Legal Research Articles

Navigating the legal uncertainty around the governance of an integrated energy system using the values of the energy transition and energy justice

AbstractIn order to realise the European Union's (EU) transition to clean and carbon‐neutral energy systems, various individual infrastructure systems and energy networks will have to coordinate and operate as an integrated energy system. Traditionally, these different infrastructure systems operate within their own sectors and are governed by separate legal regimes. The intersection of these different legal rules and interests creates regulatory uncertainty and risk for infrastructure operators and can dissuade operators from participating in system integration. This paper explores how infrastructure operators can overcome the legal uncertainty and regulatory risks of operating as an integrated system, whilst also ensuring that the policy objectives of the energy transition are realised. This paper argues that, by pursuing public values and energy justice principles, infrastructure operators will overcome the legal uncertainty surrounding system integration. By doing so, infrastructure operators will facilitate the realisation of an energy transition that is just, inclusive and in the public interest.

The Use of Islamic Legal Discourse in Literature: How Did Premodern Arab Critics Classify and Analyze Legal Intertextuality?

Abstract This essay investigates the use of Islamic legal discourse in literary works and the characteristics that this type of intertextuality develops in premodern Arabic literature. Starting with the theoretical classification of legal intertextuality found in works of rhetoric and literary criticism, I analyze ten poetic examples in order to shed light on how legal intertextuality is used by poets to both develop the argumentation within a text and achieve aesthetic goals. Specifically, I analyze two figures of speech that are used to create this intertextuality: Iqtibās, the definition of which is extended to the quotation of or allusion to legal terms, ideas, concepts, and tenets in literature, and tawriya/tawǧīh 2 , which is used to explain how citing technical legal terms conveys twofold meanings. The result is an investigation that looks at both theory and practice and attempts to reclassify legal intertextuality based on the empirical data found in the sources.

Pendidikan Islam pada Zaman Klasik: Masa Rasulullah Saw dan Khulafaur Rasyidin

Islamic education was crucial in fostering a robust Islamic culture during the Khulafaur Rashidin era (11-40 AH/632-661 AD). The caliphs, including Abu Bakr Ash-Shiddiq, Umar bin Khattab, Uthman bin Affan, and Ali bin Abi Talib, continued the Prophet's purpose of spreading Islam, strengthening faith, and building a just and civilised society. The Hadith and the Quran are the main sources of knowledge, covering topics like as religion, ethics, legal concepts, and the Arabic language. Mosques often incorporate teaching methods like as examples, discussions, lectures, and question and answer sessions. This study employs a qualitative methodology that focuses on historical and descriptive analysis. The data were gathered by conducting a comprehensive review of primary and secondary sources pertaining to the Khulafaur Rashidin era. The historical documents underwent interpretation and critical evaluation, while the perspectives of historians were compared. The caliphs systematised the Quran, implemented a structured administrative framework, and facilitated the spread of education to additional regions such as Persia, Egypt, and Sham. The institutionalisation of education commenced with the advent of madrasas and kuttabs. Education not only emphasised religion but also incorporated diverse fields to cultivate an enlightened and virtuous society. The education system established during the period of the Khulafaur Rashidin played a crucial role in the future advancement of Islamic education. It produced a generation of Muslims who were well-equipped to confront the problems of their era and make valuable contributions to human civilization. The current state of Islamic education demonstrates that the integration of religious principles and scientific knowledge may cultivate persons with robust moral character and exceptional abilities.

Shifting perspectives: the potential of rich, ill-structured problems in legal education

ABSTRACT Messy, real-world problems that haven’t yet been framed into a single, neat narrative contain a richness that makes them a powerful tool in legal education. This paper explores the practices of three law teachers who use ill-structured problems to help law students develop the capacity for problem setting, enabling them to structure and restructure problems from different doctrinal, conceptual and theoretical perspectives. In each course, the confrontation of legal rules or reasoning with the concrete realities of a specific situation serves as a catalyst for insight, teaching students the value of seeing and staying with complexity to gain deep understanding and potentially generate new ideas.

Yurisdiksi Mahkamah Pidana Internasional Terhadap Penegakan Hukum Bagi Pelaku Kejahatan Perang Yang Bukan Negara Pihak Statuta Roma 1998

Introduction: The establishment of a permanent International Criminal Court (ICC) has opened a new history in law enforcement crimes of genocide, humanity, war, aggression. The Roma Statute of 1998 became the constitutional basis for International Criminal Court.Purposes of the Research: To find out the jurisdiction of the International Criminal Court to enforce the law for perpetrators of war crimes war that is not a state party to the Roma Statute of 1998.Methods of the Research: The method used in this study is normative juridical with an approach to international legal regulations and concepts. The sources of legal materials used in this study are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of the discussion are that in the ICC efforts to enforce the law based on the provisions of article 12 concerning the requirements for exercising jurisdiction related to the ICC issuing an arrest warrant for Vladimir Putin is contrary to the provisions of article 12 paragraph (1) which confirms that the country that is a party to this statute, thus accepting the jurisdiction of the court with regard to the crimes referred to in article 5. This is because both Rusia and Ukraina are countries that are not parties to the Roma Statute 1998, so that the arrest warrant against Vladimir Putin is null and void. However , there is an exception in article 13 paragraph (3) of the statute which state that if a state which is not a state party declares that it accepts this statute and ratifies this statute, then the ICC can exercise its jurisdiction over the state which has accepted the jurisdiction of the ICC. So that the attempt to arrest Vladimir Putin can be carried out constitutionally under the statute.

A literature review of "lawful" text and data mining.

Text and data mining (TDM) is a process, typically automated, that looks for patterns in data that may otherwise remain unnoticed. In a world where data driven solutions play a progressively more important role, TDM has become a vital tool in sectors ranging from medicine, to commerce, gaining widespread attraction. Nevertheless, a variety of regulatory frameworks not always specifically attuned towards regulating TDM continue to apply concurrently. The literature within the context of regulatory frameworks governing TDM is a fragmented piecemeal of valuable insights into what "lawful" TDM resembles. This literature review adopts a grounded theory approach analysing 88 pieces of literature, collating views regarding "lawful" TDM, ultimately providing a holistic assessment of academics' and practitioners' views and opinions regarding the regulatory framework which governs TDM. A total of 7 categories were identified and each of these are analysed. Tables are provided in the Appendix (accessible here: https://doi.org/10.5281/zenodo.12654691)highlighting which scholarly works were used for each section of the literature review, but also how those works were used. It is ultimately concluded that the regulatory frameworks that apply to users conducting TDM are multifaceted, and ever-changing on a case-by-case basis. There is an ever-growing need for a holistic interpretation of the regulatory frameworks which apply, creating a map which would allow for users conducting TDM to navigate this complex web of legal rules.

The Infringement of Deepfake Technology on Personal Privacy and Legal Protection: A Discussion Based on Article 1032 of the Civil Code

The rapid development of deepfake technology has infringed upon personal privacy in the form of the disclosure and misuse of personal information, infringement upon the peace of people's life, and damage to personal image and reputation. The disclosure and misuse of personal information should be analysed from the perspectives of personal use and commercial use of information data; infringement upon the peace of people's life should be examined from the perspectives of fraud and harassment, and malicious pursuit using deepfake technology; and damage to personal image and reputation should be discussed from the two levels of initial damage to personal image and reputation and aggravated damage to personal reputation after dissemination through the media. Article 1032 of the Civil Code clearly defines the scope of privacy protection as the peace of people's private life, private space, private activities and private information, as well as the infringement of privacy rights through means such as spying, intrusion, disclosure and publication, which reflects the legislative inertia to strengthen the protection of privacy and personal information. Article 1032 of the Civil Code, the Personal Information Protection Law, the Provisions on the Administration of Deep Synthesis of Internet-based Information Services, and other laws and regulations together form the current personal privacy protection system. However, existing laws do not provide specific explanations for key terms such as 'leakage', 'intrusion' and 'damage', which leads to uncertainty in the application of the law and makes it difficult to effectively protect personal privacy in actual operations. At the same time, there is a lack of clear definitions of the scenarios and specific standards of behaviour that the technology may involve, which has exacerbated public concerns about personal privacy security. Strengthening legal protection against deepfake technology requires refining legal concepts and drawing on knowledge from comparative law: 'leakage' can be considered the illegal acquisition and dissemination of unauthorised data and information, 'intrusion' can be defined as behaviour that disrupts the normal order of others and causes mental distress, and 'damage' can be understood as behaviour that causes negative evaluation or loss to the image, reputation or property of others. The legislative department should take the lead and cooperate with the Ministry of Industry and Information Technology in formulating specific standards for evaluating behaviour. The deterrent effect of the law should be strengthened by refining relevant legal provisions in the Civil Code and the Personal Information Protection Law and increasing the penalties for violations of the law. This will better balance technological development and personal privacy protection and improve China's personal privacy protection system.

Judicial control cause and causation in the United Arab Emirates

Judicial control in administrative law has become a necessity in administrations. Given the significant role it plays in confronting illegal activities and preserving property, money and the security of individuals in society. This research aims to introduce judicial in the United Arab Emirates and discuss the relationship between cause and causation.The descriptive analytical approach was used to study the research problem.the research conclude that cause and causation the most important element that enables the judiciary control the legality of the administration’s decisions. It is of great importance safeguards to protect individuals from abuse of administration by informing the person concerned of the reasons for making the decision, since the administration, in exercising its powers, must respect the set of legal rules established for it in the State.the research recommend that the competent authorities to make causation an essential part of the cause and a failure to render administrative decisions null and void in order to ensure transparency and to affirm the rule of law, with the exception of acts of supreme sovereignty, in order to preserve the supreme interest of the State.

Environmental legislation analysis improvement approach of global marine plastic pollution from the perspective of holistic system view

Marine plastic pollution (MPP) has posed an unavoidable challenge to the conservation of marine ecosystems, escalating at an unprecedented rate. It extends beyond visible pollution, infiltrating the food chain and microcirculation, ultimately affecting the life and health of marine organisms. Of even greater concern is the fact that MPP has been found to penetrate human bloodstreams. The international community increasingly focuses on MPP, and has formulated a series of laws and regulations. This article analyses marine pollution prevention legislation within the context of international environmental resolutions and conventions, including those established by the United Nations, the European Union law and the domestic legislation of sovereign states. It is evident that the current legislation has played a pivotal role in the preventing MPP. However, global legislation on preventing MPP remains fragmented. The problems existing in the current legislation should be reviewed from the holistic systems perspective, and the integrity and systematicness of new plastics convention should be demonstrated. The proposed Marine Plastics Convention should emphasize environmental justice, protect the rights of vulnerable populations, lower the threshold for risk prevention, and focus on addressing residual risks. It must include clear provisions for regulating hydrosphere plastic pollution (HPP) to mitigate land-based pollution and scientifically define fundamental legal concepts to foster coordinated action among States. Moreover, the convention should establish standardized monitoring methodologies and assessment criteria to ensure accurate evaluation of the pollution status.

11.O. Scientific session: Mental Health Among Sexual and Gender Minority Populations in Diverse Structural Stigma Environments

Abstract Research conducted across numerous countries finds that sexual minority (e.g., lesbian, gay, and bisexual [LGB]) and gender minority (e.g., transgender [T]) individuals represent high-risk populations for poor mental health and suicidality. These disparities are believed to be a consequence of a stigmatizing environment and sexual and gender minority individuals’ disproportionate exposure to stigma-based stress compared to cisgender (i.e., non-transgender) heterosexuals. Stigma occurs at multiple levels to compromise LGBT individuals’ health. At the structural level, stigma manifests as unjust laws, policies, and cultural norms that deny, or fail to protect, the equal rights of LGBT individuals. At the interpersonal level, stigma manifests as discrimination in social interactions, social exclusion, and outright victimization. At the individual level, stigma can tax LGBT individuals’ coping resources by requiring costly behavioral strategies such as concealment of one’s LGBT identity. In this workshop, four studies from different regional environment with varying degree of structural stigma will be presented, i.e., the USA, Switzerland, Rwanda, and Kenya. They resent novel findings on the processes and mechanism underlying LGBT populations increased risk of mental health and links between stigma experiences at different levels. Dr. Clark will present a study of how negative news media coverage influence suicidality among LGBT young adults in the USA using intensive longitudinal assessments. Dr. Pfister will present findings from in-depth interviews concerning suicidality with individuals representing a wide variety of sexual and gender minority identities in Switzerland. Dr. van der Star will present a study exploring how structural stigma environments are linked to interpersonal and individuals level stigma experiences in sexual minorities representing different generations of LGBT populations. Dr. Stojanovski will present data from surveys and interviews of LGBT populations in Kenya and Rwanda focusing on experiences of discrimination and mental health. Key messages • Negative media reporting, discrimination, and barriers to health care can influence mental health and suicidality among LGBT individuals. • Identity concealment may represent a mechanism through which sexual minorities navigate structurally stigmatizing climates.

Medico-legal considerations in immediate loading implantology: risks, responsibilities, and best practices.

The field of immediate loading implantology has grown rapidly, offering quicker solutions for prosthetic rehabilitation. However, the complexity of this technique raises significant medico-legal concerns regarding patient safety, treatment planning, and professional liability. These issues are particularly relevant in elective procedures where failure could lead to litigation. A comprehensive review of current literature, including clinical studies, legal rulings, and malpractice claims, was conducted to assess the legal implications of immediate loading implantology. The analysis focused on professional liability, patient consent, and complications during treatment. The evidence indicates that a high standard of care, including detailed preoperative planning, risk assessment, and clear patient communication, is essential in minimizing legal risks. Malpractice claims often arise from inadequate patient information or failure to follow established protocols. Proper documentation of informed consent and adherence to evidence-based dentistry (EBD) guidelines are crucial to protect both patients and practitioners. Immediate loading implantology offers numerous benefits, but it requires meticulous planning and patient management to avoid medico-legal issues. Ensuring comprehensive patient consent and following evidence-based practices are key to reducing professional liability and improving outcomes. Further studies should explore standardized protocols for reducing complications and legal disputes in implantology.

Joint and several liability at the interface of national and international law and the FIDIC conditions of contract

Abstract The international terms of the 2017 FIDIC Red Book (reprinted and amended in 2022) state that, when the contractor is a joint venture (JV), all members are jointly and severally liable to the employer. These terms also establish certain procedural rules—the most important ones being the submission to the employer of the JV undertaking and the appointment of a leader. However, these international terms do not provide for substantive rules pertaining to the plurality of the JV members. These require reference to the applicable law that governs the construction contract. The applicable law can be domestic law, such as Qatari law, or an international soft law, such as the Unidroit Principles. Comparing these two possibly applicable laws, it becomes evident that there are no significant differences between the two regarding the substantive rules concerning a plurality of obligors. Furthermore, it is argued that the majority of these substantive legal rules, whether national or international, are inoperative in a construction contract incorporating the international terms of the FIDIC Red Book.

The legal politics of Islamic bioethics: drunk driving and the reconfiguration of privacy in the modern Gulf

ABSTRACT Science and technology have been long-standing dimensions of the political legitimation of monarchic, shaikhly and imperial rule in the modern Gulf. Scientific development has been supported by attendant sociotechnical imaginaries, but these imaginaries have not been without fissures or contradictions. In the modern Gulf sheikhdoms, sociotechnical imaginaries were fashioned at the intersection of local, regional, and imperial processes. A range of actors participated in these contestations, drawing on shifting cultural ideas about human frailty and progress, continuing social and economic exchanges across the Arabian Peninsula and the Indian Ocean, and varying experiences of imperial constraint and possibility. This article examines how Islamic legal actors in Qatar shaped sociotechnical contestations in the course of the twentieth century. Focusing on medical technology and the problem of drunk driving in the 1960s, I show how Islamic procedural law became connected to new regimes of expertise and modern forms of power inextricably tied to the Qatari nation-state. I suggest that the Islamic legal concepts mobilized by the ulama, which initially served to protect a space of Muslim privacy against technological anonymity and the regulatory ambitions of the modern state, became increasingly unintelligible as the expansive logics of state bureaucracy were adopted and naturalized.

Energy-Efficient and Smart Bicycle Lamps: A Comprehensive Review

In this review paper, information about bicycle lamp technical parameters is provided. The review is based on the searched Web of Science (WoS) and Scopus bibliographic databases and Transportation Research Information Services, which include references to books, technical reports, conference proceedings, and journal articles. This review showed that these papers about bicycle lighting legal rules in given countries are very easy to reach, but deep searching must be performed to find this research paper having the information about types of optical systems and light sources used in bicycle lamps. This research was conducted using PRISMA 2020 assumptions in the area of bicycle lighting technologies and innovations. The information about bicycle lamp technical parameters was obtained on the basis of the examination of technical documents and papers from high-impact journals. The author’s review shows that contemporary bicycle lamps are becoming increasingly smarter and more energy efficient, while also enhancing safety and comfort for cyclists on their routes in and beyond urban environments.

İnternet provayderlərin məsuliyyətinə dair təcrübənin Azərbaycan, Türkiyə və Avropa hüquqi tənzimlənməsi əsasında müqayisəli təhlili

In the article, a comparative analysis of the practice of the liability of Internet providers is carried out based on the legal regulation of Azerbaijan, Turkey and Europe. It is noted that the issue of responsibility of providers for the content shared in the virtual space is based on the regulation of the Internet and information legal responsibility as a unity of two main information legal research topics. In the end, it is concluded that Internet providers are not classified in the legislation of the Republic of Azerbaijan. Thus, the terms host provider, Internet information resource owner, and telecommunications operator and provider are used. Only the legal understanding given to the host provider complies with international norms and best foreign practices. The lack of basic legal concepts also makes it difficult to solve the issues of responsibility in case of violation of rights and freedoms. Keywords: Internet provider, virtual space, Internet regulation, information-legal responsibility, Internet information resource, rights and freedoms, legal regulation.

The Export Dilemma of China under the WTO Framework: An Anti-Dumping Study on the Determination of Market Economy Status

As China emerges as a dominant force in the global economy, the issue of non-market economy status has become a key issue, particularly in the face of biased anti-dumping measures enforced by other nations. These measures have seriously affected China's export-oriented economy by creating substantial trade barriers. The essay utilizes a blend of literature review, comparative analysis, and data examination, drawing on historical experience and the legal principles and rules as outlined in the WTO agreements. The results show that although China has achieved certain advancements in pursuing acknowledgment of its market economy status, it still faces significant challenges due to political and economic factors.This essay will discuss anti-dumping measures exert considerable pressure on businesses operating within developing economies, and on this basis, it will provide corresponding thoughts and suggestions for China to secure the market economy status, and for Chinese enterprises not to be hit by it as far as possible.

Labor-inclusive corporatism after democratic transitions: Institutionalization in South Africa and Brazil

Abstract Under what conditions has corporatist policymaking become institutionalized in newly transitioned democracies? I argue that transitions have provided temporary opportunities for unions to push for laws they can later use to protect their place in economic councils. The relevant sets of legal rules, which I call compulsory deliberation, enable non-‘State official’ members to resist governmental disruption of such councils despite them composing the Executive’s structure. I compare South Africa and Brazil, two ‘most similar’ cases that featured sequences of chronically unstable labor-excluding councils under authoritarian regimes. I argue that the former broke out of this trajectory while the latter did not because South African unions developed aspirations for durable policy influence before the transition, whereas Brazilian ones only did so afterward and thus mobilized too late. Although Brazilian governments have enacted dozens of regulations covering as many councils, these have only served as short-term instruments for marketing policies.

Seeds and farmers' rights as drivers of change on food systems

In the heart of Kenya's vibrant agricultural landscape lies a fundamental aspect crucial for food security, cultural heritage, and economic resilience: the right to seed. Embedded within the fabric of traditional farming practices, the right to seed encompasses the freedom of farmers to save, exchange, and utilize traditional and farmer-bred seeds. In Kenya, as in many other countries, this right is not only a legal concept but a cornerstone of agricultural sovereignty. However, its preservation faces challenges in the face of globalization, corporate interests, and evolving intellectual property regimes. Yet, amidst these challenges, significant strides are being made, with collaborative efforts at the global level, particularly through initiatives led by the Convention on Biological Diversity (CBD) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), aimed at promoting and protecting farmers' rights. Every smallholder farmer has the right to safe, nutritious and healthy food and the ability to sustain themselves and their societies with the existing endorsed resources. The concept of farmers’ rights came out as a subject of debate in international agricultural circles, spearheaded by the Food and Agriculture Organisation of the United Nations (FAO). This includes the right to save, use, exchange and sell farm-saved seed and propagating materials, the right to protect traditional knowledge among others. In developing countries, the right to seed is a fundamental aspect of agricultural sovereignty and food security. This still emulates the subject debate from FAO. However, attention in scientific literature and policy circles for both seeds and farmers’ rights are compromised. This paper employs mediation analysis to explore the causal relationship between seed rights, farmers' rights, and food sovereignty, highlighting the pivotal role of smallholder farmers in shaping sustainable food systems. The findings underscore the importance of inclusive policies that prioritize farmers' rights and empower local communities to sustainably manage their seed resources. Key words: Farmer-managed seeds, seed banks, Access, smallholder farmers and benefit-sharing

Illegal Wildlife Trade in Bangladesh and India: A Study of Comparative Laws

Poaching of wildlife and misuse of plant habitats were considered one of the local, small-scale activities carried out by opportunists or miscreants for the purpose of illegal trade or smuggling of certain species. However, the irony is that over the past few decades. It has progressively become a major contributor to illegal trade with a hotspot for serious crimes" including those involving wild animals. Wildlife trafficking has become a serious threat to ecosystem conservation, putting species at risk of extinction and causing loss of biodiversity. The main objective of this work is to ensure that Bangladesh's legal framework is compatible with international regimes, particularly in preventing wildlife trafficking. Additionally, the study undertook systematic research to assess Bangladesh's commitments, performance, and limitations and compare them with the situation in India. Bangladesh is classified as a riparian country under IUCN Red List criteria IV and V. The study reviewed books, journals, research articles, supplements, news, and analysis on both substantive and ancillary national laws, beyond the Wildlife Crime Convention, providing a comprehensive set of legal rules and principles governing interactions between traffickers and species.

Advanced neural network-based model for predicting court decisions on child custody

Predicting court rulings has gained attention over the past years. The court rulings are among the most important documents in all legal systems, profoundly impacting the lives of the children in case of divorce or separation. It is evident from literature that Natural language processing (NLP) and machine learning (ML) are widely used in the prediction of court rulings. In general, the court decisions comprise several pages and require a lot of space. In addition, extracting valuable information and predicting legal decisions task is difficult. Moreover, the legal system’s complexity and massive litigation make this problem more serious. Thus to solve this issue, we propose a new neural network-based model for predicting court decisions on child custody. Our proposed model efficiently performs an efficient search from a massive court decisions database and accurately identifies specific ones that especially deal with copyright claims. More specially, our proposed model performs a careful analysis of court decisions, especially on child custody, and pinpoints the plaintiff’s custody request, the court’s ruling, and the pivotal arguments. The working mechanism of our proposed model is performed in two phases. In the first phase, the isolation of pertinent sentences within the court ruling encapsulates the essence of the proceedings performed. In the second phase, these documents were annotated independently by using two legal professionals. In this phase, NLP and transformer-based models were employed and thus processed 3,000 annotated court rulings. We have used a massive dataset for the training and refining of our proposed model. The novelty of the proposed model is the integration of bidirectional encoder representations from transformers (BERT) and bidirectional long short-term memory (Bi_LSTM). The traditional methods are primarily based on support vector machines (SVM), and logistic regression. We have performed a comparison with the state-of-the-art model. The efficient results indicate that our proposed model efficiently navigates the complex terrain of legal language and court decision structures. The efficiency of the proposed model is measured in terms of the F1 score. The achieved results show that scores range from 0.66 to 0.93 and Kappa indices from 0.57 to 0.80 across the board. The performance is achieved at times surpassing the inter-annotator agreement, underscoring the model’s adeptness at extracting and understanding nuanced legal concepts. The efficient results proved the potential of the proposed neural network model, particularly those based on transformers, to effectively discern and categorize key elements within legal texts, even amidst the intricacies of judicial language and the layered complexity of appellate rulings.