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Global Compacts and the EU Pact on Asylum and Migration: A Clash Between the Talk and the Walk
The Evolution of Mental Health Legislation in South Africa: Towards a Rights-Based Approach
Antibiotic Resistance, Polycentricity, and the Regulation of Antibiotic Prescribing in the Primary Care Setting

Journal Description

Laws

Laws is an international, peer-reviewed, open access journal on legal systems, theory, and institutions, published bimonthly online by MDPI.

Open Access— free for readers, with article processing charges (APC) paid by authors or their institutions.
High Visibility: indexed within Scopus, ESCI (Web of Science), RePEc, vLex Justis, CanLII, Law Journal Library, and other databases.
Journal Rank: JCR - Q1 (Law) / CiteScore - Q1 (Law)
Rapid Publication: manuscripts are peer-reviewed and a first decision is provided to authors approximately 42.9 days after submission; acceptance to publication is undertaken in 4.9 days (median values for papers published in this journal in the second half of 2024).
Recognition of Reviewers: reviewers who provide timely, thorough peer-review reports receive vouchers entitling them to a discount on the APC of their next publication in any MDPI journal, in appreciation of the work done.

Impact Factor: 1.3 (2023)

Imprint Information Journal Flyer Open Access ISSN: 2075-471X

Latest Articles

15 pages, 274 KiB

Open AccessArticle

Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation

by Gergely Ferenc Lendvai and Gergely Gosztonyi

Laws 2025, 14(3), 41; https://doi.org/10.3390/laws14030041 - 12 Jun 2025

This article examines algorithmic bias as a pressing legal challenge, situating the issue within the broader context of artificial intelligence (AI) governance. We employed comparative legal analysis and reviewed pertinent regulatory documents to examine how the fragmented U.S. approaches and the EU’s user-centric [...] Read more.

This article examines algorithmic bias as a pressing legal challenge, situating the issue within the broader context of artificial intelligence (AI) governance. We employed comparative legal analysis and reviewed pertinent regulatory documents to examine how the fragmented U.S. approaches and the EU’s user-centric legal frameworks, such as the GDPR, DSA, and AI Act, address the systemic risks posed by biased algorithms. The findings underscore persistent enforcement gaps, particularly concerning opaque black-box algorithmic design, which hampers bias detection and remediation. The paper highlights how current regulatory efforts disproportionately affect marginalized communities and fail to provide effective protection across jurisdictions. It also identifies structural imbalances in legal instruments, particularly in relation to risk classification, transparency, and fairness standards. Notably, emerging regulations often lack the technical and ethical capacity for implementation. We argue that global cooperation is not only necessary but inevitable, as regional solutions alone are insufficient to govern transnational AI systems. Without harmonized international standards, algorithmic bias will continue to reproduce existing inequalities under the guise of objectivity. The article advocates for inclusive, cross-sectoral collaboration among governments, developers, and civil society to ensure the responsible development of AI and uphold fundamental rights. Full article

23 pages, 495 KiB

Open AccessArticle

A Problem-Solving Court for Crimes Against Older Adults

by George B. Pesta, Julie N. Brancale and Thomas G. Blomberg

Laws 2025, 14(3), 40; https://doi.org/10.3390/laws14030040 - 11 Jun 2025

The growth of the older adult population, their wealth accumulation, and vulnerabilities from aging have contributed to increasing rates of abuse, fraud, and financial exploitation. However, the current responses and services are fragmented and ineffectual. This paper develops a novel strategy for addressing [...] Read more.

The growth of the older adult population, their wealth accumulation, and vulnerabilities from aging have contributed to increasing rates of abuse, fraud, and financial exploitation. However, the current responses and services are fragmented and ineffectual. This paper develops a novel strategy for addressing the variation in response and victim service provision through the development of a problem-solving court that is informed by the principles of restorative justice. Given the unique challenges, cases, and population, a problem-solving court for crimes against older adults will provide tailored interventions, responses, and sanctions while ensuring that older adult victims and their communities are at the center of the criminal justice process and that their needs are prioritized. Research on problem-solving courts; restorative justice; and older adult abuse, fraud, and financial exploitation are integrated with data from a case study of older adult financial exploitation in a large retirement community to develop the model problem-solving court. Consistent with best practices in victim services, the model court will provide comprehensive services in a one-stop location, while simultaneously increasing accountability for offenders who prey on this vulnerable population. The paper concludes with a plan to guide the implementation and evaluation of the proposed model problem-solving court for older adult abuse, fraud, and exploitation. Full article

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19 pages, 549 KiB

Open AccessViewpoint

On Gastronomic Jurisprudence and Judicial Wellness as a Matter of Competence

by Alan C. Logan, Colleen M. Berryessa, Pragya Mishra and Susan L. Prescott

Laws 2025, 14(3), 39; https://doi.org/10.3390/laws14030039 - 9 Jun 2025

For over a century, critics have postulated that a judge’s state of hunger or post-prandial mental state is a determinant of judicial outcomes. This idea, known in contemporary discourse as the ‘judicial breakfast,’ is used as a surrogate of the larger ways in [...] Read more.

For over a century, critics have postulated that a judge’s state of hunger or post-prandial mental state is a determinant of judicial outcomes. This idea, known in contemporary discourse as the ‘judicial breakfast,’ is used as a surrogate of the larger ways in which biases, even if the individual is not aware of them, influence judicial outcomes. In 2011, the publication of a landmark study paired parole decisions with judicial meal breaks, inviting a literal interpretation of the judicial breakfast. Since that publication, the literature on nutritional neuropsychology has grown rapidly. The findings of these studies are highly relevant to judges experiencing high stress levels, including workload demands and activities within the adversarial system. This stress represents significant harm to an individual judge’s wellbeing, and based on updated findings within neuropsychology, has potential relevance to judicial outcomes. Emergent research indicates that dietary choices and blood/brain glucose have the potential to act as important mediators of decision-making under conditions of stress and fatigue. With proper evidence-based attention, we can better understand the extent to which diet and lifestyle can positively influence judicial wellness and, by extension, support or refute the longstanding assumptions surrounding the “hungry judge effect” and gastronomic jurisprudence. Full article

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26 pages, 380 KiB

Open AccessArticle

Evaluating the Wallet-Based DCEP: Regulatory Innovations and Implementation Strategies in China’s Retail CBDC

by Zhenyong Li and Jianxing Li

Laws 2025, 14(3), 38; https://doi.org/10.3390/laws14030038 - 31 May 2025

In pursuit of a higher-quality post-pandemic economic recovery, Chinese authorities have accelerated the development of the e-CNY. This study posits that the e-CNY distinguishes itself from other payment instruments through its controlled anonymity, programmability, and non-interest-bearing attributes. By analyzing patents filed by the [...] Read more.

In pursuit of a higher-quality post-pandemic economic recovery, Chinese authorities have accelerated the development of the e-CNY. This study posits that the e-CNY distinguishes itself from other payment instruments through its controlled anonymity, programmability, and non-interest-bearing attributes. By analyzing patents filed by the Digital Currency Research Institute of the People’s Bank of China between 2016 and 2023, the paper elucidates potential implementation strategies for these distinctive features. The findings suggest that the e-CNY may facilitate a zero-interest accrual model within the prevailing legal framework. Restricted authority access and the anonymity ensured by encrypted data further allow users to maintain a high degree of confidentiality. Additionally, conditional automatic transfers—a prominent function in the e-CNY’s smart contracts—mirror traditional automatic transfers for directed fund utilization without impeding the circulation of fiat currency. The People’s Bank of China has sought to thoughtfully integrate these functionalities into its Central Bank Digital Currency framework, aiming to minimize potential conflicts with existing legal standards. Instead of relying solely on extensive legislative revisions, China’s experience illustrates how deliberate and incremental CBDC design choices can reconcile regulatory compliance with innovative technological advancements. Full article

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32 pages, 679 KiB

Open AccessArticle

The Prison-Identity Complex: Unravelling Labour and Law in Identity-Based Prison Worklines

by Lihi Yona and Faina Milman-Sivan

Laws 2025, 14(3), 37; https://doi.org/10.3390/laws14030037 - 30 May 2025

This article explores identity-based prison worklines, described as the organisation of prison labour around prisoners’ identities such as race, sex, disability, and age. These worklines often impact prisoners’ pay, working conditions, and post-release opportunities. By examining this phenomenon primarily in the United Kingdom, [...] Read more.

This article explores identity-based prison worklines, described as the organisation of prison labour around prisoners’ identities such as race, sex, disability, and age. These worklines often impact prisoners’ pay, working conditions, and post-release opportunities. By examining this phenomenon primarily in the United Kingdom, as well as across Europe and the US, the article discusses the co-constitutive relationship between prison labour and the identity of prisoner-labourers. To analyse this relationship, the article develops a theoretical model of Incarcerated Working Identities (IWI), drawing insights from six distinct theoretical fields: prison studies, labour studies, identity studies, and their intersecting sub-fields. Placing identity-based prison worklines within the IWI theoretical framework exposes two tiers of harm: (1) discrimination and (2) identity re/construction. Together, these harms illustrate how identity-based prison worklines infringe on prisoners’ right to equality while also constraining their identity in ways that clash with their rights to liberty, autonomy, and dignity. These harms, this article concludes, violate human rights law. Incarcerated individuals could therefore utilise the IWI framework to challenge their current work assignments and conditions. Full article

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30 pages, 291 KiB

Open AccessArticle

Rethinking Trademark Dilution in Jordan: Addressing Ambiguities and Aligning with Global Standards

by Shatha Majid Shannag and Subhajit Basu

Laws 2025, 14(3), 36; https://doi.org/10.3390/laws14030036 - 25 May 2025

This paper critically analyses the application of the trademark dilution doctrine under Jordanian trademark law, exposing fundamental deficiencies arising from statutory ambiguity and inconsistent judicial interpretation. The indeterminate definition of a “well-known” trademark in the second section has led to an indiscriminate classification [...] Read more.

This paper critically analyses the application of the trademark dilution doctrine under Jordanian trademark law, exposing fundamental deficiencies arising from statutory ambiguity and inconsistent judicial interpretation. The indeterminate definition of a “well-known” trademark in the second section has led to an indiscriminate classification of foreign marks as inherently well-known, resulting in courts extending automatic dilution protection without a rigorous evidentiary assessment. This practice fosters an implicit presumption favouring foreign trademark holders, potentially disadvantaging domestic marks that may not receive commensurate protection, thereby undermining the principle of equitable trademark enforcement. This paper argues for a systematic recalibration of Jordan’s dilution framework. A comparative analysis of the well-established dilution doctrines in the United States and European Union identifies jurisprudential best practices that could enhance the doctrinal coherence and judicial application of dilution protection in Jordan. Furthermore, drawing on the WIPO Joint Recommendation as a normative foundation, the paper proposes legal reforms to rectify inconsistencies, ensuring a more balanced and principled approach to trademark dilution. We argue that aligning Jordan’s legal framework with international standards strengthens the discourse on harmonising intellectual property law and ensuring equitable trademark protection in emerging markets. Full article

15 pages, 229 KiB

Open AccessArticle

The Banality of Crimmigration—Can Immigration Law Recover Itself?

by Catherine Dauvergne

Laws 2025, 14(3), 35; https://doi.org/10.3390/laws14030035 - 15 May 2025

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in [...] Read more.

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in matters of immigration, crimmigration now forms the basis of a new form of bipartisan consensus. By looking back on the Justin Trudeau Liberal government, we see that most of the Harper-era crimmigration measures were left in place, and the advance of crimmigration continued unabated. If we are to make any progress in recovering space for values other than crimmigration in our immigration law and politics, we need to both think more creatively about the future and recover our sense of outrage. Full article

23 pages, 4972 KiB

Open AccessArticle

Tax Control Between Legality and Motivation: A Case Study on Romanian Legislation

by Ioana Maria Costea, Despina-Martha Ilucă and Maria-Eliza Galan

Laws 2025, 14(3), 34; https://doi.org/10.3390/laws14030034 - 13 May 2025

Our study aims to evaluate the current Romanian context for tax control by correlating the legal framework with the administrative model, as derived through empirical analysis. Our hypotheses, confirmed by the observed macro-dynamics of tax control in a period of four years, are [...] Read more.

Our study aims to evaluate the current Romanian context for tax control by correlating the legal framework with the administrative model, as derived through empirical analysis. Our hypotheses, confirmed by the observed macro-dynamics of tax control in a period of four years, are as follows: (1) the current legal framework for tax control is heterogeneous, incomplete, and influenced by administrative practices; (2) debt collection is an inconsistent outcome of various forms of tax control, contributing marginally to budget dynamics; and (3) the identification of tax-related illegal activities heavily depends on tax control, while the application of administrative and criminal sanctions varies significantly. The study highlights the need to (re)design the normative framework to enhance coherence and effectiveness; hence, we advanced a model of normative reform based on the three abovementioned conclusion. Full article

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22 pages, 280 KiB

Open AccessArticle

Intersections of the Right to Education and Human Dignity in International Human Rights Law: A Purpose-Based Analysis

by Obinna Christian Edeji

Laws 2025, 14(3), 33; https://doi.org/10.3390/laws14030033 - 10 May 2025

The atrocities of World War II were pivotal to the launch of the human rights project, which became anchored on the recognition of the inherent dignity of all humans and formed a cornerstone justifying the ascription of rights. Indeed, it became essential to [...] Read more.

The atrocities of World War II were pivotal to the launch of the human rights project, which became anchored on the recognition of the inherent dignity of all humans and formed a cornerstone justifying the ascription of rights. Indeed, it became essential to recognise education as a human right given the emergent need to promote the use of reason, having recognised humans as people imbued with inherent dignity. This paper explores the right to education in international human rights law (IHRL) from the perspective of its purpose, and uses IHRL as its starting point. It argues that the ascription of inherent dignity to everyone justifies access to education and investigates the nexus between dignity and education, arguing that access to education is a sine qua non to expanding the inherent dignity of all humans. Thus, it argues that the recognition of dignity requires that all children must be provided with equal access to education to stimulate the use of reason. Full article

16 pages, 3551 KiB

Open AccessArticle

Using Computational Methods to Explore Law in Sermons

by Markus M. Totzeck and Valentin Fuchs

Laws 2025, 14(3), 32; https://doi.org/10.3390/laws14030032 - 4 May 2025

An empirical study on the use of law in Christian sermons has so far been a blank space in research, especially when large corpora of sermons are examined. In this article, we present the first findings of the ongoing RUNIP project, in which [...] Read more.

An empirical study on the use of law in Christian sermons has so far been a blank space in research, especially when large corpora of sermons are examined. In this article, we present the first findings of the ongoing RUNIP project, in which computer-assisted methods are used and validated in sermon analysis. The process integrates manual coding via MaxQDA with machine learning techniques, notably contextual embeddings derived from Transformer architectures such as SBERT, enabling us to detect patterns across large corpora. We argue that embeddings in text analysis can help to complement a manual, human-based text analysis. Clustering based on sentence embeddings helps identify semantically related sermon passages, although the complexity and length of the original texts, as well as the nuanced theological language, pose challenges to computer-aided analysis. By bridging historical and contemporary sermon analysis with data science methodologies, we demonstrate how an interdisciplinary approach can expand our understanding of how preachers address law, norms, and moral questions in Christian sermons. This is demonstrated by qualitative results from the analysis of the large historical sermon corpus of Friedrich D. E. Schleiermacher. Full article

(This article belongs to the Special Issue AI and Its Influence: Legal and Religious Perspectives)

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21 pages, 268 KiB

Open AccessArticle

From a Medical to a Social Model: The Evolution of Disability Rights in the Peruvian Constitutional Court’s Jurisprudence (2004–2024)

by Alfonso Renato Vargas-Murillo, Enlil Iván Herrera-Pérez, Rafael Fortunato Supo Hallasi, Carlos Alberto Cueva Quispe and Ilda Nadia Monica de la Asuncion Pari-Bedoya

Laws 2025, 14(3), 31; https://doi.org/10.3390/laws14030031 - 2 May 2025

The evolution of disability rights jurisprudence in Peru’s Constitutional Court (2004–2024) demonstrates a paradigm shift from medical to social models of disability. This research analyzes key Constitutional Court decisions through documentary analysis, identifying three distinct periods: early medical model jurisprudence (2004–2009), transitional incorporation [...] Read more.

The evolution of disability rights jurisprudence in Peru’s Constitutional Court (2004–2024) demonstrates a paradigm shift from medical to social models of disability. This research analyzes key Constitutional Court decisions through documentary analysis, identifying three distinct periods: early medical model jurisprudence (2004–2009), transitional incorporation of international standards (2010–2015), and consolidation of the social model (2016–2024). Findings reveal how the Court’s reasoning evolved from focusing on individual impairments and rehabilitation to recognizing disability as arising from societal barriers. The Court progressively developed sophisticated legal standards for disability discrimination, reasonable accommodation, and recognition of communication rights. Despite significant jurisprudential advancement, implementation challenges persist across institutional contexts, evidencing gaps between progressive legal frameworks and practical application. This study contributes to understanding how constitutional courts can drive paradigmatic shifts in human rights protection while highlighting the limitations of judicial interpretation alone in achieving disability rights implementation. 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)

11 pages, 197 KiB

Open AccessArticle

Navigating Uncertain Terrain: Risk of Abuse or Misuse of Psychiatric Epistemic Power in the Face of Uncertainty Without Ethical Reflexivity and Regulation

by Abdullah Yıldız and Berna Arda

Laws 2025, 14(3), 30; https://doi.org/10.3390/laws14030030 - 28 Apr 2025

In this study, we examine the complex interplay between psychiatric epistemic power and its institutional applications through the phenomenon of “diagnosis removal” in Turkey. Within the constraints of limited mental health legislation, psychiatric diagnostic categories serve both as markers of risk and as [...] Read more.

In this study, we examine the complex interplay between psychiatric epistemic power and its institutional applications through the phenomenon of “diagnosis removal” in Turkey. Within the constraints of limited mental health legislation, psychiatric diagnostic categories serve both as markers of risk and as administrative constructs that can be erased when convenient, presenting paradoxical challenges for healthcare providers and patients alike. Through a systematic analysis of case studies and theoretical frameworks, we explore how bureaucratic authorities can misuse psychiatric diagnoses in employment contexts. The study reveals a significant paradox where psychiatric expertise is simultaneously invoked and challenged, potentially undermining both therapeutic relationships and legal rights. This situation arises from a regulatory vacuum in mental health legislation, further exacerbated by a harm-based approach to mental health issues rather than a rights-based one. Key findings demonstrate how the institutional handling of psychiatric diagnoses creates a treatment disincentive effect, where individuals avoid seeking mental health care due to employment concerns. The analysis also reveals how concept creep and harm-based morality contribute to the misappropriation of psychiatric knowledge in administrative contexts. These findings highlight the urgent need for comprehensive mental health legislation that balances individual rights with public health concerns while protecting the integrity of psychiatric practice from institutional misuse, particularly in employment contexts. Full article

(This article belongs to the Special Issue Regulating Mental Health: Crossing the Rubicon between Care and Control)

38 pages, 1247 KiB

Open AccessArticle

AI Moderation and Legal Frameworks in Child-Centric Social Media: A Case Study of Roblox

by Mohamed Chawki

Laws 2025, 14(3), 29; https://doi.org/10.3390/laws14030029 - 25 Apr 2025

This study focuses on Roblox as a case study to explore the legal and technical challenges of content moderation on child-focused social media platforms. As a leading Metaverse platform with millions of young users, Roblox provides immersive and interactive virtual experiences but also [...] Read more.

This study focuses on Roblox as a case study to explore the legal and technical challenges of content moderation on child-focused social media platforms. As a leading Metaverse platform with millions of young users, Roblox provides immersive and interactive virtual experiences but also introduces significant risks, including exposure to inappropriate content, cyberbullying, and predatory behavior. The research examines the shortcomings of current automated and human moderation systems, highlighting the difficulties of managing real-time user interactions and the sheer volume of user-generated content. It investigates cases of moderation failures on Roblox, exposing gaps in existing safeguards and raising concerns about user safety. The study also explores the balance between leveraging artificial intelligence (AI) for efficient content moderation and incorporating human oversight to ensure nuanced decision-making. Comparative analysis of moderation practices on platforms like TikTok and YouTube provides additional insights to inform improvements in Roblox’s approach. From a legal standpoint, the study critically assesses regulatory frameworks such as the GDPR, the EU Digital Services Act, and the UK’s Online Safety Act, analyzing their relevance to virtual platforms like Roblox. It emphasizes the pressing need for comprehensive international cooperation to address jurisdictional challenges and establish robust legal standards for the Metaverse. The study concludes with recommendations for improved moderation strategies, including hybrid AI-human models, stricter content verification processes, and tools to empower users. It also calls for legal reforms to redefine virtual harm and enhance regulatory mechanisms. This research aims to advance safe and respectful interactions in digital environments, stressing the shared responsibility of platforms, policymakers, and users in tackling these emerging challenges. Full article

(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)

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4 pages, 143 KiB

Open AccessEditorial

Emerging Technologies, Law and Policies

by Esther Salmerón-Manzano

Laws 2025, 14(2), 28; https://doi.org/10.3390/laws14020028 - 18 Apr 2025

Emerging technologies and the so-called information and communication technologies (ICT or IT) are transforming society, interpersonal relationships, and our way of understanding the world and, by extension, also law and the legal profession. Emerging technologies will have a significant impact on society in [...] Read more.

Emerging technologies and the so-called information and communication technologies (ICT or IT) are transforming society, interpersonal relationships, and our way of understanding the world and, by extension, also law and the legal profession. Emerging technologies will have a significant impact on society in the coming years and will pose new challenges and legal issues in the legal sector that will surely affect the development, evolution, and way of understanding the legal practice. The future of the legal industry will be comprise occupations that do not yet exist, or areas and subjects that are little or not yet known or even explored. The key for law firms will therefore be to specialize in these sectors. This Topic has become a window into the new challenges of law and policies in relation to emerging technologies. Full article

(This article belongs to the Topic Emerging Technologies, Law and Policies)

28 pages, 344 KiB

Open AccessArticle

Use of Drones in Disasters in the European Union: Privacy Issues and Lessons Learned from the COVID-19 Pandemic and Mass Surveillance Jurisprudence of the ECtHR and the CJEU

by Maria Maniadaki, Dimitrios D. Alexakis and Efpraxia-Aithra Maria

Laws 2025, 14(2), 27; https://doi.org/10.3390/laws14020027 - 16 Apr 2025

Severe earthquakes, extreme floods, tragic accidents, mega-fires, and even viruses belong to disasters that can destroy the economic, social, or cultural life of people. Due to the climate crisis, disasters will likely become more frequent and intense over the years. Unmanned aerial vehicles [...] Read more.

Severe earthquakes, extreme floods, tragic accidents, mega-fires, and even viruses belong to disasters that can destroy the economic, social, or cultural life of people. Due to the climate crisis, disasters will likely become more frequent and intense over the years. Unmanned aerial vehicles (UAVs/drones) have obtained an increasing role in disaster management, which was particularly evident during the COVID-19 pandemic. However, lack of social acceptability remains a limiting factor of drone usage. Drones as a means of state surveillance—possibly mass surveillance—are subject to certain limits since their advanced monitoring technology, including Artificial Intelligence, may affect human rights, such as the right to privacy. Due to the severity of the pandemic, which has been described as the “ideal state of emergency”, despite the rising use of drones, such privacy concerns have been underestimated so far. At the same time, the existing approach of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) regarding the COVID-19 health crisis and human rights during emergencies seems rather conservative and, thus, setting limits between conflicting rights in such exceptional circumstances remains vague. Under these conditions, the fear that the COVID-19 pandemic may have become a starting point for transitioning to a world normalizing the exception is evident. Such fear in terms of privacy implies a world with a narrowed scope of privacy; thus, setting questions and exploring the challenges about the future of drone regulation, especially in the European Union, are crucial. Full article

15 pages, 1316 KiB

Open AccessArticle

Between Urgency and Exception: Rethinking Legal Responses to the Ecological Crisis

by Houda Alhoussari

Laws 2025, 14(2), 26; https://doi.org/10.3390/laws14020026 - 16 Apr 2025

The acceleration of the climate crisis calls into question the effectiveness of traditional legal frameworks in addressing environmental emergencies. This article examines whether France should adopt an environmental state of exception, inspired by the legal mechanisms implemented during the COVID-19 pandemic. While such [...] Read more.

The acceleration of the climate crisis calls into question the effectiveness of traditional legal frameworks in addressing environmental emergencies. This article examines whether France should adopt an environmental state of exception, inspired by the legal mechanisms implemented during the COVID-19 pandemic. While such exceptional measures could enhance the State’s capacity to respond swiftly to climate threats, they also raise concerns about the concentration of executive power and potential infringements on fundamental rights. Through a comparative legal analysis, this study assesses the benefits and risks of an environmental state of exception, highlighting its potential to accelerate climate action while scrutinizing its democratic and legal implications. It also explores alternative frameworks and advocates for a regulated model of environmental emergency governance, ensuring that urgent climate interventions remain subject to the rule of law and democratic oversight. By drawing on French legal precedents, international climate commitments, and case studies, this research evaluates whether legal exceptionalism is a viable tool for addressing environmental crises or whether a more structured and accountable legal approach would better ensure long-term climate resilience. Full article

(This article belongs to the Section Environmental Law Issues)

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23 pages, 286 KiB

Open AccessArticle

Special Prosecutor’s Offices and Their Position in a State Governed by the Rule of Law: Is the Abolition of Office of Special Prosecution in Slovakia Unconstitutional?

by Libor Klimek and Bystrík Šramel

Laws 2025, 14(2), 25; https://doi.org/10.3390/laws14020025 - 13 Apr 2025

The specialization of public prosecution offices has been a growing international trend, particularly in addressing complex forms of crime such as corruption, economic crime, and organized crime. Many countries have established specialized prosecution bodies to enhance the efficiency and effectiveness of law enforcement [...] Read more.

The specialization of public prosecution offices has been a growing international trend, particularly in addressing complex forms of crime such as corruption, economic crime, and organized crime. Many countries have established specialized prosecution bodies to enhance the efficiency and effectiveness of law enforcement in these areas. However, Slovakia has recently taken a different approach by abolishing its Office of the Special Prosecution, a decision that contrasts sharply with prevailing global tendencies. This paper explores the reasons behind this shift, analyzing the political and legal arguments presented by both proponents and opponents of the abolition. The paper examines whether this move aligns with the rule of law and international legal obligations and considers its potential consequences for the effectiveness of criminal justice in Slovakia. While the paper is based on legal principles and comparative methods, it acknowledges the inherently political nature of decisions concerning the structure of prosecution services. Full article

(This article belongs to the Section Criminal Justice Issues)

22 pages, 235 KiB

Open AccessArticle

The UK’s Foreign Investment Security Review Mechanism: Characteristics, Origins, and Responses

by Shaotang Wang, Lingyi Yang and Guozhen Li

Laws 2025, 14(2), 24; https://doi.org/10.3390/laws14020024 - 8 Apr 2025

The UK’s National Security and Investment Act 2021, which came into effect in January 2022, marks the establishment of a foreign investment security review mechanism unique to the UK. This article examines the Act’s text and identifies several key features of the mechanism, [...] Read more.

The UK’s National Security and Investment Act 2021, which came into effect in January 2022, marks the establishment of a foreign investment security review mechanism unique to the UK. This article examines the Act’s text and identifies several key features of the mechanism, including its broad review scope, ease of activation, flexible standards, and instrumental tendencies. Applying a constructivist framework, this article argues that the establishment of this mechanism is primarily driven by a shift in the UK’s identity, reinforcing its alignment with the United States while positioning China as a “competitor”. The NSI Act’s broad scope and discretionary powers disproportionately impact Chinese investors, given their concentration in high-risk sectors and geopolitical tensions. In response, this article proposes that China can mitigate the potential negative impact of this mechanism on its investors by adopting both conceptual and normative strategies, contributing to the reconstruction of the UK’s perception of China within the broader social context. Full article

18 pages, 295 KiB

Open AccessReview

Application of Shia Islamic Law in Contemporary Legal Systems

by Akif Tahiiev

Laws 2025, 14(2), 23; https://doi.org/10.3390/laws14020023 - 1 Apr 2025

Despite the growing interest among comparative legal scholars in Islamic law, the application of Shia Islamic law remains an overlooked area within the field of comparative law. This article addresses this gap by offering a classification of contemporary national legal systems according to [...] Read more.

Despite the growing interest among comparative legal scholars in Islamic law, the application of Shia Islamic law remains an overlooked area within the field of comparative law. This article addresses this gap by offering a classification of contemporary national legal systems according to their incorporation of Shia Islamic law. The analysis begins with secular legal systems in countries with significant Shia populations and progresses to those jurisdictions where Shia Islamic law is officially recognised. Through this examination, I define the historical, cultural, and political contexts influencing the application of Shia Islamic law and assess how and to what extent these states implement Shia Islamic rulings, incorporating case studies to illustrate varying degrees of application. Full article

16 pages, 263 KiB

Open AccessArticle

Limits of Legal Certainty: A Commentary on the “Dana Gas” Case

by Badreddine Berrahlia and Mourad Benseghir

Laws 2025, 14(2), 22; https://doi.org/10.3390/laws14020022 - 31 Mar 2025

The “Dana Gas” case is considered one of the pivotal cases in the development of the Islamic financial industry. The case raised concerns about the limits of legal certainty, particularly the judiciary’s right to exercise “ijtihad” (juristic interpretation). This study highlights [...] Read more.

The “Dana Gas” case is considered one of the pivotal cases in the development of the Islamic financial industry. The case raised concerns about the limits of legal certainty, particularly the judiciary’s right to exercise “ijtihad” (juristic interpretation). This study highlights the extent to which Islamic financial institutions adhere to their contractual obligations in good faith based on Shariah compliance. It also outlines how the judiciary preserves its inherent right to exercise due diligence in relation to protecting the public economic order and applying its authority in evaluating the practical application of Islamic finance contracts and instruments. Based on the dialectical approach, this article analyzes the case by presenting the background of the dispute and its legal dimensions, emphasizing the necessity of achieving legal certainty in the Islamic financial industry. This study also advocates for applying judicial jurisprudence in resolving disputes related to sukuk. Finally, it unfolds the legal lessons learned from this case. This study concludes that more effort should be made to localize judicial jurisdiction in resolving disputes related to sukuk, regulating the process of selecting the applicable law, and to develop the legal infrastructure in systems participating in Islamic finance. Accordingly, this study highlights the significant role that Shariah standards could play in this field in the future. Full article

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30 April 2025
Richard DiMarchi and Rolf Müller Share the 2024 Tu Youyou Award

13 June 2025
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Migration and Human Rights in the Age of the Global Compacts Topic Editors: James C. Simeon, Elspeth Guild
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Regulating Mental Health: Crossing the Rubicon between Care and Control Guest Editor: Nicola Glover-Thomas
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