Landmark Decision Research Articles

Transgender Legal Recognition in North Africa: Between the Hammer of Sharia and the Anvil of the Judiciary

Abstract The right to legal gender recognition is integral to transgender rights and is the final step for many transgender people to realise their true gender identity. However, In North Africa, this right is primarily restricted due to the lack of a legislative framework that governs the issue. This legislative vacuum means two things: firstly, principles of Sharīʿah are the de-facto law regulating the matter, and secondly, Courts will have the jurisdiction over reviewing legal gender recognition applications. Sunni Islamic scholars did engage on transgender issues starting in the 1980s when Egypt’s Al-Azhar and Saudi Arabia’s Islamic Fiqh Council issued prominent fatwas, providing a very unfavourable interpretation of transgender people. The fatwas viewed transgender people as mentally ill who should not be allowed access to gender-affirming healthcare and should be provided with mental treatment to ‘return to their true sex’ and fit within the binary. While the fatwas only discussed banning access to gender-affirming healthcare, North African Courts adapted this ban to mean a ban on legal gender recognition for transgender people. Thus, judicial opinions in the region developed to deny legal gender recognition on the grounds of Sharīʿah. However, a 2018 Tunisian Court became an anomaly when it reinterpreted Sharīʿah to allow a transman legal gender recognition in a landmark decision. The impact of this judgment remains limited, as so far, Courts still maintain their ban on legal gender recognition. The paper is conducting the primary scholarly effort to establish a legal theory on legal gender recognition for transgender people in North Africa by investigating the issue by analysing case law from Egypt, Tunisia, Algeria, and Sunni Fatwas from Al-Azhar and Islāmic Fiqh Council to theorise the region’s legal and religious discourse on legal gender recognition for transgender people.

Tax Neutrality Treatment of Investment Funds in the European Union

This article examines the legal consequences and assesses the economic impact of the differing tax treatment of investment funds in Portugal, Germany and Luxembourg before and after the Allianzgi-Fonds landmark decision, by the CJEU. Before the Allianzgi-Fonds decision the Portuguese investment taxation discriminated against foreign investments by levying a withholding tax on foreign compared to domestic investments. The Allianzgi-Fonds decision prohibited this discriminatory treatment. Therefore, our article examines whether the Portuguese CIT exemption extended to non-resident UCITS will lead to tax neutrality treatment of investment funds in the EU. Overall, we confirm that the abolishment of the discriminatory withholding tax can considerably reduce the effective tax levels for cross-border investments. Moreover, the abolishment also diminishes the domestic investment bias. Nonetheless, the results do not confirm the achievement of neutrality.

Is it really all about the money? The future of European standardization after PublicResourceOrg

Abstract On 5 March 2024 the European Court of Justice (CJEU) issued a landmark decision on access to harmonised standards that grant presumption of conformity with legal requirements. The CJEU ruled that such standards should be made available free of charge because, once incorporated in EU legislation, they form part of EU law. While the decision was positively received in the scholarly community, it is expected to carry profound consequences for European standards organisations, who hold copyrights over harmonised standards and rely on their sales to finance their standardisation activities. The judgment may also affect the European Commission, whom the Advocate General and the CJEU placed at the centre of European standardisation due to its role in transforming harmonised standards into EU law. This case note engages with the ruling and aims to shed light onto its possible implications for the European standardisation system.

The Balance Between Gatekeeper Rules and Free Speech in the EU under the Digital Markets Act and Digital Services Act

Purpose: This article investigates the intricate balance between free speech and content restrictions within the frameworks of the EU Digital Services Act (DSA) and the Digital Markets Act (DMA). It delves into the duties of 'gatekeepers' under the DMA, the challenges of content moderation, and the delicate equilibrium between fostering open communication and curbing harmful material. The primary aim is to contribute to the ongoing debate on digital platform regulation, particularly focusing on the gatekeeper designation under the DMA and its potential to enhance freedom of speech while mitigating excessive compliance and censorship. Methodology: The study employs a mixed-methods approach to provide a comprehensive analysis of the regulatory landscape and its implications. It includes a literature review of academic journals, legal documents, and policy papers; in-depth document analysis of the DMA and DSA; case studies of landmark decisions such as GS Media and Delfi AS v. Estonia; interviews with key stakeholders; a survey of platform users; comparative analysis with other jurisdictions; policy impact assessment; and content analysis of platform policies. The research adheres to ethical guidelines, ensuring informed consent and data protection. Findings: The findings reveal that the DMA's gatekeeper rules have the potential to significantly enhance freedom of speech by curbing platform dominance, promoting content diversity, and encouraging transparent content moderation. However, the risk of over-compliance leading to the suppression of free speech is also identified. The study highlights the importance of independent oversight, clear platform guidelines, and continuous dialogue among stakeholders to maintain a balance between open markets and free speech. Unique Contribution to Theory, Policy and Practice: This article offers a novel perspective on how the DMA's gatekeeper designation improves freedom of speech while avoiding excessive censorship. It provides valuable insights for policymakers, digital platforms, and civil society organizations, emphasizing the need for a nuanced approach to content moderation that respects users' rights. The article also underscores the importance of ongoing review and adaptation of regulations to address the evolving digital landscape, thereby contributing to the development of a safer, more competitive, and fairer online environment.

The Fundamentality of The Right to Evidence in The Brazilian Legal System

Objective: The objective of this study is to investigate the fundamental nature of the right to evidence in the Brazilian legal system, aiming to analyze its importance for guaranteeing due process and the realization of justice. Theoretical Framework: This section presents the main concepts and theories that underpin the research. Key theories include the principle of adversarial proceedings, the principle of ample defense, and due process of law, providing a solid foundation for understanding the context of the investigation. Method: The methodology adopted for this research comprises a qualitative approach, with documentary analysis and case studies of landmark decisions in Brazilian law. Data collection was conducted through a literature review and jurisprudence analysis, focusing on higher court decisions addressing the right to evidence. Results and Discussion: The results revealed the crucial importance of the right to evidence for maintaining the balance between parties in judicial proceedings. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting implications for legal practice and the protection of fundamental rights. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of civil and criminal procedural law. These implications may include the reformulation of judicial procedures and the training of legal professionals. Originality/Value: This study contributes to the literature by exploring the fundamental nature of the right to evidence in Brazil in a thorough and systematic manner, highlighting new findings and offering a critical analysis of judicial practices. The relevance and value of this research are evidenced by its potential to influence procedural reforms and improve the effectiveness of the judicial system.

Advancements in genetically modified insect pest-resistant crops in India.

The review offers insights into the current state of research on insect pest-resistant GM crops and the regulations governing the cultivation of GM crops in India. India has a rich crop diversity of more than 160 major and minor crops through its diverse agroclimatic conditions. Insect pests alone cause around USD 36 billion in crop loss annually in India. The last two decades witnessed considerable progress in managing insect pests by adopting innovative techniques including transgenics. In research, significant advancement has been brought in insect pest-resistant transgenics in India since its inception in 2002. However, any events have not been endorsed owing to biosafety impediments, except Bt cotton reaching the commercial release stage. A landmark decision to exempt certain types of gene-edited plants from genetically modified organism (GMO) regulations offers great promise for developing novel insect-resistant crops in India. The article reviews the current research on insect pest-resistant transgenics and its regulations in India.

Self-induced extreme intoxication akin to automatism: A psycholegal tug of war.

Self-induced extreme intoxication akin to automatism (SIEA) is a complicated and controversial legal concept resistant to jurisdictional consensus. In the United States, SIEA has, at times, been considered under the concept of "settled insanity.". In the United Kingdom, the defense may be allowed for specific intent crimes, though the defendant's awareness of the foreseeability of risk is addressed at trial. In Canada, recent jurisprudence has led to legal and practice landscape changes related to self-induced extreme intoxication. Here, we provide an overview of automatism and an update on the Canadian perspective with a review of the facts and an analysis of the Supreme Court of Canada's landmark decision in R v. Brown, where the court permitted the SIEA defense to be utilized for general intent crimes and acquitted Matthew Winston Brown, a 26-year-old male with no history of mental illness, with respect to two counts of "break and enter" and one count of "aggravated assault." We review the social and legislative response to the changing case law as well as related implications for expert testimony, which may be provided by forensic mental health professionals. Given the judicial and legal implications of the recent changes for both perpetrators and victims of violent crime and given the dynamic international landscape on extreme intoxication in criminal law, the review is thought to be of interest to a broad category of stakeholders including policymakers and those working in forensic psychiatry and law.

Pretrial Determination of Suspects in Corruption Cases: A Critical Analysis of Judge Sarpin Rizaldi's Decision and Its Implications for Combating Corruption in Indonesia

The pretrial decision in the BG case (No. 04/Pid.Prap/2015/PN.Jkt.Sel) represents a pivotal moment in Indonesian legal history, significantly impacting the landscape of pretrial mechanisms and the balance of power in law enforcement. This research delves into the implications of this landmark decision, examining its role in expanding the scope of pretrial authority to include the review of suspect designations, a move that has since been codified through amendments to the Criminal Procedure Code. The study further explores the decision's emphasis on upholding the presumption of innocence, a fundamental human right often overlooked in the pursuit of justice. Additionally, the research scrutinizes the decision's impact on the authority of the Corruption Eradication Commission, highlighting the need for a delicate balance between robust law enforcement and the protection of individual rights. By analyzing legal documents, scholarly literature, and the socio-political context surrounding the case, this research provides a comprehensive understanding of the decision's transformative effect on Indonesia's legal system and its broader implications for the fight against corruption.

‘Most Favored Nation’ Clauses in the Online Food Delivery Platform Market: Beyond Booking.com Cases

The COVID-19 pandemic catalyzed a transformative shift in the European food service industry, with local restaurants increasingly turning to online food delivery platforms (OFDPs) to sustain their operations during lockdowns. However, this symbiotic relationship has raised concerns regarding the prevalence of Most Favoured Nation clauses (MFNs) within contractual agreements between local restaurants and OFDPs These clauses, designed to ensure price parity across different sales channels, have sparked debates over their impact on competition and consumer welfare. This is due to their potential effect of hindering local restaurants’ ability to compete effectively, thus, consumers may face reduced price options and higher food costs. The Bundeskartellamt’s landmark decisions regarding MFNs in the online accommodation sector concerning Booking.com have provided initial guidance, but the application of this approach to OFDP markets remains complex. Against this backdrop, and following the reasoning laid down in a more recent approach from the Bundeskartellamt, we propose a systematic methodology for evaluating the effects of MFNs, taking as a starting point of analysis OFDP market conditions and business models. Ultimately, we aim to address the balance between positive and negative effects of usingMFNs byOFDPs to incentivize platform investment and protect the efficiencies passed on to consumers and local restaurants.

Preface

1st Global Summit on Sustainable Science and Technology (GS3T) Duration: 15th – 16th September, 2022 Venue: Online Mode (Adamas University, Kolkata, India) About the Conference: In a landmark decision, the United Nations General Assembly has proclaimed the year 2022 as the International Year of Basic Sciences for Sustainable Development. This resolution underscores the vital role of basic sciences in advancing sustainability and addressing global challenges. In alignment with this global initiative, Adamas University was proud to host the inaugural Global Summit of Sustainable Science and Technology (GS3T 2022). This summit aims to foster international collaboration and drive sustainable research outcomes. With over 350 participants from around the world, GS3T 2022 has served as a pivotal platform for enhancing national and international research funding and producing impactful scholarly articles. A key focus of the summit was to establishment of long-term, multidisciplinary research networks, facilitating enduring partnerships that will contribute significantly to sustainable development goals. Join us at GS3T 2022 as we unite the global scientific community in a concerted effort to create a more sustainable future through the power of basic sciences. The Global Summit on Sustainable Technology 2022 (GS^3T 2022), held from 15th to 16th September 2022 at Adamas University, Kolkata, India, was a landmark event organized by the School of Basic and Applied Sciences (SOBAS). This summit, conducted in a hybrid mode due to Covid-19 restrictions, brought together a distinguished assembly of researchers, scientists, and scholars from around the globe to share their insights and advancements in the field of sustainable science and technology. List of Notable Speakers, Scientific and Organizing Committee, Conference Secretary, Editorial Board, Participation Details and Acknowledgement are available in this Pdf.

ECtHR: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20, 9 April 2024)

The present paper focuses on the analysis of the landmark decision of the European Court of Human Rights in which the Court has, for the first time, ruled on human rights violation due to climate change. It begins with the description of the convention as a so-called living instrument that aims at the interpretation of the European Convention on Human Rights taking into account the current social circumstances and challenges, such as the growing need for environmental protection and addressing climate change. In the judgment in question, the Court held that Switzerland had violated the applicant's rights due to insufficient legislative measures to protect individuals from the adverse effects of climate change. As a result of the long-awaited but unconventional conclusion, the judgment has become the target of much criticism. The paper thus concentrates on the main seemingly innovative or rather surprising pillars of the judgment, such as the court's determination of locus standi, the scope of a state's positive obligations in the context of climate change and its related margin of appreciation, as well as the unprecedented consideration of scientific evidence. The paper concludes by summarising the possible implications of the court's arguments for similar future cases, which will undoubtedly increase in number.

가습기살균제 피해사건의 국가배상책임 인정 판결에 대한 고찰

The “Humidifier Disinfectant Incident,” where numerous citizens suffered serious health damages from humidifier disinfectants sold in Korea from 1994 to 2011, can be attributed to the irresponsible actions of companies that failed to ensure product safety and the negligence of the government and related organizations in properly managing and supervising these products. Victims and their families claimed damages against manufacturers and the state, but only the manufacturers' liability for damages was primarily recognized, with state compensation liability not being acknowledged. Additionally, the court decided on the liability of manufacturers and sales companies based on whether the primary ingredient of the humidifier disinfectant was of the P series (PHMG/PGH) or C series (CMIT/MIT). Around January 2012, the Seoul Central District Court, through the 2012Gahab4515 damages case, dismissed the claims of the victims and their families on January 19, 2015, not recognizing the state's fault. However, recently, on February 6, 2024, the Seoul High Court issued a significant ruling through case 2015Na2014486, marking the first time state compensation liability was recognized in this matter. This judgment emphasizes the responsibility of the state and relevant agencies in the safety assessment and supervision process of chemicals, reaffirming the importance of state measures to protect the health and safety of its citizens. Notably, this ruling provides critical insights on how the state should respond to ensure citizens' rights to a healthy and comfortable environment against harmful chemicals. Therefore, this study examines the significant legal grounds and principles through this landmark decision, affirming the state's legal responsibilities and duties in public health management and crisis response through chemical management, thereby contributing to reestablishing the role of the state in protecting the lives and safety of its citizens.

DNA Retention, Human Rights, and the Landmark Decision That Underpinned the EU AI Act

DNA Retention, Human Rights, and the Landmark Decision That Underpinned the EU AI Act

Compensation for cultural loss in Indigenous Australia

The issue of compensation for harm to Indigenous culture is increasingly prominent in Australian society, given the High Court's landmark decision in Northern Territory v Griffiths (2019). The High Court sought to assess the meaning of cultural loss from Indigenous testimony and ‘translate the spiritual hurt from the compensable acts into compensation’. The destruction of Juukan Gorge in Western Australia's Pilbara region in 2020 also prompted efforts to assess, evaluate and remedy the harm Puutu Kunti Kurrama and Pinikura peoples suffered. Parallel debates about treaties have also raised the possibility of reparations for colonization. This article considers the challenges these legal and political developments pose for anthropology in Australia, where scholars have avoided discussing the concept of cultural loss for a generation.

Can a charitable trust be valid, notwithstanding the existence of non-charitable purposes? The landmark decision of the Royal Court of Jersey In the Matter of the Estate of the Late Constantin Mattas

Abstract In a recent judgment regarding the Jersey moveable estate of a Greek national (In the Matter of the Estate of the Late Constantin Mattas [2024]JRC068), the Royal Court decided several issues of trusts and probate law, some novel, and some which go to the very heart of the question of what constitutes a valid Jersey trust. Most notably, the Court held that, in the present case involving a trust for both charitable and non-charitable purposes, the failure of the non-charitable purpose resulted in the whole of the assets of the Trust being held for the benefit of the charitable purpose, rather than the failure of the trust as a whole.

Anonymous Gamete Donation: a Case for Balancing Under Article 8 ECHR.

Anonymous gamete donation creates a specific conflict between human rights and public interests under Article 8 of the ECHR. This was first assessed in the ECtHR's landmark decision in Gauvin-Fournis and Silliau v. France of 7 September 2023. This article critically analyses this judgment, taking into account the European legal framework for anonymous gamete donation, the recommendations of the competent authorities and the previous case law of the ECtHR on the right to know one's biological origin as an integral part of one's identity that is protected under the right to private and family life.

Putusan Mahkamah Konstitusi dalam Pengelolaan Energi dan Sumber Daya Mineral dalam Perspektif Teori Sistem Hukum

The Constitutional Court has decided the case filed by the Governor of East Java and the DPRD of East Java Province in case Number 11/PUU-XIV/2016. This decision became one of the landmark decisions of the Constitutional Court. The aim of this research is to find out and analyze the decisions of the Constitutional Court regarding the management of energy and mineral resources in Indonesia. This research method uses a normative juridical method with a statutory approach. The results of the research, Constitutional Court Decision Number 11/PUU-XIV/2016 have provided legal certainty regarding the regulation of the authority to administer geothermal energy for indirect use, including the authority to grant permits to the Central Government. In subsequent developments, geothermal regulation is regulated in the Job Creation Law which was declared formally conditionally unconstitutional based on Constitutional Court Decision Number 91/PUU-XVIII/2020. Legal system theory as an analytical tool functions to dissect factors relevant to the management of energy and mineral resources.

Clear as mud: Proprietary Estoppel after Guest v Guest

Abstract The dust should now have settled since the Supreme Court’s landmark decision in Guest v Guest (2022). However, in exploring recent case law, this article exposes that the rules applied to decide proprietary estoppel cases remain as uncertain as ever. Some commonality can be identified, but only in the persistent favouring of promisors over promisees. This article criticises the practical and theoretical underpinnings of proprietary estoppel and proposes further reform. In particular, the article draws new links from the doctrine of secret trusts to suggest a more just and certain basis for proprietary estoppel’s future application

Potential consequences of the Dobbs v. Jackson Women's Health Organization decision.

In June 2022, the U.S. Supreme Court released a landmark decision in which they held that the right to abortion is not protected by the U.S. Constitution, ending almost 50 years of federally legal abortion in the United States. Because prior research demonstrates linkages between reproductive health and substance use at multiple socioecological levels, in this special section, we present studies that take a broad scope to understanding how addictive behaviors and reproduction-related behaviors, options, and access to care interrelate across a variety of contexts. In this introduction, the guest editors detail the impetus for this special section, provide a brief overview of the present studies, discuss policy and intervention implications, and suggest future research directions. The five studies presented in this special section span a wide range of populations, methods, and substance use and reproduction-related issues, including reasons for past abortions among women with opioid use disorder, alcohol effects on men's condom use resistance, considerations regarding alcohol-involved rape on implementation of "rape exceptions" to abortion bans, the role of early exposure to substance use and sexual abuse on reproductive health outcomes, and the effects of exposure to abortion-related media coverage on alcohol use intentions following the Supreme Court decision. The studies in this special section highlight the ways in which substance use and reproductive health are inextricably intertwined. Recent and future changes in reproductive health legislation and policy underscore the critical need for continued empirical inquiry into these intersecting public health concerns. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Multi-task global optimization-based method for vascular landmark detection

Vascular landmark detection plays an important role in medical analysis and clinical treatment. However, due to the complex topology and similar local appearance around landmarks, the popular heatmap regression based methods always suffer from the landmark confusion problem. Vascular landmarks are connected by vascular segments and have special spatial correlations, which can be utilized for performance improvement. In this paper, we propose a multi-task global optimization-based framework for accurate and automatic vascular landmark detection. A multi-task deep learning network is exploited to accomplish landmark heatmap regression, vascular semantic segmentation, and orientation field regression simultaneously. The two auxiliary objectives are highly correlated with the heatmap regression task and help the network incorporate the structural prior knowledge. During inference, instead of performing a max-voting strategy, we propose a global optimization-based post-processing method for final landmark decision. The spatial relationships between neighboring landmarks are utilized explicitly to tackle the landmark confusion problem. We evaluated our method on a cerebral MRA dataset with 564 volumes, a cerebral CTA dataset with 510 volumes, and an aorta CTA dataset with 50 volumes. The experiments demonstrate that the proposed method is effective for vascular landmark localization and achieves state-of-the-art performance.