Search Results (765)

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

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. Full article

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. Full article

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. Full article

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. Full article

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. Full article

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. Full article

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. Full article

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. Full article

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

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

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

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

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

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