abstract
The development of large artificial intelligence models relies on the integrity and accuracy of training data. Malicious contamination of training data introduces false information. This information becomes fixed as parameter bias during model training. Consequently, it affects judgment logic and model output. Therefore, [...] Read more.
The development of large artificial intelligence models relies on the integrity and accuracy of training data. Malicious contamination of training data introduces false information. This information becomes fixed as parameter bias during model training. Consequently, it affects judgment logic and model output. Therefore, data contamination has become a primary method for attacking the security of large models. Despite this threat, legal regulations concerning data poisoning lack systematic research. This paper employs a normative analysis method. It systematically reviews regulatory rules regarding data poisoning. These rules are found within Chinese criminal and data security laws. Current legislation primarily enforces general data security duties. It also relies heavily on accountability after an incident occurs. This approach makes early intervention difficult. Risks often evolve into model defects and cause damage before effective measures are taken. Therefore, the main contribution of this paper is moving beyond the current retrospective regulation model. We advocate establishing a risk control mechanism for the entire training process. This mechanism spans from prior review to continuous monitoring and subsequent accountability. Furthermore, it clearly divides the responsibilities among four main entities. These entities include data providers, model developers, service providers, and regulatory agencies. This mechanism helps resolve practical difficulties associated with data poisoning. These challenges include multiple participants, complex causal relationships, and unclear responsibilities. The proposed framework responds to the genuine needs of data security. It aligns with the governance goal of improving hierarchical and classified security supervision. Ultimately, it provides a feasible analytical framework for protecting training data. Full article
21 pages, 331 KB  
Article
Intersectional Discrimination and Institutional Violence in Cases of Sexual Violence Against Indigenous Women: A Comparative Human Rights Analysis of IACHR Case 11.565 and Camila v. Peru (CRC)
by Yasmín Stefani Franco Bermúdez and Carlos Alberto Echeverría Mayorga
Laws 2026, 15(4), 82; https://doi.org/10.3390/laws15040082 - 28 Jul 2026
Viewed by 655
Abstract
This article examines how sexual violence against Indigenous women and girls is compounded by intersectional discrimination and secondary victimisation within state institutions. It conducts a structured, focused cross-regime comparative jurisprudential analysis of Inter-American Commission on Human Rights (IACHR) Case 11.565 (González Pérez et [...] Read more.
This article examines how sexual violence against Indigenous women and girls is compounded by intersectional discrimination and secondary victimisation within state institutions. It conducts a structured, focused cross-regime comparative jurisprudential analysis of Inter-American Commission on Human Rights (IACHR) Case 11.565 (González Pérez et al. v. Mexico) and the UN Committee on the Rights of the Child (CRC) Views in Camila v. Peru. The cases are purposively paired because they share a common legal phenomenon—sexual violence against Indigenous survivors followed by rights-relevant institutional responses—while differing in age, immediate perpetrator, institutional pathway and international regime. The study combines doctrinal analysis with a normatively traceable benchmark framework derived from the American Convention on Human Rights, the Convention of Belém do Pará, CEDAW, the Convention on the Rights of the Child, ILO Convention No. 169, UNDRIP and international investigation standards. Six domains are assessed categorically: language and cultural accessibility; secondary victimisation and survivor-centred treatment; investigation and evidentiary practice; health and informed consent; protection from reprisals and displacement-related harms; and reparations and guarantees of non-repetition. The comparison identifies recurring failures in linguistic access, institutional treatment, protection and implementation of structural remedies. It argues that intersectionality is constitutive of the legal harm, not merely contextual, and that it modifies the content of due diligence by requiring enhanced, intercultural and child-sensitive institutional safeguards. The framework does not quantify harm or rank violations; it makes the legal and institutional basis of the comparison transparent and offers actionable benchmarks for institutional design, litigation and monitoring. Full article
24 pages, 520 KB  
Review
Integrating Legal Education into Medical Training: A Conceptual Framework for Reducing Medico-Legal Risks in Healthcare
by Larisa Pătru, Oana Andreea Diaconu, Maria Cristina Bezna, Gabriela Boldeanu, Ciprian-Laurențiu Pătru, Adrian Bogdan and Elena Cristina Andrei
Laws 2026, 15(4), 81; https://doi.org/10.3390/laws15040081 - 28 Jul 2026
Viewed by 537
Abstract
Background: The rapid digitalisation of healthcare, the expanding use of artificial intelligence, and the development of cross-border medical services have significantly transformed medical practice. These developments have also intensified medico-legal risks and professional liability exposure for healthcare professionals. Despite these changes, legal education [...] Read more.
Background: The rapid digitalisation of healthcare, the expanding use of artificial intelligence, and the development of cross-border medical services have significantly transformed medical practice. These developments have also intensified medico-legal risks and professional liability exposure for healthcare professionals. Despite these changes, legal education remains insufficiently integrated into medical training, creating a gap between regulatory requirements and clinical practice. Methods: This study is based on a narrative analysis of the international literature addressing medico-legal challenges in healthcare, including medical errors, malpractice litigation, patient safety, digital health, and artificial intelligence. Drawing on international regulatory standards and educational frameworks, a conceptual model was developed to support the integration of legal education into medical curricula. Results: The analysis highlights persistent deficiencies in legal literacy among healthcare professionals, regardless of speciality or level of experience. Evidence from the reviewed literature suggests an association between lower levels of legal knowledge and increased professional vulnerability, including reported malpractice litigation and patient safety incidents. The proposed conceptual framework outlines a structured and longitudinal approach to integrating legal education into medical training, based on horizontal and vertical curricular integration, alignment with regulatory standards, and continuous professional development. Conclusions: Integrating legal education into medical curricula may represent a relevant strategy for supporting patient safety, strengthening medico-legal risk awareness, and promoting professional accountability. The proposed framework offers a conceptual and adaptable structure for medical schools and healthcare institutions. Full article
(This article belongs to the Special Issue Legal Epidemiology: The Empirical Jurisprudence of Public Health and Health Justice)
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22 pages, 292 KB  
Article
Excluding Parents in Cases of Complete Parental Abandonment from Intestate Succession: Different Jurisprudential Approaches in South African Law
by Anél Gildenhuys
Laws 2026, 15(4), 80; https://doi.org/10.3390/laws15040080 - 27 Jul 2026
Viewed by 645
Abstract
This article considers the exclusion of parents to inherit under section 1(1)(d) of the South African Intestate Succession Act 81 of 1987 (ISA) in cases of complete abandonment. It is based on a desktop study of the ISA, relevant case law (primarily Wilsnach [...] Read more.
This article considers the exclusion of parents to inherit under section 1(1)(d) of the South African Intestate Succession Act 81 of 1987 (ISA) in cases of complete abandonment. It is based on a desktop study of the ISA, relevant case law (primarily Wilsnach v TM 2021 (3) SA 568 (GP) (hereafter Wilsnach) and Jacobs v Adams [2025] 4 All SA 655 (GJ) (hereafter Jacobs)), and academic commentary, with brief reference to foreign parent-bar provisions. The article shows that South African courts have recently followed two different approaches in such cases: The Wilsnach approach, where the meaning of “parent” was interpreted in the light of the Constitution of the Republic of South Africa, 1996 and the South African Children’s Act 38 of 2005, and the Jacobs approach, where the court retained the ISA’s status-based framework but excluded the abandoning father through the doctrine of unworthiness to inherit. The article argues that, although the Wilsnach approach may appear fair and child-centered, it risks weakening the certainty of the intestate succession system. By contrast, the Jacobs approach fits more comfortably within the structure and purpose of the ISA, even though some uncertainty remains about extending unworthiness on broader public policy grounds. The article ultimately concludes that statutory reform would not easily solve the problem in the South African system of estate administration, and that the judicial application of the doctrine of unworthiness to inherit currently offers a more practical response in clear cases of complete parental abandonment. Full article
(This article belongs to the Special Issue Societal and Ideological Challenges for Succession and Inheritance Laws in Today’s Societies)
38 pages, 7009 KB  
Article
A New Frontier? Exploring Artificial Intelligence in Corporate Insolvency
by Kayode Akintola
Laws 2026, 15(4), 79; https://doi.org/10.3390/laws15040079 - 27 Jul 2026
Viewed by 804
Abstract
Artificial Intelligence (AI) is a transformative phenomenon for global economies. Corporate insolvency regimes, equally, are economically significant as they promote preventive measures, company rescue/restructuring, liquidation of inefficient enterprises, and actions against errant directors. However, corporate insolvency is typically stymied by high costs and [...] Read more.
Artificial Intelligence (AI) is a transformative phenomenon for global economies. Corporate insolvency regimes, equally, are economically significant as they promote preventive measures, company rescue/restructuring, liquidation of inefficient enterprises, and actions against errant directors. However, corporate insolvency is typically stymied by high costs and complexities associated with tasks such as asset management, investigations, and resolving creditor claims. These challenges are acute for stakeholders, such as Insolvency Practitioners (IPs), who often manage corporate insolvencies under information, time, and liquidity constraints. This paper presents and analyses findings from a survey (the survey was conducted by the research team of Akin Business Constructs and led by the author. All Figures/images used in this paper were generated by Akin Business Constructs.) on the use of AI in corporate insolvency proceedings. The objectives of the survey are to determine the existence, volume, and type of/rationale for AI use in corporate insolvency. This paper will, therefore, highlight the following: there is evidence of some usage of AI for varying tasks to support corporate insolvency proceedings; such usage points towards the adaptability of AI for simple and more complex corporate insolvency tasks; while the rationale for AI use in this context is predicated on efficiency gains, arguments against its use are principally centred on the accuracy of AI outputs; and the preponderance of AI use in this context is based on generic/non-specialised generative AI tools. Full article
(This article belongs to the Special Issue Developments in International Insolvency Law: Trends and Challenges)
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23 pages, 302 KB  
Article
Strategic Challenges of the EU Succession Regulation: Same-Sex Marriages in Light of C-713/23 and Its Implications for Slovak Succession Law
by Lubica Saktorová and Andrea Barancová
Laws 2026, 15(4), 78; https://doi.org/10.3390/laws15040078 - 24 Jul 2026
Viewed by 644
Abstract
The judgment of the Court of Justice of the European Union in Case C-713/23, Wojewoda Mazowiecki, constitutes a significant development in the Court’s case law concerning the recognition of personal status acquired in another Member State. While the decision has primarily been discussed [...] Read more.
The judgment of the Court of Justice of the European Union in Case C-713/23, Wojewoda Mazowiecki, constitutes a significant development in the Court’s case law concerning the recognition of personal status acquired in another Member State. While the decision has primarily been discussed in the context of civil registration and the free movement of Union citizens, its implications for cross-border succession have received little scholarly attention. This article examines the consequences of the judgment for the application of Regulation (EU) No. 650/2012 on succession, with particular emphasis on Slovak succession law, which neither recognises same-sex marriage nor registered partnerships. Using doctrinal legal analysis and a contextual interpretation of the Court’s jurisprudence, the article argues that the judgment should be understood through the concept of functional recognition. Although Member States remain competent to regulate marriage, they may be required to recognise the legal effects of a same-sex marriage lawfully concluded in another Member State where such recognition is necessary to ensure the effectiveness of EU law. The article demonstrates that this approach may influence the determination of heirs, the status of the surviving spouse, matrimonial property settlement, and the legal effects of the European Certificate of Succession. It concludes that Slovak authorities should apply a functional, case-by-case assessment that reconciles national constitutional identity with the effective protection of rights guaranteed by EU succession law, thereby contributing to the broader debate on the interaction between national family law and European private international law. Full article
16 pages, 235 KB  
Article
Dian in the Civil Code Era: A Historical, Systematic, and Axiological Reassessment
by Wei Xiao
Laws 2026, 15(4), 77; https://doi.org/10.3390/laws15040077 - 23 Jul 2026
Viewed by 1137
Abstract
As an inherent part of Chinese indigenous legal tradition, dian originated from customary practices and was gradually incorporated into the national legal framework, reflecting a distinctive historical evolution, structural composition, and value orientation. Historically, dian evolved from a simple customary transaction into a [...] Read more.
As an inherent part of Chinese indigenous legal tradition, dian originated from customary practices and was gradually incorporated into the national legal framework, reflecting a distinctive historical evolution, structural composition, and value orientation. Historically, dian evolved from a simple customary transaction into a formalized legal institution. It first took shape during the Tang Dynasty and matured through the Ming and Qing Dynasties. Structurally, long-term practice produced unique concepts and rules that embodied the dual nature of both usufructuary and security rights. In terms of value, dian was not merely an economic transaction tool but also reflected ethical norms and pragmatic wisdom of traditional society. It played a vital role in protecting the interests of the mortgagor, promoting circulation of land, and alleviating financial shortages. In the Civil Code era, the value of dian lies particularly in its ability to reconcile individual interests with social needs and to enhance the efficiency of property utilization. Full article
13 pages, 279 KB  
Review
Beyond Consent-Centred Protection in Digital Healthcare: Italy, Secondary Use of Health Data, and Governance-Based Safeguards for AI-Mediated Care
by Tommaso Spasari, Paolo Bailo, Giuliano Pesel, Giovanni D’Alessandro and Giovanna Ricci
Laws 2026, 15(4), 76; https://doi.org/10.3390/laws15040076 - 21 Jul 2026
Cited by 1 | Viewed by 709
Abstract
The digitalisation of healthcare is transforming not only clinical practice but also the legal architecture through which health rights are protected, coordinated, and operationalised. Using Italy as a doctrinal case study within the European Union (EU) framework shaped by the General Data Protection [...] Read more.
The digitalisation of healthcare is transforming not only clinical practice but also the legal architecture through which health rights are protected, coordinated, and operationalised. Using Italy as a doctrinal case study within the European Union (EU) framework shaped by the General Data Protection Regulation, the European Health Data Space, and artificial intelligence (AI) regulation, this article argues that digital healthcare is moving beyond consent-centred protection toward governance-based safeguards. The Italian trajectory is especially revealing because regionalised healthcare governance intersects with centralised digital coordination through the Fascicolo Sanitario Elettronico, the Ecosystem of Health Data, and EU rules on the secondary use of health data. The article contends that this shift does not displace consent as a legal or constitutional value, but requires stronger substitute and complementary safeguards when consent can no longer operate as an effective practical control mechanism. These include clear legal bases, differentiated access regimes, data minimisation, secure processing environments, meaningful patient information, democratic accountability, human oversight, anti-discrimination duties, and clearer allocations of responsibility among clinicians, institutions, and technology providers. AI-mediated care is treated as a downstream test case for whether governance-based legality remains compatible with autonomy, dignity, and responsibility in clinical care. Full article
16 pages, 271 KB  
Article
Dialogue with the Disabled “Other”: Expanding Legal Frameworks of Civil-Civic Engagement to Enhance Inclusion of Individuals with Down Syndrome
by Boleslaw Z. Kabala and Kelli Neel
Laws 2026, 15(4), 75; https://doi.org/10.3390/laws15040075 - 17 Jul 2026
Viewed by 484
Abstract
Scholarship on civic engagement and democratic culture has long emphasized dialogue, inclusion, and the recognition of marginalized voices, yet the legal and civic status of individuals with disabilities—particularly those with Down syndrome—remains insufficiently examined within this literature. This article addresses that gap by [...] Read more.
Scholarship on civic engagement and democratic culture has long emphasized dialogue, inclusion, and the recognition of marginalized voices, yet the legal and civic status of individuals with disabilities—particularly those with Down syndrome—remains insufficiently examined within this literature. This article addresses that gap by exploring how civic education and civic engagement, as supported by law at public universities, can better account for disability as a matter of democratic membership, dignity, and participation. Drawing on historical and contemporary analysis, the article examines the persistence and transformation of eugenic narratives supported by law as one underappreciated mechanism through which exclusion and devaluation continue to shape civic life. Historically, eugenic ideas influenced law, culture, and public policy by normalizing hierarchies based on health, appearance, and perceived ability. Contemporary forms of such reasoning, while often less explicit, continue to surface across legal and cultural divides, raising important questions for civic education and public deliberation. By situating disability within broader debates about civic inclusion, empathy, and democratic formation at institutions supported by law, this article argues for a more robust and balanced paradigm of civic engagement—one that critically confronts exclusionary narratives while affirming the civic agency, legal rights, and perspectives of individuals with disabilities, including those with Down syndrome and with respect to comprehensive considerations in prenatal contexts. Full article
(This article belongs to the Special Issue Vol. II of Civic Engagement, Justice, and the Law in a National and International Context)
21 pages, 256 KB  
Article
Can AI Participate in Dispute Resolution? Five Fundamental Questions That Remain Open for Discussion
by Jing Ma, Jingyi Chen, Tianhao Hu, Mingyu Deng and Xuesong Li
Laws 2026, 15(4), 74; https://doi.org/10.3390/laws15040074 - 15 Jul 2026
Viewed by 1812
Abstract
Given the current global trend of actively exploring the integration of AI into dispute resolution, we contend that, under existing theoretical and normative frameworks, there is as yet no sound basis for incorporating AI—least of all for replacing judges—into these processes. This is [...] Read more.
Given the current global trend of actively exploring the integration of AI into dispute resolution, we contend that, under existing theoretical and normative frameworks, there is as yet no sound basis for incorporating AI—least of all for replacing judges—into these processes. This is not to dismiss AI’s contribution to dispute resolution; rather, we seek to clarify how AI can be responsibly strengthened in this field. Rather than adopting simplistic technological skepticism, we develop a comprehensive theoretical framework that integrates perspectives from computer science and jurisprudence. By tracing the logical sequence of dispute resolution—goal setting, data input, subject identification, algorithmic processing, and the output and attribution of responsibility—we identify five fundamental issues. First, at the goal-setting stage, a fundamental conflict arises between algorithms, which aim to optimize efficiency, and the judiciary, which pursues multiple values (such as a just resolution and a swift one). Second, at the data-input stage, the principle of “garbage in, garbage out” manifests as the intractable and dynamically interactive problem of “algorithmic bias.” Third, at the subject-identification stage, allowing AI to replace human adjudicators—whether fully or partially—alters the judicial proceedings and undermines procedural justice. Fourth, at the algorithmic-processing stage, the black box and the hallucinations of deep learning are in sharp tension with the judiciary’s exacting demands for certainty and reasoned explanation. Finally, at the accountability stage, outsourcing judicial authority to private developers creates a supervisory vacuum and weakens the state’s liability for compensation. We therefore propose that the legal responses and rule-making needed to address these foundational issues be put in place before, not after, technological implementation. Full article
24 pages, 347 KB  
Article
A Critical Approach to Technofeudalism in EU Law: The Architecture of Big Tech’s Influence
by Tamás Dezső Ziegler, Thomas Buijnink, Reiner Diederik Duvenage, Sarolta Szabó and Gergely Gosztonyi
Laws 2026, 15(4), 73; https://doi.org/10.3390/laws15040073 - 15 Jul 2026
Viewed by 1362
Abstract
The article critically examines the emergence of technofeudalism within the European Union’s legal framework, drawing on the theoretical contributions of Yanis Varoufakis, Alfred C. Yen, and Katrina Geddes. We argue that the EU’s historically market-oriented regulatory architecture contributed to conditions that facilitated the [...] Read more.
The article critically examines the emergence of technofeudalism within the European Union’s legal framework, drawing on the theoretical contributions of Yanis Varoufakis, Alfred C. Yen, and Katrina Geddes. We argue that the EU’s historically market-oriented regulatory architecture contributed to conditions that facilitated the rise of dominant technology companies exercising quasi-governance functions over digital environments, extracting value from users while evading meaningful democratic accountability. Our analysis distinguishes between two categories of enabling legislation: structural rules, which govern corporate status, taxation, and market consolidation; and action-oriented rules, which regulate platform behavior, algorithmic governance, consumer relations, and data protection. We demonstrate how fragmented national tax regimes, ineffective merger control, under-regulated algorithms, asymmetric consumer protections, unclear liability frameworks for online content, exploitable private international law mechanisms, and inadequately enforced data protection standards collectively reinforce Big Tech’s dominance. While recent regulatory interventions such as the Digital Services Act and Digital Markets Act represent important steps, they remain embedded in a market-oriented paradigm that insufficiently addresses the broader social, cultural, and democratic implications of platform power. The article concludes by calling for a more coherent, democratically grounded approach to digital regulation—one that moves beyond fragmented, reactive policymaking toward a comprehensive framework capable of strengthening democratic accountability and public oversight within the digital sphere. Full article
20 pages, 363 KB  
Review
Legislating the Unwritten (Fundamental Rights-Based) Refusal Ground in European Criminal Law
by István Szijártó
Laws 2026, 15(4), 72; https://doi.org/10.3390/laws15040072 - 14 Jul 2026
Viewed by 485
Abstract
This article provides a comprehensive overview of the case law of the European Court of Justice related to the rebuttal of the principle of mutual trust in the process of judicial cooperation in criminal matters. It analyses ten judgements of the Court, which [...] Read more.
This article provides a comprehensive overview of the case law of the European Court of Justice related to the rebuttal of the principle of mutual trust in the process of judicial cooperation in criminal matters. It analyses ten judgements of the Court, which were delivered in preliminary ruling procedures that concerned the ground for refusal—established by the Court in its jurisprudence, hence referred to as unwritten ground—in cases when the execution of the judicial decision would have possibly jeopardised the protection of fundamental rights. This article provides a thorough analysis of the cases, shedding light on the gradual extension of the scope of the unwritten refusal ground, the Court’s resolve to protect the original structure of the Aranyosi test, the exceptional derogations from this resolve, and the various procedural aspects of carrying out the Aranyosi test. It argues that the rules governing the application of the unwritten refusal ground have been clarified, so much so that they may be ready to be translated into secondary legislation. As such, the aim of this article is to provide a legislative proposal for implementing the unwritten refusal ground into secondary sources of EU law based on the case law analysis. Full article
(This article belongs to the Section Criminal Justice Issues)
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