Law Reform Research Articles

Fighting for Justice for Women who Kill Abusive Partners

This article examines the collaborative process involved in campaigning for and representing women appealing murder convictions, highlighting the power of positive collaboration between lawyers, campaigners, frontline experts and the women themselves. Pragna Patel and Harriet Wistrich, who first met while protesting in the early 1990s outside the Royal Courts of Justice in London, have been pivotal figures in this movement. Patel has dedicated four decades to Southall Black Sisters, an organisation advocating for black and minority women. Wistrich co-founded Justice for Women and later specialised in representing women victim-survivors of male violence, challenging discrimination in the criminal justice system. Their collaboration has led to significant precedent-setting murder appeals and reforms in domestic homicide law. This article reflects on their enduring involvement spanning three decades, detailing their efforts in individual cases and legislative reforms. Their approach focuses on obtaining detailed personal accounts from women and building legal strategies around them, aiming to challenge convictions through a feminist lens. Recently, their collaborative efforts prompted the United Kingdom government to commission the Law Commission to review defences in cases of homicide. This underscores their enduring impact in fighting for justice for women who kill their abusive partners and effecting legal change.

The study of the condition of older people and their participation as a prerequisite for specific interventions for the third age

The administrative decentralisation and citizen participation called for by the Constitution of the Republic aim to eliminate obstacles that can limit freedom and equality. It is to achieve an autonomous, conscious, direct presence of the population alongside the elected delegates in the political arena. The various health reform laws could allow for a non-formal but real participation of the citizen in the planning, management and control phases.

Book Review: Feminism, Violence Against Women, and Law Reform: Decolonial Lessons From Ecuador by SILVANA TAPIA TAPIA

Book Review: <i>Feminism, Violence Against Women, and Law Reform: Decolonial Lessons From Ecuador</i> by SILVANA TAPIA TAPIA

Cross-Border Enforcement of Consumer Banking Law

This literature review examines the ongoing challenges and advancements in consumer protection within international finance and arbitration. It highlights regulatory failures, particularly in the context of high-profile financial scandals, underscoring the necessity for more robust financial regulations. The review discusses the issues of cross-jurisdictional consumer protection, focusing on the implications of regulatory arbitrage and its detrimental effects on consumer rights in global contexts. Additionally, it addresses the role of online dispute resolution as a means to reduce barriers to justice in cross-border financial transactions. The importance of fairness and efficiency in consumer arbitration processes is emphasized, particularly in relation to emerging digital finance models. The review also explores the critical issues of transparency and potential bias in international financial dispute resolution. Furthermore, it underscores the urgent need for reforms in international commercial law to effectively protect consumers amid the complexities of globalization and evolving financial landscapes. This compilation of insights presents a comprehensive understanding of consumer protection in cross-border financial environments, illustrating the necessity for improved regulatory frameworks and dispute resolution mechanisms to safeguard consumer rights effectively.

The efficient enforcement challenge of secured transactions law reforms in civil law systems—self-help repossession, strict foreclosure, and other methods for the acceleration of enforcement of security interests

Abstract Although the forging of an efficient system for enforcement of security interest is one of the central expectations of secured transaction law reforms in civil law systems, the results hardly give reason for satisfaction. As the reforms tend to be supported and influenced by various international organizations’ projects (especially the World Bank, the European Bank for Reconstruction and Development, the International Institute for the Unification of Private Law, and the United Nations Commission on International Trade Law), most out-of-court methods of enforcement of security interests have played a central role. Yet due to civil law’s general hostility towards self-help as such, either the introduction of the concept has been rejected or the local limited-reach kin have been merely ‘paper tigers’. Similarly, although security interests on several types of collateral (accounts, investment property) or on the workhorse of the English financial system—the floating charge—have also been enforced extrajudicially (save the exceptions), little attention has been attributed to these enforcement modalities. The same applies to strict foreclosure in civil law systems still being prohibited, or restricted, and thus rarely resorted to, due to the inherited hostility towards the doctrine of lex commissoria. Rethinking local laws on preliminary and temporary court orders to match them with such globally known ex parte preliminary measures as the English Mareva Injunction or the French Saisie Conservatoire, which allow creditors to swiftly freeze debtors’ assets and thus substitute self-help repossession, has also been given short shrift. The enforcement segment, consequently, remains the Achilles’ heel of secured transaction law reforms in civil law systems. This article desires to contribute to reform literature by addressing these deficiencies and by offering tested, fully or partially fitting, functional equivalents of self-help repossession.

“The Damage is Permanent”: Law, Women’s “Honor,” and the Psychiatrization of Sexual Violence in Post-reform Turkey

Abstract Existing literature is deeply divided on the effectiveness of rape law reforms. Intervening in this literature, this article examines the workings and consequences of ostensibly gender-neutral and victim-friendly reforms in Turkey. Through court observations, document analysis, and interviews with legal actors, I show how complex—and gendered—notions of victimization, harm, and trauma are embedded in sexual assault laws. I argue that the law defines sexual violence as inherently and invariably traumatizing, causing symptoms that can be identified and evidenced through the examination of the mental states of survivors, thus psychiatrizing it. This psychiatrization rests on the idea that rape primarily, and unequivocally, damages women’s “honor.” Consequently, the category of “legitimate victimhood” does not disappear; rather, it is reinvented by medico-legal logics that invoke gendered norms of honor and morality, which infuse and shape deliberations of justice in cases of sexual violence.

Dualistic View in the Formulation of Criminal Offenses in the National Criminal Code

This article discusses the shift in criminal law perspectives in Indonesia from monist to dualist within the National Criminal Code (Kitab Undang-Undang Hukum Pidana or KUHP). The term "pidana," originating from the Dutch word "straf," is defined as the punishment imposed by the state for criminal law violations. Since the colonial era, Indonesia inherited Dutch criminal law, which underwent reforms starting in 1958. These reforms were driven by the need for a better criminal legal framework in line with societal developments. The aim of criminal law reform is to achieve legal certainty, justice, and utility. The reasons for reform are influenced by political, sociological, psychological, and practical aspects. Reform efforts include legal discoveries through interpretation, analogy, and legal refinement, covering substantive, structural, and cultural aspects of the law. The National Criminal Code of Indonesia has shifted its perspective from monist to dualist. Monist theory unifies the wrongful nature and culpability as elements of a criminal act, while dualist theory separates them. The National Criminal Code affirms this separation but still formulates the subjective element of negligence in specific criminal acts. This shift in perspective has implications for law enforcement processes in courts. Prosecutors are not required to prove intent, and courts must balance criminal acts and criminal liability. However, there is a need for the development and understanding of these concepts by law enforcement, legal advisors, and judges to maintain a balance between legal certainty and justice. In conclusion, the National Criminal Code adopts a dualist perspective to strengthen the role of criminal law. The separation of criminal acts and criminal liability is expected to enhance the balance between legal certainty and justice in criminal court decisions in Indonesia.

Robots replacing human arbitrators: the legal dilemma

ABSTRACT Robots are slowly replacing humans in many areas of the economy. This paper compares the current-day arbitration laws of Australia, Cayman Islands, European Union, India, Indonesia, Japan, Singapore, Qatar, Philippines, the United Kingdom, and the United States, which are considered arbitration friendly. The paper confirms that the respective arbitration laws do not clearly and unequivocally provide for a robot to be used as an arbitrator. It is well understood that robots today do not have the emotional or social intelligence, such as bias, that a human naturally brings to the arbitration table. There are four streams of studies on this issue: AI-powered arbitrator, AI arbitration, AI-assisted arbitration, and a robot as arbitrator. However, none of these is clearly defined by arbitration law. This paper argues that the current day laws do not provide for robots to replace the human arbitrator, and must retain the status quo. Any law reform to allow a robot to replace the human arbitrator, would be a jump too far, and would significantly diminish the long-standing reputation that arbitration has as an effective legal mechanism for resolving international commercial and investor-state disputes.

Navigating the Evolving Landscape of Higher Education: A Critical Examination of Governance and Policy

The contemporary university has evolved into a multifaceted institution, serving not only as a hub for research, professional training, and knowledge dissemination, but also as a pivotal component of economic machinery and societal advancement, especially within the context of globalization and intense competition. These institutions are now expected to significantly contribute to the socio-economic development of their surroundings, striving for excellence and competing within an increasingly interconnected global framework. To meet these heightened expectations, universities have undergone profound transformations over recent decades. This period of change is particularly notable within the Spanish context, mirroring the broader societal shifts since the onset of the democratic transition in 1975 through to the present day in 2024. This era has necessitated substantial reforms in university governance, equipping these institutions with the requisite tools to navigate and address emerging challenges effectively. A pivotal moment in this transformative journey was the enactment of the University Reform Law of 1983. Grounded in constitutional principles, this law marked a significant milestone in updating and revitalizing university education in Spain. After this, the Organic Law on Universities of 2001 further aligned the Spanish university framework with the broader European educational landscape, reinforcing the integration and competitiveness of Spanish institutions on a continental scale. However, to comprehensively grasp the magnitude and implications of these changes, it is essential to extend our analysis beyond the immediate past and explore the historical trajectory of Spanish universities over previous centuries. By examining this extensive historical context, we can better understand the foundational elements that have shaped the current state of higher education. This article aims to meticulously analyze the evolution of the Spanish university system, delineating the chronological progress, identifying persistent challenges, and engaging in a critical discourse on potential solutions. Through this examination, the article seeks to provide a nuanced understanding of the interplay between historical legacies and contemporary reforms, offering insights that are essential for shaping the future trajectory of higher education in Spain.

Policies, Places and Practices: Why Environmental Law Scholars Should Care About the Levelling-Up and Regeneration Act 2023

Abstract The Levelling-Up and Regeneration Act 2023 has marked major reforms in how planning law legally conceptualises policies, places and practices. These reforms have an impact not only on the scope of planning law but also on the shape of environmental law in England and Wales. In particular, the Levelling-Up and Regeneration Act 2023 changes how different forms of national and local policy legally interact, creates new administrative regulation for protected landscapes and establishes a new framework for environmental impact assessment called the Environmental Outcome Reports. This introduction to the legislation illustrates the importance of understanding the planning law reform for environmental law scholarship more generally.

Product market bonding and cross-listings: evidence from global competition law reforms

Product market bonding and cross-listings: evidence from global competition law reforms

Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia

Marriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a legislative approach and case studies, primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties.

Rethinking the Scope of Sexual Violence for Criminal Law Reform

Rape survivors are mostly women, and the perpetrators are mostly men. So, it has a social and cultural dimension. In the article, the problems regarding rape law are shown from the angle of the female rape survivors. The paper discusses how rape is interpreted in Georgian criminal law practice and why one paradigm of rape prevails to this day - a male stranger and a fighting woman who physically resists the perpetrator. Criminal law sets the standard of the “ideal victim’’ for a woman, the “rational” rules of action during rape; in particular, it determines what the “typical behavior” is for a woman before, during, and after sexual violence. If the female rape survivor’s response does not fit into this standard, she remains outside the legal system; her voice is suppressed and disbelieved by the justice. The paper critically examines the Georgian legislative and judicial definition of rape; However, the research is not limited to this; it also includes an analysis of the approaches and scientific views of other jurisdictions. The paper supports a liberal understanding of sexual autonomy and consent. The goal of the paper is to show the essence of non-consensual sexual violence and its superiority compared to the old rape law.

Stepping forward with ease: Government debt governance as a catalyst for entrepreneurship

This study evaluates the causal effect of government debt on entrepreneurship. Exploiting New Budget Law reform in China that regulates the scale of local government debt, we find that government debt reduction bolsters entrepreneurial ventures by optimizing land utilization and enhancing access to start-up loans. Consistently, the entrepreneurial effect is more pronounced in unregulated industries and downstream sectors. Furthermore, we demonstrate that government debt reduction also contributes to entrepreneurship quality. It induces smaller entrants with higher survival rates post-reform, resulting in more incumbent enterprises exiting. Our results underscore the benefits of encouraging government debt governance experimentation in lowering entry barriers.

India's Journey towards Cross-Border Insolvency Law Reform

India's Journey towards Cross-Border Insolvency Law Reform

The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law

The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law

Application of International Standards in Drafting Environmental Legislation and Law Reform Projects: The African Experience

Application of International Standards in Drafting Environmental Legislation and Law Reform Projects: The African Experience

Bureaucratic Law Transformation and Trade Union Fragmentation in Thailand and Japan in the Context of Free Trade

To achieve economic development, a country must cooperate with other nations. This often involves a partnership where one country provides workers, while foreign investors contribute significant capital. To sustain such trade relationships, bureaucratic reform is sometimes necessary. These reforms aim to enhance administrative efficiency and economic competitiveness but can also lead to the fragmentation of trade unions, which impacts workers' protection and rights. This research explores the transformation of bureaucratic law and trade union fragmentation in Thailand and Japan within the context of free trade. A qualitative comparative study method was employed to analyze the effects of these reforms in both countries. In Thailand, reforms aimed at simplifying the licensing process and reducing regulations have been successful in attracting foreign investment and accelerating economic growth. However, they have also increased job uncertainty and weakened social protection. In Japan, while traditional labor unions persist, the increasing fragmentation has resulted in uneven worker protection. This analysis reveals that the social and economic effects of these changes are complex and require careful policy consideration to balance economic growth with worker protection. The study recommends comprehensive labor law reforms, increased social dialogue, and stronger support for new trade unions to ensure fair and sustainable worker protections in both countries.

Challenges and Solutions for Labor Law Reform that Strengthens Workers' Rights in Vietnam

This study provides a comprehensive analysis of the legal protections for bargaining rights in Vietnam, exploring the impacts of rapid economic development, globalization, and recent legislative reforms. The Đổi Mới reforms of the late 20th century marked a significant shift from a centrally planned economy to a socialist-oriented market economy, leading to substantial changes in Vietnam’s labor laws. These reforms aimed to align Vietnam’s labor regulations with international standards, particularly concerning workers' bargaining rights. Employing a qualitative research approach, this study analyzes the effectiveness of Vietnam’s Labour Code, the role of trade unions, and recent legislative updates through documentary research and expert interviews. Findings highlight both progress and challenges: while legal provisions for collective bargaining and the role of trade unions have seen improvements, significant weaknesses remain in enforcement mechanisms and coverage for informal workers. The research identifies practical issues, including the disparity between formal and informal sectors and the limited independence of trade unions. The study proposes recommendations to enhance bargaining rights protections, such as strengthening enforcement, expanding legal coverage to informal workers, increasing trade union autonomy, and improving legal aid services. These insights aim to inform policymakers, legal practitioners, and labor rights advocates on how to address existing gaps and improve the effectiveness of labor protections in Vietnam. Ultimately, this research contributes to the broader discourse on labor rights in transitioning economies, offering strategies for advancing legal protections in response to ongoing economic and social changes.

Listening to Survivors in Sexual Harassment Law Reform

In Australia, the #MeToo movement triggered a comprehensive inquiry into workplace sexual harassment lead by the Australian Human Rights Commission. This article explores the dynamic relationship between voice and listening in the Commission's National Inquiry into Sexual Harassment in Australian Workplaces and the resulting Respect@Work Report (2020). Drawing on a range of methodologies including thematic coding, citation analysis and discourse analysis, I explore what it means to victim-survivors to have a voice in the National Inquiry, narratives of law and justice that emerge in victim-survivor submissions and how the Commission responds in its role as institutional listener. These methodologies enable analysis of the politics and practices of listening within a law reform process, revealing hierarchies of attention that influence who is heard and how they are heard by the Commission. The Commission's listening practices, and its capacity to listen to victim-survivors with openness, attentiveness, receptivity and responsiveness, are shown to limit its engagement in transformative change to address workplace sexual harassment.