Laws, Volume 14, Issue 2

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...

Severe earthquakes, extreme floods, tragic accidents, mega-fires, and even viruses belong to disasters that can destroy the economic, social, or cultural life of people. Due to the climate crisis, disasters will likely become more frequent and intens...

The acceleration of the climate crisis calls into question the effectiveness of traditional legal frameworks in addressing environmental emergencies. This article examines whether France should adopt an environmental state of exception, inspired by t...

The specialization of public prosecution offices has been a growing international trend, particularly in addressing complex forms of crime such as corruption, economic crime, and organized crime. Many countries have established specialized prosecutio...

The UK’s National Security and Investment Act 2021, which came into effect in January 2022, marks the establishment of a foreign investment security review mechanism unique to the UK. This article examines the Act’s text and identifies se...

Despite the growing interest among comparative legal scholars in Islamic law, the application of Shia Islamic law remains an overlooked area within the field of comparative law. This article addresses this gap by offering a classification of contempo...

The “Dana Gas” case is considered one of the pivotal cases in the development of the Islamic financial industry. The case raised concerns about the limits of legal certainty, particularly the judiciary’s right to exercise “ijt...

This article examines key aspects of corporate insolvency law. The main research jurisdictions are the US, England, France, and Germany. This study adopts a functional approach that compares different legal regimes of corporate insolvency law in ligh...

Similarly to “wars” on drugs and terrorism, the fight against corruption has recently emerged as an attractive political tool. From Argentina and India to the United States and the Philippines, anti-corruption rhetoric has been successful...

The description of a combination of technologies as ‘artificial intelligence’ (AI) is misleading. To ascribe intelligence to a statistical model without human attribution points towards an attempt at shifting legal, social, and ethical re...

The objective of this research is to examine the role of intellectual property (IP) in fostering business development, particularly focusing on patent management in Ecuador and its alignment with international standards. The study employs a comparati...

This contribution examines the human rights framework and legislative developments in South Africa on persons with mental illness, revealing that the initial focus of the legislation was on control and detention at the cost of the rights of mental he...

Under current Supreme Court doctrine under the First Amendment, constitutional complaints that a state university has selected its faculty on ideological grounds—that it has “cast a pall of orthodoxy over the classroom”, in the lang...

For domestic and family violence (‘DFV’) offences, sentencing remarks present a unique opportunity for dialogue between the Court, the offender, the victim-survivor, and the public. At the point of sentencing an offender, the judicial off...

The role of human rights is increasingly subject to scrutiny and debate. However, historically, human rights functioned as powerful tools for social change. In this context, this paper explores the origin, evolution and impact of the Inter-American H...

The current global mobility paradigm suffers from a great paradox. The illegality of human mobility is manufactured through restrictive migration and asylum policies, which claim to address the supposed challenges of human mobility, such as erosion o...

The rise in international terrorism has led to a rise in citizenship deprivation. Depriving a person of citizenship represents a harsh national security measure. Although both Australia and the UK have citizenship deprivation legislation, the judicia...

While much of the American justice system utilizes punitive models of sentencing and incarceration, restorative justice (RJ) approaches provide a holistic alternative to wrongdoing, viewing offenses in terms of relationships and paying particular att...