Frontiers in Law Editor-in-Chief: Fernando Galindo View Profile Abbreviated key title: Front. Law ISSN (online): 2817-2302 Published by: Lifescience Global Periodicity: One Volume per year - Open Access For further information contact us here Scope and Topics of the Journal Frontiers in Law is an international, peer-reviewed, open- access journal that publishes articles on all aspects of legal interest. It aims to provide a multidisciplinary forum for publishing manuscripts by global scholars examining the legal systems, legal practitioners pursuing in any discipline of law; as well as students of legal studies. The journal welcomes traditional legal articles in all disciplines of law with particular emphasis on innovative articles addressing the contemporary developments in this field. We aim to publish research work truly representing the wide range of interests across all legal scholarship globally; and disseminate this knowledge to reader in every corner of the world free of cost through our open access publication policy and indexing in renowned agencies. The journal accepts submission of manuscripts, review articles and case reports relevant to the different subfields of law including comparative, transnational, international, historical, theoretical, economical, social, health, environmental, penal aspects etc. as well as other currently arising facets in law and legislation; however, the submissions are considered for publication after rigorous peer review.
Artificial Intelligence and Privacy Breaches: A Socio-Legal Analysis of Digital Crimes against Women in India
The issue of Digital Crimes Against Women in India is a growing concern within society today due to the rapid growth of Internet Access throughout the Country, as well as Digital Technologies. Within this discussion are some of the most common types of Digital Crime Against Women including Cyber-Bullying, Trolling and the abuse of Deep Fakes. Cyber-Bullying is defined as the intentional act of using Digital Platforms to abuse or threaten or degrade women through harassment. This has been shown to cause significant Psychological Distress for many women. Trolling is another common form of Digital Crime that occurs to women. This is the posting of inflammatory statements or comments meant to incite emotional responses and create further marginalization for women in Online Spaces. With the introduction of Deep Fake Technology, this has created an additional dimension of Digital Harassment. The objective of this paper is to explore the Multidimensional Nature of Digital Crime against Women in India. Digital Crimes will be examined through cyber-bullying, trolling and deep fakes. This paper enhances the current body of Law in India by showing where India’s Digital Laws are deficient regarding AI-based and Deepfake-generated Gendered Harms. In addition, it proposes to create additional Targeted Technology-Specific Regulations to protect Women’s Digital Privacy and Dignity.
Protecting Judges, Protecting the Law: How Gender, Social Support, and Identity relate to Judicial Stress
Judges’ wellbeing can affect society as a whole. The Model of Judicial Stress (MJS) proposed relationships between multiple personal and social factors, workplace stress, and a variety of negative personal and professional outcomes that can result from high stress. Prior studies have found gender differences in stress among judges, as well as stress buffering effects from personal social support networks. In this study, we examined 76 judges’ self-reported levels of three types of stress and considered the potential benefits of social support from workplace networks – in addition to personal networks – as a separate buffer for stress. In addition, we tested relationships between stress and social identity, and stress and stress-intervention preferences. Consistent with previous research, this study found gender differences for the different stress measures: burnout, secondary traumatic stress, and general stress. Further, workplace social support was negatively related to burnout when controlling for the effects of gender, time on the bench, and nonworkplace social support. Judges who placed higher importance on their “judge” identity reported higher levels of stress when they had lower social support from personal networks. Finally, stress mediated the relationship between social support and job satisfaction. Addressing judicial stress can promote wellness in judges and society in general.
Conflict-of-Laws Issues of Determining Administrative Jurisdiction and Deviation From Established Judicial Practice: The Case of Ukraine
The issue of the occurrence of the causes of conflicts of law is relevant, since its solution will depend on the clarity of the presentation of the legal problem. In addition, the formation of a proper functioning mechanism for resolving conflicts of law will increase the efficiency of legal regulation and ensure the stability and development of the legal system as a whole. It should be stated that the conflict problem before the twentieth century. was not the subject of special analysis and study. Everything, as a rule, was limited to stating the legal fact of the existence of collisions, as well as highlighting the most typical ways to overcome them. One of the obstacles to the proper functioning of the mechanism for determining and delimiting the administrative jurisdiction of cases of administrative offenses and other administrative cases is the existence of separate legal conflicts. At the same time, legal conflicts are characteristic not only in the issues of delimitation of jurisdiction for consideration of administrative and tort cases, but they also take place in the delimitation of the subjects of competence of administrative jurisdiction bodies. The imperfection of legislative technique and contradictions in laws, the presence of cases of regulation of the same legal relations by the norms of different laws leads to unequal application by the court of the same norms of substantive law and the adoption of different court decisions in similar legal relations. Therefore, the Constitution of Ukraine guarantees the right to appeal and cassation review of court decisions. As S. Shevchuk notes, acting according to the law, courts can violate the organic essence of law, taking the norm out of context. The norms of the law should be applied in the context of European standards – to promote the protection of human rights and freedoms in order to comply with the principle of the rule of law: finding a principle in which a norm can only be an element of argumentation.
Algorithms of Air Law - Connecting the Dots
Rapid developments in the aviation industry bring to bear the compelling need to reexamine algorithms in air law. For example, the advent of advanced air mobility (AAM), typified by eVTOL aircraft and algorithm-driven systems, compels an evaluation of traditional air law. Rooted in treaties such as the Paris Convention of 1919 and the Chicago Convention of 1944, air law has evolved incrementally in response to the growth of global aviation. However, the rapid emergence of technologies such as autonomous aircraft, drones, and quantum computing necessitates a transformative approach. Algorithms, once peripheral to legal considerations, now lie at the heart of this evolution. These systems provide not only a means of optimizing safety and efficiency but also an avenue for addressing the intricate interplay of liability, governance, and ethical considerations. The Council of the International Civil Aviation Organization (ICAO) stands at the forefront of this transformation. Leveraging its role as a global standard-setter, the Council can convene stakeholders to develop adaptive legal instruments, emphasizing cybersecurity protocols, liability apportionment, and equitable access. By fostering interdisciplinary collaboration and engaging in proactive governance, ICAO can ensure that AAM integrates innovation with fairness and resilience. Ultimately, the integration of algorithms into air law represents more than a technological shift; it demands a philosophical reorientation. The algorithm emerges not only as a tool but also as a metaphor for interconnectedness and adaptability. Air law, in embracing this paradigm, must transcend prescriptive rules to become a living, dynamic framework capable of guiding aviation into an equitable, sustainable future. Only through such an approach can we ensure that the skies remain navigable, secure, and just, reflecting a balance between technological progress and human values. This article examines the issues involved.
Analyzing Secondary Trademark Liability from the Perspective of Economic Strategy in US and Iranian Law
In US law, trademark infringement can occur in two ways: direct and indirect. In the latter case, a person, without committing an act that constitutes trademark infringement, performs a behavior that, depending on the case, results in the realization of participatory (and motivational) or vicarious liability. Considering the state of technological innovation in America, the identification of such an institution seems justified. In the Iranian legal system, indirect liability for trademark infringement is not foreseen and various instances of this type of infringement are subject to general civil liability regulations, which is logical considering the state of technological innovation in Iran. The purpose of the present study, using a desc riptive-analytical method, is to examine the liability for indirect trademark infringement from the perspective of its effects in the field of technology. The US situation in terms of technology justifies the recognition and application of such a liability, considering its elements.However, considering the state of technological innovation in Iran and considering all the circumstances, including international regulations, Iran's political-economic situation in the international arena, etc., the failure to recognize the entity of indirect liability resulting from trademark infringement and reliance on general civil liability provisions in this context is justified and recommended.
Educational Empowerment: Michelle Obama's Advocacy for Girls' Right to Education
Michelle Obama, lawyer, writer, and former First Lady of the United States (2009-2017), has become a role model for women because of her beliefs in universal access to education. She has especially been a staunch defender of human rights and, in particular, of the rights of girls not only to access education, but also to remain in the system to access a university education that guarantees them a future and allows them to be independent. Unfortunately, this permanence in the educational system often entails a struggle against discriminatory social conventions based on gender, which lead girls to abandon their studies and, therefore, be relegated to the domestic-private sphere. In 2015, Michelle Obama and her husband launched Let Girls Learn to promote girls’ schooling and raise awareness of their need for higher education worldwide.
International Survey about Perceptions of Courts’ Role in Addressing Social Issues through Problem-Solving Courts
Purpose of the study: Community sentiment is a collective group of attitudes toward an object–such as problem-solving courts–which could differ between populations. This study addresses community sentiment regarding whether the courts should address social problems and whether community sentiment differs based on the type of problem-solving court. It also investigates whether the perceived responsibility of courts to address social issues differs based on country (United States, Australia, and Canada) or individual differences, as well as whether group or individual differences are more predictive of support for problem-solving courts. Method: We surveyed citizens in the U.S., Australia, and Canada using an online survey. Results: We found that participants had positive community sentiment toward all four (drug, homelessness, mental health, tribal wellness/Aboriginal) problem-solving courts and community sentiment did not differ between countries. We also found that endorsement of therapeutic jurisprudence was the largest predictor for community sentiment toward all four courts. Conclusion: We found that sentiment was positive but similar in all countries. Individual differences (e.g., authoritarianism, support for justice principles, and attributions for crime) were stronger predictors than country of residence. This study can help encourage the creation of specialty courts to address social issues.
Quest for Philosophical Groundings of Affirmative Action Policy
From its inception to the present, affirmative action has been a never-ending issue. Despite being endlessly debated since its inception, an unmistakable agreement on whether or not a nation's government can implement affirmative action policy appears to have gone unnoticed thus far. Affirmative action is a public policy that seeks to compensate victims of past injustice at the expense of others' possession. This is why it is viewed negatively in terms of equality and possessive individualism. At best, a few fashionable philosophers, such as John Kekes and Carl Cohen, do not believe in affirmative action policy because it, explicitly or implicitly, discounts the equality opportunity principle. In contrast to the position, some thinkers, such as John Rawls, believe that affirmative action policies for the disadvantaged and under-represented should be implemented. The purpose of this paper is to provide a philosophical understanding of affirmative action policy by constructing affirmative action policy's positive (favouring) and negative (disfavoring) arguments. The author's position on this issue will be advanced at the end of the paper.
Advisory Opinions under Protocol No. 16 to the ECHR. A Theoretical and Empirical Analysis of the Legal Nature of the ‘Questions of Principle’
One of the most significant legal arguments against the ratification of Protocol No. 16 to the European Convention on Human Rights (ECHR) is that advisory opinions issued by the European Court of Human Rights (ECtHR) would pose a threat to national sovereignty and judicial discretion. Several counterarguments have already been examined by scholars. The counterargument that will be demonstrated here is that advisory opinions cannot pose a threat to national sovereignty or judicial discretion because they are issued on ‘questions of principle’. In other words, this means that the requesting domestic highest courts or tribunals keep sufficient margin of discretion, when it comes to the concrete case brought before them. Such hypothesis will be demonstrated from a theoretical perspective, reflecting upon the legal concept of ‘principle’; and through an empirical analysis of the advisory opinions issued so far by the ECtHR. Demonstrating the hypothesis would be relevant in order to allow the States to understand that the ratification of Protocol No. 16 would not pose any threat to the discretion of domestic Courts, neither in theory nor in practice.
Historical Policy of Local Communities: Formal-Legal and Informal Foundations
The article examines the historical policy of institutionalized and non-institutionalized actors as tools for the formation of national identity and interethnic tolerance. Local communities, whose commemorative practices are family memory, as well as discourses on social networks, are considered as non-institutionalized factors. The research area is Khanty-Mansiysk Autonomous Area - Yugra. The methods used are content analysis of regulatory documents, as well as in-depth interviewing. Institutionalized and non-institutionalized means of historical policy are considered. It is concluded that historical policy implemented by local communities in the sphere of formation of interethnic tolerance has normative and legal support and is systematic. The differences between the narratives of historical policy at the local level and the official state discourse are noted. Informal practices of forming collective ideas about the past are not only trusted at the cognitive level, but also have a much deeper impact on the emotional sphere of people, appealing to images of family or local history. And this often turns out to be a factor that has a deeper impact on the formation of collective ideas about the past. As a result, in some cases the narratives of state historical policy are simply ignored by collective memory, while in others they can acquire a significantly different semantic content. Even in cases where collective ideas about the past seem to coincide with the official narrative, the concepts they operate with can have a significantly different semantic content compared to the indoctrinal position. As a result of this kind of aberration of historical memory, the connotations of historical events acquire completely different meanings in people's memory compared to the official discourse.
US Vicarious Liability of Parents for Copyright Infringement by Minors: Review and Reform
Vicarious liability is one of the types of responsibilities arising from the acts of others. In US law, there are general rules that, if the persons under the control, commit copyright infringement and a financial benefit reach to the person with the right of control, the latter will have a vicarious liability. Undoubtedly, minors are one of the most obvious examples of people under control, which is often done by their parents. Moreover, in the current era, it is very likely that many infringements are committed by minors, especially in the Internet environment. Therefore, parents are generally subject to vicarious copyright liability arising from the infringing acts minors. the probability of vicarious liability of Parents for chides copyright infringement, has been given under general rule of this type of liability, while the nature of the relationship between parents and children and the basis of parents' responsibility for the fault of their children, Requires some differences in this regard.
Examining the Role of Deepfake Technology in Organized Fraud: Legal, Security, and Governance Challenges
Deepfake technology has evolved astonishingly by applying artificial intelligence (AI) to inspire ultra-realistic audio and video content. Initially praised for its legitimate use cases in entertainment and education, deepfake technology has increasingly become a tool for organized fraud and other malicious purposes. This paper investigates the role of deepfake technology in enabling identity theft, financial fraud, and unlawful activities. By conducting a qualitative comparative analysis of three cases, this paper analyzes deepfakes' legal, security, and governance aspects, indicating that deepfakes have posed a massive threat at the national and global levels. Also, this research demonstrates how the current regulatory regimes cannot adequately mitigate these emerging threats. The results expose glaring deficiencies in accountability and enforcement, which are made even more glaring by the global character of the internet and the accelerative pace of technological innovation. This research provides implications of deepfake technology in organized fraud and offers policy recommendations to mitigate the threats and prevent misuse of deepfake technology in the future.
Finance, Financial Crime and Regulation: Can Generative AI (Artificial Intelligence) Help Face the Challenges?
Generative artificial intelligence (Gen AI) has helped change the trajectory of Banking (FinTech) and Law (Reg Tech/Law Tech). Technology innovates at an astounding rate. AI and Gen AI can not only simulate human intelligence (human thinking) but also perform tasks independently. It can develop intelligence based on its experiences, process detailed and complex information whilst continually learning and re-learning to be able to undertake complex, technical, and time-consuming tasks in real time. It can identify objects, patterns, people and voices(etc.) and look for problems far earlier – this also means it can come up with solutions quickly which in critical situations is of salient importance. The economic, political, and social benefits cannot be underestimated, but must be balanced against its disruptive and destructive potential. This article explores whether Gen AI can help further revolutionise the finance industry and how it can help with risks, and the various regulatory and operational challenges faced by those firms in the United Kingdom (UK). Data is analysed alongside domestic and international published literature. The article starts by summarising current risks and challenges and then discusses how Gen AI can be embedded as part of an arsenal of tools that financial institutions can use to develop and provide solutions to regulatory and operational challenges as at January 2025.
Advanced Air Mobility: Transcending the Frontiers of Aviation Law
This article examines the revolutionary concept of Advanced Air Mobility (AAM) and its potential to transform urban and regional transportation. It begins by contextualizing AAM within the broader trajectory of aviation advancements, showcasing its emergence as a cutting-edge solution for modern transportation challenges. The discussion highlights the defining characteristics of AAM, such as its reliance on autonomous aircraft, electric propulsion technologies, and seamless integration with existing transit systems. The United States’ leadership in this sector is explored, with an emphasis on federal initiatives, partnerships between public and private entities, and the regulatory role of the Federal Aviation Administration. The article identifies key challenges that must be addressed to realize AAM's potential, including technological hurdles, public trust, and the intricacies of managing congested urban airspaces. Further analysis underscores the significant benefits AAM offers, such as reducing traffic congestion, enhancing accessibility, and promoting environmentally sustainable solutions. The article also delves into the legal and regulatory frameworks governing AAM, identifying critical areas that demand reform, such as liability, certification processes, and safety standards. By addressing these issues, the aviation sector can ensure that AAM evolves responsibly, meeting societal needs while adhering to essential legal principles.
How the European Union had Tried to Tackle Fake News and Disinformation with Soft Law and what Changed with the Digital Services Act?
The article shows snapshots from the history of fake news and terms and concepts to use in the field of information disorder (fake news, disinformation, misinformation) based on a thorough literature review. It describes that neither the analysis of only the the speaker’s side (the intention) nor the the recipient’s side (the impact) could not alone give a proper conceptual framework, but both should be used by the legislation to tackle these issues. With the viral misinformation through social media, it is clear that this poses new regulatory challenges and requires rapid-response frameworks suited to the digital age’s unique dynamics. In the European Union, the road was marked by the Code of Practice on Disinformation, and the article describes how the EU Digital Services Act (DSA) tries to tackle fake news and disinformation. The article gives some possible legal solutions also.
Evolving Sustainable Material Culture (SMC): Emerging Trends and Strategic Implications for Green Finance
This paper examines the integration of Sustainable Material Culture (SMC) within the Green Finance (GF) framework, focusing on decision-making strategies inspired by game theory, inference rules, and advanced financial modeling to support sustainable economic principles. Since the 2008 financial crisis, traditional investment strategies have increasingly sought alignment with long-term sustainability goals. However, they inherently carry risks when adapting to the evolving complexities of environmental challenges, such as biodiversity loss, climate change, and infrastructure inequity. SMC is defined here as the material objects, practices, and frameworks reflecting human efforts to promote sustainability, driven by individual and collective investments. Our analysis identifies significant challenges in GF, such as the dual roles of investors as contributors to and beneficiaries of SMC, alongside the application of advanced decision-making frameworks, including Pareto efficiency and Bayesian-Nash equilibrium, to support these roles effectively. We explore how GF initiatives, exemplified by global sustainable finance instruments, address (and sometimes struggle to meet) the multidimensional requirements of SMC. We illustrate how these investments foster economic transformation and resilience by building on case studies of innovative GF initiatives—including sovereign green bond issuances, community-led projects, and energy transition programs in emerging markets. Nuanced trade-offs between commissions and omissions by stakeholders highlight the ethical challenges in designing and promoting sustainable financial products.
International Trade with Special Emphasis on the Free Movement of Goods and Services in Kosovo and Beyond
Current topic in international countries and especially in the member countries of the European Union is free trade, with special emphasis on the freedom of circulation of goods. Based on the legislation in force and the developed practice when it comes to the markets developed between international states, the study in question analyses the specific problems that appear in the markets developed between the individual states of the EU member states. Thus, based on the past and today, the fundamental value of the EU is trade, especially the trade of goods between EU member states, for which special importance has been given in the international legislation concretized for the UN member states. and also, of the EU organization. Thus, based on the past and today, when we focus on free markets, especially trade in goods, it can be seen that EU member states used to have major barriers to trade in goods, while now they have decreased significantly, with some exceptions in the sector of agriculture. More specifically, the member states of the EU organization, with the mandatory observance of the rules set for free trade, are in their favor since, based on the statistics of the past years, tariffs on the import and export of goods have been reduced, and also even in most cases for certain goods the tariffs are completely excluded. In addition to the international states based on the state of Kosovo, from the research done we can say that the state of Kosovo, even though it is not a member state of the UN Organization or the EU, still stands well in terms of free trade of goods, this is due to the fact that free trade agreements have been signed with the countries of the region, a concrete case recently is the agreement with the state of Albania and also the free trade agreement with the countries of Central Europe. Thus, we can say that this study of this paper presents the latest developments related to international free trade with special emphasis on the goods market and analyses the possible economic and political results of international countries.
Indirect Infringement of Intellectual Property in International Documents
It is obvious that mere relying on the domestic laws in intellectual property rights studies and neglecting to pay attention to international documents, is not acceptable, because ultimately, it is international documents that determine and explain the rights and obligations of governments in the international arena. Therefore, it seems necessary to study and review these documents and determine their position regarding the indirect infringement of intellectual property rights and the responsibility arising from it. Several international documents regarding the protection of intellectual property rights have been approved by international assemblies. The Paris Convention for the Protection of Industrial Property Rights, the Berne Convention for the Protection of Literary and Artistic Works (Copyrights), WIPO Internet Treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), are among the most important documents in this field. This article is dedicated to examine the position of the indirect infringement of intellectual rights in these documents.
Women’s Health Under Sustainable Development Goal 5: A Neglected Discourse
Sustainable Development Goal 5 (SDG 5) contemplates minimizing the gap between men and women and achieving gender equality and empowering all women and girls by the year 2030. It categorizes the goal of gender equality and empowerment of all women into nine more sub-divisions. Target 6 talk about to “Ensuring universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences.” As per the World Health Organization, right to health must be ensured to every person, it states that "the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political beliefs, economic or social conditions.” However, research has shown that how this basic human right is being denied to women in the name of socio-religious & cultural beliefs which are responsible for deterioration of women’s health altogether. Socially, women are considered powerless and weaker sex. Culturally, they have to be at all times in the service of every member of the household and as such, are the last person to be bothered about. And biologically, as the structure of women’s body does not remain as static as of men rather it undergoes to drastic change with the growth of their age where a woman has to face myriads of health related issues owing to her sexual and reproductive organs, instead of addressing these health issues medically, people often choose to overlook it as their mind consider such issues as “women’s problem” about which one cannot do anything as if she is destined to develop these health problems just because she is a woman. This paper critically analyzes the health status of women in India and also suggests for a good healthcare system to achieve the goal of gender equality as given in Sustainable Development Goal 5.
Judicial Justice and the European Regulation on Artificial Intelligence
The study has identified several difficulties in effectively implementing artificial inteligence (AI) techniques in judicial proceedings. The approval of regulations, such as Spain's Royal Decree-Law 6/2023, is insufficient for Judges and legal professionals to use these technologies effectively. Several reasons for these challenges are highlighted. Firstly, judicial proceedings and the resulting sentences must be approved by all participants, including the parties involved, Lawyers, Prosecutors, and Judges. The focus should be on the specific conflict and relevant legal texts or precedents, not on AI-generated models based on past data, which may be biased.Secondly, AI technologies are not designed to assist in the specific tasks required by Judges and other officials responsible for processing judicial proceedings. Judicial processes are governed by strict constitutional, procedural, and substantive norms that AI systems are not equipped to handle without significant human oversight.The study also references critical experiences in other countries and opinions from the General Council of the Judiciary in Spain, which point out the lack of precision in the Spanish regulation regarding the use of AI in judicial activities. This indicates that the existing legal framework has not adequately considered the complexities of integrating information and communication technologies into judicial processes. Therefore, promoting AI technologies in judicial applications requires not only regulatory approval but also comprehensive reforms to existing norms and the creation of precise complementary regulations. These measures must align with the legal system and, especially, with the AI Regulation approved by the European Parliament and Council.
Suprema Lex Esto Principle and its Implementation
The Suprema Lex Esto principle is debated when applied as a rationale in the implementation of Government Regulation instead of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the COVID-19 Pandemic, the discretion of handling COVID-19 and its impact using the basis of this principle raises a prohibition to make cases or crimes if problems arise. All state expenditures in the field of handling Covid 19 which function to protect the public cannot be said to be state losses. From this background, the problem arises How is the Implementation of the Suprema Lex Esto Principle during the COVID-19 emergency in Indonesia? This research has an object of law research, so this research is juridical research. Because the focus of the study is on the Application of the Suprema Lex Esto Principle during the Covid 19 Emergency, this includes juridical methods in a broad sense, so the approach method used is the empirical method.
Algorithmic Decision Making: Can Artificial Intelligence and the Metaverse Provide Technological Solutions to Modernise the United Kingdom’s Legal Services and Criminal Justice?
Artificial intelligence (AI), machine learning (ML) and deep learning (DL) have had a profound impact on various sectors including Banking (Fin Tech), Health (HealthTech) and Charitable Fundraising (Charity Tech). The ‘natural’ ability of an AI system to independently perform and, often, outthink its human-counter parts by developing ‘intelligence’(simulating human intelligence) through its own experiences and processing deep layers of information i.e., complex representations of data, and learn has resulted in astounding improvements in the completion of tasks that are complex and technical, time-consuming.AI, with the ease of working with the most granular level of detail, can identify people and objects, recognise voices, uncover patterns and, in advance, screen for problems. Yet, RegTech (or LawTech/LegalTech) has not seen the same level of advancement. AI can provide solutions and enormous economic, political, and social benefits – in terms of public service administration. The purpose of this article is to explore advents in AI (ML and DL) and whether the criminal justice system, in the United Kingdom (UK), which is heavily overburdened, could benefit from some of the advances that have taken place in other sectors and jurisdictions, and whether automation and algorithmic decision making could be used to modernise it. This research draws on domestic and international published law, regulation, and literature, and isset out in six parts, the first partre views the position of the criminal justice system i.e., issues, part two then looks at relative technological advancements in AI, and the Metaverse. Part three explores current advents in AI relating to RegTech (LawTech/LegalTech) and how, if at all, the CJS can use this technology. Part four explores what aspects of the U.K.’s CJS would be fit for automation. Part five focuses on those matters pertaining to AI that pose problems in relation to matters in part 4 i.e., AI discrimination and bias, and explores safeguarding and mitigation including the requirement for explanation as set out in the GDPR. Part six concludes the discussion with some recommendations, as at, January 2024. It is suggested that AI and algorithmic decision making, with the correct legal framework and safeguards in place, could assist in modernising the CJS focussed legal functions, services in law firms, innovating for the next decade. This work is original and timely given the increased debate relating to how AI can assist in modernising the U.K.’s CJS, the global criminal justice challenges, solutions, and what, if any, role the Metaverse can play.
It is essential that the judicial function be public, discreet, and professional. Its legitimacy as a public authority is acquired through the recognition of judgments, in which there is an identification between decisions and society. But what type of communication must be made by the judiciary, and especially by judges, to provide information about their activities, and ensure that their interaction strengthens the republic, generating proximity between the sovereign and the public power.
Local Self-Governance and State Power in the Russian Federation: In the Search for a Way Out of the Institutional Trap
The subject of the study is the causes of the contradiction that have arisen in the legal and political field of modern Russia, related to the status of the institution of local self-government. On the one hand, local self-government, in fact, acts as a lower level of public administration, both in political practice and in mass consciousness. But legally, its bodies are not part of the system of state power. The author explains this situation by the institutional trap into which the state power has fallen. The author sees the reasons for the emergence of this collision between the needs of political practice and legislative requirements in the coincidence of circumstances caused by the struggle of actors during the political confrontation between the legislative and executive powers in October 1993. The lack of socio-economic support, necessary for the full functioning of the institution, made it inevi that in the future that institution would turn into a "lower floor" of the system of state administration, with the simultaneous camouflaging municipal bodies as a non-governmental organization. It is shown that throughout the entire subsequent history of local self-government existence attempts were made to resolve this contradiction. The latest attempt was made in the latest version of the Constitution of the Russian Federation by including state and local self-government bodies into the system of unified public power. It is noted that the functioning of nominally self-governing, but basically - state bodies at the local level has a number of negative consequences. Organizational and legal ways out of the "institutional trap" are suggested.
The Doctrine of Excessive Formalism in the Legal Theory and Practice of the European Court of Human Rights
As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history. The existence of formalities in a proceeding, whether judicial or extrajudicial, serves to limit certain situations in the course of the process. It is well known that there are several principles that regulate the formalities of procedure, mainly by establishing procedural limits. These reason values are thus aimed at achieving the principles of purpose. The methodological basis of the article is the dialectical method of cognition based on materialistic dialectic with the use of such general scientific methods as analysis, synthesis, induction, deduction, abstraction, specification, analogy, hypothesis building method, and the system-structural method. The study has resulted in the identification of cases of excessive formalism by courts when applying the rules of procedural law. The practical significance of the results obtained is to prevent such mistakes by law enforcement authorities in the future. As a result of writing this article, the author has established that the main manifestations of excessive formalism are the creation by the court of procedural obstacles to the implementation of procedural rules by the parties to the case, strict interpretation by national legislation of the procedural rules, and return of an administrative claim on formal grounds. It is proved that excessive formalism in resolving the issue of acceptance of a statement of claim leads to a violation of the right to fair judicial protection.
The Implementation of Sustainable Development to Achieve Climate Justice: Indonesian Perspective as an Archipelagic State
Climate change causes serious impacts to the environment and to human beings. The impacts of climate change cannot be overcome by a single state, but it needs international cooperation. Each state has to act locally to participate in combating climate change in order to achieve climate justice. The research aims to analyze comprehensively the implementation of sustainable development to achieve climate justice Indonesian Perspective as an Archipelagic State. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research found that the policies strategies and efforts of Indonesian government to participate in achieving climate justice in the global spere still needs to be improved. However, there are some opportunities and challenges that have to be addressed. Thus, it is necessary to educate and to improve the public awareness to participate in the efforts of implementing sustainable development principle to achieve climate justice.
Bridging Entrepreneurial Finance in the EU: The New Crowd Funding Regulation
Bridging finance to small and medium enterprises (SMEs) is a must in the sustainable economic development of any country. Access to finance is an essential determinant for business start-ups, development and growth for SMEs. In these years, crowd funding digital platforms have flourished fast as an innovative form of financing for SMEs. Their characteristics allow them to perform SME credit risk assessment better and quicker than traditional financial intermediaries. Compared to banks, for instance, crowd funding digital platforms benefit from minimal capital requirements and a flexible organizational structure that, thanks to the new digital technology, can collect and process information and big data much more quickly. To foster the growth of the crowd funding industry in the EU and ensure investor protection, the legislator introduced the European Crowd funding Service Provider Regulation (ECSPR). The new regulation aims to create a standardized regulatory framework by harmonizing the crowd funding services in the common market and facilitating cross-border operations, enhancing investor protection, promoting transparency and ensuring compliance with the regulatory requirements to increase investor confidence. This article discusses the ECSPR's objectives, requirements and critical provisions. Furthermore, it evaluates the ECSPR's results against the EU legislator's initial intents of fostering the growth of the crowd funding industry and enhancing investors' trust and confidence with protection measures. A balance between these two would be optimal.
Is it Still Too Early for Collective Redress in Arbitration? – The Boundaries and Opportunities in European Perspectives
As has been often stated in judicial practice, collective redress simply reflects the rise of mass production, the diversification of corporate ownership, the advent of the mega-corporation, and the recognition of environmental wrongs. Although the American opt-out class actions are the first thing that comes to mind when one thinks of collective redress, European legislators have been particularly wary regarding the possibility of the US “toxic cocktail" finding their way into European legislations. On the other hand, arbitration, in its basis, is a private way of resolving disputes which is a creation of the parties in the dispute. In its basis there must be consent of the parties to submit the particular dispute to be resolved in arbitration proceedings. Therefore, the possibility to incorporate collective redress mechanism in arbitration proceedings might raise many questions.
The Status of CIF Contracts between the Sale of Goods and the Sale of Documents
The intricate nature of international trade is encapsulated in the complexities of CIF (Cost, Insurance, and Freight) contracts, which stand at the intersection of the sale of goods and the sale of documents. This paper seeks to dissect the pivotal roles played by documents and goods within CIF contracts and to ascertain whether these contracts are more accurately defined as sales of documents rather than sales of goods. By examining legal cases and dissecting the contractual obligations of parties involved in CIF contracts, this study aims to shed light on the essence of these contracts in the context of international law and trade practices. The research is divided into four main parts. Initially, it analyzes the duties of parties and the role of CIF documents in the sale of goods. The second part delves into the implications of documents and goods concerning the transfer of risk and property, probing into the critical claim of documents. The third part scrutinizes the buyer's right to refuse the documents or the goods, and which aspect takes precedence. The fourth part evaluates the claim that CIF contracts made en route are essentially 'sales of documents'. This study culminates by presenting arguments on the nature of CIF contracts, weighing the significance of documents against the goods themselves. Despite the increasing tendency to use documents to represent physical goods in trade, this paper concludes that CIF contracts inherently constitute contracts for the sale of goods. It highlights the distinctive rights related to the rejection of either documents or goods, thereby reinforcing the primacy of the actual goods over their documentary representations in CIF contracts.
Review Article: Global Governance in a Complex World
This essay reviews the literature on international regime complexity and international institutional complexity published in three high impact journals between 2009 and 2022. The analysis identifies conceptual ambiguities as it discusses the definitions of complexity proposed by the scholarship. The goal is to highlight indicators of complexity in international politics, with a focus on global governance. These indicators are observable, subject to measurement and comparison. Based on some of these indicators, the essay explores the relationship between complexity and compliance -- or to what extent states implement the legal commitments that they adopted internationally, in light of the literature. The essay makes an original contribution when it chronicles and organizes the scholarship on complexity in terms of agency, scope, and effectiveness. It also analyses the presence and levels of a hierarchical relationship amongst the elements that make up a complex regime or institution. The Scholarship reviewed here constitutes essential reading for any researcher that is interested in global governance, international law, and compliance.