Laws | December 2025 - Browse Articles

21 pages, 262 KB

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Deconstructing Corruption: From (Un)Fixed Definitions to Evolving Perspectives

by Maria Samantha Orozco Menéndez

Laws 2025, 14(6), 88; https://doi.org/10.3390/laws14060088 - 19 Nov 2025

This piece examines the persistent conceptual and normative challenges surrounding corruption in international law. It revisits classical definitions and perceptions of corruption, highlighting their influence on contemporary understandings. It critiques the approach of key international instruments, which, despite extensive efforts to combat corruption, [...] Read more.

This piece examines the persistent conceptual and normative challenges surrounding corruption in international law. It revisits classical definitions and perceptions of corruption, highlighting their influence on contemporary understandings. It critiques the approach of key international instruments, which, despite extensive efforts to combat corruption, have refrained from providing a unified definition, opting instead for pragmatic frameworks that result practically on criminal types. The analysis interrogates the traditional classification of corruption into petty and grand forms, acknowledging the growing recognition of institutional corruption as a distinct and equally destructive category. The article also highlights the bias in existing frameworks that focus predominantly on public-sector misconduct, often overlooking harmful practices in the private sector that are closely linked to broader dynamics of institutional corruption. Finally, it engages with the dual characterization of corruption as both a criminal offence and a potential violation of human rights. It argues for a paradigm shift: international law should focus less on definitional debates and more on recognizing the tangible harms of corruption, enabling accountability and reparations for acts that undermine democratic institutions and violate human rights. Full article

(This article belongs to the Special Issue Building a Culture of Integrity: The Role of Anti-Corruption Laws)

28 pages, 403 KB

Open AccessArticle

Disability, Sex Work, and the Law: A Comparative Case Study of Two Judicial Rulings

by Rina B. Pikkel and Sagit Mor

Laws 2025, 14(6), 87; https://doi.org/10.3390/laws14060087 - 18 Nov 2025

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Abstract

The intersections between disability, sex work, and the law are complex and intertwined. The paper aims to uncover how courts approach this entanglement and conceptualize disabled sexuality. Our account will illustrate how social norms, legal frameworks, international standards, and disability rights intersect in [...] Read more.

The intersections between disability, sex work, and the law are complex and intertwined. The paper aims to uncover how courts approach this entanglement and conceptualize disabled sexuality. Our account will illustrate how social norms, legal frameworks, international standards, and disability rights intersect in judicial outcomes and reasoning. The paper employs a case study methodology and disability theory. It offers a detailed analysis of two case studies that share a similar story, that of a disabled individual seeking funding for some sexuality-related services. Yet, they differ in many other perspectives; they were given 15 years apart by courts in different countries with distinct social and legal contexts. An Israeli case from 2006 highlights the challenges faced by a disabled individual in the absence of a formal disability rights framework, reflecting broader debates about the meaning of sexuality in the lives of disabled people, and an Australian case from 2020 centers on the inclusion of sexual services within disability support schemes, touching on issues of sexual rights, participation, and disabled individuals’ needs. This comparative approach highlights the evolving nature of judicial views on disabled sexuality, revealing both a gradual recognition of disabled individuals’ sexual rights and needs, alongside persistent stigmatizing and ableist misconceptions of disabled sexuality. Full article

(This article belongs to the Section Human Rights Issues)

31 pages, 353 KB

Open AccessArticle

Woman as a Victim—Examples of Discriminatory Provisions in Criminal Law

by Olga Sitarz

Laws 2025, 14(6), 86; https://doi.org/10.3390/laws14060086 - 15 Nov 2025

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Abstract

The publication analyses three criminal justice structures prominent in the scientific debate across various countries from the perspective of human rights, with particular emphasis on the principles of gender equality—the order to temporarily vacate the premises shared with the victim, the public-complaint nature [...] Read more.

The publication analyses three criminal justice structures prominent in the scientific debate across various countries from the perspective of human rights, with particular emphasis on the principles of gender equality—the order to temporarily vacate the premises shared with the victim, the public-complaint nature of the offense of rape and the prohibition of mediation in cases of domestic violence. Their shared characteristic is their assumed support for victims of a specific type of criminal offenses, which justifies the premises and scope of these constructs (or the submitted postulates). The analysis has confirmed that all the indicated instruments unreasonably restrict the rights of victims. They are all grounded in a single model of the victim as a person—a weak, powerless woman, unable to decide about herself freely and without coercion. At the same time, it can be argued that they exemplify legal paternalism and systemic gender-based discrimination. Full article

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

26 pages, 352 KB

Open AccessArticle

Shifting Responsibility on a Spectrum: The UK’s Responsibility for Externalised Border Control Operations

by Kathryn Allinson

Laws 2025, 14(6), 85; https://doi.org/10.3390/laws14060085 - 11 Nov 2025

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Abstract

The United Kingdom (UK) government continues exploring ways to externalise its border controls to deter people from travelling to its shores. States, including the UK, use externalised border controls to reduce responsibility and avoid legal obligations through distance-creation in a manifestation of ‘irresponsibilisation’. [...] Read more.

The United Kingdom (UK) government continues exploring ways to externalise its border controls to deter people from travelling to its shores. States, including the UK, use externalised border controls to reduce responsibility and avoid legal obligations through distance-creation in a manifestation of ‘irresponsibilisation’. They argue that extraterritorial border controls do not trigger their obligations under international refugee and human rights law, which are primarily territorial in scope. Were such claims true, they would create accountability gaps, allowing states to evade responsibility through cooperation and offshoring their legal duties. This paper challenges this view. It introduces a ‘responsibility spectrum’ applicable to the UK and other states’ actions involving externalised border controls, especially offshore processing of asylum claims or returns. The argument demonstrates that responsibility can arise for breaches of negative obligations, aiding and assisting a state, or violations of positive obligations. It emphasises that, despite the difficulties posed by ‘irresponsibilisation’, international law will ensure the UK is held accountable for any breaches it facilitates through any future externalisation policies. Full article

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

30 pages, 354 KB

Open AccessArticle

Reconceptualizing Human Authorship in the Age of Generative AI: A Normative Framework for Copyright Thresholds

by Fernando A. Ramos-Zaga

Laws 2025, 14(6), 84; https://doi.org/10.3390/laws14060084 - 7 Nov 2025

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Abstract

The emergence of generative artificial intelligence has unsettled traditional legal conceptions of authorship and originality by challenging the foundational premise of copyright, namely, the requirement of human intervention as a precondition for protection. Such disruption exposes the anthropocentric limits of existing regulatory frameworks [...] Read more.

The emergence of generative artificial intelligence has unsettled traditional legal conceptions of authorship and originality by challenging the foundational premise of copyright, namely, the requirement of human intervention as a precondition for protection. Such disruption exposes the anthropocentric limits of existing regulatory frameworks and underscores the absence of coherent, harmonized responses across jurisdictions. The study proposes a normative framework for determining the minimum threshold of human creativity necessary for works produced with the assistance of artificial intelligence to qualify for legal protection. Through comparative and doctrinal analysis, it advances the criterion of substantial creative direction, defined through three essential elements: effective control over the generative process, verifiable creative input, and identifiable expressive intent. On this basis, a graduated model of copyright protection is suggested, modulating the scope of rights according to the degree of human intervention and complemented by procedural reforms aimed at enabling its administrative implementation. The proposal seeks to reorient copyright toward an adaptive paradigm that safeguards technological innovation while preserving the centrality of human creativity as the normative foundation of the system, thereby ensuring a balanced relationship between regulatory flexibility and legal certainty. Full article

34 pages, 578 KB

Open AccessArticle

Deepfakes and the Geneva Conventions: Does Deceptive AI-Generated Misinformation Directed at an Enemy During Armed Conflict Violate International Humanitarian Law? A Critical Discussion

by Berkant Akkuş

Laws 2025, 14(6), 83; https://doi.org/10.3390/laws14060083 - 5 Nov 2025

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Abstract

‘Deepfakes’ and other forms of digital communications disinformation are now on the virtual frontlines of many armed conflicts. Military commanders can potentially gain significant tactical advantages by misleading enemy forces, opposing governments, and civilian populations into believing X when Y is the true [...] Read more.

‘Deepfakes’ and other forms of digital communications disinformation are now on the virtual frontlines of many armed conflicts. Military commanders can potentially gain significant tactical advantages by misleading enemy forces, opposing governments, and civilian populations into believing X when Y is the true state of affairs. Distinct from military propaganda, deliberate deceptions and subterfuge have long been part of warfare. However, a powerful claim is advanced that deepfakes such as announcing surrender, truce declarations, or similar messages that place soldiers and civilians at greater risk are international humanitarian law (IHL) violations, notably under the 1907 Hague Convention and the 1977 Additional Protocol I to the Geneva Conventions. This four-section critical discussion considers whether, or to what extent, deepfakes are IHL compliant. Selected examples taken from the ongoing Russia–Ukraine war are highlighted to illustrate the potentially grave dangers that deepfakes represent for innocent civilian populations. IHL reform recommendations are made that would reduce deepfake harm—if such reforms are embraced by the international community (an admittedly doubtful prospect). Full article

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23 pages, 333 KB

Open AccessArticle

Examining the Impact of the Nationality and Borders Act 2022 on Refugee Women

by Nora Honkala

Laws 2025, 14(6), 82; https://doi.org/10.3390/laws14060082 - 27 Oct 2025

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Abstract

The Nationality and Borders Act 2022 was enacted despite significant opposition from refugee charity and legal sectors. It is without question that the Act changes the domestic landscape of the refugee status determination system and has the potential to also negatively influence refugee [...] Read more.

The Nationality and Borders Act 2022 was enacted despite significant opposition from refugee charity and legal sectors. It is without question that the Act changes the domestic landscape of the refugee status determination system and has the potential to also negatively influence refugee status determinations in other jurisdictions. There are several sections of the Act that are particularly problematic for women’s claims of asylum. The Act reverses well-established international and regional human rights and refugee law principles and standards. The reversal, in some cases, of decades of jurisprudence on the interpretation of the Refugee Convention poses a concern for the integrity of the law and administrative justice. While the Act imposes barriers for all claimants, it disproportionately affects some of the most complex cases, including refugee women fleeing gender-based persecution. Of the various changes brought about by the Act, this article focuses on three that are particularly relevant to women asylum seekers: first, the regressive way in which membership of a particular social group has been framed; second, the heightened standard of proof now required; and third, the associated evidential burdens in relation to trauma and disclosure. Ultimately, these changes are likely to have a disproportionate and discriminatory impact on women seeking asylum, particularly those fleeing gender-based persecution. Full article

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

18 pages, 1101 KB

Open AccessArticle

When Does Website Blocking Actually Work?

by Aaron Herps, Paul A. Watters, Daniela Simone and Jeffrey L. Foster

Laws 2025, 14(6), 81; https://doi.org/10.3390/laws14060081 - 26 Oct 2025

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Abstract

This study systematically evaluates website blocking as both an anti-piracy enforcement mechanism and a cybersecurity control, analyzing its effectiveness in reducing piracy across four Southeast Asian jurisdictions with distinct legal frameworks, assessing blocking speed, procedural barriers, and circumvention tactics, providing new empirical insights [...] Read more.

This study systematically evaluates website blocking as both an anti-piracy enforcement mechanism and a cybersecurity control, analyzing its effectiveness in reducing piracy across four Southeast Asian jurisdictions with distinct legal frameworks, assessing blocking speed, procedural barriers, and circumvention tactics, providing new empirical insights for policymakers and cybersecurity practitioners. Using a quasi-experimental design during the COVID-19 pandemic, this research examines the impact of website blocking measures in Indonesia, Vietnam, Malaysia, and Singapore. For the first time, the findings reveal that swift, systematic website blocking—exemplified by Indonesia—serves as an effective cybersecurity control, significantly reducing access to infringing content while redirecting traffic toward legitimate platforms. Jurisdictions with procedural delays and inconsistent enforcement, however, demonstrate limited efficacy, highlighting the need for dynamic responses to evolving threats such as domain hopping and proxy servers. The findings inform broader cybersecurity applications like network segmentation, access control, and threat intelligence. This work links traditional copyright enforcement to proactive incident detection and response strategies, providing insights into broader applications for cybersecurity, such as network segmentation, access control, and threat intelligence. Full article

(This article belongs to the Special Issue Contemporary Developments in International Copyright Law: Navigating Challenges in the Digital Era)

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10 pages, 197 KB

Open AccessArticle

Tort Immunity Waiver for Vaccine Injuries: Ethical and Legal Perspectives

by Tammy Cowart and Gregory L. Bock

Laws 2025, 14(6), 80; https://doi.org/10.3390/laws14060080 - 24 Oct 2025

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Abstract

The COVID pandemic highlighted the importance of vaccine development and availability worldwide. Operation Warp-Speed in the United States accelerated vaccine production by several major pharmaceutical manufacturers, averting some of the normal administrative processes. The result has been a financial windfall for those companies. [...] Read more.

The COVID pandemic highlighted the importance of vaccine development and availability worldwide. Operation Warp-Speed in the United States accelerated vaccine production by several major pharmaceutical manufacturers, averting some of the normal administrative processes. The result has been a financial windfall for those companies. Some recent data has shown that the COVID vaccine can cause negative side effects in some patients. There are provisions in U.S. law that allow victims of vaccine injuries to recover compensation through the court system. However, even then tort remedies are limited by federal law. Since the review process was rushed during the pandemic, should tort immunity still be available to those pharmaceutical companies? This paper will discuss the legal and ethical issues involved in vaccine tort immunity. Full article

25 pages, 573 KB

Open AccessArticle

Comparative Labor Law Studies in Indonesia and Malaysia: Social–Economic Inequality and Governance of Migrant Workers

by Yeti Kurniati and Abdillah Abdillah

Laws 2025, 14(6), 79; https://doi.org/10.3390/laws14060079 - 24 Oct 2025

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Abstract

This study explores the comparative employment laws related to migrant worker protection in Indonesia and Malaysia, with a focus on the socioeconomic inequalities faced by migrant workers in both countries. The study identifies key challenges in law enforcement, including migrant workers’ vulnerability to [...] Read more.

This study explores the comparative employment laws related to migrant worker protection in Indonesia and Malaysia, with a focus on the socioeconomic inequalities faced by migrant workers in both countries. The study identifies key challenges in law enforcement, including migrant workers’ vulnerability to exploitation, poor recruitment procedures, and limited access to adequate legal education and information. A qualitative–interpretive methodology is used to explore in-depth issues related to employment laws and the socio-economic conditions of migrant workers. The study shows that Indonesia’s decentralized system results in fragmented and inconsistent law enforcement across regions, exacerbated by weak institutional capacity, legal gaps, and bureaucratic inefficiencies. Meanwhile, Malaysia’s centralized but pro-employer governance prioritizes economic growth over labor rights, leaving migrant workers—especially in the domestic and informal sectors—exposed to exploitation, wage discrimination, debt bondage, and limited access to social protection. To address these inequalities, bilateral cooperation between Indonesia and Malaysia is needed, including stronger law enforcement and equal protection for local and migrant workers. The study’s key finding is that these institutional weaknesses not only perpetuate migrant workers’ vulnerability, but also deepen structural socioeconomic inequalities between workers, agents, and employers. The study underscores the need for stronger law enforcement, formalization of the informal sector, harmonization with international labor conventions, and stronger bilateral cooperation. This study contributes to labor law studies and policy debates by offering insights into the institutional reforms necessary for more equitable and sustainable migrant worker governance in Southeast Asia. Full article

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Laws, Volume 14, Issue 6 (December 2025) – 10 articles

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