Laws

16 pages, 233 KB

Open AccessArticle

Shortcomings in the Tracing of Digital Assets in the EU’s Insolvency III Directive

by Dominik Skauradszun and Paula Moffatt

Laws 2026, 15(3), 40; https://doi.org/10.3390/laws15030040 - 11 May 2026

This paper examines whether the brand-new EU Directive harmonising certain aspects of insolvency law (Insolvency III) with its Title III on asset tracing is fit for the digital age and whether it offers adequate tools for the tracing of digital assets, such as [...] Read more.

This paper examines whether the brand-new EU Directive harmonising certain aspects of insolvency law (Insolvency III) with its Title III on asset tracing is fit for the digital age and whether it offers adequate tools for the tracing of digital assets, such as crypto-assets under the EU Markets in Crypto-assets Regulation (MiCAR). The study will demonstrate that Title III on asset tracing has been outdated since the inception of the Insolvency III as it has a ‘blind spot’ on tracing digital assets. Full article

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

29 pages, 363 KB

Open AccessArticle

The Interplay of Legal Capacity, Convergence, and Development in Insolvency Reform

by Bolanle Adebola

Laws 2026, 15(3), 39; https://doi.org/10.3390/laws15030039 - 6 May 2026

Abstract

The wholesale transplantation of foreign insolvency laws with minimal contextual adaptation—rule convergence—can be inimical to development in African states because it displaces the legal capacity through which insolvency systems become institutionally responsive over time. Situated within a transnational reform order shaped by overlapping [...] Read more.

The wholesale transplantation of foreign insolvency laws with minimal contextual adaptation—rule convergence—can be inimical to development in African states because it displaces the legal capacity through which insolvency systems become institutionally responsive over time. Situated within a transnational reform order shaped by overlapping developmental and market-integration logics, insolvency reform is frequently promoted through global scripts, technical assistance, and benchmarking regimes that reward rule convergence. This order and the discourse that supports it often operate within an implicit economic-growth development paradigm that treats legal development as achievable through the external supply of ‘best practice’ rules supported by enforcement capacity. This paper challenges that view, advancing a systematic conceptualisation of state legal capacity as the evolving institutional ability to formulate, adapt, interpret, implement, enforce and legitimate legal rules in response to societal legal demand. Applying this framework to corporate and insolvency reform trajectories in East and West Africa, the paper shows how rule transplantation produces capacity displacement, undermining endogenous legal development and development more broadly. Insolvency reform must therefore be understood as a project of legal capacity-building rather than of rule importation, enabling African states to act as co-producers in the evolution of global insolvency norms and models. Full article

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

12 pages, 235 KB

Open AccessArticle

The EUA-PREP-CICP Medico-Legal Framework for Nirmatrelvir/Ritonavir During the COVID-19 Pandemic

by Tung-Hu Tsai

Laws 2026, 15(3), 38; https://doi.org/10.3390/laws15030038 - 6 May 2026

Abstract

The coronavirus (COVID-19) pandemic necessitated unprecedented regulatory responses that enabled rapid therapeutic deployment. The integrated medico-legal framework—comprising the FD&C Act Section 564 (Emergency Use Authorization/EUA), PREP Act (liability immunity), and CICP (injury compensation)—facilitated emergency response while protecting all stakeholders. This normative legal and [...] Read more.

The coronavirus (COVID-19) pandemic necessitated unprecedented regulatory responses that enabled rapid therapeutic deployment. The integrated medico-legal framework—comprising the FD&C Act Section 564 (Emergency Use Authorization/EUA), PREP Act (liability immunity), and CICP (injury compensation)—facilitated emergency response while protecting all stakeholders. This normative legal and policy analysis examines nirmatrelvir/ritonavir (Paxlovid) as a case study, integrating emerging pharmacokinetic evidence demonstrating its passage across the blood–brain and blood–placenta barriers. The EUA-PREP-CICP framework achieved notable results: nirmatrelvir/ritonavir’s authorization enabled deployment approximately 1 year after trials began, demonstrating an 89% reduction in the risk of hospitalization or death and potentially preventing thousands of hospitalizations. The PREP Act enabled focused pharmaceutical development and protected frontline healthcare workers during the crisis, though access barriers and transparency concerns remain areas warranting ongoing attention. The CICP provided administrative compensation for qualifying injuries, with acknowledged limitations in filing timelines and causation standards. Pharmacokinetic studies published after authorization revealed biological barrier crossing, representing normal scientific progress through continued investigation. The EUA-PREP-CICP nexus functioned as an integrated system: EUA enabled rapid evidence-based access, PREP immunity facilitated development and deployment, and CICP provided injury remedy. Based on this experience, this study proposes targeted enhancements to further strengthen this framework: systematic post-authorization surveillance timelines, enhanced special population monitoring through registries, modest procedural refinements to CICP, and improved surveillance infrastructure. These evidence-based improvements would build on the framework’s demonstrated strengths, optimizing performance for future emergencies while preserving the essential functions that helped address the COVID-19 pandemic. Full article

(This article belongs to the Section Health Law Issues)

19 pages, 1322 KB

Open AccessArticle

Digitising Bills of Lading in the UAE: Legal Governance and Implementation Challenges

by Mohamed Morsi Abdou, Ayman M. Zain Othman, Aisha Obaid Alqaydi and Mahmoud Fayyad

Laws 2026, 15(3), 37; https://doi.org/10.3390/laws15030037 - 2 May 2026

Abstract

The AI-supported digitisation of bills of lading has become an important requirement for the maritime transport industry, because it accelerates maritime shipping operations and helps avoid the drawbacks of paper bills of lading. This importance prompted the UAE legislator to introduce a legal [...] Read more.

The AI-supported digitisation of bills of lading has become an important requirement for the maritime transport industry, because it accelerates maritime shipping operations and helps avoid the drawbacks of paper bills of lading. This importance prompted the UAE legislator to introduce a legal provision in the new Maritime Law expressly permitting the use of electronic bills of lading. Despite the significance of this legislative step, this study demonstrates that it suffers from regulatory shortcomings; accordingly, the study aims to bridge the legal gap arising from the deficiency and ambiguity that characterise the rules governing the use of electronic bills of lading. This research fills a gap in the legal literature, as the digitisation of bills of lading under the new UAE Maritime Law has not been deeply explored. It also examines the role of artificial intelligence as an auxiliary instrument in enhancing the efficiency and reliability of this digital transformation. The research adopts an inductive and analytical approach to the provisions of the Maritime Law and related legislation to extract the general legal principles governing dealings in electronic bills of lading. The study shows that the digitisation of maritime bills of lading raises several legal issues resulting from their subjection to more than one legal regime, which may lead to legislative conflict and divergence in judicial approaches. The study concludes that the effective use of electronic bills of lading requires issuance of implementing regulations that explicitly clarify the conditions for their issuance, recognising their possession and electronic negotiability. Full article

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11 pages, 227 KB

Open AccessArticle

More than One-Dimensionality: Brief Remarks on Pensée Complexe, Harmonization and Intangible Cultural Heritage

by Alejandro Knaesel Arrabal and Otávio Henrique Baumgarten Arrabal

Laws 2026, 15(3), 36; https://doi.org/10.3390/laws15030036 - 29 Apr 2026

Abstract

This research considers, by a conceptual and philosophical–legal perspective, the tensions between the interest of harmonization of intellectual property and the protection of Intangible Cultural Heritage. Starting from the fact that the harmonization of IP has been promoted as a strategy of global [...] Read more.

This research considers, by a conceptual and philosophical–legal perspective, the tensions between the interest of harmonization of intellectual property and the protection of Intangible Cultural Heritage. Starting from the fact that the harmonization of IP has been promoted as a strategy of global legal integration, normative predictability, and legal certainty for transnational economic agents, this study underpins the challenges that cross this intention. ICH is also observed as a legal category grounded on collective, dynamic, and culturally situated logics. The article briefly remarks a critical reading regarding possible conceptual incompatibilities between these regimes, showing through pensée complexe that such tensions stem from deeper divergences, associated with the predominance of a unidimensional and reductive view of the relationship between IP and ICH. Full article

(This article belongs to the Special Issue Harmonisation of Intellectual Property Rules: A Path Towards Global Integration?)

17 pages, 318 KB

Open AccessArticle

Aging Behind Bars: The Growth of the Older Incarcerated Adult Population and Emerging Penal Reform

by Hyemin Shin and Myunghee You

Laws 2026, 15(3), 35; https://doi.org/10.3390/laws15030035 - 28 Apr 2026

Abstract

Tough-on-crime policies, including mandatory minimum laws, three-strikes statutes, and habitual offender laws, have contributed to prison overcrowding and the growth of aging prison populations. As incarceration costs for prisoners increase, policymakers have increasingly considered early release policies for older incarcerated adults who pose [...] Read more.

Tough-on-crime policies, including mandatory minimum laws, three-strikes statutes, and habitual offender laws, have contributed to prison overcrowding and the growth of aging prison populations. As incarceration costs for prisoners increase, policymakers have increasingly considered early release policies for older incarcerated adults who pose a low risk of recidivism. This paper reviews recent trends in late-life incarceration and evaluates the policy logic and practical conditions under which early release may serve as a response to aging incarceration. Drawing on existing legal scholarship and prior research, we argue that early release of aging inmates likely represents a feasible and cost-effective strategy for addressing prison overcrowding without compromising public safety. The analysis further identifies the legal, institutional, and policy conditions under which early release programs for older prisoners are most likely to gain legitimacy and political support. By situating aging-related release within broader debates on punishment, proportionality, and public safety, this study contributes to ongoing discussions of sustainable and normatively grounded responses to mass incarceration. Full article

(This article belongs to the Section Criminal Justice Issues)

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15 pages, 258 KB

Open AccessArticle

Harmonising Trade Secret Protection in AI: Innovation, Opacity and Digital Vulnerability

by Cristiani Fontanela, Thaís Alves Costa and Andréa de Almeida Leite Marocco

Laws 2026, 15(2), 34; https://doi.org/10.3390/laws15020034 - 20 Apr 2026

Abstract

This study examines how the international harmonisation of intellectual property rules, particularly trade secret protection, reshapes the governance of artificial intelligence (AI) in ways that both enable and threaten justice. We argue that convergent standards on undisclosed information are essential for legal certainty [...] Read more.

This study examines how the international harmonisation of intellectual property rules, particularly trade secret protection, reshapes the governance of artificial intelligence (AI) in ways that both enable and threaten justice. We argue that convergent standards on undisclosed information are essential for legal certainty in knowledge-intensive AI investments. Such standards are anchored in TRIPS, reinforced by WIPO guidance and digital trade agreements, and complemented by regional instruments such as the EU Trade Secrets Directive. This emerging framework facilitates cross-border technological cooperation while helping prevent the “regulatory expropriation” of code, models, and data infrastructures. At the same time, when this pro-secrecy architecture is extended to opaque algorithmic systems that mediate access to credit, employment, welfare, health and justice, it can entrench digital vulnerability: information asymmetries between firms, states and citizens; barriers to meaningful transparency and audit; and pathogenic forms of exclusion that disproportionately affect already disadvantaged groups. Building on the concept of digital and structural vulnerability, the paper defends a vulnerability-sensitive approach to harmonisation in which trade secret protection is balanced against human rights, algorithmic accountability and the regulatory space of Global South states. We conclude that only an intellectual property regime guided by an ethics and politics of vulnerability can reconcile economic integration, technological development and reducing digital vulnerability in deeply unequal societies. Full article

(This article belongs to the Special Issue Harmonisation of Intellectual Property Rules: A Path Towards Global Integration?)

18 pages, 249 KB

Open AccessArticle

The United Kingdom’s Ukraine Schemes and the Case for a Safe Passage Visa: At-Risk People, So-Called ‘Safe and Legal Routes’, and the Refugee Convention

by Jennifer Morgan

Laws 2026, 15(2), 33; https://doi.org/10.3390/laws15020033 - 17 Apr 2026

Abstract

This paper analyses the existing international refugee framework in light of the emergence of alternative so-called ‘safe and legal routes’ devised by the UK government—in particular, the bespoke Ukraine visa schemes—and considers the practical implementation of a Safe Passage Visa programme in the [...] Read more.

This paper analyses the existing international refugee framework in light of the emergence of alternative so-called ‘safe and legal routes’ devised by the UK government—in particular, the bespoke Ukraine visa schemes—and considers the practical implementation of a Safe Passage Visa programme in the UK. It will consider how safe routes may benefit at-risk people when provided alongside the protection afforded under the Refugee Convention. It will also evaluate the persistent failure of UK government policy that focuses on deterrent-only aims but has been unsuccessful in reducing irregular journeys to the UK. The paper will then explore the case for a ‘Safe Passage Visa’, focusing on the practical challenge of implementation and the potential impact of its development on the workings of the asylum system in the UK, including the potential reduction in irregular entry and other benefits. The paper argues that there is an imperative need to take action to safeguard and protect human lives in transit whilst asserting that this must be conducted in a way that complements and enhances the principles enshrined in the Refugee Convention. Full article

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

25 pages, 915 KB

Open AccessArticle

Development of a Smart Contract for the Transfer of Copyrights in an Artwork Linked to an NFT

by William Fernando Martínez Luna, Ana María Moreno Ballesteros and Edgar José Ruiz Dorantes

Laws 2026, 15(2), 32; https://doi.org/10.3390/laws15020032 - 16 Apr 2026

Abstract

Non-fungible tokens (NFTs) are transforming the commercialisation of digital art by establishing unique blockchain identifiers that ensure authenticity and certify subsequent transactions. However, the transfer of control over an NFT does not automatically include the transfer of the associated copyrights, thereby creating legal [...] Read more.

Non-fungible tokens (NFTs) are transforming the commercialisation of digital art by establishing unique blockchain identifiers that ensure authenticity and certify subsequent transactions. However, the transfer of control over an NFT does not automatically include the transfer of the associated copyrights, thereby creating legal uncertainty as to what rights are actually acquired. This interdisciplinary project between engineering and law proposes the design of a smart contract, based on the ERC-721 standard, to manage the transfer of property rights linked to digital artworks represented as NFTs. The accompanying legal contract incorporates essential clauses covering the identification of the parties, a description of the artwork and its link to the token, pricing, royalties, and the terms of rights transfer. The proposal seeks to integrate blockchain technology with existing legal frameworks, offering an innovative solution that strengthens legal certainty in the transfer of copyright within digital environments. Full article

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21 pages, 256 KB

Open AccessArticle

The Interplay Between the 1951 Geneva Refugee Convention and the 1989 UN Convention on the Rights of the Child

by Stefanie Schmahl

Laws 2026, 15(2), 31; https://doi.org/10.3390/laws15020031 - 15 Apr 2026

Abstract

The interplay between the 1951 Refugee Convention and the 1989 Convention on the Rights of the Child (CRC) is of particular importance, as children today make up around 41% of all refugees. The Refugee Convention grants subsidiary international protection for persons who have [...] Read more.

The interplay between the 1951 Refugee Convention and the 1989 Convention on the Rights of the Child (CRC) is of particular importance, as children today make up around 41% of all refugees. The Refugee Convention grants subsidiary international protection for persons who have legally or de facto lost the protection of their home state because it either persecutes them or exposes them to persecution by non-state actors. The Convention contains various substantial guarantees for recognized refugees and persons seeking refugee status. However, it does not contain any explicit provision on refugee children. This is precisely where Article 22 CRC comes into play, which states that refugee children are entitled to “appropriate protection and humanitarian assistance”. The essay delineates the definition of what is meant by a “refugee child” in the light of both Article 22 CRC and Article 1A(2) of the Refugee Convention. Furthermore, it works out that Article 22 CRC can strengthen the Refugee Convention’s scant commitment to children’s rights. This is particularly evident in the CRC’s requirements for the treatment of children in asylum procedures, which are not addressed at all in the Refugee Convention. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration—Volume 2)

14 pages, 206 KB

Open AccessReview

Cyprus’ Approach to the Digital Services Act: Harmonisation, Enforcement, and Practical Implications

by Alexandropoulou Antigoni and Themistokleous Antigoni

Laws 2026, 15(2), 30; https://doi.org/10.3390/laws15020030 - 14 Apr 2026

Abstract

The Digital Services Act (DSA) represents a landmark regulatory context aiming to secure a safer, trusted and more transparent digital environment. While the DSA establishes a harmonised regulatory framework for intermediary services across the EU, its enforcement system relies significantly on national regulatory [...] Read more.

The Digital Services Act (DSA) represents a landmark regulatory context aiming to secure a safer, trusted and more transparent digital environment. While the DSA establishes a harmonised regulatory framework for intermediary services across the EU, its enforcement system relies significantly on national regulatory authorities, leaving member states a degree of institutional autonomy in designing the supervisory structures. This article examines the implementation of the DSA in Cyprus and discusses the national legal framework adopted through primary and secondary legislation. It analyses the powers, legally mandated tasks, rights, and obligations of the digital services coordinator in Cyprus including its supervisory, investigatory, and enforcement competences as well as the sanctioning mechanisms. This article provides a comprehensive legal analysis of the coordinator’s operation and contributes to the academic debate on the national implementation of the DSA as a horizontal legal tool of intermediary services and digital platforms accessed by European citizens. Full article

13 pages, 229 KB

Open AccessReview

Menstruation and the Myth of the Gender-Neutral Worker: Structural Inequality in Labor Law

by Bernadett Solymosi-Szekeres

Laws 2026, 15(2), 29; https://doi.org/10.3390/laws15020029 - 12 Apr 2026

Abstract

The legislative framework of labor law is generally described as gender-neutral based on universal presumptions about employment availability, work productivity, and the ability to work without interruption; in actuality, this gender-neutral framework remains contingent on the existence of the non-menstruating body. This paper [...] Read more.

The legislative framework of labor law is generally described as gender-neutral based on universal presumptions about employment availability, work productivity, and the ability to work without interruption; in actuality, this gender-neutral framework remains contingent on the existence of the non-menstruating body. This paper analyzes the concept of menstruation as the blind spot in labor law, exploring whether the gender-neutral framework of the legal system has the ability to achieve true gender equality while turning a blind eye to the cyclical body, which has been identified to negatively impact the lives of many menstruators. Methodologically, this research takes a normative approach, incorporating feminist legal theories, principles of substantive equality, and socioeconomic and medical studies on menstruation. The results of this research prove that the concept of menstruation cannot be described or characterized by frameworks such as illness or disability, leaving the normative regulatory space for menstruators to experience structural inequality. The formal equality of labor law rules thus produces unequal effects in practice by privileging an implicit model of uninterrupted work capacity. This article concludes that the legal silence surrounding menstruation is not neutral but reinforces gendered patterns of disadvantage. Making menstruation visible within labor law is therefore not a matter of special treatment but a necessary step towards substantive equality and embodied gender justice, and a prerequisite for any future regulatory responses aimed at addressing workplace inequality. Full article

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

21 pages, 302 KB

Open AccessArticle

Criminalising Asylum Beyond Prosecution: Exclusionary Law and Policy in the UK

by Sarah Singer

Laws 2026, 15(2), 28; https://doi.org/10.3390/laws15020028 - 11 Apr 2026

Abstract

This paper explores the ‘criminalisation’ of asylum in recent UK law and policy, most notably the 2022 Nationality and Borders Act (NABA) and 2023 Illegal Migration Act (IMA), and the ways in which this framework has fed through into recent legislative and policy [...] Read more.

This paper explores the ‘criminalisation’ of asylum in recent UK law and policy, most notably the 2022 Nationality and Borders Act (NABA) and 2023 Illegal Migration Act (IMA), and the ways in which this framework has fed through into recent legislative and policy measures. Whilst the development and expansion of criminal offences relating to irregular entry and arrival may be considered the most overt form of ‘criminalising’ people on the move, in this paper it is argued that the criminalisation of asylum in the UK today should not only be understood through the prism of crimmigration measures which are expressly penal in nature, but also through an array of measures which, although framed as administrative and civil, are similarly punitive in character and serve the criminal punishment rationale of retribution and deterrence. The legislative framework of the NABA 2022 and IMA 2023 has paved the way for this progressive ‘criminalisation’ by sanctioning those arriving irregularly to the UK to claim asylum. This trend has been continued in recent law and policy, and progressively expanded in a manner that increasingly sanctions refugees for the very fact of having claimed asylum in the UK. Full article

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

9 pages, 231 KB

Open AccessReview

Can a Regional Law Regulate End-of-Life Care in Italy? Ethical and Medico-Legal Perspectives

by Tommaso Spasari, Paolo Bailo, Emerenziana Basello, Giuliano Pesel and Giovanna Ricci

Laws 2026, 15(2), 27; https://doi.org/10.3390/laws15020027 - 3 Apr 2026

Abstract

Recent Italian developments in end-of-life governance have intensified debate on self-determination, medically assisted suicide, and the constitutional limits of healthcare regulation. This article is a narrative review combined with doctrinal legal analysis and medico-legal commentary. It examines Tuscany’s Regional Law No. 16 of [...] Read more.

Recent Italian developments in end-of-life governance have intensified debate on self-determination, medically assisted suicide, and the constitutional limits of healthcare regulation. This article is a narrative review combined with doctrinal legal analysis and medico-legal commentary. It examines Tuscany’s Regional Law No. 16 of 14 March 2025 within the broader Italian framework shaped by Law No. 219/2017, Constitutional Court Judgment No. 242/2019, and the subsequent constitutional review culminating in Judgment No. 204/2025. The article pursues three aims: to reconstruct the national legal framework governing end-of-life decision-making in Italy; to analyse the structure and constitutional implications of the Tuscan statute; and to assess the medico-legal relevance of the persistent uncertainty surrounding life-sustaining treatments as an eligibility criterion. The analysis highlights two distinct but interconnected issues: the constitutional boundary between regional healthcare organisation and matters requiring nationally uniform safeguards, and the unresolved interpretation of life-sustaining treatments in clinical and legal practice. In light of Judgment No. 204/2025, the article argues that regional procedural intervention may reduce administrative uncertainty, but cannot replace coherent parliamentary legislation capable of clarifying substantive criteria, limiting territorial variability, and reinforcing the role of palliative care within end-of-life pathways. Full article

16 pages, 269 KB

Open AccessArticle

Civil Liability Odds in Information Leaks: Controversial Legal Debates and Emerging Judicial Doctrines in Jordan

by Ahmed M. Khawaldeh

Laws 2026, 15(2), 26; https://doi.org/10.3390/laws15020026 - 3 Apr 2026

Abstract

Cyberattacks and data breaches expose individuals and firms to liability in civil courts. Despite regulators’ efforts to standardize cybersecurity laws, judges, justices and attorneys have offered a plethora of interpretations to the same laws, causing a great deal of confusion. The current investigation [...] Read more.

Cyberattacks and data breaches expose individuals and firms to liability in civil courts. Despite regulators’ efforts to standardize cybersecurity laws, judges, justices and attorneys have offered a plethora of interpretations to the same laws, causing a great deal of confusion. The current investigation utilizes the Jordanian civil code to illustrate how complex liability becomes in data breaches cases. Through a comprehensive examination of liability rules 256–291 within the civil code, the Supreme Courts’ liability precedents, and the new personal data protection law, this analysis finds that liability could be established under strict conditions. Liability claims in Jordanian courts must satisfy the standing doctrine, the presence of injury requiring compensation, and causality, and must demonstrate the clear links between data breaches and the harm/injury suffered. The novelty of the personal data protection law in Jordan is likely to impact how liability is interpreted and established in cybersecurity cases. Full article

28 pages, 638 KB

Open AccessArticle

Nationalisation as a Response to Failing Public Service Providers: Challenges and Alternatives

by Rebecca Parry and Hakan Sahin

Laws 2026, 15(2), 25; https://doi.org/10.3390/laws15020025 - 2 Apr 2026

Abstract

There have been multiple examples in recent years of nationalisation being used as a strategy for protecting the functions of failing public service providers. In the UK, at present, there is a demand for the nationalisation of Thames Water, which supplies water to [...] Read more.

There have been multiple examples in recent years of nationalisation being used as a strategy for protecting the functions of failing public service providers. In the UK, at present, there is a demand for the nationalisation of Thames Water, which supplies water to 16 million users but is struggling financially and operationally. Proponents of nationalisation often overlook the complexity of the process, which involves the expropriation of shares and can be an expensive option. The expense arises in part due to the globalised investment context, where bilateral investment treaties (BITs) between various countries require compensation from foreign investors who suffer expropriation. There is wide foreign ownership of Thames Water, as well as many other UK public service suppliers. The practical and legal obstacles to nationalisation may mean that compensation must be paid at full market value, or not far short of it, even where the nationalised company is insolvent or failing. This paper examines the compensation frameworks applicable to the nationalisation of distressed public service providers with foreign ownership, analysing both bilateral investment treaties and the European Convention on Human Rights. Using Thames Water as a detailed case study, we demonstrate that current international investment law standards, which were developed for the expropriation of profitable enterprises, prove ill-suited when applied to the nationalisation of insolvent companies. Requiring “prompt, adequate and effective” compensation at fair market value for failing public service providers, such as utilities, creates perverse outcomes, as the taxpayers are asked to fund both the rescue of failed private ownership and the infrastructure investments that private owners neglected, while the shareholders who presided over the decline receive windfalls from state intervention. We propose an alternative framework based on four graduated responses: (1) enhanced regulatory intervention before failure occurs; (2) the use of upstream insolvency procedures, including restructuring plans; (3) the use of ordinary insolvency procedures of liquidation and administration; and (4) nationalisation as a last resort when market-based solutions are exhausted. Crucially, in this last case, we advocate for compensation to be calculated on a basis that reflects the insolvency of the nationalised entity. This entails valuing expropriated interests at what shareholders and creditors would have received through the insolvency proceedings that nationalisation displaces, which will typically be well below market value, even zero. Full article

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

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23 pages, 288 KB

Open AccessArticle

A Jeffersonian Approach to Civic Engagement, Through Civic Education and the Flexibility of the Natural Law

by Thomas Cook and Boleslaw Z. Kabala

Laws 2026, 15(2), 24; https://doi.org/10.3390/laws15020024 - 2 Apr 2026

Abstract

A Jeffersonian model of civic education supports robust civic engagement while differing in important respects from prevailing paradigms of community-embedded learning that prioritize activism. Rather than emphasizing participation alone, Jefferson’s approach to the development of civic awareness foregrounds reasoned speech, civil discourse, and [...] Read more.

A Jeffersonian model of civic education supports robust civic engagement while differing in important respects from prevailing paradigms of community-embedded learning that prioritize activism. Rather than emphasizing participation alone, Jefferson’s approach to the development of civic awareness foregrounds reasoned speech, civil discourse, and the cultivation of practical judgment informed by theoretical understanding. Central to this model is Jefferson’s insistence that civic education is primarily a local and state responsibility, grounded in a broader commitment to self-government. Jefferson’s account reflects an appreciation for human reason as a universal capacity that makes consent and civic deliberation possible. Reason, so understood, provides the foundation for political equality and for an account of human flourishing articulated most clearly in the Declaration of Independence and consistent with core claims of the natural law tradition. This framework supports a conception grounded in metaphysical equality and civic friendship, best expressed within a federal political order, and capable of sustaining what classic sources and contemporary initiatives describe as a “pervasive commitment to diversity—as well as unity”. Further contributing to the novelty of our argument, we show that Jeffersonian natural-law-inflected civic engagement resonates well into the 20th century. Important judicial decisions, educational initiatives, and policy recommendations—including Cook v. McKee, Education for American Democracy (EAD), and the Truman Commission Report—draw upon related concepts of civic formation, consent, and reasoned participation. Jefferson’s emphasis on “reasons in speech,” understood as an essential element of self-government, thus remains a necessary and underappreciated contribution to contemporary debates over civic education and engagement. Full article

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

10 pages, 210 KB

Open AccessArticle

The Primacy of Civic Life: Aristotle’s Critique of Hippodamus

by Sebastian R. Graham and Matthew K. Reising

Laws 2026, 15(2), 23; https://doi.org/10.3390/laws15020023 - 1 Apr 2026

Abstract

This article contributes to ongoing debates between political scientists and the burgeoning civic education reform movement over the nature and goals of political inquiry and the need for a careful analysis of political methodology. To do so, this article draws on and explicates [...] Read more.

This article contributes to ongoing debates between political scientists and the burgeoning civic education reform movement over the nature and goals of political inquiry and the need for a careful analysis of political methodology. To do so, this article draws on and explicates Aristotle’s criticisms of Hippodamus to show the dangers of privileging legibility and quantifiability over the common experiences of civic life, which includes normative considerations of good and bad and right and wrong. Ultimately, we argue that Aristotle provides a model for inquiring into the nature of political life that is conscious of civic responsibility and which offers a strong justification for continued civic education reform. Along the way, we contribute to ongoing discussions about the potentially positive relationship between liberal and civic education by connecting the civic education movement to modern theorizing about virtue politics. Full article

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

27 pages, 667 KB

Open AccessArticle

Greening Human Rights in Africa: The African Court and the Environmental Accountability of States and Corporations

by Adeline Auffret O’Neil, Indira Boutier and Emmanuel Maganaris

Laws 2026, 15(2), 22; https://doi.org/10.3390/laws15020022 - 27 Mar 2026

Abstract

The recognition of a clean, healthy, and sustainable environment as a human right has reshaped global human rights discourse, yet its operationalisation remains uneven. This article examines how the African human rights system which is uniquely grounded in collective rights, has reframed environmental [...] Read more.

The recognition of a clean, healthy, and sustainable environment as a human right has reshaped global human rights discourse, yet its operationalisation remains uneven. This article examines how the African human rights system which is uniquely grounded in collective rights, has reframed environmental protection as a constitutive element of development, sovereignty, and justice. Through doctrinal and case-law analysis, it traces the evolution from the African Commission’s foundational jurisprudence in SERAC, which extended state duties to the regulation of private and transnational corporate actors, to the African Court’s landmark judgment in LIDHO v. Côte d’Ivoire. The study demonstrates how the Court transforms the aspirational ‘greening’ of human rights into binding obligations by articulating a robust duty of vigilance and linking environmental harm to violations of the rights to life, health, and development. It further shows that LIDHO inaugurates a post-sovereign model of shared and polycentric responsibility, in which state accountability encompasses corporate conduct within their jurisdiction and, potentially, beyond it. The article concludes that the African Charter’s collective framework offers an implicit regional model of ecological justice, one capable of addressing extractive asymmetries and informing emerging climate-related obligations across the continent. Full article

(This article belongs to the Section Environmental Law Issues)

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