Laws doi: 10.3390/laws15030041

Authors: Gulnara T. Nurbekova Marco Greggi Lyazat K. Tussupova

In the era of global data exchange, banking secrecy is no longer absolute, becoming part of a more transparent tax administration system. International exchange of tax information has necessitated a legal analysis of issues related to tax secrecy and banking secrecy in Kazakhstan. The authors analyse the relationship between banking, tax and official secrecy, as well as international and national mechanisms for protecting confidentiality in the context of growing demands for tax transparency. The article discusses international initiatives, including CRS, FATCA and the Convention on Mutual Administrative Assistance in Tax Matters (OECD), as well as their impact on the legal framework governing financial information in Kazakhstan. Focusing on international standards, the article highlights the lack of legal clarity in Kazakhstani legislation regarding the mechanism for ensuring banking secrecy when transferring information to tax authorities. Measures are proposed to harmonise regulatory acts aimed at ensuring a balance between the confidentiality of taxpayer information and the obligation of banking organisations to assist the tax authority in performing its tax administration tasks, as well as legal certainty in the handling of confidential information.

Laws doi: 10.3390/laws15030040

Authors: Dominik Skauradszun Paula Moffatt

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 The study will demonstrate that Title III on asset tracing has been outdated since the inception of the Insolvency III as it has a ‘blind spot’ on tracing digital assets.

Laws doi: 10.3390/laws15030039

Authors: Bolanle Adebola

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.

Laws doi: 10.3390/laws15030038

Authors: Tung-Hu Tsai

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.

Laws doi: 10.3390/laws15030037

Authors: Mohamed Morsi Abdou Ayman M. Zain Othman Aisha Obaid Alqaydi Mahmoud Fayyad

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.

Laws doi: 10.3390/laws15030036

Authors: Alejandro Knaesel Arrabal Otávio Henrique Baumgarten Arrabal

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.

Laws doi: 10.3390/laws15030035

Authors: Hyemin Shin Myunghee You

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.

Laws doi: 10.3390/laws15020034

Authors: Cristiani Fontanela Thaís Alves Costa Andréa de Almeida Leite Marocco

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.

Laws doi: 10.3390/laws15020033

Authors: Jennifer Morgan

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.

Laws doi: 10.3390/laws15020032

Authors: William Fernando Martínez Luna Ana María Moreno Ballesteros Edgar José Ruiz Dorantes

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.

Laws doi: 10.3390/laws15020031

Authors: Stefanie Schmahl

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.

Laws doi: 10.3390/laws15020030

Authors: Alexandropoulou Antigoni Themistokleous Antigoni

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.

Laws doi: 10.3390/laws15020029

Authors: Bernadett Solymosi-Szekeres

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.

Laws doi: 10.3390/laws15020028

Authors: Sarah Singer

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.

Laws doi: 10.3390/laws15020027

Authors: Tommaso Spasari Paolo Bailo Emerenziana Basello Giuliano Pesel Giovanna Ricci

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.

Laws doi: 10.3390/laws15020026

Authors: Ahmed M. Khawaldeh

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.

Laws doi: 10.3390/laws15020025

Authors: Rebecca Parry Hakan Sahin

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.

Laws doi: 10.3390/laws15020024

Authors: Thomas Cook Boleslaw Z. Kabala

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.

Laws doi: 10.3390/laws15020023

Authors: Sebastian R. Graham Matthew K. Reising

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.

Laws doi: 10.3390/laws15020022

Authors: Adeline Auffret O’Neil Indira Boutier Emmanuel Maganaris

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.

Laws doi: 10.3390/laws15020021

Authors: Selina Wai Ming Robinson

UK ports handle the vast majority of national trade by volume and constitute Critical National Infrastructure. Since 2004, the SOLAS/ISPS Code and the Port Security Regulations 2009 have established baseline security requirements, recently supplemented by the National Security and Investment Act 2021 and the National Security Act 2023, creating overlapping obligations. This contribution maps the evolving regulatory framework (ISPS/Port Security Regulations, NSI 2021, NSA 2023, and CNI-related guidance). It assesses operational impacts using industry metrics and draws comparative lessons from Singapore and Rotterdam. Empirical research indicates that security regulation is not uniformly detrimental to performance: targeted, intelligence-led, and technology-enabled measures can coincide with productivity gains, whereas fragmented or blanket compliance regimes are more consistently associated with increased dwell times and throughput loss. These delays propagate through supply chains and intensify cost pressures, with proportionally greater impacts on mid-sized ports. Comparative evidence indicates that risk-based screening, integrated cyber–physical platforms, transparent governance, and clear cost-sharing frameworks can maintain security without compromising commercial performance. The contribution recommends (i) tiered, risk-based screening with transparent indicators; (ii) the consolidation of overlapping regulatory obligations; (iii) clearer liability frameworks, including model terms and alternative dispute resolution; and (iv) scheduled review provisions to maintain proportionality over time.

Laws doi: 10.3390/laws15020020

Authors: Nikolaos Manos Emmanouil Technitis Athanassia Sykiotou

Artificial intelligence is already being used in the administration of Justice, with various applications assisting judges in resolving cases. In particular, in criminal Justice, these applications include predictive Justice and decision-making assistance through the assessment of facts, as well as the classification of criminals into risk groups. This article examines the current regulatory and ethical framework (AI Act, Council of Europe Convention on AI, CEPEJ Ethical Charter, UNESCO and OECD principles) and develops a regulatory approach to the use of AI systems by judges and prosecutors. The methodology is based on a doctrinal analysis of international, EU, and professional ethical literature, as well as on a synthesis of principles of judicial conduct (Bangalore Principles, Magna Carta of Judges). To strike a balance between the rules of governing system use and judicial ethics, the article proposes a consistent framework of ethical principles (legitimacy, transparency, accountability, integrity, human oversight, prohibition of discrimination) and introduces a practical “line of reasoning” with key questions that judges should consider before and during the use of intelligent tools (risks, bias, proportionality, understanding of the algorithm, and impact on judicial judgment). The article concludes that AI may improve the efficiency of the justice system only when included inside a strong ethical framework and specialized training, guaranteeing that final judicial decisions remain solely human and fully aligned with the rule of law.

Laws doi: 10.3390/laws15020019

Authors: Samuel Postell

This essay considers George Wythe’s essential role in creating American civic education. Wythe is most well-known for his influence on American Law; he was the first teacher of law in America and he wrote pivotal opinions on Virginia’s High Court of Chancery. Nevertheless, his influence on American education and the American Revolution was just as essential to the American Founding. Recovering Wythe’s role in shaping civic education in America is important today, given recent lawmaking decisions to fund civic centers within various states. Wythe and Thomas Jefferson—Wythe’s first student—shaped the College of William & Mary. Inventing American civic education was their aim. This paper explains Wythe’s role as a teacher who created the legal and moral frameworks for American civic education in America. I argue that Wythe’s contributions to American education were just as essential to maintaining self-government as the Revolutionary War was in rendering the colonies independent from Britain.

Laws doi: 10.3390/laws15020018

Authors: Baptiste Jouzier

The Global Compact for Safe, Orderly and Regular Migration (GCM) has been presented as a milestone in embedding migration governance within an international human rights framework. This article critically examines the extent to which this ambition has translated into concrete effects by analysing the Canadian case. Drawing on a legal doctrinal and contextual policy analysis, informed by the concept of mobility facilitation, the article shows that the GCM has had a limited impact on Canadian migration policies. Despite sustained international commitment to the Compact, recent developments reveal a regression in the facilitation of mobility and the protection of migrants’ rights. This regression has not been reflected in Canada’s international reporting, exposing a disjunction between national practices and international positioning and calling into question the GCM’s capacity to generate international accountability. This article argues that the limited effectiveness of the GCM cannot be explained solely by the shortcomings of its implementation and review mechanisms but must also be understood in light of the unfavourable political context. Moving beyond a compliance-centred perspective, it contends that the GCM should also be understood as lending itself to an indirect form of mobilisation, capable of functioning as a counter-narrative to dominant criminalising and securitising approaches.

Laws doi: 10.3390/laws15020017

Authors: Libor Klimek

The enforcement of European Union restrictive measures increasingly relies on criminal law at national level, particularly in response to serious and systematic violations that cannot be effectively addressed through administrative sanctions alone. Directive (EU) 2024/1226 requires Member States to ensure effective, proportionate, and dissuasive criminal penalties for breaches of EU sanctions, including, in defined cases, conduct committed with serious negligence. This article examines the introduction of serious negligence as a new statutory form of culpability in the Slovak Republic, adopted through Act No. 157/2025 Coll. as part of the transposition of Union law. The analysis is based on a doctrinal examination of Slovak criminal law, legislative materials, and relevant EU legal instruments, complemented by a comparative overview of selected Member States. The article demonstrates that the Slovak legislator introduced serious negligence (Slovak: hrubá nedbanlivosť) as a qualified form of negligence in a cautious and narrowly circumscribed manner, limiting its application to a specific offence relating to the breach of a restrictive measure. While this approach strengthens the effectiveness of EU sanction enforcement, it also raises interpretative and practical challenges, particularly in distinguishing serious negligence from ordinary negligence and indirect intent. The article concludes that the Slovak model reflects a balanced attempt to comply with Union obligations while preserving the internal coherence and fundamental principles of national criminal law, with its long-term impact depending on consistent judicial interpretation and restrained application in practice.

Laws doi: 10.3390/laws15020016

Authors: Rory O’Callaghan Casey Watters

Open Banking aims to empower consumers to control their financial data, yet jurisdictions vary in their regulatory approaches. This article examines whether the US should adopt Australia’s statutory Consumer Data Right (CDR) as part of a domestic open banking framework, as open banking is yet to be fully realized under Section 1033 of the Dodd-Frank Act. This study employs a comparative analysis of the economic and institutional differences between the Australian and US systems, with a focus on non-bank lenders and the challenges of legal transplantation. It argues that although Australia’s rights-based model provides a normative foundation for consumer empowerment, its rigid structure and expensive accreditation processes risk limiting participation and innovation. Instead, the paper advocates a hybrid approach for the US, integrating CDR principles into a market-responsive framework.

Laws doi: 10.3390/laws15020015

Authors: Joseph Yaw Asomah Eugene Emeka Dim

Bribery remains prevalent across African countries, yet little is known about how fear of retaliation for reporting corruption interacts with national institutional contexts to shape bribery behaviour. Using Round 9 Afrobarometer data from 42,655 respondents across 39 African states, this study examines how perceptions of reporting risk combine with macro-level conditions of state capture and symbolic law to influence the likelihood of paying bribes. Hierarchical logistic regression results show that individuals who fear retaliation are significantly more likely to engage in bribery, but this relationship is conditioned by institutional strength. High levels of state capture and weak rule-of-law systems intensify the effect of retaliation risk, whereas judicial independence mitigates it. Aspects of symbolic law—judicial accountability, access to justice, and enforcement—further shape how fear translates into corrupt exchanges. The findings demonstrate that reducing bribery requires credible, protective, and functional institutions, not simply increased anti-corruption awareness. The study advances corruption research by integrating behavioural risk perceptions with multi-dimensional measures of institutional weakness, offering a cross-national explanation for when fear becomes behaviourally consequential.

Laws doi: 10.3390/laws15020014

Authors: Zhyldyz Tegizbekova Talgat Sarsenbayev

The paper compares legal mechanisms addressing child cyberbullying in Kyrgyzstan (KG) and Kazakhstan (KZ). Using doctrinal and comparative methods, we analyze statutes, regulations, and institutional practices, along with recent survey evidence on prevalence, reporting behavior, and institutional trust. KZ has established a comprehensive framework: it defines bullying and cyberbullying, imposes administrative liability (including parental liability for minors), strengthens criminal penalties for sustained harassment, implements a rapid content takedown procedure, and mandates school prevention programs with helpline support. KG relies on general protections of honor, dignity, and health; has recently reintroduced administrative fines for online insults and defamation; and issues ministry guidelines on school prevention, but lacks a specific legal definition or unified protocol. We find low trust in school remedies and underreporting in both countries, especially KG, while KZ’s new measures improve visibility and early responses but raise implementation issues (e.g., proof of “systematic” conduct, due-process safeguards for removal, tailored measures for child offenders). Both systems require a balanced mix of sanctions, prevention, and support. We recommend that Kyrgyzstan codify clear definitions and enforcement procedures, and that Kazakhstan refine enforcement, transparency, and restorative options.

Laws doi: 10.3390/laws15010013

Authors: Jason W. Stevens

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.

Laws doi: 10.3390/laws15010012

Authors: Qinqing Xu

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.

Laws doi: 10.3390/laws15010011

Authors: Mohamed Chawki Subhajit Basu Kyung-Shick Choi

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.

Laws doi: 10.3390/laws15010010

Authors: Eliana Díaz-Cruces Camilo Zamora-Ledezma Simone Belli

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.

Laws doi: 10.3390/laws15010009

Authors: Stuart S. Yeh

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.

Laws doi: 10.3390/laws15010008

Authors: Hamiisi Nsubuga

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.

Laws doi: 10.3390/laws15010006

Authors: Sabah M. A. Al Momani

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.

Laws doi: 10.3390/laws15010007

Authors: Phillip Marcial Pinell

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.

Laws doi: 10.3390/laws15010005

Authors: Adam Abukari

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.

Laws doi: 10.3390/laws15010004

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

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.

Laws doi: 10.3390/laws15010003

Authors: Ana Maria Fagetan

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.

Laws doi: 10.3390/laws15010002

Authors: Mohamed Morsi Abdou

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.

Laws doi: 10.3390/laws15010001

Authors: Nicholas T. H. Farr Elliot J. Owen Rohan M. Bhalekar

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.

Laws doi: 10.3390/laws14060099

Authors: Emilie Ghio

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

Laws doi: 10.3390/laws14060098

Authors: Gulzhan Nusupzhanovna Mukhamadieva Akynkozha Kalenovich Zhanibekov Nurdaulet Mukhamediyaruly Apsimet Yerbol Temirkhanovich Alimkulov

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

Laws doi: 10.3390/laws14060097

Authors: Giovanni Fabio Licata

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

Laws doi: 10.3390/laws14060096

Authors: Shilpi Pandey

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

Laws doi: 10.3390/laws14060095

Authors: Gledis Nano Gentjan Skara

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

Laws doi: 10.3390/laws14060094

Authors: Osita Kingsley Odo Stephen Meyers Lilian Ebere Anazube Ijeoma J. Ogu Ijeoma Igwe

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

Laws doi: 10.3390/laws14060093

Authors: Wiwie Heryani Ratnawati Ratnawati Maskun Maskun Amaliyah Amaliyah Andi Muhammad Aswin Anas Muhammad Hasrul Asmunandar Asmunandar Muhammad Surya Gemilang Wafiq Azizah

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

Laws doi: 10.3390/laws14060092

Authors: Ancui Liu

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

Laws doi: 10.3390/laws14060091

Authors: Johnny Sakr

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

Laws doi: 10.3390/laws14060090

Authors: Maria Ambrose Renae Barker

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

Laws doi: 10.3390/laws14060089

Authors: Edmore Tendai Masendeke

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

Laws doi: 10.3390/laws14060088

Authors: Maria Samantha Orozco Menéndez

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

Laws doi: 10.3390/laws14060087

Authors: Rina B. Pikkel Sagit Mor

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

Laws doi: 10.3390/laws14060086

Authors: Olga Sitarz

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

Laws doi: 10.3390/laws14060085

Authors: Kathryn Allinson

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

Laws doi: 10.3390/laws14060084

Authors: Fernando A. Ramos-Zaga

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

Laws doi: 10.3390/laws14060083

Authors: Berkant Akkuş

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

Laws doi: 10.3390/laws14060082

Authors: Nora Honkala

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

Laws doi: 10.3390/laws14060081

Authors: Aaron Herps Paul A. Watters Daniela Simone Jeffrey L. Foster

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

Laws doi: 10.3390/laws14060080

Authors: Tammy Cowart Gregory L. Bock

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

Laws doi: 10.3390/laws14060079

Authors: Yeti Kurniati Abdillah Abdillah

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

Laws doi: 10.3390/laws14050078

Authors: Mary Elizabeth Crock

International law has evolved to oblige states to treat children with disabilities with dignity and respect. Yet, where children with disabilities present as migrants, they face compounding challenges that are both physical and legal. This article explores key issues in general migration, including the discriminatory application of migration health rules, access to citizenship and birth registration, family reunification and access to education. There follows an account of particular challenges that face children with disabilities in forced migration and enforcement settings. The article touches briefly on the identification of disability, the vulnerabilities of these children to human trafficking and harms inherent in immigration enforcement mechanisms. The potential and limitations of protective mechanisms available in international law are explored using selective case studies most relevant to the author’s research work. Drawing on compilations of jurisprudence by university scholars and key not-for-profit organizations, the article includes some reflections on treaty body oversight of state party responses to migration, disability and human rights protection. The overarching aim is to interrogate and critique the operation of international legal mechanisms and the extent to which state practice is compliant with norms of international law. In this respect, the piece aligns with a broader project to improve international law and practice around disability, human rights and displacement.

Laws doi: 10.3390/laws14050077

Authors: Reut Itzkovitch-Malka

This paper examines democratic backsliding through the lens of gender justice, focusing on recent political developments in Israel. Since early 2023, the ruling coalition has advanced a judicial overhaul designed to reduce judicial independence and consolidate executive control. These changes should be understood in tandem with a wave of suggested legislation targeting gender equality, women’s rights, and protections against discrimination in public life, education, and civil services. A qualitative analysis of governmental legislative initiatives reveals a troubling pattern: efforts to erode judicial independence are closely followed by laws that institutionalize gender segregation and undermine gender justice. This sequence reflects a deliberate strategy—first dismantling the legal safeguards, then attacking the rights they once protected. In response, women have played a leading role in Israel’s pro-democracy protest movement, using highly visible, gendered forms of resistance to signal that gender justice is a core democratic concern. The paper concludes that democratic backsliding in Israel is gendered in both its structure and its consequences, and any assessment of its impact must account for its disproportionate harm to women and marginalized communities.

Laws doi: 10.3390/laws14050076

Authors: Einav Perry Gil Rothschild Elyassi Arianne Renan Barzilay

Scholars have long shown that post-separation abuse continues through legal channels and that legal institutions often reinforce existing social relations. Nevertheless, little is known about how abused mothers’ legal experiences shape their understanding of legality and how this dynamic may function to perpetuate coercive control. Drawing on in-depth interviews with 32 Israeli mothers co-parenting with abusive ex-partners, this study offers a phenomenological account of how post-separation abused mothers experience family law proceedings, based on a feminist imperative to bring their voices to center stage. The analysis reveals a dialectical legal consciousness comprising three interconnected orientations—characterized by internal contradictions and tensions that paradoxically serve to maintain rather than disrupt existing power relations: Institutional Trust and Disillusionment in the law’s protective promise, Institutional Asymmetry as experienced from the abused mothers’ perspective, and Recognizing Entrapment—the realization that legal processes reproduce the very dynamics they sought to escape. Abused mothers thus describe a paradoxical relationship with the law of both needing and distrusting a system that mandates continued contact with their abusers. Caught in a second-order abusive relationship, they feel compelled to comply with processes they perceive as harmful. We term this Entrapped Legal Consciousness—a form of legal subjectivity shaped by institutional norms that reconfigure resistance and reinscribe coercive control. This study offers empirical and theoretical insight into how legality may become a mechanism for cultivating continued control.

Laws doi: 10.3390/laws14050075

Authors: Samantha Jeffries Barbara Owen

Pre-trial detention is intended to be a measure of last resort, yet it is excessively applied across jurisdictions worldwide. This paper examines its use, with particular emphasis on its application to women and its incompatibility with international human rights law, standards, and norms. We demonstrate that the inappropriate and widespread use of custodial remand violates fundamental human rights, while exposing the gendered and intersectional barriers that impede women’s access to bail. We further underscore the far-reaching social, economic, and emotional consequences of women’s incarceration. Drawing on a limited but expanding body of research, we argue that pre-trial detention operates as a form of gendered punishment that reflects and reinforces structural inequalities, producing enduring harms for women, their families, and communities. The paper concludes by calling for investment in gender-sensitive, non-custodial, and community-based alternatives that advance women’s decarceration. These measures must be underpinned by reforms that give practical effect to human rights law, standards, and norms, while also addressing the structural conditions that lead to women’s involvement in the criminal-legal system, and ending the unnecessary imprisonment of those who are legally innocent.

Laws doi: 10.3390/laws14050074

Authors: Angus Nurse Elliot Doornbos

In May of 2025, four men were sentenced in a Kenyan court for the attempted smuggling of ants. This case underscores a largely overlooked dimension of global wildlife crime: the trafficking of insects. This article aims to discuss the nature of insect trafficking in legal, criminological, and conservation discourses and to argue for its inclusion in broader debates within environmental justice discourse. Exploring legal and policy dimensions of wildlife trafficking through a green criminological lens, this paper underscores the anthropocentric bias in wildlife protection, which marginalises noncharismatic species despite their ecological importance. It concludes that a shift toward ecological and species justice is necessary, advocating for more inclusive legal definitions, improved enforcement mechanisms, and interdisciplinary research. Recognising insects as victims of environmental harm is essential for developing holistic responses to wildlife crime and advancing the goals of green criminology.

Laws doi: 10.3390/laws14050073

Authors: Aixa Louro de Almeida Sofia Knittel Bárbara Pereira Emma de Thouars da Silva Andreia de Castro Rodrigues

There is little research exploring the grey area of sexual violence (SV), considered in the literature as being a more subtle manifestation of SV, and therefore tending to be trivialized, legitimized, and normalized by society. This study aimed to compare students’ perceptions of the grey area of SV based on the gender of those involved, in a cis-hetero context, as well as potential sex differences in these perceptions. A vignette methodology was employed to gain valuable insights into the topic. The sample consisted of 164 university students living in Portugal, 71.3% (n = 117) female, with an average age of 23 (SD = 5.84). The thematic analysis revealed a central theme, Severity, reflecting participants’ perceptions of the seriousness of sexual violence within the “grey area”. This theme is expressed through four sub-themes: Attribution of severity, referring to how seriousness is assigned depending on context and beliefs; Identifying sexual violence, highlighting difficulties in recognizing certain behaviors as abusive; Frequency, capturing perceptions of how often such situations occur; and Report, addressing the barriers and facilitators to formal reporting. Our results indicated that while some participants minimized the scenario, the majority of the sample considered the situation as somewhat or very serious. Only few participants trivialized subtle forms of SV, perceiving incidents without overt physical force as less severe. Notably, sex differences emerged, despite being in the minority of the sample, female participants were more inclined to recognize these behaviors as abusive and to view the allegations as credible, whereas male participants tended to downplay the severity.

Laws doi: 10.3390/laws14050072

Authors: Prue Vines Kylie Burns

Lump sum compensatory damages awarded through court adjudication are regarded as the proper result of tort personal injury litigation delivering corrective justice to worthy plaintiffs and delivering public statements of moral blameworthiness. In this article, we show that the problem of premature dissipation of lump sum compensation is a problem of ‘private’ tort law and also of the public aspect of private tort law. We argue that the theoretical account that corrective justice for personal injury occurs by the delivery of lump sum damages is heavily compromised by how rarely plaintiffs are likely to receive what might be considered a full measure of damages compared to the wrong and harm suffered. In addition, the reality that those ‘reduced’ damages are delivered via confidential settlement diminishes the public aspects of tort law. We show that the premature dissipation of lump sum damages by injured plaintiffs is a wicked problem caused by many intersecting factors including aspects of tort law (common law and statutory); institutional factors; the impact of early settlement of claims; treatment of legal costs; the interaction between tort law and other systems such as social security; and factors personal to plaintiffs.

Laws doi: 10.3390/laws14050071

Authors: Nikki Chamberlain Michael Legg

The objectives of the class action procedural device and the tort of negligence overlap in that they both seek to compensate victims for their loss and, according to some, they both seek to deter tortfeasor wrongdoing. However, in practice, does the class action procedure facilitate the fulfilment of these dual aims? This article explains how the class action aids compensation and deterrence, but also addresses the significant issues that hinder the class action’s effectiveness in meeting its compensatory and deterrence aims in an Australian and New Zealand context. It concludes by laying the foundation for further research to improve the effectiveness of class actions or by possibly adopting supplementary or alternative remedial/regulatory procedures.

Laws doi: 10.3390/laws14050070

Authors: Christel Querton Iryna Hnasevych

Using the case of persons fleeing armed conflicts, the present article examines the required pre-condition for local integration in the European Union (EU), namely the grant of durable protection. We define durable protection as a form of long-lasting and secure legal status, which entitles its holders to relevant rights and entitlements capable of leading to local integration. The article uses three case studies, namely Ukraine, Sudan and Syria, to evaluate the durability of the EU and its Member States’ responses to international displacement caused by armed conflicts. The article demonstrates how state practice works to shorten deadlines, thereby reducing attachment to the host country. The article criticises the temporal limitation of temporary protection in the absence of long-term durable solutions and the complex legal regime of international protection that may arise as a result. The article concludes that the last decade of refugee protection in the EU, which has been characterised by large influxes of persons fleeing from conflicts in countries such as Syria, Ukraine and Sudan, indicates a tendency for the EU and EU Member States to provide only short-term solutions to displacement. Reduced durability contributes to the weakening of refugee protection in the EU.

Laws doi: 10.3390/laws14050069

Authors: John S. Croucher Rebecca Ward

Jurors play a critical role in the administration of justice, yet their compulsory exposure to graphic and distressing evidence during criminal trials is often overlooked in discussions of mental health and legal reform. This paper investigates the psychological impact of jury service in trials involving murder, domestic violence, sexual assault, and child abuse, where laypeople are required to view autopsy photographs, listen to emergency calls, and assess disturbing testimonies without any formal training or mandatory psychological support. While vicarious trauma, secondary traumatic stress, and moral injury are recognised in research on law enforcement, social work, and healthcare, there is limited acknowledgement that no professional group consistently receives adequate trauma prevention or recovery support. This gap is particularly concerning for jurors, who are laypeople compelled to participate in the justice process. Drawing on legal case studies, psychiatric research, and international precedent, this paper argues that the justice system imposes an invisible emotional burden on jurors while offering limited, inconsistent, and mostly reactive support. Although applicable to many countries, particular attention is given to Australian jurisdictions, where counselling services are sparse and optional, and where juror confidentiality laws restrict therapeutic disclosures. This research also considers the legal and ethical implications of exposing untrained civilians to traumatic material and explores whether the state could, or should, bear legal liability for post-trial psychological harm. Ultimately, this paper calls for the introduction of clearly defined trauma-informed jury procedures, including pre-trial psychological briefings, structured debriefings, and systemic reform, to acknowledge juror well-being as a necessary component of fair and ethical justice.

Laws doi: 10.3390/laws14050068

Authors: Femke M. Ruitenbeek-Bart Arno J. Akkermans

With their traditional focus on financial compensation, tort law systems worldwide struggle with the adverse effects the claims resolution process can have on victims of personal injury. It has therefore been argued that tort law systems should be more emotionally intelligent and more mindful of the non-financial needs of victims. In this debate, the perspective of the wrongdoer has been largely neglected. Drawing from empirical research on the personal experiences of wrongdoers in the Dutch personal injury practice and building on theories of procedural and restorative justice, this contribution argues that, to optimize the societal value of tort law systems, attention should be paid to the wrongdoer’s perspective. A tort law system that lacks sufficient opportunity for wrongdoers to personally make amends is deficient both in terms of morality and justice, as it deprives both victims and wrongdoers of a chance at emotional and moral recovery from the injurious event. We therefore believe this represents a shared future for all of us: towards restorative tort law.

Laws doi: 10.3390/laws14050067

Authors: Whittney Barth

The unfolding story of AI is just as much a story about us as it is about technology, and the complete arc of this story remains to be seen. Commentators are urging humans to engage in proactive dialogue to shape that story. Some religious actors (encompassing both organizations and individuals) are choosing to engage. This Article argues that, in doing so, these religious actors act as friction creators in the discussion and development of AI tools, ethics, and regulation. Drawing on the concept of friction from different disciplines, including scholarship from law, civic design, and anthropology, this Article explores how religious actors infuse into this dialogue insights and commitments that often run counter to prevailing assumptions that often overlook concerns for human dignity, transparency, and concern for human rights, among other values.

Laws doi: 10.3390/laws14050066

Authors: Amelia Cahyadini Prita Amalia Fahriza Fahriza

Digital transformation has been accelerating the development of the global tax landscape, giving multinational companies the potential to generate revenue from certain jurisdictions without any physical presence in the relevant countries. This condition has triggered global initiatives aiming to prevent cross-jurisdictional tax evasion through the Global Minimum Tax (‘GMT’) consensus. This study will discuss how tax incentive policies in Indonesia can face the challenges brought by GMT while guaranteeing a good business climate for foreign investors. A normative research method alongside a descriptive and comparative approach will be used to analyze regulations and tax policies on investment in Japan and Vietnam, highlighting learning opportunities for Indonesia. The results of our research show that Japan and Vietnam still use tax incentives as a means to attract foreign investors, but only as additional factors. In contrast, the a quo condition in Indonesia shows an attachment to tax incentives as the main stimulus of investment, despite Indonesia’s natural resources, human resources, and existing markets having the potential to become the main capital drawing interest from foreign investors. Furthermore, the adoption of GMT in Indonesia is currently at the ministerial regulation level and is still considered insufficient, since it is not in line with the hierarchy of law, both in terms of legal norms and the principle of legality in taxation. Thus, Indonesia needs to immediately shift its focus to alternative incentives and ensure the integration of GMT into the national law through the reformation of policies and rules and regulations concerning taxation and investment.

Laws doi: 10.3390/laws14050065

Authors: Yu Peng Xinyi Han Yanglian Ye Rongyu Fan

The advent of remote control and autonomous technologies is fundamentally transforming ship manning models, necessitating adaptations in seafarer standards for L2-class autonomous vessels. To address these challenges, the International Maritime Organization’s (IMO) Maritime Safety Committee (MSC) is developing a non-mandatory Code for Maritime Autonomous Surface Ships (MASS). This paper first conducts an in-depth analysis of the immutable legal obligations and variable technical standards governing seafarer manning for L2 autonomous ships, drawing on the China Classification Society’s (CCS) Rules for Intelligent Ships. It then scrutinizes the international legal barriers confronting CCS manning requirements, particularly concerning remote operator qualifications. The study focuses on aligning China’s regulatory framework with emerging IMO standards and proposes four targeted reforms to facilitate this alignment for L2 vessels: broadening the “seafarer” definition, updating minimum manning principles and procedures, modernizing competency standards, and establishing inclusive operational testing systems.

Laws doi: 10.3390/laws14050064

Authors: Jo Wilding

In this article, I argue that the state creates legal advice deserts in immigration and asylum by designing law and policy which drive up legal need, driving down provision through unfavourable conditions for providers, and by placing people in need into areas from which they have no realistic prospect of accessing legal advice and representation. I draw on frameworks of spatial justice and of demand to analyse the impact of the legislative and policy developments in the Special Issue’s focal period of 2022–24 on legal aid in each of the UK’s three legal aid systems: England and Wales, Scotland, and Northern Ireland. The legislative changes included introducing new stages into asylum law, which created new legal needs. Policy changes drove a wholesale geographical shift in demand as all local authorities in the UK (except Scilly) now host people in the asylum process. The changes depended upon the involvement of legal aid lawyers in order to be workable, but the marketised model of legal aid provision in England and Wales, and the low-paid laissez faire model in Northern Ireland, are fundamentally incompatible with that demand. I conclude by arguing that legal aid cannot be an afterthought. Asylum policy should be shaped to reduce failure demand, while legal aid policy should be funded and designed so as to pay for the necessary provision, with interventions to remove the spatial inequalities in access to (legal) justice.

Laws doi: 10.3390/laws14050063

Authors: Rossella Pulvirenti

This article argues that the asylum policy and legislative changes introduced by the UK government in the years 2022–2024 altered the original meaning of the concept ‘safe country’ as understood in international and EU law. The UK modified this concept, which from a solidarity concept became a means of exclusion, and which negatively affects the lives and rights of people seeking asylum in the UK. Using a doctrinal approach, the first part of this article sets the legal and historical context of the concept ‘safe country’. Departing from the analysis of the Refugee Convention, the article discusses how this mechanism was used by the EU legislation. From an idea of solidarity among EU Member States, it shifted from responsibility-sharing to burden-sharing while still allowing some guarantees to people seeking asylum. Using content analysis, the second part of this article evaluates the legal requirements set by the UK legislation together with implications of applying the ‘safe country’ concept to the asylum claims. It argues that, in recent years, the UK Government used the term ‘safe country’ as synonym of two (possibly three) different concepts, such as ‘first safe country’ and ‘safe third country’. It also shifted and pushed its meaning beyond the current commonly agreed interpretation of the term because it eroded the requirement of a link between the person seeking asylum and the ‘safe country’. Thus, the UK legislation deviated even further from the rationale underlying the Refugee Convention, international human rights standards and EU legislation because it passed the obligation to assess asylum claims to states with no link to people seeking asylum and without adequate risk assessment. The final part of this article discusses the limit to this policy and analyses the legal battle between the UK Parliament, the Government’s executive power, the UK Supreme Court and the Belfast High Court, which barred the UK Government from deporting people seeking asylum to a third country. This article concludes that there is some irony in the fact the term ‘safe country’ has been weaponised as a bordering tool by the UK Government, but ‘a border’ between the Republic of Ireland and Northern Ireland is limiting the negative effect of the concept ‘safe country’ on the very same people that is attempting to exclude from protection.

Laws doi: 10.3390/laws14050062

Authors: Joel Platt

Utilising Arendt’s ‘right to have rights’ thesis not only as an observation on citizenship but as an intrinsic eligibility and political opportunity for the stateless, this paper outlines how the Nationality and Borders Act 2022 and Illegal Migration Act 2023 do not merely continue the general trend of criminalising migrants but take the further step of socially distancing the securitised migrant object. The recent legislation provides that those who arrive in the UK via ‘irregular means’ (i.e., small boats) will likely have their asylum claims deemed ‘inadmissible’. The lack of a ‘negotiated settlement’ in the asylum complex has been well noted; however, the systematic prejudgement and consequent bureaucratic social distancing inherent in the new legislation now threatens to remove even the prospect of negotiation. The means of arrival instantly proving decisive precludes the possibility for asylum seekers to present evidence that they are genuine refugees, and, with it, the politico-legal space and opportunity for the ‘irregular’ person to generally make themselves seen and heard is maliciously obstructed. The result is not just the denial of humanity and concomitant human dues (rights), but a distinct move towards denial of even the possibility of humanity (the right to have rights). Such works to distance system administrators from issues of vulnerability, assuredly direful consequences, and humanness itself, as is essential for the expansion of a system where basic human rights are so lacking.

Laws doi: 10.3390/laws14050061

Authors: Ionuț Bogdan Berceanu Mihaela Victorița Cărăușan Alina Zorzoană

This study examines the evolution of the European Union’s regulatory framework addressing energy market manipulation, focusing on recent amendments introduced by Regulation (EU) 2024/1106 (REMIT II) to the original REMIT—Regulation on Market Integrity and Transparency (EU) No. 1227/2011. Employing logical interpretation and comparative legal analysis, the paper explores the rationale and challenges of developing a proportionate yet dissuasive sanctioning regime for acts of market manipulation. The study commences with a comprehensive overview of manipulative practices within energy markets and the legal thresholds they must meet to fall under REMIT. A critical evaluation of the role of the European Union Agency for the Cooperation of Energy Regulators (ACER) is conducted, with particular attention to its updated guidelines following the revision of the REMIT regulation. A particular emphasis is placed on the evidentiary standard that is required to establish manipulation, a matter of particular significance in the context of enforcement. The comparative section analyses REMIT and REMIT II, identifying significant legal innovations and the regulatory intent behind them. The study highlights the need for enhanced legislative harmonization among Member States and strengthened coordination among national regulators under ACER. It is noteworthy that Romania has proactively aligned its policies with those of REMIT II, a development that is presented as a case study and a call for more widespread implementation. This analysis contributes to the existing body of knowledge in academic discourse since this topic has not been widely covered in the literature, despite the heightened relevance of energy market regulation in the current European context.

Laws doi: 10.3390/laws14050060

Authors: Shu-Hong Lin Yu-Cheng Wang

The Marine Pollution Control Act (MPCA) in Taiwan aims to align with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil Liability for Oil Pollution Damage (CLC), the International Oil Pollution Compensation Funds (FUNDs), and the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM). However, Taiwan’s particular international status prevents formal participation in these treaties. This study evaluates Taiwan’s legal and institutional frameworks on ship emission control, pollution liability and compensation, and interagency coordination, identifying key gaps compared with global standards. By analyzing Japan’s and South Korea’s best practices in port management, cross-border pollution prevention, and vessel monitoring, this study proposes legal and policy reforms that are tailored to Taiwan. Recommendations include strengthening liability mechanisms, enhancing interagency collaboration, monitoring vessels, and fostering regional cooperation. Our findings suggest that these reforms will improve Taiwan’s marine environmental governance and contribute to regional and global ocean sustainability.

Laws doi: 10.3390/laws14040059

Authors: Jessica Kerr Robyn Carroll

Apologies can offer solace and compensate for intangible and emotional harm in social and legal contexts. In some areas of law, an apology offered by a defendant will be factored into the assessment of damages awarded to vindicate the plaintiff’s rights and compensate for loss. This is the case in Australia, the jurisdiction primarily considered in this article, and in many other jurisdictions. There is a danger, however, of assuming that because apologies are compensatory in some sense, they can be used as a basis to reduce damages in tort law more generally. Even though general damages for non-pecuniary loss in fault-based torts are incommensurate to a monetary amount, they are still intended to compensate for actual loss. Empowering defendants to reduce their damages exposure by apologizing might incentivize meaningful apologies which are valued by plaintiffs. It might also create perverse incentives for plaintiffs and defendants alike, further unbalancing a system in which plaintiffs are already at risk of under-compensation. And it raises uncomfortable questions of evidence, reciprocity, agency and expertise which are yet to be fully explored. We argue for these reasons that it is not currently defensible to reduce an award of general damages for negligence, especially for personal injuries, on the basis of an apology by the defendant.

Laws doi: 10.3390/laws14040058

Authors: Wendy Elizabeth Bonython

Moral injury is a discrete form of harm affecting individuals as a potentially avoidable consequence of exposure to a morally injurious event. That injury (independent of psychological injury or illness) has been identified as a cause of physical symptoms, suicide and suicidality. Originally identified within military and veteran cohorts, it is observable in emergency responders, healthcare providers, human rights advocates and others. Its aetiology suggests that other groups where the potential for tensions between personal morals, professional ethics and occupational activities arises (such as whistleblowers, law enforcement personnel and lawyers) may be at risk. Despite increasingly diverse evidence identifying moral injury as a substantive harm with significant consequences, the legal options for redress are unclear. This article explores whether requirements for establishing a duty of care as a precursor to a negligence claim are likely to pose an insurmountable obstacle for plaintiffs, including in the context of employer–employee duty relationships. It concludes that despite popular perceptions that negligence law is unlikely to be able to accommodate moral injury claims, a closer reading of key judgments indicates that there are opportunities for it to potentially be recognised as a harm on a principled basis—consistent with existing jurisprudence and legislation—for the purposes of establishing a duty of care. In the event that normative claims for its recognition are resisted, the justification for that resistance must be found outside historical development of legal principles from case law.

Laws doi: 10.3390/laws14040057

Authors: Anthi Gaidartzi Irini Stamatoudi

Artificial intelligence (AI) is transforming the creative landscape and challenging traditional copyright frameworks historically focused on human authorship. As AI-generated works become increasingly common, legal systems worldwide are confronted with urgent questions about originality, ownership, and liability. While most jurisdictions adhere to the principle of strict human authorship, a growing trend toward more flexible policies recognizes the transformative potential of these technologies in the creative sectors. This paper examines the complexities and ambiguities of the current copyright systems regarding art created by AI, highlighting the varied international legal approaches and the philosophical discussions surrounding authorship and creativity.

Laws doi: 10.3390/laws14040056

Authors: Lisa Waddington

The post-pandemic world has seen a large shift to hybrid working, including for staff at European universities. Under the UN Convention on the Rights of Persons with Disabilities, European Union law, and the related non-discrimination law of the EU Member States, employers are obliged to provide reasonable accommodations to staff members with a disability, including allowing them to work on a hybrid basis and providing additional support to facilitate this where this is needed for a disability-related reason. Hybrid working potentially offers a number of advantages for persons with disabilities, including increased flexibility and autonomy, reduced need for commuting, and generally allowing staff to arrange their work around health-related limitations. Universities now usually have policies on hybrid working. This article considers whether and how hybrid working policies at seven European universities address the specific situation of persons with disabilities. It reveals a diversity of approaches, including policies in which staff with disabilities are ‘invisible’ and policies that pay significant attention to ensuring that staff with disabilities are able to benefit from hybrid working and are provided with suitable accommodations. It argues that university hybrid working policies should address the situation of staff with disabilities and make explicit links with the duty to provide reasonable accommodation.

Laws doi: 10.3390/laws14040055

Authors: Jennifer Sarah Schulz

The agony of medical negligence for all involved is well documented. Health practitioners involved in harm events are described in the literature as “second victims”. Injured patients report that clinical negligence litigation is traumatic, slow, expensive, and does not meet their needs. Clinical negligence lawyers have complained that healthcare injury cases are so complex and expensive that many firms do not accept these cases. This article uses a qualitative case study research design to analyse two cases from the United States of America (US) to explore the promise of an alternative resolution process: the communication-and-resolution program (CRP). CRPs involve the hospital disclosing the healthcare injury, investigating and explaining what happened, apologising and, sometimes, offering compensation to injured patients and families. In the US, CRPs have not replaced tort law. The two case studies analysed in this article offer a rare insight into the accounts of those who have experienced clinical negligence and an alternative non-litigation approach. The case study approach delves into the detail, providing an in-depth glimpse into the complexity of healthcare injuries in their real-life context. The case studies provide valuable lessons for reshaping resolution processes to better meet injured patients’ needs.

Laws doi: 10.3390/laws14040054

Authors: Jinghui He Zhenyang Zhang

This study explores the challenges and theoretical transformations that the widespread application of AI technology in social governance brings to the protection of citizens’ fundamental rights. By examining typical cases in judicial assistance, technology-enabled law enforcement, and welfare supervision, it explains how AI characteristics such as algorithmic opacity, data bias, and automated decision-making affect fundamental rights including due process, equal protection, and privacy. The article traces the historical evolution of privacy theory from physical space protection to informational self-determination and further to modern data rights, pointing out the inadequacy of traditional rights-protection paradigms in addressing the characteristics of AI technology. Through analyzing AI-governance models in the European Union, the United States, Northeast Asia, and international organizations, it demonstrates diverse governance approaches ranging from systematic risk regulation to decentralized industry regulation. With a special focus on China, the article analyzes the special challenges faced in AI governance and proposes specific recommendations for improving AI-governance paths. The article argues that only within the track of the rule of law, through continuous theoretical innovation, institutional construction, and international cooperation, can AI technology development be ensured to serve human dignity, freedom, and fair justice.

Laws doi: 10.3390/laws14040053

Authors: Brigid Flaherty Staab

Justice Joseph Story’s Commentaries on the Constitution of the United States (1833) have long been regarded as the scholarly source for a nationalist account of the U.S. Constitution in Antebellum America. Yet recent scholarship has questioned whether the Commentaries should be viewed exclusively as a work of legal scholarship. This article reinterprets Justice Story’s three-volume work as a project of civic education during a period of political and constitutional uncertainty. Written during the Nullification Crisis and in the wake of codification efforts, Justice Story presents his Commentaries for the use of the American public, providing them, and not exclusively lawyers and judges, with a source to support a popular conception of American constitutionalism. Story’s project of civic education is clearly shown by his personal efforts to abridge his Commentaries on three separate occasions to ensure the wide distribution of the work to Americans of different ages, groups, localities, and levels of education. As such, this article offers Justice Story as a guide to contemporary judges who seek to engage in civic education projects.

Laws doi: 10.3390/laws14040052

Authors: Charlotte M. Davies

Environmental crime has been increasingly recognised as transnational organised crime, but efforts to build a coherent and effective international response are still in development and under threat from shifts in the funding landscape. This mixed methods study addresses the role of one significant group of actors in environmental crime enforcement, which are non-governmental organisations (NGOs) who gather intelligence that can be shared with law enforcement and regulatory agencies. The study compares their intelligence practices to findings from traditional intelligence sectors, with a focus upon criminal justice and policing. The research generated quantitative and qualitative data from NGO practitioners, which is integrated to discern three overarching themes inherent in these NGOs’ intelligence practices: the implementation of formal intelligence practices is still underway in the sector; there remains a need to improve cooperation to break down silos between agencies and NGOs, which requires an improvement in trust between these entities; the operating environment provides both opportunities and challenges to the abilities of the NGOs to deliver impact. The study concludes by positing that the characteristics of NGOs mean that this situation constitutes ‘green intelligence’, contextualising intelligence theory and highlighting areas in which agencies can further combat environmental crime.

Laws doi: 10.3390/laws14040051

Authors: Dick Houtzager Edwin Luitzen De Vos

This article examines the accessibility of public space for individuals with disabilities in the Netherlands, as well as the relevant legal frameworks intended to promote accessibility. It discusses the Convention on the Rights of Persons with Disabilities (UN CRPD) and efforts to implement its provisions at the local level. The article first provides an overview of Dutch legislation and regulations concerning accessibility in public spaces. It then presents an analysis of the experiences of individuals with disabilities in navigating streets and pavements in two Dutch cities, Utrecht and Almere. The central question is to what extent equal participation in public space has been realised. The findings indicate that national legislation remains inadequate in addressing the accessibility of streets and pavements. Despite the constitutional amendment in January 2023, which prohibits discrimination on the grounds of disability, substantive equality is largely dependent on the individual policies and bylaws of the 342 municipalities. The involvement of individuals with disabilities in shaping the inclusive use of public space is therefore crucial at the local level. This article highlights local initiatives that have successfully drawn the attention of municipal policymakers and civil servants to the importance of accessible streets.

Laws doi: 10.3390/laws14040050

Authors: Zlatan Meskic

This study focuses on the position of civil law research in the Web of Science (WoS) and Scopus scientific databases. Two of the most reputable university rankings, the Shanghai Ranking of World Universities (Shanghai University Rankings) and the Times Higher Education rankings, evaluate the quality of research on the law subject matter directly based on its position in the WoS and Scopus, respectively. This study shows that there are only 13 civil law journals in WoS, while the situation is only slightly better in Scopus. That is why the civil law colleges are ranked much lower in the Shanghai rankings and still very low in the Times Higher Education rankings. This study, in particular, indicates that there are a low number of civil law journals published in languages other than English. Thereby, the most important civil law journals are excluded from the evaluation, and the rankings of civil law colleges are not accurate. The study further focuses on the number of journals included in the WoS and Scopus in a specific area of civil and commercial law. It shows that several core legal areas of civil and commercial law either are not covered at all in WoS and Scopus or are available in very few journals that publish legal research only in the English language. It further reveals that very few languages other than English are represented in WoS and Scopus in the civil law area, and some important civil law nations are not represented by a single law journal publishing in their official languages. This research aims to provide suggestions for university rankings and academic databases on how to evaluate civil law research more appropriately.

Laws doi: 10.3390/laws14040049

Authors: Trajce Cvetkovski Neville Weston

This article examines the level of inconsistency in work, health and safety (WHS) laws across Australia’s mining sector. Despite general efforts towards national harmonisation through model WHS legislation, significant inconsistencies persist because individual states and territories retain primary regulatory control. A critical analysis of each jurisdiction’s legislative framework reveals a fragmented legal landscape. Queensland, especially, exhibits notable divergence. Key findings highlight a considerable variation in legislative approaches to risk management principles and specific obligations. In particular, a disjointed and incremental approach to serious offences such as industrial manslaughter and provisions concerning imputed conduct are evident. These inconsistencies suggest that corporations operating in multiple Australian mining regions must develop a nuanced understanding of the varying WHS requirements in each jurisdiction. This study underscores the need for caution when assessing risk management strategies aimed at preventing serious incidents because the presumption of a harmonised system can be misleading, especially concerning mining-specific legislation.

Laws doi: 10.3390/laws14040048

Authors: Adeshola Akintobi Sabine O’Hara Elgloria Harrison John Brittain

Fifty million Americans, nearly 15% of the population, live below the federal poverty level, often facing civil legal issues without representation. Historically Black Colleges and Universities (HBCUs) have long served as economic engines and vital resources for their communities. HBCU law schools uphold this legacy by preparing students for legal careers while instilling a commitment to service, particularly for underserved citizens who lack access to quality legal representation. This research examines the dual mission of HBCU law schools—educating students and serving local communities—through a systematic document analysis of publicly available materials and literature on law school clinical programs. The findings identify four key community performance indicators that define the community impact of HBCU law schools: advocacy, engagement, client outcomes, and representation. These indicators reflect a shared commitment across all institutions to addressing systemic inequities through clinical legal education, reinforcing the role of HBCU law schools as both training grounds for future attorneys and essential pillars of justice in their communities.

Laws doi: 10.3390/laws14040047

Authors: Mutaz Abdulaziz Alkhedhairy

The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key PDPL objectives? (2) How does this legislation compare with privacy–data protection approaches adopted in other jurisdictions (notably the European Union General Data Protection Regulation 2016 (GDPR))? and (3) Does the PDPL achieve a reasonable, workable balance between personal data protection (‘data subjects’ interests) and risks associated with personal data being shared with KSA insurers? The analysis confirms that these PDPL measures appear sound, but a definitive assessment of the ‘balance’ objectives highlighted here requires ongoing attention—three years of PDPL use is an insufficient basis to reach final conclusions regarding PDPL fitness for purpose. However, a tentative ‘soundness’ conclusion has reasonable support when the relevant authorities are collectively assessed, particularly regarding the treatment of personal data by KSA insurers in the context of personal insurance policies.

Laws doi: 10.3390/laws14040046

Authors: Leo S. F. Lin

The rapid rise of AI-driven cybercrime and deepfake fraud poses complex organisational challenges for US law enforcement, particularly the Federal Bureau of Investigation (FBI). Applying Maguire’s (2003) police organisation theory, this qualitative single-case study analyses the FBI’s structure, culture, technological integration, and inter-agency collaboration. Findings underscore the organisational strengths of the FBI, including a specialised Cyber Division, advanced detection tools, and partnerships with agencies such as the Cybersecurity and Infrastructure Security Agency (CISA). However, constraints, such as resource limitations, detection inaccuracies, inter-agency rivalries, and ethical concerns, including privacy risks associated with AI surveillance, hinder operational effectiveness. Fragmented global legal frameworks, diverse national capacities, and inconsistent detection of advanced deepfakes further complicate responses to this issue. This study proposes the establishment of agile task forces, public–private partnerships, international cooperation protocols, and ethical AI frameworks to counter evolving threats, offering scalable policy and technological solutions for global law enforcement.

Laws doi: 10.3390/laws14040045

Authors: Karen McGuffee Tammy Garland Sherah L. Basham

The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and the frequent dismissal of cases due to mootness. Analyzing key Supreme Court decisions and lower court rulings, we highlight the inconsistencies and delays that arose when addressing First Amendment challenges to pandemic-related restrictions. Arguments for procedural reforms, including expedited hearings and avoiding mootness dismissals in cases of national importance, are provided to protect fundamental rights during future public health crises.

Laws doi: 10.3390/laws14040044

Authors: Weimin Shi Ruiyu Geng Hanbin Wang

This article explores the persistent issue of assaults on medical staff in China that are unrelated to malpractice, which exacerbate tensions in doctor–patient relationships. These conflicts are primarily fueled by factors such as the disparity between doctors and patients, unequal distribution of medical resources, and inadequacies in the legal protection system. Drawing on Foucault’s micro-power theory, this research proposes a tripartite governance model that includes reconfiguring medical resources through public–private partnerships, implementing proactive legal mechanisms such as hospital-embedded policing systems, and establishing mandatory protocols for treatment explanations to reduce information asymmetry. The article also highlights the importance of medical conflict mediation systems to effectively resolve disputes and ensure satisfaction for all parties involved.

Laws doi: 10.3390/laws14040043

Authors: Li You Han Luo

The emergence of generative AI presents complex challenges to existing copyright regimes, particularly concerning the large-scale use of copyrighted materials in model training. Legal disputes across jurisdictions highlight the urgent need for a balanced, principle-based framework that protects the rights of creators while fostering innovation. In China, a regulatory approach of “moderate leniency” has emerged—emphasizing control over downstream AI-generated content (AIGC) while adopting a more permissive stance toward upstream training. This model upholds the idea–expression dichotomy, rejecting theories such as “retained expression” or “retained style”, which improperly equate ideas with expressions. A critical legal distinction lies between real-time training, which is ephemeral and economically insignificant, and non-real-time training, which involves data retention and should be assessed under fair use test. A fair use exception specific to AI training is both timely and justified, provided it ensures equitable sharing of technological benefits and addresses AIGC’s potential substitutive impact on original works. Furthermore, technical processes like format conversion and machine translation do not infringe derivative rights, as they lack human creativity and expressive content. Even when training involves broader use, legitimacy may be established through the principle of technical necessity within the reproduction right framework.

Laws doi: 10.3390/laws14040042

Authors: Qing Zhao Xuexin Yi Ming Jing

Addressing the illegal, unreported, and unregulated (IUU) fishing in the water beyond its jurisdiction poses a significant challenge for China as it aims to establish itself as a responsible participant in global fishing governance. Inadequate regulation and enforcement largely contribute to the increase in the suspected illegal fishing by Chinese vessels, fishing enterprises, and crew members. In 2020, China revised the RDWF (2020) to address the growing issues of IUU fishing. This study aims to evaluate the effectiveness of the RDWF (2020) in addressing China’s IUU fishing in distant water. This paper concludes that RDWF (2020) represents an incremental advancement in China’s initiatives to eliminate IUU fishing. RDWF (2020) emphasizes the government’s responsibilities in regulating vessel quantities and ensuring accurate reporting. Furthermore, RDWF (2020) adopts measures to fulfill China’s responsibilities under RFMOs. Additionally, RDWF (2020) expands the roster of operators liable for penalties and delineates IUU fishing activities that necessitate sanctions. Ultimately, RDWF (2020) develops an evaluation system to monitor compliance with anti-IUU fishing obligations as stipulated by international treaties and Chinese laws and regulations. However, RDWF (2020) encounters limitations that may impede its effectiveness in addressing IUU fishing, such as the lack of responsibilities assigned to administrative bodies, insufficient penalties for serious IUU fishing activities, and inadequate compliance with international standards for sustainable fishing. This paper provides policymakers specific recommendations for improving the identified areas of RDWF (2020) and offers insights for distant-water fishing nations that are grappling with significant IUU fishing issues to make gradual improvements in combating IUU fishing.

Laws doi: 10.3390/laws14030041

Authors: Gergely Ferenc Lendvai Gergely Gosztonyi

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.