Traditional Law Research Articles

Rights of nature and non-use of nature for environmental protection in Antarctica

ABSTRACT This article examines whether and to what extent a traditional international law regime can step in for the rights of nature, which are not yet recognised at the international level. It proceeds by analysing whether non-use measures in the Antarctic Treaty System (ATS), such as the suspension of fishing within marine protected areas, the moratorium on mining, and the restrictions to entry into Antarctic Specially Protected Areas, reflect the aims and values of the rights of nature and contribute to achieving the content of the rights of nature’s substantive and procedural rights. The focus on non-use measures is important as this is the type of conservation and management measures that, at least on paper, provide the highest possible form of environmental protection; use is prohibited and nature is hence given priority. This article finds that the aims of the non-use measures examined are quite reflective of fundamental elements of the rights of nature, but that ecocentric values are often accompanied by anthropocentric ones, especially in the older instruments. When it comes to substantive rights, while non-use measures adopted under the ATS have the potential to protect elements of nature and ensure that they can continue to exist and fulfil ecological functions, important issues remain, in particular exceptions and the limited material scope of non-use measures. Most problematic are procedural rights. While some noteworthy procedures enable a variety of interests to be represented and some checks and balances exist to promote compliance with obligations, States closely control key decision-making stages. In particular, the adoption of new non-use measures through consensus places the bar very high for their potential expansion. While non-use measures cannot replace the rights of nature, some best practices reflective of more ecocentric values and rights are noted, which could be further developed within the ATS or used in other regimes’ modifications or development.

The European Commission’s Challenge to Consent or Pay: Demystifying the Digital Markets Act?

The European Union’s (EU’s) Digital Markets Act (DMA) was hailed as a new era of digital regulation following a decade of debates on the flexibility of traditional competition law. Article 5(2) DMA requires gatekeepers to offer users a choice to opt-out of the data exchanges across a gatekeeper’s services. Half a year after becoming applicable, its fitness for purpose and theoretical underpinnings are in the spotlight as the European Commission (EC) investigates Meta’s consent or pay solution on the assumption that such a model is not compliant. This paper considers whether this assumption is supported by an interpretation of Article 5(2) DMA and assesses the risks posed by the EC’s position to the integrity of the DMA and its aim to revolutionize competition law.

Understanding and addressing gender-based violence in Eswatini

The high prevalence of gender-based violence (GBV) in the kingdom of Eswatini is quiet saddening. Women and girl children become victims of GBV to the extent of losing their lives. Therefore, this article sought to find the causes of GBV, collaborative majors and guidelines to help reduce GBV. The paper employed a qualitative research design underpinned by a transformative paradigm as a framework for promoting preventive action toward social justice for marginalized populations. Participatory Action Learning Action Research (PALAR) was employed. A purposeful sample of traditional leaders, religious leaders, law enforcers, NGOs and public were selected. Data was obtained through individual interviews, focus group interviews and analyzed using the thematic analysis approach. Findings obtained revealed various causes of GBV: unequal power relations, socio-economic factors, weak legal and support systems. Study recommends that government in collaboration with stakeholders must establish educational programs and guidelines to fight GBV, improve psycho-social support, strengthen recreational systems, implement programs that focus on poverty alleviation and economic empowerment, decolonization of patriarchal cultural practices and develop awareness programs about issues faced by GBV survivors. Sexual offences domestic violence act (SODV) must be enforced by the law.

Maqashid Sharia as the Foundation of Religious Moderation and Resilience in Aceh's Border Communities

The implementation of Islamic law in Aceh over the past two decades has not only reflected the enforcement of Sharia but also illustrated the cultural and political dynamics of Acehnese society. As a region rich in customary law traditions and social pluralism, the response of Acehnese communities, particularly in multicultural border areas, to violations of Islamic law and its existence varies widely. Islamic law in Aceh is often interpreted through the lens of political identity and local culture, while the maqashid sharia values, such as the protection of life, property, and security have yet to be fully integrated into daily practices. This study employs an anthropological approach with qualitative methods. Data collection was conducted through participatory observation, in-depth interviews, and narrative analysis of the experiences and perspectives of local communities. The study focuses on how communities construct, understand, and respond to Sharia as part of their social lives. The findings reveal that border communities in Aceh perceive Islamic law not only as a religious rule but also as a political identity symbol to reinforce their social standing, including in rejecting the construction of non-Muslim places of worship. However, the study also highlights a gap in understanding and applying maqashid sharia, attributed to limited socialization and cross-cultural dialogue. Nevertheless, Islamic law remains respected as a crucial element of the social structure, although its interpretation is often situational and contextual.

Populism and the rule of law: The importance of institutional legacies

AbstractExisting work sees populist governments undermining the rule of law because they seek to dismantle institutional constraints on their personalistic plebiscitarian rule. We argue that populist rulers pose a greater threat to legal impartiality, equality, and compliance when they face a legacy of weak rule of law. We find empirical support for this assertion after applying synthetic control methods to a cross‐country sample that includes up to 51 populist events spanning the period from 1920 to 2019. Our results remain consistent across a range of robustness checks including, the consideration of a set of contextual variables that can potentially determine the capacity of populist governments to sweep away institutional constraints, different populist event classifications, and different ways of measuring the rule of law. In countries, like the United States, with a robust rule of law tradition, the deleterious impact of populists on institutions will be limited but not negligible.

Larvul Ngabal Law as A Regulation in Marine Resources Management In Kei Islands, Southeast Maluku Regency

Introduction: Hawear Customary Law has long been known in Southeast Maluku and has a rolewhich is important in organizing life, especially for traditional law communities. Hawear contains meaning prohibition to take natural resources on land or in the sea, which is based on several important and basic arguments. The principle that is the basis for the actual existence of Hawear's lais the principle of sustainablemanagement of natural resources. Wise thinking that develops wiselyThis local area is also based on the economic aspects of the country's community and the villages and villages located in the area small islands.Purposes of the Research: To find out and analyze Hawear's existence in protecting and preserving marine genetic resources in Southeast Maluku Regency.Methods of the Research: The approach method used in this research is sociological juridical which is a descriptive qualitative analysis study. This research seeks to describe what occurs in the Kei Indigenous Community in Southeast Maluku Regency, it is related to resource management coastal and marine power. The data collection techniques used in this research are: Interview, questionnaire and literature study.Results of the Research: The existence or existence of law Larvul Ngabal Currently, it is increasingly existing, this can be seen from the increasingly advanced society of Southeast Maluku and have the same feelings in a group, where they stay in one place because they come from from the same genealogy or descent. They have their own customary laws that regulate them regarding rights and obligations regarding material and immaterial goods. They also have social institutions, traditional leadership, and traditional justice recognized by the group. Larvul Nabalas a form of rule which the people of Southeast Maluku use in managing their marine resources is expected to remain the same obeyed so that it becomes a law in the management of resources both at sea and on land so that they are maintained natural sustainability. This is also in line with the protection of indigenous communities which has been recognized in Article 18B paragraph (2) and Article 28I paragraph (3) in the Indonesian Constitution The Constitution of the Republic Indonesia in 1945 (1945 Constitution of the Republic of Indonesia). This means that the state has recognized and respected rights indigenous communities, including the Law Society Larvul Ngabal.

Multifunctional acoustic and mechanical metamaterials prepared from continuous CFRP composites.

The imperative advance towards achieving "carbon neutrality" necessitates the development of porous structures possessing dual acoustic and mechanical properties in order to mitigate energy consumption. Nevertheless, enhancing various functionalities often leads to an increase in the structural weight, which limits the feasibility of using such structures in weight-sensitive applications. In accordance with the outlined specifications, a novel structural design incorporating carbon fiber reinforced polymer (CFRP) composites alongside mechanical and acoustic metamaterials has been introduced for the first time. This innovative construction exhibits a lightweight composition with excellent mechanical and acoustic characteristics. Experimental findings demonstrate that with meticulous planning and fabrication, CFRP composite structures can achieve a balance of lightweight construction, high strength, exceptional energy absorption, and remarkable resilience. By introducing membrane and reasonable cavity design, the structure can produce low broadband noise reduction performance by a local resonance effect and impedance matching mechanism of metamaterials. The structural sound insulation capability breaks traditional mass law, resulting in an exceptionally broadband sound insulation peak (bandwidth of nearly 1000 Hz). Furthermore, the sound absorption characteristic of the structure surpasses that of the melamine sponge at frequencies below 300 Hz, demonstrating superior low-frequency sound absorption properties. The proposed structure provides new approaches for the design of multifunctional lightweight superstructures.

Exploring the ethical decision-making experience of caregivers of end stage cancer patients in Iran: a phenomenological study

BackgroundEthical decision making is a complex issue because it strongly depends on the religion, beliefs, traditional laws and moral views of each society. The purpose of this study was to explore the experience of Iranian family caregivers of end stage cancer patients about ethical decision making.MethodsThis qualitative study is based on van Manen’s method of hermeneutic phenomenology. In-depth interviews were carried out to collect data. Participants were 12 caregiver. Audiotapes were transcribed and analyzed for common themes that represented the participants’ experiences. Trustworthiness of the findings was established using the Lincoln and Guba’s criteria.ResultsThree themes reflected the essence of caregivers’ lived experience including; fluctuating between hope and despair, wandering dilemma, and ethical decision making. Each of these themes consisted of several subthemes.ConclusionThe present study revealed that, the caregivers of terminally ill cancer patients need different information about prognosis and end of life decision making process. Our perception of how families negotiate ethical issues in their decision-making is still developing. Opportunities should be created to empowering caregivers to talk about their uncertainties and concerns.

Civil-Legal Peculiarities of Halal Finance Natural Person — Consumers (on the Example of the Republic of Tajikistan)

Halal financing is undergoing a process of globalization and is beginning to expand actively and steadily. Despite some advantages of this institution, there are a number of pressing problems that need scientific understanding. One of the main problems is the incompatibility of Sharia principles with traditional financial laws. Halal financing, based on the principles of Islamic theological doctrine, uses terminology and concepts that are not always equivalent to generally accepted traditional banking laws. Unlike traditional banks, halal banks cannot enter into certain transactions, such as a traditional consumer loan agreement. Nevertheless, the institution of an alternative to traditional consumer lending has not been sufficiently developed, especially in those countries where halal financing appeared not so long ago. The study of this issue in the post-Soviet space, where halal financing is beginning to develop, is still in its early stages, which necessitates its consideration. The article examines a halal alternative to traditional consumer lending through the murabaha agreement based on the civil legislation of Tajikistan.

The potency of the OHADA law in the African digital economy

Abstract There are various technological developments or innovations that have (or will in the future) radically transform business transactions and the way in which people work, enter into contracts, and fulfil their contractual obligations. The principal focus of this article is to analyse the shortfall of the Organisation for the Harmonisation of Business Laws in Africa’s (OHADA) law, through its Uniform Act on General Commercial Law, in failing to embrace new technologies in a trending digital era when applying traditional contract laws rules to the buying and selling of goods. This is significant because the Uniform Act, as a tool for the regulation of cross-border sale of goods contracts, has been put to the test. Although the scope of the OHADA Uniform Act on General Commercial Law is not extensive to new technologies, this article probes the question as to whether the pulse of technology poses a challenge for the traditional 20th-century rules under OHADA. In other words, is the statute robust enough to reflect the modern digital world, or will it become outdated if it is not revamped or supplemented by other conventions to accommodate new technologies and ways of conducting business? This study uses an in-depth critical analysis of the provisions of the Uniform Act in order to ascertain its potency as it concludes that it is imperative in this modern digital age for such a statute to embody technological innovations for the efficient conduct of transnational businesses.

EU digital law and the digital platform economy—an inquiry into the co-evolution of law and technology

AbstractEU digital policy is currently one of the most ambitious and far-reaching endeavors to regulate the digital economy. Online platforms in multisided markets with digital ecosystems lie at the heart of digital technologies and business models. Among others, they pose new challenges with regard to the abuse of a dominant market position, thus ultimately reducing competition and innovation. This paper outlines an evolutionary approach to the co-evolution of law and technology with collective cognitive constructs and wealth effects as essential drivers (Eckardt (2001, 2008). It is then applied to the evolution of EU law in this field. After an overview of the evolution from telecommunication monopolies to the current digital platform economy, a case study presents firstly the Google Search (Shopping) case (2010–2024). Based on traditional EU competition law, it resulted in gradual judge-made legal innovation. It also generated new knowledge about the shortcomings of the ex post approach of EU competition law when applying it to the digital platform economy. As a consequence, secondly, the introduction of the Digital Markets Act (DMA) (2020 onwards) as a radical statutory innovation is discussed. The DMA introduced a novel ex ante regulation for large online platforms to overcome the problems of traditional EU competition law. Finally, the paper reflects on the impact of wealth effects and the (co-evolving) cognitive constructs of the relevant players as drivers in this current example of the co-evolution of law and technology. The paper concludes with an outlook on further areas of empirical and conceptual research that can provide a better understanding of the co-evolution of law and technology and allow for better policies in regard to disruptive technological innovation.

Interreligious Ethics in the Chinese Context: A Comparative Study of the Ten Commandments and the Five Precepts

Religious laws are an important manifestation of religious ethics, maintaining and integrating the community of believers while providing behavioral guidelines for individual believers. This article explores the differences in laws between Judaism and Buddhism through textual analysis of the Ten Commandments in the Bible and the Five Precepts in Buddhism. The article argues that the overlapping content between the two represents the expression of a shared natural law tradition in different religious cultures. However, there are also significant differences. The Ten Commandments were issued for the entire Israelite community, emphasizing the sacred relationship between humans and God and reflecting the characteristics of the Israelite nation as a community of faith. The Five Precepts of Buddhism which originally served as behavioral guidelines for the monastic order later expanded to include all Buddhist followers, focusing on the intentions and thoughts behind speech and actions. Due to the diverse cultural contexts Buddhism encounters, violations of precepts do not entail judicial punishment but are emphasized for their obstructive role in spiritual practice.

Research on cyberbullying and suicide: a bibliometric analysis

AbstractSuicide is a global mental health problem. In recent years, suicidal ideation, suicide attempts and suicides have increased in children and adolescents. In this population, cyberbullying is a public health problem that has grown along the increase in use of devices with internet access. Cybervictimization is related to negative health effects, even including suicidal ideation or suicide in cyberbullied individuals. This study is the first bibliometric analysis on scientific literature related to cyberbullying and suicide based on the traditional laws of bibliometrics. The aim was to generate a global overview of the research related to this object of study. We analysed 242 documents published in journals indexed in the Web of Science, examining the trend followed by annual publications, identifying the prolific (most productive) and prominent (prolific co‐authors with one or more papers between most cited papers) co‐authors, leading countries and journals, the most cited documents and the most used author keywords. Annual publications followed an exponential growth trend (R2 = 89.2%), meaning that there is a great interest in the scientific community for this study object. International Journal of Environmental Research and Public Health and Psychiatry Research were the journals with most document published. Baiden, P. (prolific), Kowalski, R. (most cited), Hinjuja, S. and Patchin, J. (prominents) were the most highlighted co‐authors, reference authors on the subject. Most scientific output originated in the USA. Five thematic lines were identified among the author keywords. The results of this research show the growing interest of the scientific community in this topic, along with useful information for researchers and publishers, identifying relevant co‐authors, journals interested in the topic and emerging lines of research, highlighting self‐harm, cyber‐victimisation, suicide risks and suicidal behaviours as the most recent thematic lines.

Implementing community policing practices to manage conflict resolution in Galeshewe, South Africa

Community policing has emerged as a vital instrument for combatting crime and enhancing public safety in South Africa. As a result, it has the capacity to go beyond traditional law enforcement functions as a mediator in disputes, fostering improved relationships between the police and the communities where they work. This paper analyses the implementation of community policing strategies by the South African police with the purpose of resolving conflicts. This study aims to address social crime prevention-related concerns through community policing methods in the Galeshewe police area within the Francis Baard policing regions of the Sol Plaatje Municipality, South Africa. The paper examines the tactics that community police employ to enforce the law, avoid social issues, and manage conflict resolution in the communities. A qualitative method and descriptive design were employed. Comprehensive document analysis, semi-structured interviews, and observations were employed as data collection strategies. An inductive reasoning model was used to analysis data. The findings of the study demonstrated that community policing plays an important role in optimizing problem mapping and it increases public knowledge of the importance of upholding security and order in the different police operations that support the community policing program.

Under double shadows: how U.S.–China trade relations and path dependence shape China's IP preliminary injunction system

ABSTRACT The current IP preliminary injunction system in China is an awkward mixture that has developed under two shadows: U.S.–China trade relations, and path dependence. This article traces the historical moments when China amended its rules on IP preliminary injunctions. It finds that, while U.S.–China trade relations facilitated the transplantation of equitable standards into the regime, the basic procedural framework, rooted in the civil law tradition, remains largely intact. These double shadows have introduced pressing problems into the system. However, most of these issues can be attributed to China's retention of its basic procedural framework, which is shared with and originates from the property preservation system. Path dependence theory aptly explains this developmental trajectory and offers normative guidance for future reforms. It may not be feasible to conduct a full cost–benefit analysis on establishing a standalone framework for IP preliminary injunctions in China, which would represent a radical alteration of the system. However, the developmental-evolution model of path dependence theory can still provide valuable insights, even if the system currently exhibits a semi-strong form of path dependence. Chinese legislators could design future incremental reforms with path evolution in mind, aiming for a gradual recombination that ultimately pulls the IP preliminary injunction system out of its original procedural framework. Once sufficient incremental reforms have accumulated, decision-makers can seize critical junctures (such as future escalations in U.S.–China trade conflicts) as opportunities to establish a new, standalone framework for IP preliminary injunctions, thereby breaking the lock-in loop.

The Categories of Criminal Law: Cognitive Injustice and Non‐Sovereign Agency in the Civil Law Tradition

The Categories of Criminal Law: Cognitive Injustice and Non‐Sovereign Agency in the Civil Law Tradition

On Lubrication Regime Changes during Forward Extrusion, Forging, and Drawing

The tribological phenomena concerning the lubrication regime change (LRC) during bulk metal forming are comprehensively studied. A multi-step cold forward extrusion process shows the evolution of LRC and reveals the shortcomings of the traditional Coulomb friction law. The previous works of the specific author’s research group on friction are reviewed, focusing on the LRC during bulk metal forming. Various LRC phenomena from various examples are revealed. It has been found that the drawing and forward extrusion processes are vulnerable to LRC because of significant sliding motion at the material–die interface, and that when the strain hardening of the material is slight, the influence of friction increases, and as a result, the influence of LRC increases excessively. The new findings also include the impact of LRC on the macroscopic phenomena of the process and the reason for the sharp increase in friction coefficient via LRC, which is validated by the work of Wilson. This paper aims to make engineers and researchers think much of the tribology with lubricant in bulk metal forming with a focus on the dependence of tribological phenomena on the state of the lubricants and the irrationality of traditional friction law, especially in the forging of materials with a low strain hardening capability.

A Balanced Path-Following Approach to Course Change and Original Course Convergence for Autonomous Vessels

This paper proposes a novel path-following method for autonomous ships that optimizes overall performance by balancing course changes and convergence to the original route. The proposed method extends the line-of-sight (LOS) guidance law by dynamically adjusting key parameters based on the ship’s cross-track error (XTE) and the distance of new course considering maneuvering characteristics. By incorporating these maneuvering characteristics, the method enables more precise adjustments during course changes, improving overall path-following performance. Simulation results showed that the proposed method outperformed three existing methods, including the traditional LOS guidance law, by minimizing overshoot and maintaining reasonable XTE during larger course changes. It achieved the lowest mean absolute cross-track error (MAE) while also significantly reducing the total time required to follow the path, highlighting its superior accuracy and efficiency in path following. These outcomes highlight the method’s potential to enhance significantly the path-following capabilities of autonomous vessels, contributing to greater efficiency and accuracy in pre-determined route navigation.

Contractual Liability and Compensation for Moral Harm

In Greece, the breach of contractual obligation is in principle disapproved by law, it crea­tes, however, only an obligation for the payment of compensation and not an additional obligation for the restoration of moral harm, because the sole non-performance of the contractual obligations cannot cause moral harm. Consequently, according to the Greek legislator, a possibility for the existence of a relevant pecuniary compensation does not exist. Pecuniary compensation for non-pecuniary damage is exceptio­nally recognized and only in cases defined by law (Art. 299 GCC). For example, it is recognized in the cases of infringement of the personality (Arts. 57, 59 GCC) and of tort, especially for the person who suffered an attack upon his health, honour, or chastity or who was deprived of his liberty (Art. 932 GCC). In case, however, the violation of the contractual obligation constitutes at the same time - and in­dependently from the existence of the contract - a tort, then it is settled case law in Greece that there is concurrence of contractual and delictual obligation. In that case, the provisions of tort (art. 914 ff. GCC) may apply, in which case, provided that moral harm is sustained, compensation for such moral harm may be sought. Deciding, however, whether the violation of the contractual obligation constitutes at the same time - and independently from the existence of the contract - a tort is not always easy. The tendency noted in the international texts aiming at the unification of law in Europe is the res­toration of moral harm also in cases of breach of a contract. For example, art. 9:501 of the Principles of European Contract Law, PECL and art. 7.4.2 of the Unidroit Principles provide for the possibility of the contracting party to request the restoration of non-pecuniary damage in cases of unjustifiable breach of a contract. Thus, the override of the prohibition set in art. 299 GCC attempted by the Greek doctrine and jurisprudence through the provisions about personality protection and the application of art. 932 GCC, where there is concurrence of contractual and delictual liability, is justified and confirms that art. 299 GCC was rightly criticized almost unanimously by the Greek doctrine already since its introduction as against the tradition of Greek Law and due to the non-lenient situations it causes.

Analysis of Studies on Digital Strategy: Bibliometric Research of Three Decades

This article empirically examines the research on digital strategy, addressing its temporal evolution, sources of scientific production, countries and organizations generating knowledge, and the topics investigated. It highlights key authors and journals from 1991 to 2023, contributing to Sustainable Development Goal (SDG) 9. Methodologically, traditional bibliometric laws and computational tools (VOSviewer software version 1.6.18) were applied for data processing. The results show an exponential increase in publications from 2005 to 2022 with a critical mass in digital strategy studies, concentrated in 11 journals and 83 authors with two or more publications. The main organizations leading scientific production in this field are in the USA. Finally, the primary Web of Science categories for the leading journals are Business, Management, and Psychology. The research examines the use and adoption of digital strategies in marketing, the impact of digital transformation on business models, and the challenges it poses for human resources. In addition, the challenges arising from the impact of COVID-19, the rise of artificial intelligence, and the integration of digital strategies in public administration should continue to be addressed. Finally, digital transformation is a topic of increasing interest in digital strategy studies.