- Article
The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecution’ based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion....
The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecution’ based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion....
This paper uses the concept of ecological civilization (EC) that has been developed within China and is now promoted within the framework of the Belt and Road Initiative (BRI). The paper critically examines the suitability of China’s environmen...
The article examines the issue of abduction and kidnapping in the modern world. This issue is analyzed in two legal systems: the canon law of the Latin Rite Catholic Church and Polish penal law. The choice of these two systems aims to highlight the c...
Law has failed to address the ever-deepening socio-ecological crisis of the Anthropocene. In the light of, and as a response to, law’s failures in this respect, this paper argues in support of developing a new legal paradigm for the Anthropocen...
Currently, the debate over whether the State’s relationship with religion should be regulated by common law or special law is being reconsidered in somewhat different terms. On the one hand, regardless of the State–religion relationship m...
‘Vulnerability’ is flooding EU asylum law. Based on the analysis of the ECtHR’s case-law in deportation cases, the EU Directives’ provisions towards ‘vulnerable’ asylum applicants, and their implementation in the d...
This article highlights a dilemma that we face when we turn to new tools that promise to improve on law’s imperfect governance. On the one hand, our discontent with law’s governance is both broad and deep, and much of it is rooted in the...
Environmental laws and policies have saved some “trees”, but the “forest” is being lost as critical global issues including climate change, biodiversity loss, and our ecological footprint continue to worsen. Existing laws and policies mitigate the ec...
This contribution lays bare the structure of EU food law as it appears from scholarly analysis at Wageningen University in the Netherlands. The structure of EU food law can be used as a framework for teaching, application, further analysis and compar...
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 mo...
The present article discusses and analyses the role and contribution of International Maritime Dispute Settlement Bodies in sustainable fishery governance. From a maritime dispute settlement perspective, the discussion on preserving marine biodiversi...
This article charts the legal and technological developments that have enabled nonhuman systems, such as artificially intelligent software, to take actions that have significant consequences under private law, such as the making of contracts, the man...
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engag...
The legal nature of extinctive prescription, whether it operates on the substantive right or merely on the faculty to bring suit, remains contested in civil law and acquires heightened stakes in private international law, where its characterization d...
Although some attempts have been made to elucidate the relationship between law-based governance and housing prices, the existing literature still provides limited knowledge about the mediating mechanisms through which law-based governance correlates...
Many have decried the state’s underenforcement of animal welfare legislation because of the direct negative effects on animal interests. This article will advance the argument that such underenforcement has a much deeper societal effect because...
In common law, the “termination” of a contract entails several consequences, particularly on the basis of the context where such a term is used and, from a linguistic perspective, depending on the words that accompany it (e.g., “ter...
Environmental protection is mainly the focus of environmental law in China, but as China has started to pursue ecological civilization, its civil law has begun to respond to environmental problems as well, which is called the “greening of civil...
Researchers and responsible officials have made considerable progress in recent years in efforts to anticipate, plan for, and respond to drought. Some of those efforts are beginning to shift from purely reactive, relief-oriented measures to programs...
International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality withi...
Artificial intelligence and algorithmic decision-making causes new (technological) challenges for the normative environment around the globe. Fundamental legal principles (such as non-discrimination, human rights, transparency) need to be strengthene...
The rise of populism represents a threat to constitutionalism, democracy, and the rule of law. Populist governments are a threat to the international legal order and to the authority of international legal agreements. This article will, therefore, lo...
The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a m...
The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this a...
Emerging technologies and the so-called information and communication technologies (ICT or IT) are transforming society, interpersonal relationships, and our way of understanding the world and, by extension, also law and the legal profession. Emergin...
In an age of fear, insecurity, and multiple and overlapping crises, the fortunes of ESG—the idea that companies should include environmental, social, and governance standards of good performance—are now steadily growing. This is all the t...
As global advancements accelerate, modernisation and technological developments are transforming the ocean sector, bringing new opportunities while also posing significant challenges. Nevertheless, these developments have exposed gaps in the existing...
The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition law. It also has the authority to establish procedu...
This paper discusses how large law firms should re-organize themselves to maintain a competitive edge in the increasingly digitalized legal field. While providing a brief historical introduction to the rise of large law firms and the challenges posed...
The promotion and implementation of carbon neutrality against peaking carbon dioxide emissions urgently need the support of science and technology and the backing provided by a guarantee of rule of law. The proposition, logic, and progression of digi...
It is important to underline that the history of Canon Law has a specific significance, even considering the methodological opportunity to find and to reconsider documents, periods, and personalities in order to modify and to enhance already acquired...
This paper shows that the logical properties of constraints imposed by law are fundamentally different from other constraints considered in economics such as budget constraints and bounded rationality constraints, such as the ones based on inattentio...
An important body of quantitative linguistics is constituted by a series of statistical laws about language usage. Despite the importance of these linguistic laws, some of them are poorly formulated, and, more importantly, there is no unified framewo...
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 Tim...
This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in...
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 ex...
Indigenous Peoples associate their own laws with the laws of the natural world, which are formally known as or translated as Natural or First Law. These laws come from the Creator and the Land through our ancestral stories and therefore, they are sac...
The study’s relevance stems from the wider and more active use of shared workstations and the increasing demand for an adequate civil law assessment of contractual co-working relations. The research goal was to identify and, using the analogy, evalua...
This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including human...
The Web of Data, the Internet of Things, and Industry 4.0 are converging, and society is challenged to ensure that appropriate regulatory responses can uphold the rule of law fairly and effectively in this emerging context. The challenge extends beyo...
Genealogy has shifted from the private domain of family history to a central mechanism in law and governance. This article examines how genealogical claims are used as evidence in three critical domains: citizenship, inheritance, and indigenous recog...
Ecological and resource-related challenges increasingly require reconsideration of private-law categories. This article examines Article 9 of the Chinese Civil Code, the so-called Green Principle, as a heuristic tool for identifying the dogmatic effe...
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. D...
The Chinese government has continuously stressed the Chinese model and its characteristics for national economic governance. As a result, it is worth studying the effect of China’s rule of law on the government’s sustainable economic mana...
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 thi...
The Turkish Civil Code of 1926, received from Switzerland, established a secular family law resting on numerus clausus and a broadly mandatory structure; yet mahr, an institution of Islamic family law, has persisted in social practice and, since the...
This article examines how international law in form of treaties deals with the intersection of the three concepts. Our hypothesis is that international law, in the form of treaties, has been reluctant to engage with national security when dealing wit...
This article examines the comparative method in environmental law through a systematic bilateral analysis of the foundational environmental protection laws adopted in Ukraine in 1991 and in Lithuania in 1992. The overarching aim is to contribute to t...
The paper examines the impact of GDPR on the canonical regulations established by the National Episcopates of EU Member States in accordance with Article 91, paragraph 1 GDPR. It also focuses on the canonical models of protection for the right to goo...
This essay aims to reveal the relationship between sophistry and law in a twofold direction: on one side, how the development of ancient Greek law influenced sophistry’s production, and on the other, how and to what extent the knowledge and ski...
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