Laws | February 2026 - Browse Articles

30 pages, 338 KB

Open AccessArticle

Abraham Lincoln, Stephen Douglas, and the “Galesburg Challenge”

by Jason W. Stevens

Laws 2026, 15(1), 13; https://doi.org/10.3390/laws15010013 - 13 Feb 2026

Cited by 1 | Viewed by 2991

In this essay, I explore the historical challenge that Abraham Lincoln posed to Stephen Douglas at the fifth debate in Galesburg. During an argument regarding the morality of slavery and the meaning and significance of the American regime, Douglas contended that the nation [...] Read more.

In this essay, I explore the historical challenge that Abraham Lincoln posed to Stephen Douglas at the fifth debate in Galesburg. During an argument regarding the morality of slavery and the meaning and significance of the American regime, Douglas contended that the nation was legally founded on white supremacy. Lincoln, however, affirmed that based on all available historical evidence, the Founders intended to include all humans when they said in the Declaration of Independence, based on their understanding of natural law, that “all men are created equal.” To demonstrate his confidence in this belief, Lincoln challenged Douglas to provide primary source evidence that anyone, prior to the 1850s, ever said that the black race was not included in the Declaration. Studying Lincoln’s natural law challenge and the responses it received offers a new perspective on the importance of the original meaning of the Declaration’s equality principle, grounded in the law of nature, as well as how Lincoln thought about that principle—particularly in contrast to rivals like Douglas and Roger Taney. Full article

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

13 pages, 274 KB

Open AccessArticle

Copyright and Intangible Cultural Heritages in China: Conflict, Compatibility, and Coexistence

by Qinqing Xu

Laws 2026, 15(1), 12; https://doi.org/10.3390/laws15010012 - 13 Feb 2026

Viewed by 1853

Abstract

The Chinese Intangible Cultural Heritages (ICH) Law was passed in 2011, followed by the Regulation on Copyright Protection of Folk Literature and Art Works (Draft calling for comments) released in 2014, which finally called for opinions from experts and practitioners again in 2024. [...] Read more.

The Chinese Intangible Cultural Heritages (ICH) Law was passed in 2011, followed by the Regulation on Copyright Protection of Folk Literature and Art Works (Draft calling for comments) released in 2014, which finally called for opinions from experts and practitioners again in 2024. This article examines the challenges in directly applying copyright law to protect ICHs in Mainland China, emphasising the fundamental differences in the rationales of ICHs and copyright, despite partial overlap in their subject matters. Although copyright is not suitable for directly safeguarding ICHs, it can play a constructive role in protecting derivative works and creative expressions embodying ICHs. When granting copyright to the creations, certain limitations should be imposed on the exercise of these rights, particularly respecting the local communities and avoiding distorting the original cultural expressions of the ICHs. Such a design could benefit the preservation of Chinese ICHs and also promote the exchange of culture. It also provides a reference to other nations to avoid directly transplanting copyright law onto ICH protection without adaptation. In light of recent international developments, the findings contribute to comparative and cross-border debates on international collaborations, fair remuneration and benefit-sharing, supporting more equitable and sustainable global preservation of ICHs. Full article

39 pages, 402 KB

Open AccessArticle

Deepfake Sextortion in England, Wales and Northern Ireland: A Doctrinal and Regulatory Analysis

by Mohamed Chawki, Subhajit Basu and Kyung-Shick Choi

Laws 2026, 15(1), 11; https://doi.org/10.3390/laws15010011 - 10 Feb 2026

Cited by 2 | Viewed by 10885

Abstract

Existing law provides no settled account of how deepfake sextortion should be characterised and regulated in England, Wales and Northern Ireland, creating uncertainty for charging, adjudication and platform compliance at the point when the Online Safety Act 2023 allocates duties to regulated services [...] Read more.

Existing law provides no settled account of how deepfake sextortion should be characterised and regulated in England, Wales and Northern Ireland, creating uncertainty for charging, adjudication and platform compliance at the point when the Online Safety Act 2023 allocates duties to regulated services under Ofcom oversight. This article responds by analysing and synthesising the Online Safety Act 2023 with the Sexual Offences Act 2003 and residual harassment and communications offences, using doctrinal analysis and normative evaluation to identify points of alignment and misfit. It establishes criteria for identifying synthetic sexual coercion, including the elements that mark threat-stage conduct, the role of fabrication in the wrong, and the conditions under which epistemic harms should be treated as legally relevant within ordinary doctrine. It rejects three propositions: that intimate-image abuse is primarily a publication-based wrong; that an authentic image is a precondition for liability; and that content-led platform duties adequately address coercion before dissemination. This analysis specifies how courts and prosecutors should classify conduct and select offences, how services should operationalise risk assessment and mitigation for threat-stage harms, and which targeted reforms to offence design, platform duties and victim-facing procedures are required to secure predictable protection and effective redress. Full article

(This article belongs to the Section Criminal Justice Issues)

28 pages, 658 KB

Open AccessArticle

Intergenerational Equity in International Climate Law as a Legal Criterion for the Interpretation of State Climate Obligations According to the ICJ

by Eliana Díaz-Cruces, Camilo Zamora-Ledezma and Simone Belli

Laws 2026, 15(1), 10; https://doi.org/10.3390/laws15010010 - 9 Feb 2026

Cited by 3 | Viewed by 3814

Abstract

This article examines in detail Advisory Opinion No. 32, issued by the International Court of Justice (ICJ) in July 2025. The analysis examines how the decision of the International Court of Justice establishes the principle of intergenerational equity as an interpretative criterion for [...] Read more.

This article examines in detail Advisory Opinion No. 32, issued by the International Court of Justice (ICJ) in July 2025. The analysis examines how the decision of the International Court of Justice establishes the principle of intergenerational equity as an interpretative criterion for climate obligations, consolidating specific duties of prevention, due diligence, cooperation, mitigation, and adaptation to the consequences of climate change that directly affect present and future generations. This Opinion also designates the 1.5 °C threshold as a central legal benchmark for assessing States’ due diligence in climate mitigation and adaptation and extends state obligations to the regulation of private actors, characterizing climate protection as an erga omnes duty based on human rights and customary international law. Through a doctrinal and institutional legal method, supported by systematic documentary analysis of treaties, case law and soft-law instruments, this study situates the ICJ’s reasoning within the broader evolution of intergenerational equity and explores its implications for state responsibility and climate litigation. It also analyzes the potential of the Advisory Opinion to foster new institutional mechanisms, such as ombudsmen, fiduciary management mechanisms, and intergenerational impact assessments, to represent future generations in climate governance. The main conclusion is that the Advisory Opinion inaugurates a new stage in global climate governance, in which intergenerational equity ceases to be a purely aspirational vision and instead operates as a binding interpretative standard guiding the interpretation and review of existing climate obligations, rather than serving as an autonomous source of new duties. However, its transformative effect will depend primarily on the political will and institutional capacity of states to implement effective mechanisms. Full article

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38 pages, 941 KB

Open AccessArticle

The APUNCAC Strategy to Counter DPRK Sanctions Evasion

by Stuart S. Yeh

Laws 2026, 15(1), 9; https://doi.org/10.3390/laws15010009 - 26 Jan 2026

Viewed by 2551

Abstract

Transnational organized criminal groups operate in ways that are resistant to prosecution. In response, a proposed change in domestic law would aim to ensnare front men who serve to hide the identities of criminals, enabling prosecutors to flip them via cooperation agreements, thereby [...] Read more.

Transnational organized criminal groups operate in ways that are resistant to prosecution. In response, a proposed change in domestic law would aim to ensnare front men who serve to hide the identities of criminals, enabling prosecutors to flip them via cooperation agreements, thereby unraveling transnational criminal schemes. The proposal would require the ultimate beneficial sender, and ultimate beneficial recipient, to certify beneficial ownership (as sender and recipient) when funds are transacted in amounts exceeding USD 3000; and would require foreign financial institution personnel, who handle transactions with a nexus to a party to the Rule, to collect and submit, to a central law enforcement database, certifications by the ultimate beneficial sender and recipient of covered funds that are deposited, transmitted, transferred, or paid. Analysis of the proposed change in law indicates that it may be effective in addressing the impunity that prevails when organized criminal groups operate in China and North Korea in ways that appear to be outside the reach of domestic U.S. law enforcement authorities. Full article

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20 pages, 1155 KB

Open AccessArticle

An Insolvency Toolkit for SMEs in Emerging Economies—A Spotlight on Uganda

by Hamiisi Nsubuga

Laws 2026, 15(1), 8; https://doi.org/10.3390/laws15010008 - 22 Jan 2026

Cited by 1 | Viewed by 2198

Abstract

This article examines the subject of SME failures due to financial distress in emerging economies by focusing on Uganda as a case study. It adopts a convergent doctrinal and empirical approach, drawing on existing black letter law and literature alongside some of the [...] Read more.

This article examines the subject of SME failures due to financial distress in emerging economies by focusing on Uganda as a case study. It adopts a convergent doctrinal and empirical approach, drawing on existing black letter law and literature alongside some of the empirical data obtained from a survey of SME business owners impacted by financial distress, a survey of accredited insolvency practitioners and exchanges from a stakeholder workshop on SME insolvencies in Uganda. The article examines existing legal, regulatory and procedural frameworks on corporate rescue and the identified gaps exacerbating SME failures in unpacking why, despite the availability of these frameworks, business rescue as the policy objective of Uganda’s insolvency law has yet to be fully achieved. The article devises a recommended toolkit that if adopted, may guide the approaches needed to improve SME rescue, and meet legal and statutory objectives of Uganda’s insolvency frameworks to enhance economic stability. Full article

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

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11 pages, 201 KB

Open AccessArticle

Towards a Renewed Civic Pragmatism: Integrating Policy, Law, and Statistical Literacy in Civics Education

by Phillip Marcial Pinell

Laws 2026, 15(1), 7; https://doi.org/10.3390/laws15010007 - 21 Jan 2026

Cited by 1 | Viewed by 1504

Abstract

Since 2017, more than a dozen civics institutes have been founded at America’s public universities, marking a renaissance in civic education. Grounded in the liberal arts, these institutes rightly restore the pursuit of knowledge for its own sake and reconnect citizens to the [...] Read more.

Since 2017, more than a dozen civics institutes have been founded at America’s public universities, marking a renaissance in civic education. Grounded in the liberal arts, these institutes rightly restore the pursuit of knowledge for its own sake and reconnect citizens to the nation’s past. Yet liberal education requires assistance to help students navigate today’s data-driven republic, where questions of law and justice increasingly turn on the interpretation of evidence. This article proposes a balanced model for civics education—a “renewed civic pragmatism”—that unites the historical connectedness of liberal learning with the technical skills required for public life and the rule of law. In doing so, civics education recovers its role as a bridge between moral principle, empirical judgment, and the pursuit of justice under law. Full article

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

18 pages, 2312 KB

Open AccessSystematic Review

Constitutional Rights in Educational Administration: A Bibliometric Analysis of Global Scholarship

by Sabah M. A. Al Momani

Laws 2026, 15(1), 6; https://doi.org/10.3390/laws15010006 - 21 Jan 2026

Viewed by 1289

Abstract

This study represents a bibliometric analysis of the global scholarship on institutional rights in education, based on 192 reviewed publications from the Web of Science database, which includes the 2000–2025 period. Research has developed in three different phases: the initial phase (2000–2006) focused [...] Read more.

This study represents a bibliometric analysis of the global scholarship on institutional rights in education, based on 192 reviewed publications from the Web of Science database, which includes the 2000–2025 period. Research has developed in three different phases: the initial phase (2000–2006) focused on basic topics such as legal regulation, provision of public services, and administrative discretion; the developmental phase (2007–2013) addressed increasing emphasis on representative bureaucracy, availability, and judicial intervention; and the rapid development phase (2014–2025) emphasized digital transformation, transparency, and international cooperation. The keyword analysis reveals a thematic shift from traditional topics such as the “legal system” and “public service” to current issues such as “digital administration,” “social justice,” and “representative bureaucracy.” Research production remains geographically concentrated in North America and Europe, and contributions from Asia, Latin America, and Africa appear. The main institutions include Harvard University, Oxford University, and Leiden University, while influential authors such as Cooper K.W., Schiff D., and Busuioc E.M. have shaped theoretical and empirical advances. Network visualization and historical clustering illustrate the developing thematic structure and interconnection in the field. This analysis provides valuable knowledge for politicians, educators, and researchers who, in the dynamic global context, navigate the penetration of constitutional principles and education management. Full article

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43 pages, 614 KB

Open AccessArticle

The Collingridge Dilemma and Its Implications for Regulating Financial and Economic Crime (FEC) in the United Kingdom: Navigating the Tension Between Innovation and Control

by Adam Abukari

Laws 2026, 15(1), 5; https://doi.org/10.3390/laws15010005 - 15 Jan 2026

Cited by 1 | Viewed by 4061

Abstract

The capacity of the United Kingdom (UK) to prosecute technology-enabled financial and economic crime (FEC) is increasingly shaped by the Collingridge dilemma. Even though the dilemma was broadly conceptualized in technology governance, its application to prosecutorial and enforcement practice, evidentiary standards, and criminal [...] Read more.

The capacity of the United Kingdom (UK) to prosecute technology-enabled financial and economic crime (FEC) is increasingly shaped by the Collingridge dilemma. Even though the dilemma was broadly conceptualized in technology governance, its application to prosecutorial and enforcement practice, evidentiary standards, and criminal liability attribution represents uncharted scholarly territory. Through socio-legal mixed methods combining doctrinal analysis, case studies, and comparative analysis, the paper shows how the dilemma’s two horns or pillars (i.e., early epistemic uncertainty and late institutional inertia) manifest in criminal law and regulatory contexts. The paper finds that just like the European Union and United States, the UK criminal enforcement ecosystem exhibits both horns across cryptocurrency, algorithmic trading, artificial intelligence (AI), and fintech domains. By integrating supplementary theories such as responsive regulation, precautionary principles and technological momentum, the study advances a socio-legal framework that explains enforcement inertia and doctrinal gaps in liability attribution for emerging technologies. The paper demonstrates how epistemic uncertainty and institutional entrenchment shape enforcement outcomes and proposes adaptive strategies for anticipatory governance including technology-literate capacity building, anticipatory legal reform, and data-driven public-private coordination. These recommendations balance ex-ante legal clarity (reducing uncertainty) with ex-post enforcement agility (overcoming entrenchment) to provide a normative framework for navigating the Collingridge dilemma in FEC prosecution. Full article

30 pages, 373 KB

Open AccessArticle

Electoral Justice in Jordan: Judicial Oversight of Appeals Between Legitimacy and Participation

by Abeer Hassan Al-Qaisi, Rehan Naji Abu Elzeet, Mutasem Khaled Heif, Shadi Meeush D’yab Altarawneh, Loiy Yousef Aldaoud and Mostafa Hussam Altarawneh

Laws 2026, 15(1), 4; https://doi.org/10.3390/laws15010004 - 29 Dec 2025

Cited by 3 | Viewed by 2048

Abstract

This study evaluates the effectiveness of Jordan’s judiciary in overseeing electoral appeals within the framework of a constitutional monarchy. Adopting a mixed-methods approach, it combines doctrinal legal analysis of key constitutional provisions and Election Law No. 4 of 2022 with a comparative examination [...] Read more.

This study evaluates the effectiveness of Jordan’s judiciary in overseeing electoral appeals within the framework of a constitutional monarchy. Adopting a mixed-methods approach, it combines doctrinal legal analysis of key constitutional provisions and Election Law No. 4 of 2022 with a comparative examination of electoral adjudication in Tunisia, Egypt, and Lebanon. The study is further strengthened by a structured content analysis of 120 appellate rulings issued between 2015 and 2023 and by qualitative insights drawn from anonymized interviews with judicial personnel engaged in electoral dispute resolution. Although Jordan’s legal framework formally empowers the judiciary to adjudicate electoral disputes, five structural limitations persist: narrow standing rules, rigid evidentiary thresholds, judicial reluctance to exercise investigatory powers, opaque reasoning in judgments, and the absence of specialized electoral courts. These constraints reflect systemic tensions between formal judicial independence and the realities of constrained discretion in hybrid regimes. An empirical analysis of 127 Jordanian electoral appeal cases from 2013 to 2020 reveals that a mere 7% of disputed electoral outcomes were overturned, whereas 73% of allegations were disregarded due to insufficient evidence. Furthermore, it is noteworthy that only 31% of rulings were publicly accessible, in stark contrast to the 89% accessibility rate observed in Tunisia. By identifying and addressing these systemic limitations, the study contributes to ongoing discourse on institutional reform and democratic resilience. In doing so, it underscores the importance of robust electoral justice mechanisms for sustaining public trust, rule of law, and inclusive governance—principles central to political and institutional sustainability as reflected in Sustainable Development Goal 16. Full article

35 pages, 440 KB

Open AccessArticle

Transposition and Implementation of European Union Renewable Energy Legislation in France, Italy, and Germany: A Regulatory Perspective and a Comprehensive Analysis of Opportunities and Challenges

by Ana Maria Fagetan

Laws 2026, 15(1), 3; https://doi.org/10.3390/laws15010003 - 29 Dec 2025

Cited by 2 | Viewed by 4886

Abstract

This article provides a detailed comparative analysis of the transposition and implementation of the Renewable Energy Directives II and III (RED II and RED III), REPowerEU Plan, and the ‘Fit for 55’ package in France, Italy, and Germany. The analysis highlights the objectives, [...] Read more.

This article provides a detailed comparative analysis of the transposition and implementation of the Renewable Energy Directives II and III (RED II and RED III), REPowerEU Plan, and the ‘Fit for 55’ package in France, Italy, and Germany. The analysis highlights the objectives, key legislative provisions, and national-scale achievements, challenges, advantages, and disadvantages—including implications for investment conditions and renewable energy financing mechanisms—associated with these pivotal European Union legislative frameworks, which, to a certain extent, induced a paradigm shift with varying degrees of impact in every Member State. The work is divided into four parts that follow this brief introductory outline of the problem. The introduction presents legal developments in renewable energy law in the European Union. The second part offers a comprehensive and in-depth examination of the European Union’s renewable energy regulatory framework and research gaps that hinder doctrinal tensions within the EU’s renewable energy legislative framework. In the third part, we analyze the transposition and implementation of each mentioned directive in the selected countries. The last part highlights commonalities, divergences, challenges, best practices, and lessons learned from each nation’s approach. This comparative analysis predicts that implementation success is inversely linked to administrative divergence, with France’s centralized legal system facilitating effective bureaucratic streamlining and higher predicted deployment, while the fragmented governance structures of Germany and Italy serve as structural impediments that critically undermine the EU’s acceleration mandate. Full article

17 pages, 575 KB

Open AccessArticle

Custodian of Autonomous AI Systems in the UAE: An Adapted Legal Framework

by Mohamed Morsi Abdou

Laws 2026, 15(1), 2; https://doi.org/10.3390/laws15010002 - 25 Dec 2025

Cited by 3 | Viewed by 2964

Abstract

The existence of a legal framework for Artificial Intelligence systems is of great importance for the growth and development of this advanced technology, especially given the growing sense of legal insecurity that may arise from potential irreparable harm. Therefore, the issue of legal [...] Read more.

The existence of a legal framework for Artificial Intelligence systems is of great importance for the growth and development of this advanced technology, especially given the growing sense of legal insecurity that may arise from potential irreparable harm. Therefore, the issue of legal liability for AI systems is one of the most critical legal topics that should receive the attention of legal literature. This paper critically examines the tempting analogy between the liability of custodians and the liability of operators of AI systems under UAE law. This paper seeks to address this legal gap, by offering suggestions and sharing examples of the legal requirements necessary to establish appropriate liability rules for AI. This legal gap can be filled by improving the provisions of custodian liability in UAE law. Our analysis focuses on three main concerns: (i) proposing an expansion of the concept of thingness; (ii) discussing the challenges of applying legal custodianship; and (iii) concluding that autonomous AI systems are inherently dangerous. In this context, it is particularly important to analyse the specific aspects that should be taken into consideration when operating advanced AI systems, which include mandatory registration and insurance. The article concludes that applying the custodian liability provisions to the operators of AI systems ensures the protection of third parties from potential damage on one hand. On the other hand, the specific regulations governing the operation of these AI systems encourage investment in this vital field. Full article

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16 pages, 1721 KB

Open AccessArticle

UK Consumer Protection and the Debate for Reform in Medical Device Liability

by Nicholas T. H. Farr, Elliot J. Owen and Rohan M. Bhalekar

Laws 2026, 15(1), 1; https://doi.org/10.3390/laws15010001 - 20 Dec 2025

Viewed by 2565

Abstract

The long-stop rule, under the UK Consumer Protection Act (CPA) 1987, imposes a 10-year limitation period for product liability claims, providing legal certainty for manufacturers and consumers. However, this timeframe is increasingly problematic in the case of medical devices, particularly implantable ones, which [...] Read more.

The long-stop rule, under the UK Consumer Protection Act (CPA) 1987, imposes a 10-year limitation period for product liability claims, providing legal certainty for manufacturers and consumers. However, this timeframe is increasingly problematic in the case of medical devices, particularly implantable ones, which can fail decades after implantation. This review considers an extension to the long-stop period for medical devices, emphasising the need for patient protection, legal clarity, and reduced clinician burden, and contrasts the current UK system with the EU’s proposed 25-year long-stop period under the recently implemented 2024 Product Liability Directive. Through case studies, including surgical mesh and orthopaedic implants, the discussion highlights the challenges posed by delayed failure modes and the resulting difficulties in seeking redress within the 10-year window. Lastly, the role of publicly funded redress schemes and the evolving legal landscape are examined, underscoring the importance of reconsidering the current statutory limitations. Extending the long-stop period, combined with the use of explant analysis to evaluate defective medical devices, is proposed as a means to enhance patient safety and align with ongoing advancements in medical technology and regulation. Full article

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Laws, Volume 15, Issue 1 (February 2026) – 13 articles

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