Search Results (101)

In an era prioritizing sustainability, the energy sector plays a pivotal yet complex role in shaping future development. Its transition is strongly influenced by legal and decision-making frameworks, which require adaptation to rapidly changing technological and market conditions. This article investigates national and international legal structures that regulate and facilitate the transformation toward sustainable energy systems. A Systematic Literature Review, complemented by a Classical Literature Review and bibliometric mapping using VOSviewer, is used to identify and visualize key research areas at the intersection of energy policy, environmental law and managerial decision making. The analysis reveals a fragmented legal landscape structured around six main thematic clusters, covering core energy markets, environmental regulation, comparative legal analyses, efficiency and commerce, digital transformation and energy policy and security. These clusters highlight specific regulatory strengths, such as well-developed sectoral market rules, as well as gaps, including uneven enforcement of environmental norms, limited integration of climate objectives into sectoral regulations and a lag between technological innovation and legal frameworks. Building on these findings, this article introduces the concept of a compensatory model of energy law, which combines preventive, corrective and restorative instruments to distribute the costs and benefits of the energy transition more fairly. This study contributes to the academic and policy debate by clarifying how legal governance and managerial strategies jointly shape the trajectory of the energy sector’s transformation and by outlining directions for future research and regulatory reform. Full article

This study tests a theoretical model explaining reactions to animal abuse in terms of attitudes, norms, and moral obligation, based on research concerning pro-environmental and anti-ecological behavior, as offenses against animals have been considered environmental crimes in legal terms. The sample consisted of 624 people from the general population, aged 18 to 93 (64.1% female), randomly assigned one of three versions of the same scenario of abuse, differing in the category of animal (protected/pet/farm). Participants were requested to complete a questionnaire that included items about the observed variables (descriptive social norm) and latent variables (injunctive social norm, personal norm, moral obligation, attitude toward animals, speciesism, and reaction to animal abuse). The resulting model obtained appropriate fit indices (RMSEA = 0.054; CFI = 0.917) and a high percentage of explained variance of reaction (77%) and confirmed the expectation that moral obligation is the strongest predictor of reactions to animal abuse and activates the personal norm. Personal norm is predicted by attitudes toward animals and the injunctive social norm, which depends on the descriptive social norm. Speciesism was excluded from the model due to its negative covariance with attitudes toward animals and to provide a better-fitting model. The results are discussed in terms of how the human–animal relationship is mediated by the role played in animal categorization, not only by their characteristics, but also by the instrumentality attributed to them socially and culturally. Full article

Autonomy is enabled by the close connection of traditional mechanical systems with information technology. Historically, both communities have built norms for validation and verification (V&V), but with very different properties for safety and associated legal liability. Thus, combining the two in the context of autonomy has exposed unresolved challenges for V&V, and without a clear V&V structure, demonstrating safety is very difficult. Today, both traditional mechanical safety and information technology rely heavily on process-oriented mechanisms to demonstrate safety. In contrast, a third community, the semiconductor industry, has achieved remarkable success by inserting design artifacts which enable formally defined mathematical abstractions. These abstractions combined with associated software tooling (Electronics Design Automation) provide critical properties for scaling the V&V task, and effectively make an inductive argument for system correctness from well-defined component compositions. This article reviews the current methods in the mechanical and IT spaces, the current limitations of cyber-physical V&V, identifies open research questions, and proposes three directions for progress inspired by semiconductors: (i) guardian-based safety architectures, (ii) functional decompositions that preserve physical constraints, and (iii) abstraction mechanisms that enable scalable virtual testing. These perspectives highlight how principles from semiconductor V&V can inform a more rigorous and scalable safety framework for autonomous systems. Full article

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. Full article

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. Full article

Artificial intelligence (AI) is an innovation in science and technology designed to make computer systems capable of imitating human intellectual abilities. In the legal world, the advancement of artificial intelligence (AI) often causes debate, which has changed the way humans work, interact, and make decisions, one of which is whether AI can replace the role of judges. The purpose of this study is to determine the role of AI in the world of justice and whether AI-based court decisions can provide substantive justice for justice seekers. This study is based on normative legal research that uses a statute and conceptual approach. The results indicate that the use of AI must be carried out carefully, considering ethical aspects, and maintaining the role of judges in deciding cases based on deep legal and moral considerations. The system that uses AI in the decisions of the Panel of Judges must be able to balance efficiency and justice, ensuring that human rights, legal principles, and applicable social and cultural values are maintained. Full article

Intimate partner violence is recognized as one of the most common forms of violence against women. However, it remains under-reported in many countries. The text aims to present key factors affecting women’s willingness to report intimate partner violence in Bulgaria. We proceed from the idea that the factors that create conditions for the existence of this type of violence in a society are also a major obstacle for women to file official complaints. Considering the complexity of the phenomenon and the numerous aspects that influence whether a victim will seek help or not, we use the three analytical levels—micro, meso and macro—to identify the main barriers to reporting intimate partner violence. The data used in the article were collected through a nationally representative adult population survey on attitudes towards violence against women in Bulgaria, in-depth interviews and focus groups with experts from various institutions related to the problem, and a survey among women victims of violence. The analysis revealed the impact on reporting willingness of macro factors such as the legal framework for preventing and regulating violence against women, as well as the existence of widely accepted cultural norms that normalize milder types of violence. At the meso level, ineffective institutional responses and a lack of support from the closest environment appear to be deterrents to reporting violence. Along with individual characteristics (such as psychological, emotional, and economic reliance) indicated by earlier studies and validated in our research, the analysis identified some poorly studied factors that positively influence the reporting of violence, such as public support expressed through social media and civil protests. Full article

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. Full article

Background: Sexual violence poses a significant challenge to European lawmakers, impacting the victim’s physical and psychological health. This study examines sexual violence legislation across EU member states, Switzerland, and the UK, analyzing similarities, differences, challenges, and potential solutions for effective policy development. The research was motivated by the adoption of EU Directive 2024/1385. Methods: This study analyzes sexual violence legislation across European countries in a comparative and qualitative way, highlighting differences, commonalities, and the potential for uniform regulation. The data were collected from the literature published between 2015 and 2024, focusing the EU member states, Switzerland, and the United Kingdom. Results: The examination of the norms governing sexual offenses in various European countries revealed significant differences in legislative frameworks, reflecting diverse cultural, ethical, and legal perspectives. Conclusions: Despite European countries sharing the goal of protecting victims and combating sexual violence, there are significant legislative disparities. Key recommendations include enhancing EU member state cooperation, implementing joint training programs, developing a specific EU directive, and creating coordinated prevention and education programs. While respecting national legal diversity, a unified approach is needed for effective prevention and prosecution of sexual violence across Europe. Full article

Natural resource assets inherently integrate tripartite synthesis of legal, economic, and ecological attributes. They serve dual critical functions as foundational elements supporting the evolution of new-quality productive forces and pivotal mechanisms safeguarding ecosystemic integrity. It has become a global consensus and direction of action to advance comprehensive supervision of natural resource assets and practice the concept of “Community of Life for Human and Nature”. Under the background of the super-ministry system restructuring in China, comprehensive supervision of natural resource assets remains challenged by system fragmentation in supervision objectives and multifaceted interest conflicts among stakeholders. In light of this, this research focuses on the theoretical justification and system optimization of the comprehensive supervision of natural resource assets in China. Using comparative analysis and normative analysis methods, we validate the system’s function on the comprehensive supervision of natural resource assets, summarize foreign experiences, and ultimately aim to explore the optimization pathway of the legal system for the comprehensive supervision of natural resource assets. The results show the following: (1) The choice of the legal system for the comprehensive supervision of natural resource assets emerges as the functional product aligning societal objectives, the rational paradigm for achieving efficient resource allocation, and the adaptive response to the external effects of common property. (2) The system supply of comprehensive supervision of natural resource assets in foreign countries is characterized by normative convergence in conceptual elements and typological categorization in objectives and objects. Therefore, this research recommends that, in order to optimize the system of the comprehensive supervision of natural resource assets in China, (1) in terms of protection of source, natural resource assets should be categorized, with operational natural resource assets focusing on management and public welfare natural resource assets focusing on conservation. (2) In terms of valuation, the economic valuation of natural resource assets should be integrated with ecosystem service assessments to enhance fair market equity. (3) In terms of method, the big data center should be established to enable the synergistic integration of technological innovation and system reforms. (4) In terms of subject, requiring the participation of various government departments, non-governmental organizations, the general public, and other parties could realize the connection of different legal bases for the comprehensive supervision of natural resource assets and the balance of multiple rights and interests, which should help to achieve balanced resource efficiency and biodiversity conservation and safeguard national ecological security. Full article

Semantic modeling of legal reasoning is an important research direction in the field of artificial intelligence and law (AI and law), aiming to enhance judicial transparency, fairness, and the consistency of legal applications through structured semantic representations. This paper proposes a semantic judicial reasoning framework based on the “Data–Information–Knowledge–Wisdom–Purpose” (DIKWP) model, which transforms the conceptual expressions of traditional legal judgment into DIKWP graphs enriched with semantics. The framework integrates the objective content of legal norms with stakeholders’ subjective cognition through a DIKWP×DIKWP bidirectional mapping mechanism, achieving “semantic justice”. Specifically, we define a DIKWP-based legal knowledge representation method and design a mapping algorithm from traditional legal concepts to the DIKWP semantic structure. To validate the effectiveness of the framework, we use a real administrative law case as an example and construct DIKWP (normative content) and DIKWP (subjective cognition) graphs to model legal rules, evidence, and various perspectives. The results indicate that the intention-driven semantic transformation mechanism can harmonize legal reasoning with stakeholders’ cognitive backgrounds, thereby enhancing the interpretability and fairness of judicial interpretation. Case analysis further demonstrates that reasoning within the DIKWP semantic space can reveal underlying assumptions, bridge cognitive gaps, and promote judicial fairness by aligning legal intentions. This study provides new theoretical and methodological support for the explainable reasoning of intelligent judicial systems. Full article

Famed lawyer Clarence Darrow (1857–1938) argued strongly for an early-life public health approach to crime prevention, one that focused on education, poverty reduction, and equity of resources. Due to his defense of marginalized persons and his positions that were often at odds with his legal colleagues and public opinion, he was known as the Big Minority Man. He argued that the assumption of free will—humans as free moral agents—justifies systems of inequity, retributive punishment, and “unadulterated brutality.” Here, the authors revisit Darrow’s views and expand upon them via contemporary research. We examine increasingly louder argumentation—from scholars across multiple disciplines—contending that prescientific notions of willpower, free will, blameworthiness, and moral responsibility, are contributing to social harms. We draw from biopsychosocial perspectives and recent scientific consensus papers calling for the dismantling of folk psychology ideas of willpower and blameworthiness in obesity. We scrutinize how the status quo of the legal system is justified and argue that outdated notions of ‘moral fiber’ need to be addressed at the root. The authors examine recent arguments for one of Darrow’s ideas—a public health quarantine model of public safety and carceral care that considers the ‘causes of the causes’ and risk assessments through a public health lens. In our view, public health needs to vigorously scrutinize the prescientific “normative” underpinnings of the criminal justice system. Full article

As data becomes a core driver of modern business innovation, mobile applications increasingly collect and process users’ personal information, posing significant challenges to the effectiveness of informed consent and the legitimacy of user authorization. Existing research on privacy informed consent mechanisms has predominantly focused on privacy policy texts and normative legal discussions, often overlooking a critical touchpoint—the launch-time privacy pop-up window. Moreover, empirical investigations from the user’s perspective remain limited. To address these issues, this study employs a two-stage approach combining compliance audit and grounded theory. The preliminary audit of 21 mobile apps assesses the compliance of privacy pop-ups, and the formal study uses thematic analysis of interviews with 19 participants to construct a dual-path explanatory framework. Key findings reveal that: (1) while the reviewed apps partially safeguarded users’ right to be informed, compliance deficiencies still persist; (2) trust and privacy fatigue emerge as dual motivations driving user consent. Trust plays a critical role in amplifying the impact of positive messages within privacy pop-ups by enhancing the consistency among users’ cognition, affect, and behavior, thereby reducing resistance to privacy consent and improving the effectiveness of the current informed consent framework. Conversely, privacy fatigue increases the inconsistency among these factors, undermining consent effectiveness and exacerbating the challenges associated with informed consent. This study offers a user-centered framework to explain the dynamics of informed consent in mobile privacy pop-ups and provides actionable insights for regulators, developers, and privacy advocates seeking to enhance transparency and user autonomy. Full article

African cities are experiencing rapid, unregulated growth, characterized by high land pressure and growing demand for housing and urban infrastructure. New arrivals often settle in vulnerable areas (wetlands, hills, flood) where land is cheaper and unregulated by public authorities. This type of settlement is accompanied by numerous land conflicts, exacerbated by the coexistence of formal and customary land tenure systems, which struggle to harmonize. In this context, public land regulation policies often remain centralized and ill-adapted, revealing their limitations in ensuring equitable and sustainable management of urban land. Faced with this gap, our systematic study explores the socio-environmental dynamics of this normative pluralism in land governance within Cameroonian cities. Our findings highlight the tensions and opportunities of this complex coexistence, which vary significantly according to city size (small, medium, and large), the colonial heritage (Francophone and Anglophone), and the dominant legal framework (civil law and common law). The analysis highlights the need to take into account historical, linguistic, and politico-administrative roots, which profoundly influence local forms of the institutionalization of normative pluralism and the associated socio-environmental vulnerabilities. This normative plurality underlines the importance of a hybrid system of land governance capable of integrating local specificities while ensuring land security for all. Future research will include comparisons with other African countries in order to understand transferable mechanisms for better land governance. Full article

This article carries out an interdisciplinary analysis of five MOOC courses developed by the University of Valladolid and offered on higher education platforms between 2020 and 2024. This research is based on the study of the lexical categories used by the informants participating in these courses, establishing a correlation with the theoretical and practical debates surrounding the definition of heritage and the frameworks of contemporary heritage education. Through a metalinguistic approach, the semantic limits of the emerging lexical categories are examined, paying attention to their ambiguity, polysemy and contexts of use, both from a formal linguistic perspective and from a hermeneutic approach. The analysis is based on natural language processing tools, complemented by qualitative techniques from applied linguistics and cultural studies. This dual approach, both scientific–statistical and humanistically nuanced, allows us to identify recurrent discursive patterns, as well as significant variations in the conceptualization of heritage according to the socio-cultural and geographical profiles of the participants. The results of the linguistic analysis are contrasted with the thematic lines investigated by our research group, focusing on cultural policy, legacy policies, narratives linked to the culture of depopulation, disputed scientific paradigms, and specific lexical categories in the Latin American context. In this sense, the article takes a critical look at discursive production in massive online learning environments, positioning language as a key indicator of the processes of cultural resignification and the construction of legacy knowledge in the Ibero-American context. The findings of my scientific article underscore the pressing need for a multiform liberation of the traditionally constrained concept of heritage, which has long been framed within rigid institutional, legal, and disciplinary boundaries. This normative framework, often centered on materiality, monumentalism, and expert-driven narratives, limits the full potential of heritage as a relational and socially embedded construct. My research reveals that diverse social agents—ranging from educators and local communities to cultural mediators and digital users—demand a more flexible, inclusive, and participatory understanding of heritage. This shift calls for redefining legacy not as a static legacy to be preserved but as a dynamic bond, deeply rooted in affective, symbolic, and intersubjective dimensions. The concept of “heritage as bond”, as developed in contemporary critical theory, provides a robust framework for this reconceptualization. Furthermore, the article highlights the need for a new vehiculation of access—one that expands heritage experience and appropriation beyond elite circles and institutionalized contexts into broader social ecosystems such as education, digital platforms, civil society, and everyday life. This approach promotes legacy democratization, fostering horizontal engagement and collective meaning-making. Ultimately, the findings advocate for a paradigm shift toward an open, polyphonic, and affective heritage model, capable of responding to contemporary socio-cultural complexities. Full article