Laws | October 2025 - Browse Articles

316 KB

Open AccessArticle

Do Mass Tort Negligence Class Actions Adequately Compensate Victims and Effectively Deter Tortfeasor Wrongdoing?

by Nikki Chamberlain and Michael Legg

Laws 2025, 14(5), 71; https://doi.org/10.3390/laws14050071 - 23 Sep 2025

The objectives of the class action procedural device and the tort of negligence overlap are that they both seek to compensate victims for their loss and, according to some, they both seek to deter tortfeasor wrongdoing. However, in practice, does the class action [...] Read more.

The objectives of the class action procedural device and the tort of negligence overlap are that they both seek to compensate victims for their loss and, according to some, they both seek to deter tortfeasor wrongdoing. However, in practice, does the class action procedure facilitate the fulfillment of these dual aims? This article explains how the class action aids compensation and deterrence, but also addresses the significant issues that hinder the class action’s effectiveness in meeting its compensatory and deterrence aims in an Australian and New Zealand context. It concludes by laying the foundation for further research to improve the effectiveness of class actions or by possibly adopting supplementary or alternative remedial/regulatory procedures. Full article

(This article belongs to the Special Issue The Other Side of Tort Liability: When the System Doesn’t Seem to Work)

433 KB

Open AccessArticle

Durable Protection in the European Union: The Case of Persons Fleeing Armed Conflicts

by Christel Querton and Iryna Hnasevych

Laws 2025, 14(5), 70; https://doi.org/10.3390/laws14050070 - 23 Sep 2025

Abstract

Using the case of persons fleeing armed conflicts, the present article examines the required pre-condition for local integration in the European Union (EU), namely the grant of durable protection. We define durable protection as a form of long-lasting and secure legal status, which [...] Read more.

Using the case of persons fleeing armed conflicts, the present article examines the required pre-condition for local integration in the European Union (EU), namely the grant of durable protection. We define durable protection as a form of long-lasting and secure legal status, which entitles its holders to relevant rights and entitlements capable of leading to local integration. The article uses three case studies, namely Ukraine, Sudan and Syria, to evaluate the durability of the EU and its Member States’ responses to international displacement caused by armed conflicts. The article demonstrates how state practice works to shorten deadlines, thereby reducing attachment to the host country. The article criticises the temporal limitation of temporary protection in the absence of long-term durable solutions and the complex legal regime of international protection that may arise as a result. The article concludes that the last decade of refugee protection in the EU, which has been characterised by large influxes of persons fleeing from conflicts in countries such as Syria, Ukraine and Sudan, indicates a tendency for the EU and EU Member States to provide only short-term solutions to displacement. Reduced durability contributes to the weakening of refugee protection in the EU. Full article

17 pages, 270 KB

Open AccessArticle

The Cost of Justice: Vicarious Trauma and the Legal System’s Duty of Care to Jurors

by John S. Croucher and Rebecca Ward

Laws 2025, 14(5), 69; https://doi.org/10.3390/laws14050069 - 22 Sep 2025

Abstract

Jurors play a critical role in the administration of justice, yet their compulsory exposure to graphic and distressing evidence during criminal trials is often overlooked in discussions of mental health and legal reform. This paper investigates the psychological impact of jury service in [...] Read more.

Jurors play a critical role in the administration of justice, yet their compulsory exposure to graphic and distressing evidence during criminal trials is often overlooked in discussions of mental health and legal reform. This paper investigates the psychological impact of jury service in trials involving murder, domestic violence, sexual assault, and child abuse, where laypeople are required to view autopsy photographs, listen to emergency calls, and assess disturbing testimonies without any formal training or mandatory psychological support. While vicarious trauma, secondary traumatic stress, and moral injury are recognised in research on law enforcement, social work, and healthcare, there is limited acknowledgement that no professional group consistently receives adequate trauma prevention or recovery support. This gap is particularly concerning for jurors, who are laypeople compelled to participate in the justice process. Drawing on legal case studies, psychiatric research, and international precedent, this paper argues that the justice system imposes an invisible emotional burden on jurors while offering limited, inconsistent, and mostly reactive support. Although applicable to many countries, particular attention is given to Australian jurisdictions, where counselling services are sparse and optional, and where juror confidentiality laws restrict therapeutic disclosures. This research also considers the legal and ethical implications of exposing untrained civilians to traumatic material and explores whether the state could, or should, bear legal liability for post-trial psychological harm. Ultimately, this paper calls for the introduction of clearly defined trauma-informed jury procedures, including pre-trial psychological briefings, structured debriefings, and systemic reform, to acknowledge juror well-being as a necessary component of fair and ethical justice. Full article

(This article belongs to the Special Issue Criminal Justice: Rights and Practice)

24 pages, 354 KB

Open AccessArticle

Optimizing the Societal Value of Tort Law by Meeting Justice Needs of All Stakeholders: Towards Restorative Tort Law

by Femke M. Ruitenbeek-Bart and Arno J. Akkermans

Laws 2025, 14(5), 68; https://doi.org/10.3390/laws14050068 - 19 Sep 2025

Viewed by 244

Abstract

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 more emotionally intelligent and more [...] Read more.

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 more emotionally intelligent and more mindful of the non-financial needs of victims. In this debate, the perspective of the wrongdoer has been largely neglected. Drawing from empirical research on the personal experiences of wrongdoers in the Dutch personal injury practice and building on theories of procedural and restorative justice, this contribution argues that, to optimize the societal value of tort law systems, attention should be paid to the wrongdoer’s perspective. A tort law system that lacks sufficient opportunity for wrongdoers to personally make amends is deficient both in terms of morality and justice, as it deprives both victims and wrongdoers of a chance at emotional and moral recovery from the injurious event. We therefore believe this represents a shared future for all of us: towards restorative tort law. Full article

(This article belongs to the Special Issue The Other Side of Tort Liability: When the System Doesn’t Seem to Work)

17 pages, 295 KB

Open AccessArticle

Religious Actors as Friction Creators Shaping the AI Dialogue

by Whittney Barth

Laws 2025, 14(5), 67; https://doi.org/10.3390/laws14050067 - 14 Sep 2025

Viewed by 707

Abstract

The unfolding story of AI is just as much a story about us as it is about technology, and the complete arc of this story remains to be seen. Commentators are urging humans to engage in proactive dialogue to shape that story. Some [...] Read more.

The unfolding story of AI is just as much a story about us as it is about technology, and the complete arc of this story remains to be seen. Commentators are urging humans to engage in proactive dialogue to shape that story. Some religious actors (encompassing both organizations and individuals) are choosing to engage. This Article argues that, in doing so, these religious actors act as friction creators in the discussion and development of AI tools, ethics, and regulation. Drawing on the concept of friction from different disciplines, including scholarship from law, civic design, and anthropology, this Article explores how religious actors infuse into this dialogue insights and commitments that often run counter to prevailing assumptions that often overlook concerns for human dignity, transparency, and concern for human rights, among other values. Full article

(This article belongs to the Special Issue AI and Its Influence: Legal and Religious Perspectives)

15 pages, 252 KB

Open AccessArticle

Tax Strategy as an Alternative to Tax Incentives to Stimulate Investment in the Global Minimum Tax Era in Indonesia

by Amelia Cahyadini, Prita Amalia and Fahriza Fahriza

Laws 2025, 14(5), 66; https://doi.org/10.3390/laws14050066 - 12 Sep 2025

Viewed by 542

Abstract

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 [...] Read more.

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

19 pages, 768 KB

Open AccessArticle

From National Rules to Global Norms: Aligning China’s L2 Autonomous Ship Regulations with the IMO MASS Code

by Yu Peng, Xinyi Han, Yanglian Ye and Rongyu Fan

Laws 2025, 14(5), 65; https://doi.org/10.3390/laws14050065 - 11 Sep 2025

Viewed by 457

Abstract

The advent of remote control and autonomous technologies is fundamentally transforming ship manning models, necessitating adaptations in seafarer standards for L2-class autonomous vessels. To address these challenges, the International Maritime Organization’s (IMO) Maritime Safety Committee (MSC) is developing a non-mandatory Code for Maritime [...] Read more.

The advent of remote control and autonomous technologies is fundamentally transforming ship manning models, necessitating adaptations in seafarer standards for L2-class autonomous vessels. To address these challenges, the International Maritime Organization’s (IMO) Maritime Safety Committee (MSC) is developing a non-mandatory Code for Maritime Autonomous Surface Ships (MASS). This paper first conducts an in-depth analysis of the immutable legal obligations and variable technical standards governing seafarer manning for L2 autonomous ships, drawing on the China Classification Society’s (CCS) Rules for Intelligent Ships. It then scrutinizes the international legal barriers confronting CCS manning requirements, particularly concerning remote operator qualifications. The study focuses on aligning China’s regulatory framework with emerging IMO standards and proposes four targeted reforms to facilitate this alignment for L2 vessels: broadening the “seafarer” definition, updating minimum manning principles and procedures, modernizing competency standards, and establishing inclusive operational testing systems. Full article

► Show Figures

Figure 1

19 pages, 297 KB

Open AccessArticle

The Shifting Sands of Legal Aid Deserts: Access to Justice for Asylum in 2022–24

by Jo Wilding

Laws 2025, 14(5), 64; https://doi.org/10.3390/laws14050064 - 4 Sep 2025

Viewed by 525

Abstract

In this article, I argue that the state creates legal advice deserts in immigration and asylum by designing law and policy which drive up legal need, driving down provision through unfavourable conditions for providers, and by placing people in need into areas from [...] Read more.

In this article, I argue that the state creates legal advice deserts in immigration and asylum by designing law and policy which drive up legal need, driving down provision through unfavourable conditions for providers, and by placing people in need into areas from which they have no realistic prospect of accessing legal advice and representation. I draw on frameworks of spatial justice and of demand to analyse the impact of the legislative and policy developments in the Special Issue’s focal period of 2022–24 on legal aid in each of the UK’s three legal aid systems: England and Wales, Scotland, and Northern Ireland. The legislative changes included introducing new stages into asylum law, which created new legal needs. Policy changes drove a wholesale geographical shift in demand as all local authorities in the UK (except Scilly) now host people in the asylum process. The changes depended upon the involvement of legal aid lawyers in order to be workable, but the marketised model of legal aid provision in England and Wales, and the low-paid laissez faire model in Northern Ireland, are fundamentally incompatible with that demand. I conclude by arguing that legal aid cannot be an afterthought. Asylum policy should be shaped to reduce failure demand, while legal aid policy should be funded and designed so as to pay for the necessary provision, with interventions to remove the spatial inequalities in access to (legal) justice. Full article

(This article belongs to the Special Issue The Shifting Sands of Refugee Protection: Normativity, Crisis, and Contemporary UK Asylum)

► Show Figures

Figure 1

23 pages, 339 KB

Open AccessArticle

From Solidarity to Exclusion: The ‘Safe Country’ Concept in UK Asylum Law and the Irony of Borders

by Rossella Pulvirenti

Laws 2025, 14(5), 63; https://doi.org/10.3390/laws14050063 - 3 Sep 2025

Viewed by 870

Abstract

This article argues that the asylum policy and legislative changes introduced by the UK government in the years 2022–2024 altered the original meaning of the concept ‘safe country’ as understood in international and EU law. The UK modified this concept, which from a [...] Read more.

This article argues that the asylum policy and legislative changes introduced by the UK government in the years 2022–2024 altered the original meaning of the concept ‘safe country’ as understood in international and EU law. The UK modified this concept, which from a solidarity concept became a means of exclusion, and which negatively affects the lives and rights of people seeking asylum in the UK. Using a doctrinal approach, the first part of this article sets the legal and historical context of the concept ‘safe country’. Departing from the analysis of the Refugee Convention, the article discusses how this mechanism was used by the EU legislation. From an idea of solidarity among EU Member States, it shifted from responsibility-sharing to burden-sharing while still allowing some guarantees to people seeking asylum. Using content analysis, the second part of this article evaluates the legal requirements set by the UK legislation together with implications of applying the ‘safe country’ concept to the asylum claims. It argues that, in recent years, the UK Government used the term ‘safe country’ as synonym of two (possibly three) different concepts, such as ‘first safe country’ and ‘safe third country’. It also shifted and pushed its meaning beyond the current commonly agreed interpretation of the term because it eroded the requirement of a link between the person seeking asylum and the ‘safe country’. Thus, the UK legislation deviated even further from the rationale underlying the Refugee Convention, international human rights standards and EU legislation because it passed the obligation to assess asylum claims to states with no link to people seeking asylum and without adequate risk assessment. The final part of this article discusses the limit to this policy and analyses the legal battle between the UK Parliament, the Government’s executive power, the UK Supreme Court and the Belfast High Court, which barred the UK Government from deporting people seeking asylum to a third country. This article concludes that there is some irony in the fact the term ‘safe country’ has been weaponised as a bordering tool by the UK Government, but ‘a border’ between the Republic of Ireland and Northern Ireland is limiting the negative effect of the concept ‘safe country’ on the very same people that is attempting to exclude from protection. Full article

(This article belongs to the Special Issue The Shifting Sands of Refugee Protection: Normativity, Crisis, and Contemporary UK Asylum)

22 pages, 339 KB

Open AccessArticle

Socially Distancing the ‘Irregular’ Migrant: An Arendtian Political Analysis of Contemporary UK Asylum Law

by Joel Platt

Laws 2025, 14(5), 62; https://doi.org/10.3390/laws14050062 - 27 Aug 2025

Viewed by 683

Abstract

Utilising Arendt’s ‘right to have rights’ thesis not only as an observation on citizenship but as an intrinsic eligibility and political opportunity for the stateless, this paper outlines how the Nationality and Borders Act 2022 and Illegal Migration Act 2023 do not merely [...] Read more.

Utilising Arendt’s ‘right to have rights’ thesis not only as an observation on citizenship but as an intrinsic eligibility and political opportunity for the stateless, this paper outlines how the Nationality and Borders Act 2022 and Illegal Migration Act 2023 do not merely continue the general trend of criminalising migrants but take the further step of socially distancing the securitised migrant object. The recent legislation provides that those who arrive in the UK via ‘irregular means’ (i.e., small boats) will likely have their asylum claims deemed ‘inadmissible’. The lack of a ‘negotiated settlement’ in the asylum complex has been well noted; however, the systematic prejudgement and consequent bureaucratic social distancing inherent in the new legislation now threatens to remove even the prospect of negotiation. The means of arrival instantly proving decisive precludes the possibility for asylum seekers to present evidence that they are genuine refugees, and, with it, the politico-legal space and opportunity for the ‘irregular’ person to generally make themselves seen and heard is maliciously obstructed. The result is not just the denial of humanity and concomitant human dues (rights), but a distinct move towards denial of even the possibility of humanity (the right to have rights). Such works to distance system administrators from issues of vulnerability, assuredly direful consequences, and humanness itself, as is essential for the expansion of a system where basic human rights are so lacking. Full article

(This article belongs to the Special Issue The Shifting Sands of Refugee Protection: Normativity, Crisis, and Contemporary UK Asylum)

27 pages, 666 KB

Open AccessArticle

The Regulation of Market Manipulation in the EU Energy Sector: Doctrinal Analysis of REMIT II’s Sanctioning Framework

by Ionuț Bogdan Berceanu, Mihaela Victorița Cărăușan and Alina Zorzoană

Laws 2025, 14(5), 61; https://doi.org/10.3390/laws14050061 - 25 Aug 2025

Viewed by 1025

Abstract

This study examines the evolution of the European Union’s regulatory framework addressing energy market manipulation, focusing on recent amendments introduced by Regulation (EU) 2024/1106 (REMIT II) to the original REMIT—Regulation on Market Integrity and Transparency (EU) No. 1227/2011. Employing logical interpretation and comparative [...] Read more.

This study examines the evolution of the European Union’s regulatory framework addressing energy market manipulation, focusing on recent amendments introduced by Regulation (EU) 2024/1106 (REMIT II) to the original REMIT—Regulation on Market Integrity and Transparency (EU) No. 1227/2011. Employing logical interpretation and comparative legal analysis, the paper explores the rationale and challenges of developing a proportionate yet dissuasive sanctioning regime for acts of market manipulation. The study commences with a comprehensive overview of manipulative practices within energy markets and the legal thresholds they must meet to fall under REMIT. A critical evaluation of the role of the European Union Agency for the Cooperation of Energy Regulators (ACER) is conducted, with particular attention to its updated guidelines following the revision of the REMIT regulation. A particular emphasis is placed on the evidentiary standard that is required to establish manipulation, a matter of particular significance in the context of enforcement. The comparative section analyses REMIT and REMIT II, identifying significant legal innovations and the regulatory intent behind them. The study highlights the need for enhanced legislative harmonization among Member States and strengthened coordination among national regulators under ACER. It is noteworthy that Romania has proactively aligned its policies with those of REMIT II, a development that is presented as a case study and a call for more widespread implementation. This analysis contributes to the existing body of knowledge in academic discourse since this topic has not been widely covered in the literature, despite the heightened relevance of energy market regulation in the current European context. Full article

23 pages, 909 KB

Open AccessArticle

Enhancing Marine Environmental Protection Enforcement in Taiwan: Legal and Policy Reforms in the Context of International Conventions

by Shu-Hong Lin and Yu-Cheng Wang

Laws 2025, 14(5), 60; https://doi.org/10.3390/laws14050060 - 22 Aug 2025

Viewed by 763

Abstract

The Marine Pollution Control Act (MPCA) in Taiwan aims to align with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil [...] Read more.

The Marine Pollution Control Act (MPCA) in Taiwan aims to align with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil Liability for Oil Pollution Damage (CLC), the International Oil Pollution Compensation Funds (FUNDs), and the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM). However, Taiwan’s particular international status prevents formal participation in these treaties. This study evaluates Taiwan’s legal and institutional frameworks on ship emission control, pollution liability and compensation, and interagency coordination, identifying key gaps compared with global standards. By analyzing Japan’s and South Korea’s best practices in port management, cross-border pollution prevention, and vessel monitoring, this study proposes legal and policy reforms that are tailored to Taiwan. Recommendations include strengthening liability mechanisms, enhancing interagency collaboration, monitoring vessels, and fostering regional cooperation. Our findings suggest that these reforms will improve Taiwan’s marine environmental governance and contribute to regional and global ocean sustainability. Full article

(This article belongs to the Section Environmental Law Issues)

► Show Figures

Figure 1

Journal Menu

Journal Browser

Laws, Volume 14, Issue 5 (October 2025) – 12 articles

Further Information

Guidelines

MDPI Initiatives

Follow MDPI