Laws | December 2024 - Browse Articles

28 pages, 328 KiB

Open AccessArticle

Capitalizing Trademarks as Security: The Canadian Trademark Finance Perspective

by Eslam Shaaban and Janice Denoncourt

Laws 2024, 13(6), 79; https://doi.org/10.3390/laws13060079 - 16 Dec 2024

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Canada’s world-renowned banking sector is well- regulated, capitalized and one of the world’s most stable. It meets the essential pre-conditions for intellectual property (IP) finance methods such as a strong IP regime and a pool of firms with registered trademarks. In 2018 Canada [...] Read more.

Canada’s world-renowned banking sector is well- regulated, capitalized and one of the world’s most stable. It meets the essential pre-conditions for intellectual property (IP) finance methods such as a strong IP regime and a pool of firms with registered trademarks. In 2018 Canada launched its National IP Policy followed by certain IP finance initiatives led by the Canadian Business Development Bank (BDC) in 2019. However, it is not well understood how the Canadian Constitution structures economic relations. Certain longstanding federal and provincial issues remain to be addressed if trademark-backed finance is to become part of mainstream commercial lending in Canada. This article contributes to the nascent academic interdisciplinary trademark law and finance literature. An in-depth literature review highlights the existing gaps between the Canadian federal and provincial legal frameworks that govern security interests in trademarks, and market needs. The traditional legal research methodology evaluates the impact of relevant case law, public policies and law practice, adopting finance, economic and IP rights theory perspectives. A digital shared ledger system technology law solution is proposed to enhance registration of security interests with the aim of making trademark finance in Canada more effective and efficient. This article is foundational in the sense that it paves the way for recommendations for new policies with a view to normalising trademark-backed debt finance processes in Canada. Full article

(This article belongs to the Special Issue Intangible Corporate Intellectual Property Rights Assets: Finance and Governance for Sustainability Transitions)

17 pages, 222 KiB

Open AccessArticle

Practice and Prospect of Regulating Personal Data Protection in China

by Liping Yang, Yiling Lin and Bing Chen

Laws 2024, 13(6), 78; https://doi.org/10.3390/laws13060078 - 13 Dec 2024

Viewed by 465

Abstract

Privacy protection is a fundamental guarantee for secure data flows and the basic requirement for data security. A reasonable privacy protection system acts as a catalyst for unlocking the financial value of data. The current legislative framework for personal data protection in China, [...] Read more.

Privacy protection is a fundamental guarantee for secure data flows and the basic requirement for data security. A reasonable privacy protection system acts as a catalyst for unlocking the financial value of data. The current legislative framework for personal data protection in China, adhering to the principle of proportionality, establishes critical measures such as informed consent for data collection and processing, data classification and grading management, and remedies for data leakage and other risks. In addition, in judicial practice, typical disputes regarding personal information protection and privacy rights have been promoted to clarify the scope for collecting users’ personal information and biometric data. Although further improvements are needed in legislative, judicial, and technical approaches, China’s commitment and practice in personal data protection are noteworthy. The existing legislation, law enforcement, and technical practices play an increasingly vital role in realizing the financial value of data and are essential for international cooperation on privacy protection. Furthermore, it is crucial to actively explore cooperation mechanisms for cross-border data flows under the principle of data sovereignty, participate in developing international rules for cross-border data flows, and formulate different management norms for cross-border data flows across different industries. Full article

22 pages, 1063 KiB

Open AccessArticle

Commercial Use of Satellite Remote Sensing Data and Civil Liability

by Young-Ju Kim

Laws 2024, 13(6), 77; https://doi.org/10.3390/laws13060077 - 4 Dec 2024

Viewed by 481

Abstract

This paper explores the civil liability issues arising from the commercial use of satellite remote sensing data, a rapidly growing sector in the space industry. With the increasing reliance on satellite data for various applications, such as agriculture, disaster response, and climate monitoring, [...] Read more.

This paper explores the civil liability issues arising from the commercial use of satellite remote sensing data, a rapidly growing sector in the space industry. With the increasing reliance on satellite data for various applications, such as agriculture, disaster response, and climate monitoring, legal challenges have emerged, particularly concerning the accuracy and commercialization of satellite data. The study examines the concept and characteristics of satellite remote sensing, focusing on the legal relationships between data providers, users, and third parties. It analyzes the legal framework regulating this business across different jurisdictions, including the United States, Canada, Germany, France, and Japan. Key issues addressed include liability for inaccurate data, licensing agreements, and the rights and obligations of parties involved in satellite data transactions. Through this analysis, the paper offers legal and institutional recommendations to support the development and stability of the commercial satellite data industry, contributing to the establishment of a comprehensive legal framework for the space sector. Full article

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16 pages, 245 KiB

Open AccessArticle

A Home for All: The Challenge of Housing in Refugee Resettlement

by Andria D. Timmer

Laws 2024, 13(6), 76; https://doi.org/10.3390/laws13060076 - 2 Dec 2024

Viewed by 569

Abstract

When a refugee is accepted for resettlement in the United States, they are assigned to a refugee resettlement office that is responsible for providing for all the initial basic needs that a refugee family may need, including finding and furnishing appropriate housing. Finding [...] Read more.

When a refugee is accepted for resettlement in the United States, they are assigned to a refugee resettlement office that is responsible for providing for all the initial basic needs that a refugee family may need, including finding and furnishing appropriate housing. Finding and procuring housing is the largest challenge to successful integration that resettlement organizations face. Housing has always been a concern in refugee resettlement because there is no coordinated body at the federal level that provides guidance or housing assistance. Nor is there a federal law to ensure that living spaces are set aside for those who have been accepted for resettlement. Without federal support, refugee resettlement, although ultimately successful, can be disorganized and decentralized leading to a situation that is volatile and open to the capriciousness of shifting political leadership. Drawing upon qualitative research conducted with one refugee resettlement organization, which I call Refugee Resettlement Affiliate Office (RRAO), to elucidate the ongoing challenges to housing integration for those refugees resettled in the United States, I assert that a federal solution is needed in order to ensure the smooth integration into life in the US for resettled refugees. This article articulates the challenges to housing as expressed by those working in refugee resettlement and discusses some potential solutions. Full article

(This article belongs to the Special Issue The Human Rights of Migrants)

13 pages, 217 KiB

Open AccessArticle

The Problem of Civic and Liberal Education: Legislative and Civil-Society Remedies for Our Era

by Gregory A. McBrayer

Laws 2024, 13(6), 75; https://doi.org/10.3390/laws13060075 - 29 Nov 2024

Viewed by 607

Abstract

This paper addresses the current state of civic education legislation in higher education. While state-level legislation that aims to improve civics in colleges and universities in the United States is laudable, such laws run the risk of meeting students too late and so [...] Read more.

This paper addresses the current state of civic education legislation in higher education. While state-level legislation that aims to improve civics in colleges and universities in the United States is laudable, such laws run the risk of meeting students too late and so must be coupled with renewed legislative focus on civic education at the elementary and secondary level. Civic education aims to make good citizens, to cultivate students’ love of their country, and this may be difficult to effect by the time students reach college. Laws mandating and forbidding certain content from being taught in history and civics classes is also considered. Further, I aim to show the deleterious effect an impoverished civic education has on liberal education, drawing, principally, on lessons from Socrates’s understanding of education as we find it in the writing of Plato. Full article

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

19 pages, 2145 KiB

Open AccessReview

Light Pollution Control: Comparative Analysis of Regulations Across Civil and Common Law Jurisdictions

by Chun Kit Law, Savannah Yan Tsing Lai and Joseph Hung Kit Lai

Laws 2024, 13(6), 74; https://doi.org/10.3390/laws13060074 - 29 Nov 2024

Viewed by 699

Abstract

Light pollution has become an increasingly knotty environmental management problem, but little has been done to review and compare light pollution controls across the world. To address this research gap, a comparative review study has been undertaken. Among the light pollution laws of [...] Read more.

Light pollution has become an increasingly knotty environmental management problem, but little has been done to review and compare light pollution controls across the world. To address this research gap, a comparative review study has been undertaken. Among the light pollution laws of the most light-polluted regions, those pertaining to Shanghai, New York, Hong Kong, Seoul, London and Valletta were examined. We systematically evaluate the impact of legal systems, regulatory approaches and control parameters on light pollution regulation. The findings reveal that civil law jurisdictions, such as Shanghai and Seoul, typically adopt dedicated legislation while common law jurisdictions, like New York and London, often rely on bolt-on regulations to broader environmental laws. The study also finds that jurisdictions employing dedicated legislation and a metrics-based system offer a more comprehensive and preemptive solution to light pollution challenges. However, certain exceptions are noted, and the balance between regulatory certainty and flexibility is highlighted. The nuanced relationship between environmental protection and legal instruments is discussed, and the potential for unintended consequences of stringent regulation is acknowledged. The paper closes with a call for ongoing research and iterative regulatory reviews, emphasizing the need to incorporate scientific advancements and stakeholder interests into regulatory updates. Full article

(This article belongs to the Section Environmental Law Issues)

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21 pages, 537 KiB

Open AccessArticle

Global Migration Law in Tunisia: The Potential of the Global Compact for Migration to Support the Ratification of the United Nations Convention on Migrant Workers Rights

by Younous Arbaoui and Amina Semaoui

Laws 2024, 13(6), 73; https://doi.org/10.3390/laws13060073 - 29 Nov 2024

Viewed by 638

Abstract

While Tunisia endorsed the non-binding Global Compact for Migration (GCM), it has not yet ratified the binding International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). In view of the overlap and convergence between [...] Read more.

While Tunisia endorsed the non-binding Global Compact for Migration (GCM), it has not yet ratified the binding International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). In view of the overlap and convergence between both instruments and the fact that soft and hard law interact through cross-fertilisation processes, with the result that the boundaries between both become blurred, this article examines the potential of the GCM to reinforce the legal standing of the ICRMW in Tunisia and to pave the way for the attenuation of the obstacles to its ratification. Based on policy documents, interviews and secondary sources, we first conclude that the Compact has a considerable potential to promote the Convention as it created a political dialogue in which the Convention gained attention and visibility. Crucially, the implementation of Objective 6(a) GCM, calling for ratification of international labour instruments, appears to be the first step towards ratification as it resulted in a governmental decision to re-consider the ratification of the ICRMW. Secondly, on the basis of comparative legal analysis, we conclude that reading the ICRMW’s provisions through the lens of corresponding GCM Objectives attenuates the obstacles to ratification of the ICRMW. Our findings exemplify the well-established influential function of soft law as a catalyst supporting hard law by reinforcing its legal standing and by providing an impetus for its endorsement. Both analysis and conclusions are not only relevant for the Tunisian case but also for all other countries that endorsed the GCM but have yet to ratify the ICRMW. Full article

(This article belongs to the Topic Migration and Human Rights in the Age of the Global Compacts)

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15 pages, 301 KiB

Open AccessArticle

From Asset to Liability–Considerations on the Constitutionalizing of Religious Freedom Within the European Union Member States

by Catalin Raiu

Laws 2024, 13(6), 72; https://doi.org/10.3390/laws13060072 - 27 Nov 2024

Viewed by 541

Abstract

This paper examines the usage of different phrases naming “religious freedom” in international treaties and European Union member states constitutional texts in order to identify traces of contemporary ideological polarization in relation to the main political ideologies, socialism, liberalism and conservatism. Considering the [...] Read more.

This paper examines the usage of different phrases naming “religious freedom” in international treaties and European Union member states constitutional texts in order to identify traces of contemporary ideological polarization in relation to the main political ideologies, socialism, liberalism and conservatism. Considering the methodological approach, I theorize the meaning of “religious freedom” as the right to believe or not in a higher power or divinity, while also discussing the positive and the negative aspects of religious freedom together with the three major political doctrines. The results present clusters on the way each phrase used to name “religious freedom” is tied up with each of the three major political doctrines: freedom from/within religion (socialism), freedom of religion or belief (liberalism), and religious freedom (conservatism). The main conclusion of the paper is that within the contemporary political and administrative democratic spectrum, the three different phrases used at international level to name “religious freedom” and corresponding to socialism, liberalism and conservatism are describing religious freedom in a polarized manner, from liability to asset: in socialism as liberation from the negative and discriminatory power of religion, in liberalism as an civic attitude, while for conservatives religious freedom stands is coined a political value within the nation building process. Full article

18 pages, 297 KiB

Open AccessArticle

AI Accountability in Judicial Proceedings: An Actor–Network Approach

by Francesco Contini, Elena Alina Ontanu and Marco Velicogna

Laws 2024, 13(6), 71; https://doi.org/10.3390/laws13060071 - 23 Nov 2024

Viewed by 965

Abstract

This paper analyzes the impact of AI systems in the judicial domain, adopting an actor–network theory (ANT) framework and focusing on accountability issues emerging when such technologies are introduced. Considering three different types of AI applications used by judges, this paper explores how [...] Read more.

This paper analyzes the impact of AI systems in the judicial domain, adopting an actor–network theory (ANT) framework and focusing on accountability issues emerging when such technologies are introduced. Considering three different types of AI applications used by judges, this paper explores how introducing non-accountable artifacts into justice systems influences the actor–network configuration and the distribution of accountability between humans and technology. The analysis discusses the actor–network reconfiguration emerging when speech-to-text, legal analytics, and predictive justice technologies are introduced in pre-existing settings and maps out the changes in agency and accountability between judges and AI applications. The EU legal framework and the EU AI Act provide the juridical framework against which the findings are assessed to check the fit of new technological systems with justice system requirements. The findings show the paradox that non-accountable AI can be used without endangering fundamental judicial values when judges can control the system’s outputs, evaluating its correspondence with the inputs. When this requirement is not met, the remedies provided by the EU AI Act fall short in costs or in organizational and technical complexity. The judge becomes the unique subject accountable for the use and outcome of a non-accountable system. This paper suggests that this occurs regardless of whether the technology is AI-based or not. The concrete risks emerging from these findings are that these technological innovations can lead to undue influence on judicial decision making and endanger the fair trial principle. Full article

15 pages, 2716 KiB

Open AccessArticle

Understanding the Nature of the Transnational Scam-Related Fraud: Challenges and Solutions from Vietnam’s Perspective

by Hai Thanh Luong and Hieu Minh Ngo

Laws 2024, 13(6), 70; https://doi.org/10.3390/laws13060070 - 21 Nov 2024

Viewed by 780

Abstract

Practical challenges and special threats from scam-related fraud exist for regional and local communities in Southeast Asia during and after the COVID-19 pandemic. The rise in pig-butchering operations in Southeast Asia is a major concern due to the increased use of digital technology [...] Read more.

Practical challenges and special threats from scam-related fraud exist for regional and local communities in Southeast Asia during and after the COVID-19 pandemic. The rise in pig-butchering operations in Southeast Asia is a major concern due to the increased use of digital technology and online financial transactions. Many of these operations are linked to organized crime syndicates operating across borders, posing challenges for law enforcement. As a first study in Vietnam, we combined the primary and secondary databases to unveil the nature of transnational scam-related fraud. Findings show that scammers are using advanced methods such as phishing, fraudulent investments, and identity theft to maximize their sophisticated tactics for achieving financial possession. There are organized crime rings operating in Vietnam and Cambodia, with Chinese groups playing a leading role behind the scenes. Social media and its various applications have become common platforms for these criminal activities. This study also calls for practical recommendations to consider specific challenges in combating these crimes, including building a strong framework with clear policies, encouraging multiple educational awareness campaigns in communities, enhancing effective cooperation among law enforcement and others, and supporting evidence-based approaches in research and application. While we recognized and assumed that pig-butchering operations with scam-related fraud are a complex problem that requires a well-rounded and coordinated response, the exact approach would depend on each country’s specific circumstances. Full article

(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)

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11 pages, 206 KiB

Open AccessArticle

To Impose or Not Impose Penalty Conditions Following Professional Misconduct: What Factors Are Cited by Three Professional Disciplinary Tribunals in New Zealand?

by Lois Surgenor, Kate Diesfeld, Marta Rychert, Olivia Kelly and Kate Kersey

Laws 2024, 13(6), 69; https://doi.org/10.3390/laws13060069 - 13 Nov 2024

Viewed by 630

Abstract

Profession-related disciplinary tribunals consider a range of factors when determining penalties following findings of professional misconduct. Penalties that impose conditions on practice hold the potential to facilitate practitioners’ rehabilitation back to safe practice. This study explores the use of penalty conditions by three [...] Read more.

Profession-related disciplinary tribunals consider a range of factors when determining penalties following findings of professional misconduct. Penalties that impose conditions on practice hold the potential to facilitate practitioners’ rehabilitation back to safe practice. This study explores the use of penalty conditions by three disciplinary tribunals in New Zealand (the Lawyers and Conveyancers Tribunal [LCDT]; the Health Practitioners Disciplinary Tribunal [HPDT]; and the Teachers Disciplinary Tribunal [TDT]). Disciplinary decisions published between 2018 and 2022 (N = 538) were analysed, coding the explicit reasons cited for imposing or not imposing conditions and if rehabilitation was cited as a penalty principle. Conditions were imposed in 58.6% of the cases, though tribunals varied. All of the tribunals commonly referred to the concepts of remorse/insight, or lack of it, as reasons for ordering or not ordering conditions, and they often considered the seriousness of the misconduct. Reasons for not ordering conditions were more varied between tribunals, as was citing rehabilitation as a penalty principle. The findings suggest that tribunals give substantial consideration to the decision of imposing conditions, drawing on both objective (e.g., past misconduct) and subjective (e.g., cognitive and psychological) phenomena. The reasons did align with concepts found in broad sentencing guidelines from some other jurisdictions (e.g., criminal justice response), though future research on defining and measuring these concepts may help understand their predictive and protective utility. Full article

28 pages, 456 KiB

Open AccessArticle

Identity Theft: The Importance of Prosecuting on Behalf of Victims

by Christopher S. Kayser, Sinchul Back and Marlon Mike Toro-Alvarez

Laws 2024, 13(6), 68; https://doi.org/10.3390/laws13060068 - 7 Nov 2024

Viewed by 1431

Abstract

Rates of victimization from identity theft continue to rise exponentially. Personally identifiable information (PII) has become vitally valuable data bad actors use to commit fraud against individuals. Focusing primarily on the United States and Canada, the objective of this paper is to raise [...] Read more.

Rates of victimization from identity theft continue to rise exponentially. Personally identifiable information (PII) has become vitally valuable data bad actors use to commit fraud against individuals. Focusing primarily on the United States and Canada, the objective of this paper is to raise awareness for those involved in criminal justice (CJ) to more fully understand potential life-changing consequences for those whose PII is used fraudulently. We examine the impact of crimes involving PII and the urgent need to increase investigations and legal proceedings for identity theft-related crimes. Referring to a National Crime Victimization Survey, we analyze why many victims of identity theft crimes resist notifying appropriate authorities. We also address why those within the CJ system are often reluctant to initiate actions against occurrences of identity theft. We provide insight into consequences experienced by identity theft victims, particularly if their PII is posted on the Dark Web, a threat that can exist into perpetuity. If rates of victimization from identity theft-based crimes are to decline, reporting of victimization must increase, and current legislation related to investigating and processing identity theft crimes must progress. Full article

(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)

19 pages, 365 KiB

Open AccessArticle

The Legal Challenges of Realistic and AI-Driven Child Sexual Abuse Material: Regulatory and Enforcement Perspectives in Europe

by Katalin Parti and Judit Szabó

Laws 2024, 13(6), 67; https://doi.org/10.3390/laws13060067 - 30 Oct 2024

Viewed by 1930

Abstract

Although the escalation in online child sexual abuse material (CSAM) is not a novel problem, recent digital proliferation has brought about new alarming challenges in addressing the issue. CSAM poses significant risks to children and society in general, the most serious being the [...] Read more.

Although the escalation in online child sexual abuse material (CSAM) is not a novel problem, recent digital proliferation has brought about new alarming challenges in addressing the issue. CSAM poses significant risks to children and society in general, the most serious being the long-lasting harmful effects on depicted victims. The already distressing problem is exacerbated by the worldwide appearance and spread of AI-driven or virtual CSAM, as AI offers a fast and increasingly profitable means for the sexual exploitation of children. The paper aims to provide a comprehensive review of current legislative measures focusing the European Union for combating online CSAM. With a particular focus on AI-driven CSAM, we will systematically evaluate the effectiveness and applicability of these regulations in addressing virtual CSAM. The paper will conclude with policy recommendations to address identified gaps in the European legislative framework concerning virtual CSAM. Full article

(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)

13 pages, 227 KiB

Open AccessArticle

Unjust Deprivation of Liberty During the Criminal Process: The Romanian National Standard Compared to the European Standard for the Protection of Individual Freedom in Judicial Proceedings

by Anca-Lelia Lorincz and Adriana Iuliana Stancu

Laws 2024, 13(6), 66; https://doi.org/10.3390/laws13060066 - 28 Oct 2024

Viewed by 620

Abstract

The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of [...] Read more.

The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of protection of individual freedom in judicial proceedings compared to the standard established by the Convention for the Protection of Human Rights and Fundamental Freedoms. Through documentation, interpretation, and scientific analysis as the main research methods, this paper emphasizes the possibility of establishing, through domestic legislation, a level of protection higher than that imposed by the conventional standard. From this perspective, by regulating a right to repair the damage suffered in the situation of unjust deprivation of liberty as a result of ordering a preventive measure, the national standard of protection established by the Romanian Code of Criminal Procedure is higher than the European standard. This study concludes with a proposal to expand the current procedural framework configured by the provisions of the Romanian Code of Criminal Procedure (with the amendments made in 2023) regarding the special procedure for repairing the damage suffered as a result of the illegal or unjust deprivation of liberty during the criminal process. Full article

(This article belongs to the Special Issue Disparities of Justice: Unequal Outcomes, Racial and Gender Bias, and Law in the Twenty-First Century)

16 pages, 1928 KiB

Open AccessReview

Religious Slaughter and Supranational Jurisprudence in the Context of Animal Welfare Science

by Michela Maria Dimuccio, Virginia Conforti, Gaetano Vitale Celano, Francesco Emanuele Celentano, Federico Ceci and Giancarlo Bozzo

Laws 2024, 13(6), 65; https://doi.org/10.3390/laws13060065 - 23 Oct 2024

Viewed by 785

Abstract

Within the European socio-cultural landscape, which is increasingly attuned to animal welfare concerns and characterized by growing multiculturalism, ritual slaughter has become a subject of considerable debate due to its legal, economic, and health implications. This debate is increasingly fueled by interventions by [...] Read more.

Within the European socio-cultural landscape, which is increasingly attuned to animal welfare concerns and characterized by growing multiculturalism, ritual slaughter has become a subject of considerable debate due to its legal, economic, and health implications. This debate is increasingly fueled by interventions by judicial bodies that, not infrequently, have filled protection gaps in legislation on the relationship between human rights and the treatment of animals. In this review, the authors aim to describe the evolutionary path of supranational jurisprudence in the case of religious slaughter, focusing on the most recent animal welfare decision rendered by the European Court of Human Rights (ECHR) on 13 February 2024. This innovative judgement, in line with other precedents, indicates the orientation of the international and European law, which, driven by public morality, is increasingly characterized by the compression of human rights in favor of animal interests. Full article

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Laws, Volume 13, Issue 6 (December 2024) – 15 articles

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