National Law Research Articles

Vliv případu Kardassopoulos proti Gruzii a případů investorů ropné společnosti Yukos proti Ruské federaci na prozatímní provádění Smlouvy o energetické chartě a na prozatímní provádění smluv z pohledu mezinárodního práva veřejného

The Energy Charter Treaty is a multilateral international treaty that contains regulations that, among other things, provide investors of other contracting parties with protection for their investments in the energy sector. Some States, including the Russian Federation, have provisionally applied the Energy Charter Treaty for several years in the wording of Article 45 of the Energy Charter Treaty. This provisional application under Article 45 of the Energy Charter Treaty raised issues that were considered in arbitrational and court proceedings. In this article, the author analyses several Awards on Jurisdiction and Admissibility of Tribunal, namely the Decision on Jurisdiction of Tribunal in the matter of Kardassopoulos v. Georgia and Interim Awards on Jurisdiction and Admissibility of Tribunal in the matter of investors of the former Russian Oil Company Yukos v. Russian Federation. The proceedings for annulment of Awards of the Tribunal in the matter of investors of former Russian Oil Company Yukos v. Russian Federation were brought before courts in the Netherlands, with the proceedings reaching the Supreme Court of the Netherlands, which decided the case on 5 November 2021. On the basis of the aforementioned decisions in the Kardassopoulos v. Georgia and Yukos oil company investors v. the Russian Federation cases, the author of the article focuses on the assessment of the effects of the provisional application of the Energy Charter Treaty, the interpretation of Article 45 of the Energy Charter Treaty, analysing the question of how the provisional application of the Energy Charter Treaty may be limited by the national law of the state that provisionally applies the Energy Charter Treaty.

APLICAÇÃO DA LEI MARIA DA PENHA ÀS MULHERES TRANSEXUAIS: APLICAÇÃO DA QUALIFICADORA

This study aims to analyze the application of the Maria da Penha Law in cases of violence against transgender women. The methodology used in this study involved bibliographic and documentary research, where the foundation for the work is based on legal doctrine, laws, and official publications. It is noteworthy that the nature of the research qualifies as qualitative, with the search for relevant information on the proposed theme being analyzed in a broad and comprehensive manner. Regarding the research within the scope of national law, the presence of the topic in laws, doctrines, and case law related to the theme was observed. Additionally, documentary research was conducted to expand the reach of the subject, aiming to optimize the achievement of the study’s objectives. At the conclusion of the study, it is possible to affirm the applicability of the Maria da Penha Law to cases of violence against transgender women, based on gender identity, with the identification as a woman being sufficient for the application of this legal provision. This understanding has already been established by the Superior Court of Justice (STJ), though the inclusion of this provision in the letter of the law is still necessary.

Taming the Faceless Beast: Legislating Deepfake Technology

Objective: To deal with the potential deepfake abilities demonstrated by its diverse applications, legal systems have the choice to block this technology completely, allow it and deal with its issues later, or legislate it. Chinese legal system, for example, chose to ban the technology and its applications. If the choice was legislating deepfake, then the question will be what is the most suitable legal ground to use? Methodology: To answer this question, legislators should consider the national laws and the culture of any given legal system by using analytic methodology to the current legislative. Results: Furthermore, it appears that one legal ground is not enough to legislate deepfake technology due to the vast applications of this technology. Also, the ideology of legal principles should be mature enough in order to be used as a legal ground when legislating deepfake. Conclusion: if the copyright law is not advanced in certain legal system, then that legal system cannot legislate deepfake based on copyright legal ground or the results will be insufficient. The deepfake legislating process should not imply prohibiting the technology; in fact, legislating deepfake can boost certain useful application. Keywords: legislation, deepfake(s), deep learning, artificial intelligence.

Urban agrarian reform: opportunities and challenges for land rights among low-income communities

Agrarian reform has typically focused on the redistribution of land in rural areas, specifically targeting farmers and agricultural tracts of land. This study explores the potential for agrarian reform in urban settings and the challenges facing low-income individuals in acquiring land rights essential to adequate housing. Using statutory and theoretical perspectives demonstrates that ample opportunities still exist for urban agrarian reform to take hold via the expropriation of state-owned land and land whose rights have lapsed. Public land that has not been dedicated as a waqf or even recognized as government property and historic land rights where the building rights expired and without any application to extend those rights present empirical reform opportunities. Despite these opportunities, urban land rights remain a contested space. Many poor people live on untitled land because such a thing is considered disputed by public authorities. Conflicts arise from the physical duration of inhabitants' occupation, which is in severe contrast to claims found with entities holding either outdated or inadequate property documentation. The official bodies, particularly the Land Office, are hesitant to issue land certificates due to these conflicts. The uniqueness of this research lies in its focus on urban land reform and its implications for the poor, thus highlighting a gap in existing literature that focuses largely on rural settings. This important research study depends on the emerging need for appropriate and certain housing options in cities. The importance of this study to the discipline is that it fosters the application of national land law principles, namely equity, legal certainty, and practicality, to disputes over urban land, providing a framework for a fairer distribution of land rights.

Illegal Logging Eradication in the Perspective of National Criminal Law and Local Wisdom of Manggarai Community

This study discusses illegal logging as an environmental problem, especially in forestry. Illegal logging is a criminal offence, especially in violation of Law Number 41 of 1999 on Forestry and Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction. Illegal logging is also prohibited based on the Manggarai community's local wisdom. The prohibition is motivated by the tradition of the Manggarai community, which utilizes the forest and recognizes the roko molas poco customary ritual. The ritual aims to inform the Manggarai people that anyone who wants to take a tree in the forest must bring a new tree seedling in exchange. This ritual also shows the responsibility to preserve the forest so it is not damaged. However, there are still people who commit illegal logging. This study aims to analyze and find regulations and concepts for eradicating illegal logging from the perspective of national criminal law and the local wisdom of the Manggarai community. The type of study used is empirical legal research. This study is a novelty because previous researchers should have specifically reviewed the role of local wisdom, especially the Manggarai community, in eradicating illegal logging. The results show that the role of criminal law and the local wisdom of the Manggarai community is significant in eradicating illegal logging crimes. Criminal law regulates the provision of criminal sanctions against individuals and groups who commit illegal logging. The same thing also applies to the local wisdom of the Manggarai community, namely the roko molas poco ritual that the taking or utilization of timber forest products must not conflict with the ritual; if it conflicts, then it will be subject to customary fines. Based on this explanation, not only national law has a role in combating illegal logging, but local wisdom law also has a role.

A Study the concept and legal principles of Water Management

Water management is a multifaceted concept that encompasses the planning, development, distribution, and optimal use of water resources. It is crucial for ensuring the sustainable supply of water for various human needs, including drinking, agriculture, industry, and recreation, while also maintaining the health of aquatic ecosystems. Effective water management involves the integration of scientific, technical, economic, and social considerations to balance competing demands and protect water quality. Legal principles play a pivotal role in guiding water management practices. These principles provide a framework for regulating water use, resolving conflicts, and promoting sustainable practices. Key legal principles in water management include the doctrine of equitable and reasonable use, which ensures fair allocation of water resources among users; the precautionary principle, which mandates proactive measures to prevent water pollution and degradation; and the principle of public participation, which emphasizes the importance of involving stakeholders in decision-making processes. International agreements and national laws often incorporate these principles to address transboundary water issues and domestic water governance. Effective implementation of these legal frameworks requires robust institutional arrangements, transparent governance, and enforcement mechanisms.

Is There a Need to Expand the Refugee Definition?

This article examines the urgency of protecting against displacement caused by climate change under international law and questions why Rohingya displacement has not been resolved even though it has been protected by international law, whether the harmonization of human rights approaches, national law, and international law towards refugees and climate refugees. This paper uses a literature review method and a normative legal approach by reviewing national and international human rights law. The findings of this paper suggest that many Rohingya continue to flee to safer countries, often taking enormous risks, including dangerous ocean crossings. The impacts of climate change can be categorized as persecution; the Refugee Convention requires that such persecution be due to race, religion, nationality, political opinion, or membership of a particular social group. Persecution alone is not enough. The difficulty is that the impacts of climate change are largely indiscriminate and not related to specific characteristics such as a person's background or beliefs. The Rohingya people have experienced violence, discrimination, and persecution for decades, and the international community has failed to protect them effectively. The international community has allowed Myanmar to carry out genocide against the Rohingya without taking any action, even though United Nations member states are obliged to protect their population from genocide, war crimes, ethnic cleansing, and crimes against humanity. National, international, and human rights laws play an important role in determining the legal status and rights of refugees in a country. All three must be embedded and integrated, starting from international law and its derivatives to national law, which contains humanitarian rights.

Labour, the Environment and International and European Law: One journey or worlds apart?

The transition to an environmentally sustainable economy raises Herculean challenges for labour law. From a labour law perspective, perhaps the biggest question is the extent to which the environment is an interest that is and should be recognised and protected by labour law. Although the answer to this question is different for each national legal system, the influence of international and European law cannot be ignored. Starting from this assumption, the author analyses to what extent international and European law may influence the recognition of the environment as an interest of national labour law. To this end, the author analyses the overarching principles that characterise the interrelation between labour and the environment in the hard and soft law of the UN, ILO and EU. Subsequently, three areas of national labour law which may be influenced by the supranational framework are identified and discussed: job transition, work-related mobility of employees and remuneration. The author finds that the supranational framework provides arguments to assert that the environment has a place in labour law and is a legitimate interest in the balancing exercise between employer and employee. Nevertheless, a substantive place for labour law in the supranational framework seems lacking. The supranational framework is primarily concerned with compensating employees for the negative effects of the green transition and offers limited support for a broader integration of the environment into the employment relationship. Consequently, it makes few connections with labour law and contains few (hard or soft) obligations for both employers and employees. In the view of the author, this is a missed opportunity.

Understanding the EU’s Competence to Harmonise Space Law Amid Publication Delays

In response to the European Commission’s unexpected decision on 9 April 2024 to indefinitely postpone the publication of the first draft of the European Union Space Law (EUSL), this article takes a critical look at the EU’s competence under the Treaty of the Functioning of the European Union (TFEU) and Treaty of the European Union (TEU) to establish an EUSL that seeks to harmonize the national space laws of the Member States in the space security, safety, and sustainability domains. This article specifically examines the complexities around the Union’s competence to adopt space legislation in Articles 4(3) and 189 TFEU as one of the possible factors explaining the delay. It does this by analysing the legal foundations on which the EU has historically relied to pass space legislation and harmonize national laws. The article aims to address the concerns Member States may have regarding whether the Union must depend on its ‘space competence’ in Article 189 TFEU to achieve its security, safety, and sustainability objectives or if there is legal precedent allowing it to use a mix-and-match approach of its various competencies under the TEU and TFEU. The article concludes that the Union is competent to adopt an EUSL and suggests that it could employ various binding and non-binding strategies by relying on its competencies in overlapping domains, including inter alia, Articles 11, 114, 115, 167, 170–173, and 191–193 TFEU.

POLITICAL-ECONOMIC PARADIGM OF EU ENLARGEMENT: THE CASE OF UKRAINE

The Copenhagen criteria define the requirements for Ukraine’s membership of the European Union: democracy guaranteed by stable institutions, a functioning market economy and the ability to implement the union’s economic, political and monetary objectives. Despite progress made in important areas, Ukraine must take further steps on reforms related to abuse of power, lack of transparency and labour migration. Joining the European Union will pose a challenge for Ukraine to reform bad practices and implement European legislation into national law. The Association Agreement and Deep and Comprehensive Free Trade, which contain economic, judicial and financial principles, should be used as a model for a gradual approach to EU policies and legislation. Ukraine’s future success depends on the reforms implemented, the ability to eradicate corruption, keep people in the country, attract foreign investment and rebuild the country, while maintaining ongoing military support to defend the integrity of Ukrainian territory.

The impact of minimum wage increases on unemployment in the V4 countries: Assessing the recommendations of the European Commission

The European Commission has recently implemented legislative measures to improve worker protection through an adequate minimum wage set by national laws or collective agreements. A recommended benchmark for minimum wage calculation is 60% of the gross median wage or 50% of the mean wage. However, the Kaitz index, a ratio indicator, shows lower values in most EU countries, raising concerns about potential negative impact on the labour market. This study aims to identify the impact of the Kaitz index and several other selected variables on unemployment in the V4 countries. Using multiple linear regression, we concluded that the Kaitz index’s growth does not uniformly impact unemployment in the V4 countries. Specifically, in Slovakia and the Czechia, the Kaitz index growth appeared to increase unemployment, in line with neoclassical economic theory. In contrast, Hungary and Poland did not register significant effects. Gender differences were also noted, with the Kaitz index affecting female unemployment in the Czechia and Hungary, and male unemployment in Slovakia. The research results suggest that increasing the minimum wage in the V4 countries is feasible if its growth rate is higher than that of unemployment benefits and the living minimum, but lower than the average wage growth, and if it is supported by economic growth.

The impact of EU law on national legal systems and the world order

The article analyzes the impact of EU law on national legal systems and the world order. With the collapse of the Soviet Union, the EU began active work on strengthening its authority and influence. In the 1990s, the EU (whose members also belonged to the Council of Europe) made the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights) a necessary condition for EU membership, which involved a lot of preparatory work in the field of human rights for candidate countries. The founding treaties of the EU, in contrast to ordinary international treaties, established a new legal order with its own institutions, in favor of which states limited their sovereign rights in increasingly wide areas, the subjects of which are not only member states, but also their citizens. The active development of integration processes taking place within the framework of the EU leads to further convergence and closer interaction of the national legal systems of the member states with the EU, as a result of which the circle of legal relations, which are legally regulated by the norms of EU law, is expanding. A key role in the proper functioning and implementation of these norms (EU law) is played by the specific procedure of their implementation into the national law of the member states, which is understood as the process of transposition of the norms of EU law, including the creation of the order and procedures for their introduction into the national legal systems of the member states. With the deepening of European integration, the constitutionalization of EU law began: the founding treaties evolved from a set of agreements binding only on member states to founding treaties that provide the basis of a single legal regime. This regime grants rights and imposes obligations on all public and natural persons on the territory of the EU, since the norms of the founding treaties have direct effect and absolute supremacy, forming a kind of integration legal system. Currently, there is a close connection between EU law and the national legislation of the EU member states. The impact of EU law on the national legal systems of candidate countries for EU membership is indisputable. These trends suggest that while the emergence of Community (now Union) law has given rise to a new legal order, distinct from national law, these historically distinct legal orders now form a common legal system.

Problematic issues of qualification of cases of destruction or damage to forests and other objects of flora committed by the russian military in Ukraine

The article examines the peculiarities of qualifying cases of destruction or damage to forests and other flora committed by the russian military in Ukraine as war crimes, taking into account the norms of national and international law. Based on the analysis of the provisions of the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, adopted by the UN General Assembly on 10 December 1976, and the Protocol Additional to the Geneva Conventions for the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, it was concluded that such facts are subject to qualification under Art. 438 of the Criminal Code of Ukraine (hereinafter – the CC) only if it is proved that they were committed in the context of and in connection with hostilities, and caused widespread, long-term and serious damage to the environment. It is stated that these features are evaluative, and therefore there is a need to initiate at the international level the development and regulatory consolidation of clear criteria for minimal damage to the environment, which will give grounds to qualify the infliction of such damage as a war crime under international humanitarian law. It is proved that if there is no connection with the conduct of hostilities, then mass destruction of flora is subject to qualification as ecocide under Article 441 of the Criminal Code, and if there is no mass destruction of such objects, then these acts may be qualified under Article 245 or Article 246 of the Criminal Code, but also only in cases where there is no connection with the conduct of hostilities. And if an individual or a group of russian military destroy or damage a plant life object, but this does not cause widespread, long-term and serious damage, but there is a contextual connection with the conduct of hostilities, such acts should also be qualified, depending on the subject and/or method of impact on plant life objects, under Article 245 of the CC or Article 246 of the CC.

Criminal law protection of private life in the context of negative and positive obligations of the state

The article examines the significance of the State of Ukraine’s fulfillment of the negative and positive obligation to ensure proper realization, non-interference and protection of the right to privacy for its criminal law protection. The author emphasizes the importance for each State which is a party to the European Convention on Human Rights to formulate a national criminal law policy around criminalization of socially dangerous encroachments on human privacy in the context of compliance with the provisions of Article 8 of the European Convention. The author reveals the concept and content of the negative and positive obligations of the State in this area. The author analyzes the doctrinal approaches to understanding the significance of the ECHR legal positions formed because of legal interpretation of the provisions of the European Convention as a source of criminal law and criminal law policy of Ukraine. The author develops the position that such legal positions are not a source of criminal law. The author concludes that the provisions of the Convention on ensuring respect for human privacy, as interpreted by the ECtHR in its judgments (whether in respect of Ukraine or any other State party to the Convention), may be recognized as grounds for criminalization in a narrow sense, which does not include penalization. Formation of two main approaches to understanding the “right to respect for private life” provided for in Art. 8, namely, as the state’s obligation not to interfere in the private sphere of a person (negative obligation) and as the state’s obligation to take active steps to protect this right (positive obligation), actually combines the right to non-interference by the state in the private life of a person and the right to respect, which is realized through the creation of effective mechanisms for the protection of the right to privacy by both state bodies and individuals. Thus, the need to fulfill the negative and positive obligations of the State to comply with Article 8 of the European Convention is a significant factor in the social conditionality of criminal law protection of respect for private and family life in the context.

The right to effective redress from the municipality for failure to provide social housing

Abstract Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms provides that every natural and legal person is entitled to the peaceful enjoyment of their possessions. No one shall be deprived of their possessions except in the public interest and subject to the conditions provided by law and the general principles of international law. The primary purpose of these provisions is to protect property. By recognising that everyone has the right to the peaceful enjoyment of their possessions, Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms effectively guarantees the right to property, with deprivation of property permissible only under certain conditions. These guarantees are not sufficiently implemented in national case law. Although municipalities are required to provide compensation (Article 18(3a) of the Act on the Protection of Tenants’ Rights, Housing Resources of Municipalities and on Amendments to the Civil Code), the courts are too stringent in assessing the evidentiary requirements imposed on applicants. In the case of Wyszyński v. Poland, where the applicant was not awarded damages from the municipality for failing to provide social housing, the Court rightly noted that the domestic courts assumed that the applicant had failed to prove that the damage sustained was a normal consequence of the municipality’s unlawful inactivity, even though two expert opinions were produced during the proceedings. In the case of Broniowski v. Poland, concerning property beyond the Bug River, it was clearly indicated that the taking of property without compensation in reasonable proportion to its value is generally considered disproportionate interference, and a total absence of compensation can only be justified in exceptional circumstances. It also appears essential, when assessing the existence of an adequate causal link, to rely on the knowledge and life experience of the adjudicating panel, applied appropriately to the circumstances of the case. The requirements as to the proof of damage should not be interpreted too strictly. There is a need to liberalise evidentiary proceedings and make broader use of factual presumptions (Article 231 of the Code of Civil Procedure), as well as to limit the evidence required for substantiation, to ensure that the owner can effectively seek compensation from the municipality for failure to provide social housing. Clear legislative intervention is necessary to address the defective court practices. It would be advisable to make an explicit procedural reference to the application of Article 322 of the Code of Civil Procedure in this category of cases, not only regarding the amount of damage but also concerning the fact that it occurred.

International experience in criminalizing interference with the judiciary

The study of international experience helps to unify approaches to criminalizing interference in judicial activities, which contributes to the harmonization of national legislation with international norms. Moreover, such an analysis of best practices from different countries allows us to identify effective practices for protecting courts from external pressure and interference, which is key to ensuring fair justice. The study of legislative initiatives and their consequences in different jurisdictions helps to identify the shortcomings and advantages of existing legal norms, which contributes to the improvement of national laws. The article analyzes the international experience of criminalizing interference with the judiciary. The study covers legal mechanisms and legislative initiatives aimed at protecting the independence of the judiciary in different countries of the world, namely: The United States of America, Slovakia, Lithuania, Latvia, Estonia, and Poland. It is established that liability for obstruction of justice and pre- trial investigation is criminalized in the following countries: Armenia, Azerbaijan, Georgia, Kazakhstan, Moldova, Tajikistan, Turkmenistan. The author examines different approaches to determining criminal liability for such actions and compares the effectiveness of the measures applied. The article emphasizes the need to adapt national legislation to international norms in order to ensure the effective functioning of the judicial system and protect it from external interference. It is concluded that national legislation on protection of the judiciary from interference is in line with the main trends in criminal legislation of European countries. However, having studied the international practice of criminalizing interference with the judiciary, it can be concluded that the US experience can be a useful example for national legislation, since the transparency and detail with which the US legislator approached the regulation of such a sensitive matter as interference with the judiciary require attention and are worthy of borrowing.

Juvenile Justice Act: A Critical Assessment of Its Role in Supporting Vulnerable Youth

Juvenile Justice Act: A Critical Assessment of Its Role in Supporting Vulnerable Youth Ms. Amruta Arjun Chavan B.SL, LL.B, LL.M, PGDHR, PGCADR, SET, (Ph.D. in Law) Teaching Associate of Law, Maharashtra National Law University, Aurangabad Abstract One important piece of legislation designed to address the interests and rights of young people who are at risk within the legal system is the Juvenile Justice Act. In this research paper the efficacy of the Act in protecting, rehabilitating, and reintegrating young offenders is critically examined. The research outlines important strengths and opportunities for development by analyzing the Act’s provisions, implementation techniques, and results. The study emphasizes the need of a comprehensive strategy that strikes a balance between responsibility and the necessity of compassionate intervention, stressing the contribution of psychological, social, and educational support to good development. This paper intends to add to the current conversation on juvenile justice reform and the development of a more equitable and encouraging system for young people in legal trouble by evaluating the Act’s effects on vulnerable adolescents. This paper critically examines the Juvenile Justice Act and its efficacy in addressing the needs of vulnerable youth within the Indian criminal justice system. With a focus on the socio-legal framework established by the Act, this study explores the challenges and shortcomings in its implementation, particularly concerning marginalized groups. Also, various provisions of the Act, including the rehabilitation measures for juvenile offenders and the legal protections afforded to children in conflict with the law. Keywords: Juvenile Justice Act, Vulnerable Youth, Criminal Justice System, Rehabilitation, Juvenile Delinquency, Child Rights, Legal Framework, Mental Health, Social Justice, Child Protection. etc.

The Legal Status of Marriage (Merariq) Implementation Within The Indigenous People of Sasak Lombok

This research examines the legal status of merariq marriages within the Sasak traditional community in Lombok. Merarik marriages, governed by customary practices and norms, often conflict with Indonesia's national positive law. This study explores the interaction between Sasak customary law and national law regarding merarik marriages. Using qualitative methods and a case study approach, the researcher conducted in-depth interviews with traditional leaders, legal practitioners, and community members to gain a comprehensive understanding of the issue. The findings reveal a discrepancy between national legal provisions and customary practices, creating challenges in legal recognition and enforcement. The study suggests that harmonization between customary and positive law is necessary to ensure fair recognition of customary practices and the protection of individual rights. This research aims to enhance understanding of the legal dynamics within Indigenous communities and support the development of policies that are inclusive and responsive to cultural diversity.

Prawne i praktyczne aspekty dotyczące przetwarzania danych osobowych w procesie rekrutacji

The subject of this article is to identify good practices, occurring risks and irregularities in the processing of personal data of job candidates as part of the employee recruitment process and to develop principles for verifying the correctness of the functioning of this process as a tool supporting the audit task. The recruitment process and the associated staff turnover is one of the key areas where the employer should ensure the organizational and legal security of the processed personal data, which undeniably affects its professionalism and the perception of external customers, such as job candidates. The uniformity of the legality of this process is influenced by both national labor laws and EU regulations. The key principles to ensure the compliance of processed data with the requirements of labor laws in the recruitment process are the principle of data minimization and storage limitation, as well as the processing of personal data of job candidates by persons only authorized by the employer, who have committed themselves to the principles of confidentiality and impartiality. The above is also related to the implementation of the controller’s information obligations to job candidates and their correlation with the actual processing of personal data by the controller and its authorized personnel.

Regulatory politics and hybrid governance: the case of Brazil’s Amazon Soy Moratorium

This paper analyses the unique hybrid governance of Brazil’s Amazon Soy Moratorium (ASM) in regulating soybean production in the Amazon, where private actors have created a state-like ban on commodity production to reduce deforestation that goes beyond national law. Despite existing research regarding impact assessment, the study aims to fill knowledge gaps in explaining the ASM’s alliance-building processes, its longstanding maintenance, and its potential for regulatory replicability. Informed by the application of the Baptist and Bootlegger political economic theory of regulation and empirical data from qualitative interviews and document analysis, we provide an actor-centered explanation of the design, adoption, and maintenance of the ASM over a 19-year timeframe. Our results show how NGOs and businesses had opposite motivations and negotiated their roles to form a successful strategic alliance, reinforced by the inclusion of third parties (e.g., technical and governmental actors) to assist in its monitoring and transparency. Developed as an exclusive private market regulation, the ASM agreement, however, relies on a policy mix: private and public actors play a role in implementation, which includes assisting and relying on existing public policies, instruments, and official data. This policy mix was necessary for the ASM’s noteworthy hybrid and long-term governance. Its successful formation in 2006 was enabled by factors including an economic crisis, foreign pressure linked with national enforcement failure, and, most importantly, the Amazon scope. Our analysis shows who gains or loses from the regulatory design. Furthermore, we shed light on the biggest regulatory spillover, to the Cerrado, where the failed attempt at replicability emphasizes the regulatory uniqueness of the ASM. The study concludes with a discussion of what will help or hinder the ASM’s longevity, providing lessons for similar regulatory mechanisms on forest-risk agricultural production, such as EU’s recent Regulation on Deforestation-free Products.