Laws | December 2025 - Browse Articles

29 pages, 378 KB

Open AccessArticle

Small Firms, Big Gap: Rethinking MSME Rescue in EU Insolvency Law

by Emilie Ghio

Laws 2025, 14(6), 99; https://doi.org/10.3390/laws14060099 - 17 Dec 2025

Viewed by 632

This paper argues that despite two decades of reform, the European Union’s (EU) insolvency framework remains structurally and behaviourally inaccessible to micro-, small-, and medium-sized enterprises (MSMEs). While policy rhetoric has embraced the idea of a “rescue culture,” practical implementation has prioritised larger, [...] Read more.

This paper argues that despite two decades of reform, the European Union’s (EU) insolvency framework remains structurally and behaviourally inaccessible to micro-, small-, and medium-sized enterprises (MSMEs). While policy rhetoric has embraced the idea of a “rescue culture,” practical implementation has prioritised larger, well-resourced firms. Drawing on international guidance and case studies from Ireland, France, and the United States (US), the paper shows that legal reform alone is insufficient. Structural complexity, cultural stigma, and weak institutional outreach continue to block MSMEs’ access to rescue. The paper proposes a forward-looking agenda for EU reform centred on three pillars: legal simplification tailored to MSMEs, institutional scaffolding to enhance visibility and support, and cultural reframing to normalise restructuring as a second chance. It concludes that a functioning rescue culture must treat MSMEs not as scaled-down versions of large firms but as distinct users with unique constraints and capacities. Full article

(This article belongs to the Special Issue Developments in International Insolvency Law: Trends and Challenges)

33 pages, 353 KB

Open AccessArticle

Integration of Artificial Intelligence into Criminal Procedure Law and Practice in Kazakhstan

by Gulzhan Nusupzhanovna Mukhamadieva, Akynkozha Kalenovich Zhanibekov, Nurdaulet Mukhamediyaruly Apsimet and Yerbol Temirkhanovich Alimkulov

Laws 2025, 14(6), 98; https://doi.org/10.3390/laws14060098 - 12 Dec 2025

Viewed by 1290

Abstract

Legal regulation and practical implementation of artificial intelligence (AI) in Kazakhstan’s criminal procedure are considered within the context of judicial digital transformation. Risks arise for fundamental procedural principles, including the presumption of innocence, adversarial process, and protection of individual rights and freedoms. Legislative [...] Read more.

Legal regulation and practical implementation of artificial intelligence (AI) in Kazakhstan’s criminal procedure are considered within the context of judicial digital transformation. Risks arise for fundamental procedural principles, including the presumption of innocence, adversarial process, and protection of individual rights and freedoms. Legislative mechanisms ensuring lawful and rights-based application of AI in criminal proceedings are required to maintain procedural balance. Comparative legal analysis, formal legal research, and a systemic approach reveal gaps in existing legislation: absence of clear definitions, insufficient regulation, and lack of accountability for AI use. Legal recognition of AI and the establishment of procedural safeguards are essential. The novelty of the study lies in the development of concrete approaches to the introduction of artificial intelligence technologies into criminal procedure, taking into account Kazakhstan’s practical experience with the digitalization of criminal case management. Unlike existing research, which examines AI in the legal profession primarily from a theoretical perspective, this work proposes detailed mechanisms for integrating models and algorithms into the processing of criminal cases. The implementation of AI in criminal justice enhances the efficiency, transparency, and accuracy of case handling by automating document preparation, data analysis, and monitoring compliance with procedural deadlines. At the same time, several constraints persist, including dependence on the quality of training datasets, the impossibility of fully replacing human legal judgment, and the need to uphold the principles of the presumption of innocence, the right to privacy, and algorithmic transparency. The findings of the study underscore the potential of AI, provided that procedural safeguards are strictly observed and competent authorities exercise appropriate oversight. Two potential approaches are outlined: selective amendments to the Criminal Procedure Code concerning rights protection, privacy, and judicial powers; or adoption of a separate provision on digital technologies and AI. Implementation of these measures would create a balanced legal framework that enables effective use of AI while preserving core procedural guarantees. Full article

(This article belongs to the Special Issue Criminal Justice: Rights and Practice)

13 pages, 213 KB

Open AccessArticle

Transformative Public Procurement of Artificial Intelligence

by Giovanni Fabio Licata

Laws 2025, 14(6), 97; https://doi.org/10.3390/laws14060097 - 10 Dec 2025

Viewed by 892

Abstract

This study examines the role of public procurement of artificial intelligence (AI) as a catalyst for transformative change in State functions. Building on the concept of transformative law, it argues that law should not merely regulate technological innovation but actively guide and shape [...] Read more.

This study examines the role of public procurement of artificial intelligence (AI) as a catalyst for transformative change in State functions. Building on the concept of transformative law, it argues that law should not merely regulate technological innovation but actively guide and shape it in accordance with democratic values and the rule of law. Within this framework, public procurement emerges as a strategic instrument for (re)structuring the very configuration of public governance and institutions. This analysis highlights key legal issues surrounding the procurement of AI, starting with the premise of its dual function: on the one hand, as a tool for optimising acquisition procedures and, on the other, as the object of acquisition itself. Among the most pressing issues analysed are the definitions of algorithmic legality and accountability, the asymmetry of expertise between public authorities and private suppliers, and the regulatory complexity that characterises the field, especially in light of the recently adopted EU AI Act. Finally, this study conceptualises the public procurement of AI as a form of legal infrastructure, capable of securing systemic and enduring transformations for the State and its institutions. Full article

22 pages, 278 KB

Open AccessArticle

Narrative Injustice and the Legal Erasure of Indigeneity: A TWAIL Reframing of the Kashmiri Pandit Case in Postcolonial International Law

by Shilpi Pandey

Laws 2025, 14(6), 96; https://doi.org/10.3390/laws14060096 - 10 Dec 2025

Viewed by 609

Abstract

This article examines the persistent legal invisibility of the Kashmiri Pandits within international frameworks on indigenous rights and internal displacement. Despite meeting definitional criteria under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Guiding Principles on Internal Displacement, [...] Read more.

This article examines the persistent legal invisibility of the Kashmiri Pandits within international frameworks on indigenous rights and internal displacement. Despite meeting definitional criteria under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Guiding Principles on Internal Displacement, the community remains unrecognised as either indigenous or internally displaced. Drawing on Third World Approaches to International Law (TWAIL), constructivist norm diffusion and decolonial intersectional critique, this article argues that this exclusion arises not from normative ambiguity but from geopolitical selectivity and epistemic suppression. Through doctrinal analysis of India’s treaty commitments, including its accession to the Genocide Convention (1959) and its interpretative reservation to Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) (1979), this study reveals how recognition is constrained by state narratives of sovereignty and secularism. Supported by evidence from the NHRC inquiry, IDMC displacement data, and comparative experiences such as Native American recognition this paper demonstrates that categories of protection in international law are applied unevenly, depending on political compatibility rather than legal principle. It calls for renewed engagement with epistemic justice and narrative accountability in rethinking indigeneity and displacement in postcolonial contexts. Full article

(This article belongs to the Special Issue Human Rights in the Age of Globalisation: Challenges and Opportunities)

21 pages, 526 KB

Open AccessArticle

Harmonisation of the Albanian Anti-Money Laundering Law with the EU Anti-Money Laundering Directive: Challenges and Perspectives

by Gledis Nano and Gentjan Skara

Laws 2025, 14(6), 95; https://doi.org/10.3390/laws14060095 - 1 Dec 2025

Viewed by 997

Abstract

As Albania aspires to join the EU by 2030, harmonisation of existing and future legislation and ensuring proper implementation remain the main priorities. Several working groups have been established to deal with harmonisation and enforcement. Although scepticism about Albania’s 2030 membership exists among [...] Read more.

As Albania aspires to join the EU by 2030, harmonisation of existing and future legislation and ensuring proper implementation remain the main priorities. Several working groups have been established to deal with harmonisation and enforcement. Although scepticism about Albania’s 2030 membership exists among Albanian scholars and politicians about whether public administration can address this daunting task, Albanian citizens are hopeful about finally joining the EU. This paper analyses the extent to which Albanian legislation on the prevention of money laundering and financing of terrorism aligns with the Anti-Money Laundering Directives and how it is enforced. Using both traditional legal and comparative methodologies, this paper compares whether the Albanian anti-money laundering and countering the financing of terrorism law aligns with the Anti-Money Laundering regime and assesses the level of enforcement of harmonised legislation. This paper concludes that, although the Albanian Law on anti-money laundering and terrorist financing largely aligns with the AML/FT Directive, proper implementation remains a challenge due to limited enforcement capacities, weak legal structures, and an essentially cash-based economy with a substantial informal economy. Full article

(This article belongs to the Section Criminal Justice Issues)

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21 pages, 617 KB

Open AccessArticle

An Exploratory Study on Application of Inter-Agency Standing Committee (IASC) Guidelines in Borno State, Northeastern Nigeria

by Osita Kingsley Odo, Stephen Meyers, Lilian Ebere Anazube, Ijeoma J. Ogu and Ijeoma Igwe

Laws 2025, 14(6), 94; https://doi.org/10.3390/laws14060094 - 30 Nov 2025

Viewed by 606

Abstract

Persons with disabilities (PWDs) face disproportionate risks during humanitarian crises, yet their inclusion in aid delivery remains limited. To address this, the Inter-Agency Standing Committee (IASC) introduced the Guidelines on the Inclusion of Persons with Disabilities in Humanitarian Action in 2019. The IASC [...] Read more.

Persons with disabilities (PWDs) face disproportionate risks during humanitarian crises, yet their inclusion in aid delivery remains limited. To address this, the Inter-Agency Standing Committee (IASC) introduced the Guidelines on the Inclusion of Persons with Disabilities in Humanitarian Action in 2019. The IASC guidelines provide a global framework for mainstreaming disability inclusion. This exploratory study examines how these guidelines are applied in Borno State, Northeastern Nigeria, a region marked by protracted conflict, displacement and insecurity. Using a qualitative phenomenological approach, data were gathered through in-depth interviews from 20 humanitarian practitioners and supplemented with secondary sources. Thematic analysis revealed that while organisations adopted strategies such as data disaggregation, door-to-door outreach and local committee representation, implementation was inconsistent and constrained by cultural beliefs about disability, political interference, population displacement and weak monitoring standards. The findings also highlighted that although the IASC Guidelines are good in principle, the guidelines require context-specific adaptation, stronger organisational commitment and active inclusive engagement with PWDs and their representative organisations. The study recommends incorporating disability inclusion through mandatory organisational policies, dedicated funding, community-based advocacy and improved data systems to ensure that humanitarian responses are both inclusive and sustainable. Full article

(This article belongs to the Special Issue Disability Rights and the Law: Ensuring Equal Access and Inclusion for Persons with Disabilities Around the World)

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20 pages, 347 KB

Open AccessArticle

Law Enforcement on Misuse of Social Assistance Funds: A Legal Sociology Perspective

by Wiwie Heryani, Ratnawati Ratnawati, Maskun Maskun, Amaliyah Amaliyah, Andi Muhammad Aswin Anas, Muhammad Hasrul, Asmunandar Asmunandar, Muhammad Surya Gemilang and Wafiq Azizah

Laws 2025, 14(6), 93; https://doi.org/10.3390/laws14060093 - 30 Nov 2025

Viewed by 1173

Abstract

Social assistance is one of the primary programs organized in developing countries in a bid to reduce poverty. In Indonesia, the government has allocated IDR 152 trillion toward poverty alleviation. However, the persistent misuse of social assistance funds has unfolded to be a [...] Read more.

Social assistance is one of the primary programs organized in developing countries in a bid to reduce poverty. In Indonesia, the government has allocated IDR 152 trillion toward poverty alleviation. However, the persistent misuse of social assistance funds has unfolded to be a serious concern. According to the Ombudsman of Indonesia, approximately 81.37% of the 1004 complaints received between 29 April and 29 May 2020 were related to the misuse and misallocation of COVID-19 social assistance funds. Therefore, this study aims to comprehensively describe the legal enforcement model for preventing the misuse of social assistance funds and to identify the challenges faced by law enforcement from the perspective of legal sociology. In order to achieve the stated objectives, a qualitative approach grounded in legal sociology was adopted, utilizing empirical study methods. Data were collected through in-depth interviews with academics specializing in administrative law and public policy, as well as through an extensive review of the relevant literature. Subsequently, the gathered data were analyzed qualitatively using a descriptive approach. The obtained results showed that the key challenges in preventing the misuse of social assistance funds include weak regulatory frameworks, limited competency among law enforcement officials, and inadequate institutional infrastructure. Cultural factors were also found to play a significant role in influencing the effectiveness of law enforcement. Based on these insights, preventive measures were inferred to be essential and should focus specifically on strengthening the legal structure and utilizing technological tools to enhance transparency and monitoring. Accordingly, the substance of social assistance laws must be revised to include more detailed and specific provisions, while repressive measures should impose stricter sanctions on individuals who engage in misuse. Fostering a shift in the legal culture of society was also considered very important. These combined efforts are expected to reduce the misuse of social assistance funds, improve legal enforcement effectiveness, and essentially contribute to poverty reduction in Indonesia. Full article

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

24 pages, 321 KB

Open AccessArticle

National Implementation of the Kunming–Montreal Global Biodiversity Framework: A Comparative Law Perspective

by Ancui Liu

Laws 2025, 14(6), 92; https://doi.org/10.3390/laws14060092 - 28 Nov 2025

Viewed by 1397

Abstract

The Kunming–Montreal Global Biodiversity Framework (GBF) sets target-based and actionable commitments for the parties to the Convention on Biological Diversity (CBD) to facilitate its implementation. It is a strategic document that guides global biodiversity governance up to 2030 and beyond, including 2050. To [...] Read more.

The Kunming–Montreal Global Biodiversity Framework (GBF) sets target-based and actionable commitments for the parties to the Convention on Biological Diversity (CBD) to facilitate its implementation. It is a strategic document that guides global biodiversity governance up to 2030 and beyond, including 2050. To achieve the 4 goals and 23 targets of the GBF, the parties to the CBD must adopt national biodiversity strategies and action plans, establish national targets, and strengthen their domestic biodiversity laws. By comparing China and the European Union’s (the EU’s) legal approaches to operationalizing the GBF targets, insights are obtained into how to improve both China and the EU’s national implementation of the GBF as well as the global collective implementation. Both China and the EU should formalize national targets and requirements as outlined in their respective policy documents. They also need to streamline legal frameworks and measures related to biodiversity and enhance the effective implementation of the legal measures, against the backdrop of China enacting its environmental code and the EU adopting the Nature Restoration Law. Full article

(This article belongs to the Section Environmental Law Issues)

40 pages, 401 KB

Open AccessArticle

The Jurisprudence of Functional Identity: Artificial Intelligence as a Combatant in Warfare Under Article 43(2) of Additional Protocol I to the Geneva Conventions

by Johnny Sakr

Laws 2025, 14(6), 91; https://doi.org/10.3390/laws14060091 - 27 Nov 2025

Viewed by 1243

Abstract

Article 43(2) of Additional Protocol I to the Geneva Conventions defines combatants but does not specify that they must be human. Bundle Theory, which views identity as a collection of rights and duties, suggests that legal personhood is unnecessary for combatant status. Artificial [...] Read more.

Article 43(2) of Additional Protocol I to the Geneva Conventions defines combatants but does not specify that they must be human. Bundle Theory, which views identity as a collection of rights and duties, suggests that legal personhood is unnecessary for combatant status. Artificial intelligence, while not a legal person, could meet the functional criteria of a combatant, such as Roe v Wade (1973), where personhood was contextually recognised. Similarly, artificial intelligence could be classified as a combatant under international as participating in hostilities and adhering to a command structure. This parallels Roe v. humanitarian law without being granted full legal personhood. Full article

29 pages, 2964 KB

Open AccessArticle

Mapping Religion in Australian Federal Legislation: An Empirical Analysis of 288 Federal Statutes

by Maria Ambrose and Renae Barker

Laws 2025, 14(6), 90; https://doi.org/10.3390/laws14060090 - 26 Nov 2025

Viewed by 918

Abstract

This article presents the first systematic, empirical mapping of explicit references to religion in Australian federal legislation. Drawing on a dataset of 288 statutes in force as of March 2024, the analysis employs a dictionary of 71 religious terms to identify the scope [...] Read more.

This article presents the first systematic, empirical mapping of explicit references to religion in Australian federal legislation. Drawing on a dataset of 288 statutes in force as of March 2024, the analysis employs a dictionary of 71 religious terms to identify the scope and nature of legislative engagement with religion. The analysis reveals a distinctive legislative mode of balancing freedom of religion or belief through legislation, and, in particular, statutory exemptions, rather than judicial review, advancing the understanding of Australia’s pragmatic approach to church–state relations. The study reveals that religion appears across a wide spectrum of federal law, with taxation, exemptions and special considerations, discrimination, rights, education, employment, crime, terrorism, and marriage emerging as key themes. The prevalence of taxation provisions underscores the financial dimension of the state–religion relationship, while the frequency of exemptions highlights the distinctive Australian approach of balancing freedom of religion or belief at the legislative stage rather than through judicial proportionality analysis. These findings complicate portrayals of Australia as a “secular” state and demonstrate the entanglement of religion and federal law, providing a foundation for further research. Full article

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26 pages, 373 KB

Open AccessArticle

Communication Barriers in the Criminal Courts of England and Wales: Experiences of Defendants with Mental Health Conditions or Learning Disabilities

by Edmore Tendai Masendeke

Laws 2025, 14(6), 89; https://doi.org/10.3390/laws14060089 - 26 Nov 2025

Viewed by 1163

Abstract

In recent years, the need to provide communication support for defendants with mental health conditions or learning disabilities in criminal cases has received increased attention in international, regional and domestic law. However, defendants in England and Wales have inconsistent access to this type [...] Read more.

In recent years, the need to provide communication support for defendants with mental health conditions or learning disabilities in criminal cases has received increased attention in international, regional and domestic law. However, defendants in England and Wales have inconsistent access to this type of support. Furthermore, limited empirical research has examined this category of defendants’ experiences and the barriers that hinder their access to communication support in criminal court proceedings. This paper addresses this gap by investigating the experiences of former defendants in England and Wales and analysing the findings from a human rights perspective. Drawing on telephone and group interviews, it examines the extent to which these individuals accessed communication support and the barriers they encountered. Most participants reported receiving no communication support to help them understand what was happening or being said in court. Five key barriers were identified: professional knowledge gaps; stigma and discrimination; absence of a formal diagnosis; the speed of court proceedings; and inequalities in statutory provisions. Addressing these barriers is essential not only for ensuring equal access to justice in criminal courts in England and Wales but also for advancing the broader principles of inclusion and disability rights in legal systems worldwide. Full article

(This article belongs to the Special Issue Disability Rights and the Law: Ensuring Equal Access and Inclusion for Persons with Disabilities Around the World)

21 pages, 262 KB

Open AccessReview

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

Viewed by 1381

Abstract

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

Viewed by 1551

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

Viewed by 1408

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

Viewed by 1461

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

Viewed by 3963

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

Viewed by 2921

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

Viewed by 1844

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

Viewed by 1372

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

Viewed by 2931

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) – 21 articles

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