Journal Description
Laws
Laws
is an international, peer-reviewed, open access journal on legal systems, theory, and institutions, published bimonthly online by MDPI.
- Open Access— free for readers, with article processing charges (APC) paid by authors or their institutions.
- High Visibility: indexed within Scopus, ESCI (Web of Science), RePEc, vLex Justis, CanLII, Law Journal Library, and other databases.
- Journal Rank: JCR - Q1 (Law) / CiteScore - Q1 (Law)
- Rapid Publication: manuscripts are peer-reviewed and a first decision is provided to authors approximately 31.4 days after submission; acceptance to publication is undertaken in 5.6 days (median values for papers published in this journal in the first half of 2024).
- Recognition of Reviewers: reviewers who provide timely, thorough peer-review reports receive vouchers entitling them to a discount on the APC of their next publication in any MDPI journal, in appreciation of the work done.
Impact Factor:
1.3 (2023)
Latest Articles
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
Laws 2024, 13(6), 66; https://doi.org/10.3390/laws13060066 - 28 Oct 2024
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
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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)
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
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
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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
Open AccessArticle
Adapting the Competition Policy for the Digital Age: Assessing the EU’s Approach
by
Gentjan Skara, Oriona Muçollari and Bojana Hajdini
Laws 2024, 13(5), 64; https://doi.org/10.3390/laws13050064 - 27 Sep 2024
Abstract
Nowadays, the use of digital services is indispensable to the daily activity of businesses or end users. Digital services and online platforms contribute to the internal market by opening new business opportunities, increasing industry competitiveness, and widening consumer choice. While digital services have
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Nowadays, the use of digital services is indispensable to the daily activity of businesses or end users. Digital services and online platforms contribute to the internal market by opening new business opportunities, increasing industry competitiveness, and widening consumer choice. While digital services have contributed to boosting innovation and developing new business models, a few online platforms act as gatekeepers by controlling a large digital market, likely leading to unfair practices and conditions for business users and end users. Against this background, this paper discusses the rationale and the necessity for regulating digital technology development in the digital market. It analyses the EU’s approach to adapting competition policy for the digital age. This paper argues that the Digital Markets Act will undoubtedly impact business models in the digital market and regulatory framework at the national level. However, its fundamental success will depend on whether the Commission has the appropriate tools to address the development of new technologies.
Full article
Open AccessArticle
Human Rights at the Climate Crossroads: Analysis of the Interconnection between Human Rights, Right to Climate, and Intensification of Extreme Climate Events
by
Eliana Díaz-Cruces, María Méndez Rocasolano and Camilo Zamora-Ledezma
Laws 2024, 13(5), 63; https://doi.org/10.3390/laws13050063 - 19 Sep 2024
Abstract
This paper analyzes the theoretical foundation and practical implications of recognizing the right to a stable climate as a fundamental human right. Further, it examines the intersection of human rights, right to climate, and the intensification of extreme climate events. Through a bibliometric
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This paper analyzes the theoretical foundation and practical implications of recognizing the right to a stable climate as a fundamental human right. Further, it examines the intersection of human rights, right to climate, and the intensification of extreme climate events. Through a bibliometric analysis, the study highlights the increase in scholarly attention paid to this nexus. The intensification of extreme climate events, such as the Cumbre Vieja volcano in Spain, is also analyzed as a catalyst for recognizing the right to climate as a human right, as a fundamental requirement for its enactment. Indeed, it is argued that this recognition is necessary to achieve climate justice. These thoughts about the necessity of recognizing the right to climate as a human right are also based on a similar case, the enactment of the rights to water and sanitation, which is presented as a case study, demonstrating how specific environmental rights can be integrated into human rights discourse. The results and discussion section synthesizes these findings, highlighting the imperative of recognizing climate rights to ensure justice and sustainability amidst escalating climate challenges.
Full article
(This article belongs to the Section Human Rights Issues)
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Open AccessArticle
Social Farming in EU from Legal to Sociological Perspective: Developing European Solution
by
Georg Miribung
Laws 2024, 13(5), 62; https://doi.org/10.3390/laws13050062 - 18 Sep 2024
Abstract
Social farming is a much-studied concept in the European Union, but debates continue on the issues of standardised content and terminology. Therefore, this study involved an empirical analysis of various social farming concepts, outlining a way in which relevant rules can be designed
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Social farming is a much-studied concept in the European Union, but debates continue on the issues of standardised content and terminology. Therefore, this study involved an empirical analysis of various social farming concepts, outlining a way in which relevant rules can be designed at the European level. Various models of social farming were empirically analysed, with a focus on the (a) aim of the organisation, (b) actors within and outside the organisation, and (c) communication and decision-making structures. This study demonstrates that a European-level legal act should be adopted to achieve standardisation; however, full harmonisation is not desirable, at least not at present. It will be necessary to oblige Member States to catalogue specific activities to be covered by the term social farming in a given legal system. The pivotal point here is the multifunctional idea of agriculture, which ultimately means that social agriculture will have to support traditional agricultural activities, an approach that could be used to promote social farming systematically. The main feature of this proposal is the implementation of an open, subsidiary approach to do justice to the versatility of social farming.
Full article
Open AccessArticle
Transformative Impact of the EU AI Act on Maritime Autonomous Surface Ships
by
Young-Gyu Lee, Chang-Hee Lee, Young-Hun Jeon and Jae-Hwan Bae
Laws 2024, 13(5), 61; https://doi.org/10.3390/laws13050061 - 16 Sep 2024
Abstract
The International Maritime Organization collaborates with member states to develop the Maritime Autonomous Surface Ships (MASS) Code to establish an international agreement framework. In December 2023, an agreement was reached on the European Union (EU) Artificial Intelligence (AI) Act within the MASS Code.
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The International Maritime Organization collaborates with member states to develop the Maritime Autonomous Surface Ships (MASS) Code to establish an international agreement framework. In December 2023, an agreement was reached on the European Union (EU) Artificial Intelligence (AI) Act within the MASS Code. It was officially finalized and implemented on 1 August 2024. While the Act’s full application is set for two years later, certain provisions regarding safety against AI risks will take effect sooner. This study utilized a multiple-streams analysis method to examine how the EU AI Act impacted shipyards and shipping companies, focusing on ethical AI use and user safety. The findings indicate that technical completeness, safety enhancement, and AI system regulation through risk classification influence autonomous ship innovation. The challenges of reviewing the commercialization of new technologies for autonomous ships may result in market failures or decreased industry competitiveness. The study emphasizes the need to balance AI safety and ethical responsibility with autonomous ship development innovations. To ensure the sustainable application of AI technology, innovators must adapt to the EU AI Directive. Hence, this study confirms that the ethical and legal regulation of AI technology is crucial in technological innovation and development related to autonomous ships.
Full article
(This article belongs to the Topic Emerging Technologies, Law and Policies)
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Open AccessArticle
China’s Legal Practices Concerning Challenges of Artificial General Intelligence
by
Bing Chen and Jiaying Chen
Laws 2024, 13(5), 60; https://doi.org/10.3390/laws13050060 - 12 Sep 2024
Abstract
The artificial general intelligence (AGI) industry, represented by ChatGPT, has impacted social order during its development, and also brought various risks and challenges, such as ethical concerns in science and technology, attribution of liability, intellectual property monopolies, data security, and algorithm manipulation. The
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The artificial general intelligence (AGI) industry, represented by ChatGPT, has impacted social order during its development, and also brought various risks and challenges, such as ethical concerns in science and technology, attribution of liability, intellectual property monopolies, data security, and algorithm manipulation. The development of AI is currently facing a crisis of trust. Therefore, the governance of the AGI industry must be prioritized, and the opportunity for the implementation of the Interim Administrative Measures for Generative Artificial Intelligence Services should be taken. It is necessary to enhance the norms for the supervision and management of scientific and technological ethics within the framework of the rule of law. Additionally, it is also essential to continuously improve the regulatory system for liability, balance the dual values of fair competition and innovation encouragement, and strengthen data-security protection systems in the field of AI. All of these will enable coordinated governance across multiple domains, stakeholders, systems, and tools.
Full article
Open AccessArticle
Linking a Digital Asset to an NFT—Technical and Legal Analysis
by
William Fernando Martínez Luna, Ana María Moreno Ballesteros and Edgar José Ruiz Dorantes
Laws 2024, 13(5), 59; https://doi.org/10.3390/laws13050059 - 11 Sep 2024
Abstract
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NFTs (non-fungible tokens) enable the commercialization of goods and services through blockchain technology, enhancing the security, transparency, and speed of transactions. The primary challenge NFTs face is their connection to the underlying asset, ensuring that transferring the token also means transferring the linked
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NFTs (non-fungible tokens) enable the commercialization of goods and services through blockchain technology, enhancing the security, transparency, and speed of transactions. The primary challenge NFTs face is their connection to the underlying asset, ensuring that transferring the token also means transferring the linked asset. This interdisciplinary article examines the technical and legal challenges of creating and linking a digital asset to an NFT. To explain the binding process, an NFT associated with a digital artwork was created, and relevant internal and uniform legal regulations were analyzed.
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Open AccessArticle
Green Belt Legislation Regulation: Comparative Legal Research
by
Natalia Lisina, Aleksandra Ushakova and Svetlana Ivanova
Laws 2024, 13(5), 58; https://doi.org/10.3390/laws13050058 - 9 Sep 2024
Abstract
Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of
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Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of regulation of such legislation. Based on the analysis of typical legal conflicts, the problem areas which need the most attention of the legislator have been identified. The methods of differentiation of the legal regime for various areas within the green belt are investigated, taking into account their geographical features and specific management goals. The most promising areas for legal regulation that require the increased attention of legislators speak to the establishment of the procedures and criteria for excluding land plots from the green belt, the regulation of village development processes within the green belt, the establishment of a comprehensive list of agricultural types of permitted use, and the establishment of the procedure for the development of specialized plans or strategies for the use and protection of the green belt. The article offers solutions to these issues. The methodology of comparative law, including the functional method, was used in the study.
Full article
(This article belongs to the Topic Energy Policy, Regulation and Sustainable Development)
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Open AccessCorrection
Correction: Cowart et al. (2023). Should Pharma Companies Waive Their COVID-19 Vaccine Patents? A Legal and Ethical Appraisal. Laws 12: 47
by
Tammy Cowart, Tsuriel Rashi and Gregory L. Bock
Laws 2024, 13(5), 57; https://doi.org/10.3390/laws13050057 - 5 Sep 2024
Abstract
In the original publication (Cowart et al [...]
Full article
Open AccessArticle
Natural Law, Common Law, and the Problem of Historicism in American Public Life and Education
by
Benjamin P. Haines
Laws 2024, 13(4), 56; https://doi.org/10.3390/laws13040056 - 21 Aug 2024
Abstract
Recent developments within American politics have witnessed an increase in the use of history to highlight the need for social justice and civic engagement. Yet, on its own, history is an altogether impotent means of doing so, for it fails to provide the
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Recent developments within American politics have witnessed an increase in the use of history to highlight the need for social justice and civic engagement. Yet, on its own, history is an altogether impotent means of doing so, for it fails to provide the public with the moral framework necessary for evaluating past injustices on an objective basis. To remedy this problem, this essay suggests that historians and other scholars and activists who are interested in civic engagement and social justice should look to the classical and common law traditions; the answer to the theoretical need for a solution to problems within presentist activism has, in other words, been the law. Doing so would provide a more universal and shared conception of past injustices and help increase a polity’s moral consciousness. Practically, this strategy can be implemented through a classical or liberal education, with the additional help of state legislatures. In all, this essay argues that history on its own is insufficient for moral education, that the best moral education is offered through the classical model, and that, as a practical matter, it is necessary for a legislative solution to mandate that education, if it will ever be possible to find an objective basis for civic engagement and social justice.
Full article
(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
First-Year Experience or One-Year Experience? The Future of Civic Engagement in Higher Education
by
Glenn Moots and James M. Patterson
Laws 2024, 13(4), 55; https://doi.org/10.3390/laws13040055 - 20 Aug 2024
Abstract
Building on recent civic engagement conversations, this article considers several legal proposals and existing frameworks that are meant to expand opportunities for civic growth and interaction in higher education. Though well intentioned, these proposed and existing guidelines, as we demonstrate, in many cases,
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Building on recent civic engagement conversations, this article considers several legal proposals and existing frameworks that are meant to expand opportunities for civic growth and interaction in higher education. Though well intentioned, these proposed and existing guidelines, as we demonstrate, in many cases, restrict the ability of students to learn in traditional ways that facilitate their civic interactions on campus. The suggested and recently implemented reforms include expanded Advanced Placement and Dual Credit opportunities, reduced support for general education classes, and 90 h degrees intended to replace 120 credit hour degrees. The issue with all of these ideas (implemented or not), as we show, is that they amputate what is critical to a genuine undergraduate civic engagement experience: time physically spent on campus, building bonds of trust within a cohort in a way that makes possible the tough conversations, without which true civic connection never becomes a reality. The recommendation of our article as a whole, then—at the local, state, and federal levels—is to use all available legal tools, including ones connected to financial aid and accreditation, to not further reduce time that students are required to spend on campus as a prerequisite of graduation. Maintaining residential requirements, as we further show, will also advance goals of equity and equal access.
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(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
Revisiting the Conceptual Terrains of the Right to Accessibility in India: The Role of Judicial Enforcement
by
Sanjay Jain and Malika Jain
Laws 2024, 13(4), 54; https://doi.org/10.3390/laws13040054 - 16 Aug 2024
Abstract
The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part
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The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate its constitutional and statutory manifestations. Further, the measures undertaken by the government in the form of policies, guidelines and campaigns to ensure accessibility in the Indian socio-political infrastructure are also assessed. The same is followed by the analysis of significant judicial precedents of the Supreme Court and High Courts on different aspects of the right to accessibility, to demonstrate how the courts have spearheaded various structural enhancements in the accessibility regime in India. The paper is concluded by drawing attention to the need for greater synchronicity in the adjudication and implementation of the principle of accessibility.
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(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)
Open AccessArticle
Explaining Asylum Law Using Qualitative Comparative Analysis
by
Philip Kretsedemas
Laws 2024, 13(4), 53; https://doi.org/10.3390/laws13040053 - 14 Aug 2024
Abstract
This article demonstrates how Qualitative Comparative Analysis (QCA) can be applied to the study of case law, with an emphasis on the granular analysis of jurisprudence. This article’s empirical focus is a study of asylum decisions issued by the US Circuit Courts. Prior
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This article demonstrates how Qualitative Comparative Analysis (QCA) can be applied to the study of case law, with an emphasis on the granular analysis of jurisprudence. This article’s empirical focus is a study of asylum decisions issued by the US Circuit Courts. Prior research, using statistical methods, has observed disparities in asylum case outcomes that are partly explained by sociopolitical factors such as the partisan affiliation, gender, and home-state politics of the judiciary. This article uses QCA to revisit these findings; incorporating an analysis of jurisprudential criteria alongside the sociopolitical factors that have been identified by prior studies. All of the Circuit Court decisions for the cases included in the QCA analysis were issued during the first year of the Trump presidency; a time at which asylum-seekers at the US–Mexico border were becoming a focal point both for immigration enforcement and a polarized national debate over immigration policy. Despite the charged political context for these decisions, the QCA findings show that the two most decisive factors for Circuit Court decision-making on these cases were their rulings on nexus and patterns of decision-making that were specific to each court. The closing discussion cautions the reader against generalizing these findings to all appellate-level asylum decisions out of consideration for the epistemological orientation of QCA. Hence, the findings from this study should not be taken as conclusive evidence that sociopolitical factors are of little causal value for research on the appellate courts. Nevertheless, the findings do indicate that more attention should be paid to the explanatory power of jurisprudence. The concluding discussion also highlights the potential that QCA holds for building out a logic-based theory of legal decision making that can account for jurisprudence in tandem with sociopolitical factors and localized cultures of decision-making that help to explain disparate applications of the law.
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Open AccessArticle
Disabled Pedestrians, Micromobility, and Furthering Disability Equality Law through Consultation: A Case Study of the Toronto E-Scooter Ban
by
Laverne Jacobs and Harry Dhaliwal
Laws 2024, 13(4), 52; https://doi.org/10.3390/laws13040052 - 13 Aug 2024
Abstract
This article documents and explores the history of the e-scooter ban in Toronto, Ontario, Canada as a pathway to examining broader issues concerning the eradication of accessibility barriers in public spaces for pedestrians with disabilities and respectful uses of consultation to develop disability-inclusive
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This article documents and explores the history of the e-scooter ban in Toronto, Ontario, Canada as a pathway to examining broader issues concerning the eradication of accessibility barriers in public spaces for pedestrians with disabilities and respectful uses of consultation to develop disability-inclusive regulations. The use of e-scooters poses a particular dilemma to accessibility for persons with disabilities. On the one hand, the concept of disability contemplates attitudinal and environmental barriers, as noted, for example, in the Preamble of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD). Attitudinal and environmental barriers have traditionally stemmed from interests that are inherently opposed to the collective interests of disabled persons. Examples include attitudes that project stigma against persons with disabilities or a focus on seeking to preserve historical features of the built environment for their aesthetics, without consideration for their accessibility or functionality for disabled persons. They have also generally originated in periods of historical marginalization or exclusion of persons with disabilities. By contrast, e-scooter debates and connected debates regarding the regulation of micromobility vehicles, contain at least one dimension that could very well be shared with persons with disabilities—that is, the preservation of the environment. E-scooters are also a phenomenon of contemporary disability exclusion: policies concerning environmental sustainability, including those promoting e-scooters, are being developed contemporaneously with growing international and national legal recognition of disability rights. These factors render arguments over appropriate regulation of the use of public spaces more complex as, within those arguments, one sees two competing positive policy directions that need to be addressed: the rights of pedestrians with disabilities and environmental sustainability. This article concludes with theoretical and practical suggestions for strengthening regulatory policymaking to address these and other complex intersectional issues of accessibility policy design.
Full article
(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)
Open AccessRetraction
RETRACTED: Ahmad (2021). Protecting the Rights of Minorities under International Law and Implications of COVID-19: An Overview of the Indian Context. Laws 10: 17
by
Nehaluddin Ahmad
Laws 2024, 13(4), 51; https://doi.org/10.3390/laws13040051 - 9 Aug 2024
Abstract
Laws retracts the article “Protecting the Rights of Minorities under International Law and Implications of COVID-19: An Overview of the Indian Context” (Ahmad 2021), cited above [...]
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(This article belongs to the Special Issue The Crisis of Religious Freedom in the Age of COVID-19 Pandemic)
Open AccessArticle
The UDHR at 75: Analysing the Prevalence of the Use of the UDHR and Other Human Rights Treaties in the Work of the Constitutional Court of South Africa
by
Angelo Dube
Laws 2024, 13(4), 50; https://doi.org/10.3390/laws13040050 - 6 Aug 2024
Abstract
South Africa’s democracy turned 30 years old in 2024. At the same time, its constitutional order and jurisprudence marked three decades since the Interim Constitution and its successor, the 1996 Constitution, came into operation. Coincidentally, the Universal Declaration of Human Rights (UDHR) turned
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South Africa’s democracy turned 30 years old in 2024. At the same time, its constitutional order and jurisprudence marked three decades since the Interim Constitution and its successor, the 1996 Constitution, came into operation. Coincidentally, the Universal Declaration of Human Rights (UDHR) turned 75 years old in the previous year, 2023. The confluence of these facts is quite poignant in the context of a constitutional text that is often lauded for its commitment to the protection of human rights and the eradication of the injustices of the past, which were firmly entrenched by the segregationist policies of the apartheid regime. At the centre of this hype about South African constitutional jurisprudence is the centrality of international law to the interpretation of the Bill of Rights as well as the development of the common law, customary law, and statutory law. With the UDHR being such a central pillar in the human rights sector, this study set out to determine the extent to which the Constitutional Court of South Africa relied on the UDHR and other international instruments in carrying out the mandate set out above. The study analysed cases delivered by the Court in two separate years, spaced ten years apart. The study did not necessarily attempt to determine a correlation, but simply to use descriptive statistics to determine how often, in those two years, the Court relied on international law in general, and on the UDHR in particular, in its interpretive and legal development mandate.
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(This article belongs to the Special Issue Rethinking Human Rights)
Open AccessArticle
Criminalizing Abuse, Neglect, and Financial Exploitation of Older Adults
by
Julie N. Brancale and Thomas G. Blomberg
Laws 2024, 13(4), 49; https://doi.org/10.3390/laws13040049 - 30 Jul 2024
Abstract
The criminalization of abuse, neglect, and financial exploitation of older adults did not begin until the late 1990s in the United States. During this time, a number of states enacted laws criminalizing certain abusive and exploitive behaviors committed against older adults and added
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The criminalization of abuse, neglect, and financial exploitation of older adults did not begin until the late 1990s in the United States. During this time, a number of states enacted laws criminalizing certain abusive and exploitive behaviors committed against older adults and added punishment enhancements to existing laws if victims were over a certain age. These laws and policies, and the impetus for them, mirrored those enacted decades prior as part of the child welfare movement, with connections drawn between the vulnerability of younger and older victims. Despite passage of these various abuse and exploitation laws for older adults, significant challenges remain in the identification, investigation, and prosecution of crimes committed against this population. Further, the population of older adults has been rapidly expanding along with rates of victimization, elevating the importance of this escalating social problem. This paper identifies limitations in the prior research by describing the past, present, and likely future of U.S. law and policy intended to effectively respond to crimes against older adults and concludes with a research and policy agenda.
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Open AccessArticle
Energy Security, Energy Transition, and Foreign Investments: An Evolving Complex Relationship
by
Maria Rosaria Mauro
Laws 2024, 13(4), 48; https://doi.org/10.3390/laws13040048 - 19 Jul 2024
Abstract
Energy has historically enticed significant interest from foreign investors. Simultaneously, it has perpetually held a pivotal position in any nation’s framework. Consequently, governments have long regarded energy security as a paramount concern, crucial for ensuring national stability. Energy security, simply put, is defined
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Energy has historically enticed significant interest from foreign investors. Simultaneously, it has perpetually held a pivotal position in any nation’s framework. Consequently, governments have long regarded energy security as a paramount concern, crucial for ensuring national stability. Energy security, simply put, is defined as “the availability of sufficient supplies at affordable prices.” However, a more contemporary perspective also emphasizes the necessity for long-term sustainability in the supply. This perspective adds a new foundational element—sustainability—to the concept of energy security. Stemming from this premise, two phenomena in the energy sector emerge that could impact international foreign direct investment (FDI) flows. Firstly, the transition from hydrocarbons to renewable sources necessitates substantial investment, wherein foreign investments could play a pivotal role. Secondly, there is an increasing trend of States utilizing FDI for strategic objectives. The acquisition of strategic energy infrastructure by foreign entities is now perceived as a risk to the energy supply security of nations. Consequently, several States have bolstered their FDI screening mechanisms to assess potential impacts on supply security, infrastructure operation, and national security in general. These two aforementioned phenomena may sometimes conflict. This article aims to analyze the intricate relationship between energy security, energy transition, and foreign investments. The author posits that an overly broad interpretation of national security and the misuse of screening mechanisms could serve as instruments for shielding the domestic economy, potentially undermining the foreign investment legal framework. Such an approach in the energy sector could have a “chilling effect,” leading to a reduction in FDI and impeding the energy transition or the attainment of other energy-related objectives. At the same time, a deep reform of the international investment regime is required, which should go through a modification of International Investment Agreements (IIAs) clauses but also through a more environmentally friendly approach by investment arbitral tribunals. It appears extremely difficult to find a balance between international investment law and environmental/climate change law. In this context, the Energy Charter Treaty (ECT), which has recently undergone a “modernization process,” is assumed to be a test bench.
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(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)
Open AccessEssay
The Right to Data Portability as a Personal Right
by
Alejandro Laje and Klaus Schmidt
Laws 2024, 13(4), 47; https://doi.org/10.3390/laws13040047 - 15 Jul 2024
Abstract
The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data
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The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data collector’ without any legal consequences as long as the original ‘collector’ has received consent either derived via a contract or other means. This data transaction from one ‘collector’ to another is often carried out by automated means; it is easily technically possible and is therefore considered to not negatively affect the rights and freedoms of others. This right to data transfer is guaranteed when it comes to data collected in the public interest or in the exercise of public powers conferred on the ‘collector’. The main precedent to the right to data portability is the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with respect to the processing of personal data and their free circulation, which repeals Directive 95/46/EC (General Data Protection Regulation). In Article 20, this regulation discusses the right to data portability, establishing the basic guidelines for this right. Thus, a new personal right is guaranteed, given the context of the general protection of data. In order to strengthen control over their own data, a natural person must also be allowed to receive data in the same structured way.
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Global Threats in the Illegal Wildlife Trade and Advances in Response
Guest Editors: Nicholas Pamment, Anne-Marie WeedenDeadline: 30 November 2024
Special Issue in
Laws
The Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC)
Guest Editor: Stuart YehDeadline: 31 December 2024
Special Issue in
Laws
AI and Its Influence: Legal and Religious Perspectives
Guest Editors: Michael Broyde, Whittney BarthDeadline: 15 January 2025