Legal Experts Research Articles

3.F. Round table: Legal action & capacity building: essential for climate action to protect and promote public health

Abstract The climate crisis is the single biggest threat to global health, peace and security, a crisis multiplier, and a significant driver of health inequalities within and between countries. In many areas of public health policy, legal action and litigation have delivered significant and long-lasting impacts. Court action is a strong domain of legal policy and practice to address climate change and related air pollution in many countries, and increasingly in international courts and tribunals. Examples include the 2021 landmark UK Coroners Report on the asthma-related death of Ella Kissi-Debrah, the 2023 UN General Assembly Request for an Advisory Opinion from the International Court of Justice on states’ obligations to address climate change, and the 2024 European Court of Human Rights decision in Klimanseniorinnen v. Switzerland. Climate litigation also creates opportunities for public scrutiny and debate by raising awareness of inaction or harm caused by governments or private sector polluters, generating wider community mobilisation for action. Since 2021, the EUPHA Law and Public Health Section, Faculty of Public Health (UK), Aletta Jacobs School of Public Health, Global Network for Academic Public Health, ASPHER and other partners have collaborated to build ethicolegal competence and capacity of public health professionals for climate action. Initiatives have also included research, advocacy, and resource development, and exploring opportunities for legal action and litigation, including at the International Conference on Strategic Litigation and Public Health (Liverpool, 2023). The roundtable will present key findings from an evaluation of the course on climate change organised by the ASPHER and the Global Consortium on Health and Climate Education (GCHCE), and learnings and feedback from the publication ‘From analysis to action: climate change litigation. A guide for public health professionals’, which was launched at the 16th European Public Health Conference. The expert panel will also reflect on whether the nature of current educational materials, means and methods in curriculum and training initiatives are effective, appropriate, adequate, and sufficient. Should climate change be part of One Health and Planetary Health programmes rather than a distinct entity? What is the role of, and what are the opportunities for, public health professionals to be engaged in climate litigation? What are the gaps and opportunities through strategic networking with environmental and legal experts, and affected communities? The roundtable will be interactive and invite input and insights from the participants to explore opportunities to further advance the agenda. Key messages • Public health professionals have a key and increasing role in climate law and litigation: interdisciplinary collaboration is essential. • Public health professionals have multiple avenues for capacity building on opportunities to address climate and environmental impacts on public health through law. Speakers/Panelists David Patterson University of Groningen, Groningen, Netherlands Farhang Tahzib Faculty of Public Health, Haywards heath, UK Liz Green Public Health Wales, Wrexham, UK Ana-Catarina Pinho-Gomes University College London, London, UK

Abstract concepts and expertise: the case of institutional concepts

Recent views recognize that abstract concepts encompass a variety of exemplars, each relying on different dimensions, including not only sensorimotor but also inner, linguistic, and social experiences. How these dimensions characterize types of abstract concepts, and whether their weight varies across contexts and individuals remains an open question. We investigated the role of linguistic and social situations in the processing of institutional concepts, such as justice, by individuals with different levels of expertise. In a priming study, legal experts and non-experts were asked to respond to target words (go-trials) consisting of different kinds of abstract (institutional, theoretical) and concrete concepts (food, tools) and to ignore filler words (no-go trials). The verbal stimuli were primed by pictures depicting social-action, linguistic-social, linguistic-textual situations, and a control condition. As predicted, critical priming modulated performance on abstract concepts, likely due to their highly context-dependent meaning. Interestingly, we found that the processing of institutional concepts was selectively facilitated by social action prime, suggesting that this situational content may be integrated to support their representation. Crucially, the dialogic context, the linguistic social prime, affected more non-experts than law-experts, who tended to frame institutional concepts as shared idea for regulating social practices. Our results show that linguistic and social inputs become differently salient for institutional concepts representation depending on individual competence.

10.F. Skills building seminar: How public health professionals can use the right to health to advance climate action and justice

Abstract The climate crisis is the single biggest threat to global health, peace and security, a crisis multiplier, and a significant driver of health inequalities. In many areas of public health policy, legal action and litigation have delivered significant and long-lasting impacts. In April 2024, the European Court of Human Rights concluded that Switzerland had violated the right to health of older women in Switzerland by failing to meet its past greenhouse gas (GHG) emissions reduction targets and set future GHG targets. State-of-the-art public health evidence provided by the Intergovernmental Panel on Climate Change and Lancet Countdown on Health and Climate Change were vital to the Court’s decision, which has implications for all Council of Europe member states, and globally. Rigorous scientific evidence of health harms, including but not limited to heat stress, can inform other climate litigation grounded in the right to health. Public health researchers and practitioners are essential to this litigation. In recognition of this emerging role, in November 2023 the Faculty of Public Health (UK) and the Aletta Jacobs School of Public Health launched ‘From analysis to action: climate change litigation. A guide for public health professionals’ at the 16th European Public Health Conference. The guide was also endorsed by ASPHER, ASPPH, EUPHA, Global Consortium on Climate and Health Education, Global Network for Academic Public Health, Lancet Countdown, Public Health Ethics and Law Global Network, and WFPHA. This workshop will familiarise participants with recent rights-based climate litigation and explore the role of public health professionals in identifying, collecting, storing, assessing and presenting this evidence in a form that is accessible to court officials without medical training. First, there will be short presentations on 1) the role of the law in climate action and the role of scientific evidence of health harms in human rights litigation, and 2) How to collect and use scientific evidence of health harms in climate litigation (15 minutes). Small group discussions will follow, addressing questions such as: The health harm of climate change-related heat stress was a major factor in the 2024 decision of the European Court of Human Rights in KlimaSeniorinnen v. Switzerland: What other health harms could support future cases? In what population groups? What opportunities do you see today for public health researchers and practitioners to compile such evidence to make the most compelling case? How can public health researchers and practitioners work more closely with legal experts and affected communities to bring this evidence to court? (20 minutes) The workshop will conclude with a plenary discussion of these questions and the small group responses. (25 minutes) As a result of the workshop, participants will be better prepared to identify opportunities to contribute compelling evidence of health harms in climate litigation. Key messages • Rigorous scientific evidence of climate change-related health harms is proving central to success in rights-based climate litigation. • Public health professionals have a key role in identifying and presenting compelling evidence of health harms in climate litigation. Speakers/Panelists David Patterson University of Groningen, Groningen, Netherlands Farhang Tahzib Faculty of Public Health, Haywards Heath, UK

A qualitative focus group study on legal experts’ views regarding euthanasia requests based on an advance euthanasia directive

BackgroundThe Dutch Euthanasia law permits euthanasia in patients with advanced dementia lacking decisional capacity based on advance euthanasia directives. Nevertheless, physicians encounter difficulties assessing the criteria for due care in such cases. This study explores the perspectives of legal experts on the fulfillment of these criteria and the potential for additional legal guidance to support physicians’ decision-making processes.MethodsA qualitative study was conducted with legal experts. Two focus group sessions were conducted. The data analysis was conducted iteratively, with the data being interpreted using thematic content analysis and the framework method.ResultsParticipants emphasize the importance of considering the patient’s current wishes and informing them about the limitations of advance euthanasia directives. While representatives and healthcare professionals can assist in interpreting wishes, the final decision regarding euthanasia rests with the physician. The participants also discuss the challenges posed by pre-recorded wishes due to changing preferences. Furthermore, they present different views on the value of life wishes of patients with advanced dementia. While some participants prioritize life wishes over advance euthanasia directives, others question whether such expressions still reflect their will. Participants find it essential to assess unbearable suffering in the context of the current situation. Participants acknowledge the necessity to interpret advance euthanasia directives but also current expressions and they entrust this interpretation to physicians, viewing them as the primary authority, despite consulting multiple sources.ConclusionsThe Dutch Euthanasia law’s due care criteria are open norms –which are open in substance and require further elaboration, mostly determined on a case-by-case basis to the field standards of the profession–, placing the responsibility on physicians to interpret advance euthanasia directives and patient expressions. Despite potential support from various sources of information, there is limited additional legal guidance available to assist physicians in making decisions.

Correlation of Justice in the Mahabharata Film with the Concept of Justice of Murtadho Muthahhari

The writing of this scientific paper discusses how the correlation between justice in the Mahabharata film and the concept of justice by Murtadho Muthahhari. Justice has become a topic of discussion by philosophers, religious scholars, politicians, and of course legal experts such as Murtadho Muthahhari. The purpose of this study is to find out the situation in the Mahabharata film, the concept of justice of Murtadho Muthahhari, and how it correlates with each other. The research method used is a qualitative method, with data sources obtained from the Mahabharata film, as well as books, and scientific works that support the research. After conducting this research, it can be found that there are similarities between justice in the Mahabharata film and the concept of justice by Murtadho Muthahhari. Murtadho Muthahhari explained that a person's good and bad deeds will not be separated from the judgment of God Almighty. In the story of Mahabharata which describes a person who does good, there will be a reward for his deeds. Likewise with evil deeds. Conclusion As in his story, the Pandavas who always do good will get a good reward from God, as well as Kaurawa who always does evil, will always get misfortune. This belief has been embraced by every religion, Hinduism, Buddhism, Christianity, and Islam as the religion that the author follows.

Planning For The Development Of Technical Competence In Land Management (Case Study At The Regional Office Of The National Land Agency, DKI Jakarta Province)

This study aims to design a development plan for technical competencies in land management, specifically within the Regional Office of the National Land Agency (BPN) DKI Jakarta Province. The complexity of land issues in urban areas like Jakarta necessitates the improvement of technical competencies among functional land administrators to ensure effective performance and service delivery. Using a qualitative research approach, data was gathered through interviews, observations, and document analysis. The research highlights the absence of a structured competency development plan for land administrators and suggests the need for tailored training programs. Findings emphasize the importance of digital literacy, land administration skills, legal expertise, and communication skills to meet the demands of modern land management. The study concludes with recommendations for competency development that aligns with organizational goals, proposing a competency framework tailored to the challenges faced in Jakarta.

State of scientific research problems of judicial proceedings in civil jurisdiction

The article reveals current problems and the state of scientific research on judicial proceedings in civil proceedings. In particular, special attention is paid to the issue of justice. The definitions and content of justice given by both scientists and its normative basis are analyzed. It is established that some scientists define justice as the main function of the court, while others define it as a form of activity of the court itself. The proposed author’s definition of the concept of «justice». Issues of access to justice are highlighted. It is suggested that the issue of access to justice be classified as one of the main principles of the civil process. The availability of justice and access to court is considered in the context of the concept of basic human rights and freedoms. Access to justice is defined as a combination of such interrelated elements as unconditional freedom, state- guaranteed opportunity and equality of a person whose rights have been violated to apply for judicial protection of his rights and legitimate interests to a competent court; the duty of the court to accept the case for its proceedings, without applying formal reasons for refusal. Application of universal and unlimited court jurisdiction; guarantees of competitiveness, proper judicial procedures, which ensure reasonable terms of consideration of the case. Particular attention is paid to the main principles recommended by the Committee of Ministers of the Council of Europe to member states regarding measures that facilitate access to justice. The opinions of scientists revealing the meaning of such principles as simplification of court proceedings, acceleration of proceedings and court costs are established. The work analyzes official statistical data for 2020 - 2023, regarding the number of cases that were considered in the order of simplified legal proceedings in all courts on the territory of Ukraine. It was concluded that, in minor cases, it would be appropriate to develop and implement national standards that would allow individuals to independently fill out understandable standard forms of procedural documents and submit them to the court, without consulting legal experts. It is proposed to use a differentiated approach to determine the size of the court fee depending on the person’s income or depending on the degree of difficulty of the case, taking into account the procedural costs and time for consideration of the case.

We Think There’s Been a Glitch

Forensic anthropology plays a pivotal role in the medicolegal system analyzing skeletal remains in forensic casework. With the increased incorporation of artificial intelligence (AI) and machine learning (ML), their continued application in the field promisesenhanced efficiency and accuracy in identification processes, trauma analyses, and decision-making. However, the integration of AI/ML also raises critical ethical concerns. The use of any technology involving human skeletal remains poses challenges related to privacy, consent, and the potential for dehumanization. Furthermore, the risk of bias within algorithms cannot be ignored—specifically, the inadvertent perpetuation of existing biases in training data, which can lead to incorrect identifications or skewed results. Addressing these concerns requires a balanced approach. Transparency in AI/ML design, clear guidelines for data collection and integration, and ongoing evaluation of algorithmic performance are essential. Additionally, interdisciplinary collaboration between anthropologists, ethicists, computer scientists, and legal experts would be a crucial step forward to ensure that the benefits of AI/ML are maximized while capturing the accountability and responsibilities within a legal and ethical context. Only through such an integrated approach can the potential of AI/ML in forensic anthropology be utilized as a tool responsibly, preserving the dignity of the deceased.

Shifting risks back to the state? Flood insurance and responsibility in the face of climate change in Australia

In Australia, with its neoliberal policy tradition, responsibility for dealing with severe and extreme weather events such as floods and bushfires has mainly been left to individual households and insurance markets. With the growing number of extreme weather events, existing institutional arrangements and behavioral patterns are challenged. Individuals have difficulties to reliably assess and manage knowledge about such climate change related hazards. In response to the growing uncertainties of rising costs due to increasing flooding and bushfire events, insurers raise their premiums for house and contents insurance or even withdraw from insuring high-risk areas altogether. Based on semi-structured interviews with 26 (re)insurance, legal, financial, and urban planning experts conducted in 2022, the study provides empirical insights in the still under-researched question of how responsibilities are understood and attributed amongst different stakeholders in the context of changing climate. The findings show that extreme weather events and the individualization of risk lead to new, complex patterns of sharing responsibilities amongst banks, insurers and the different governmental levels with a stronger emphasis on state regulation.

Tax Corruption: Legal Loopholes and Criminal Practices by High-Ranking Officials

Introduction: Tax corruption represents a critical issue that undermines economic stability and public trust, particularly when perpetrated by high-ranking officials. This study addresses the interaction between tax corruption and legal loopholes, highlighting how such gaps in the legal system facilitate criminal practices among powerful individuals.Purposes of the Research: The primary aim of this research is to explore how legal loopholes contribute to tax corruption and to examine the criminal practices of high-ranking officials involved in such activities. The study seeks to understand the systemic issues in tax administration and enforcement that allow these practices to flourish.Methods of the Research: The research employs a mixed-methods approach, combining qualitative analysis through interviews with tax officials and legal experts, with quantitative analysis of case studies involving tax fraud and evasion by high-ranking officials. This methodology provides a comprehensive view of both the legal and practical aspects of tax corruption.Results of the Research: : The findings reveal that significant legal loopholes, coupled with inadequate enforcement mechanisms, create opportunities for high-ranking officials to engage in corrupt practices with minimal repercussions. These corrupt practices undermine public confidence in tax systems and result in considerable revenue losses for the state.Conclusions: The research concludes that addressing tax corruption requires comprehensive legal reforms to close existing loopholes and enhance enforcement capabilities. Strengthening transparency and accountability mechanisms, along with promoting greater public oversight, are essential to mitigating the effects of tax corruption and restoring integrity in tax administration.

사회초년생의 전세사기 예방을 위한 모바일 서비스 제안

The state shares information on jeonse transactions with the public. However, the damage to jeonse transactions is increasing every year due to the low interest in information on jeonse transactions and institutional loopholes of young adults in society in their 2030 young adults. Therefore, this study proposes a mobile real estate service that provides practical information to prevent jeonse fraud for young adults in society in their 2030. After analyzing the current status of information provision of jeonse transaction through UX methods such as in-depth interviews and stakeholder modeling, an improvement plan was prepared by analyzing problems arising from the interaction between real estate and legal experts, real estate agents, and tenants. It was designed to compensate for the problems of existing national services by providing location-based nearby jeonse information, and the usability of the service was verified through a working prototype. The 'safe jeonse map' proposed by this study is expected to be effective in inducing young adults in society to easily understand and interest in jeonse information in their 2030, helping beginners prepare safety standards for jeonse transactions.

PROBLEMS OF JUDICIAL ACTS REVIEW IN THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the problems of reviewing court decisions of lower courts by the Supreme Court of the Republic of Kazakhstan. This article examines the control of higher courts over lower courts' activities in the system to ensure the rule of law in case consideration and decision-making. The procedure of reviewing judicial decisions by a higher court that have become effective and those that are not effective in the order of cassation and supervisory review, as well as representations of the President of the Supreme Court, and protests of the Prosecutor General of Kazakhstan, are investigated. Problems of citizens' implementation of their constitutional rights to judicial protection and appeals against court decisions are highlighted. The grounds for reviewing judicial acts that have entered into force, the range of subjects entitled to apply for review, criteria for the admissibility of appealing judicial acts as well as procedure for preliminary consideration of complaints and protest by a judge alone is shown. The analysis of these issues allows us to conclude that the current grounds and procedure for reviewing judicial decisions of the appeal and cassation courts based on the submissions of the Chairman of the Supreme Court and the Attorney General of the Republic of Kazakhstan firstly hinder the realization of citizens' constitutional right to judicial protection, including the right to appeal against judicial decisions, and secondly prevent the formation of consistency in judicial practice. The lack of guidance to lower courts on reviewing judicial decisions by way of cassation and supervision has once again convinced courts of their inability to achieve consistency in the interpretation and application of law, as well as failure to contribute effectively to citizens' exercise of the right to justice. The paper provides a critical analysis of judges, lawyers, and legal experts on the current process for the Supreme Court of the Republic of Kazakhstan to review appeals and cassation court decisions. At the end of the paper, the author draws conclusions and makes suggestions regarding the enhancement of the constitutional right to judicial protection and uniformity in court practice.

A Comprehensive Theological and Scientific Study of Gestational Surrogacy

With advancements in science and in response to the desire of childless individuals, surrogacy has emerged as a contemporary method of treating infertility. Intriguingly, due to its novelty, this topic has sparked considerable legal and jurisprudential debate. In essence, this medical procedure involves fertilizing a woman's egg with a man's sperm outside the womb. Subsequently, due to the woman's inability to carry the pregnancy, the embryo is implanted into another woman's uterus. Surrogacy, in fact, is a means for infertile couples to have a child. Through assisted reproductive technologies, an embryo created via in vitro fertilization is transferred to a gestational carrier, who carries the pregnancy to term and then relinquishes the child to the intended parents. In Iran, assisted reproductive technologies are employed when couples, or either partner, experience infertility. In these procedures, the sperm and egg of the legal and marital couple are fertilized in a laboratory, and the resulting embryo is donated to another legal and marital couple. A crucial issue in this context is the determination of the child's parentage, especially maternal lineage. Due to the silence of the law, this matter must be resolved by examining the Constitution of the Islamic Republic of Iran and relevant jurisprudential opinions, as well as the perspectives of legal experts. In this regard, determining the maternal lineage, which involves the biological mother and the gestational carrier, presents a challenge and requires further exploration. The conclusion of this paper is that, based on Quranic verses, hadiths, the principle of freedom of will, the intentions of the parties involved, the best interests of the child, customary practices, and legal principles, the gestational carrier is considered the legal mother of the child.

Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective

The Bharatiya Nyaya Sanhita, 2023 was enacted on December 25, 2023, to supplant the Indian Penal Code of 1860, marking a significant reform in India's criminal justice system. This legislation, along with the Bharatiya Nagarik Suraksha Sanhita as well as Bharatiya Sakshya Adhiniyam, took impact on 1st July 2024. The changes signify a departure from colonial legal frameworks, aiming for a system aligned with contemporary rights and inclusivity. While the Chief Justice of India and various legal experts have praised the BNS as a transformative step, it still exhibits notable shortcomings. For instance, it fails to address necrophilia, leaving serious offences unregulated. Moreover, Section 69's treatment of "deceitful means" in sexual relations raises issues regarding consent, particularly in contexts involving job offers or promotions. Section 152, which deals with threats to national sovereignty, could lead to overly broad interpretations that impede free expression. Additionally, Sections 84 and 88 reveal gender biases and outdated perspectives on marital rights and women's reproductive decisions. These challenges highlight the urgent need for further review and reform to ensure BNS fulfils its goal of creating a just and equitable legal system.

UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA

This study investigates the evolution of criminal law in Indonesia, focusing on the impact of technological advancements, social shifts, and political changes on the justice system. Utilizing a qualitative research design, including in-depth interviews with legal experts and practitioners, as well as comprehensive document analysis, the research reveals significant trends and patterns in recent legal reforms. Findings indicate that the introduction of procedural standards, such as those outlined in Regulation No. 6 of 2019, has enhanced the transparency and efficiency of criminal investigations. Additionally, the shift towards rehabilitative and restorative justice approaches reflects changing societal attitudes towards crime and punishment. However, challenges persist in fully implementing these reforms and integrating technological advancements into existing legal frameworks. The study concludes that while these reforms contribute positively to the justice system, further research is needed to assess their long-term impacts and practical applications. Recommendations for future research include examining the effectiveness of restorative justice practices and the integration of emerging technologies. For legal practitioners, adapting to these changes and incorporating new technologies and rehabilitative approaches into legal practice are crucial for improving justice outcomes. This research provides valuable insights into the ongoing transformation of criminal law and offers guidance for both scholarly inquiry and practical application in the field of criminal justice.

Partnering with the woman who declines recommended maternity care: Development of a statewide guideline in Queensland, Australia.

Choice, a fundamental pillar of woman-centred maternity care, depends in part on the right to decline recommended care. While professional guidance for midwives and obstetricians emphasises informed consent and respect for women's autonomy, there is little guidance available to clinicians or women about how to navigate maternity care in the context of refusal. To describe the process and outcomes of co-designing resources to support partnership between the woman who declines recommended maternity care and the clinicians and health services who provide her care. Following a participatory co-design process involving consumer representatives, obstetricians, midwives, maternal fetal medicine specialists, neonatologists, health service executives, and legal and ethics experts, implementation of the resources was trialled in seven Queensland Health services using Improvement Science's Plan-Do-Study-Act cycles. Resources for Partnering with the woman who declines recommended maternity care have now been implemented statewide, in Queensland, including a guideline, two consumer information brochures (available in 11 languages), clinical form, flowcharts, consumer video, clinician education, and culturally capable First Nations resources. Central to these resources is an innovative shared clinical form, that is accessible online, may be initiated and carried by the woman, and where she can document her perspective as part of the clinical notes. Queensland is the first Australian jurisdiction, and perhaps internationally, to formally establish this kind of guidance in clinical practice. Such guidance is identified as an enabler of choice in the national Australian strategy Woman-centred care: Strategic directions for Australian maternity services.

"Data Free Flow with Trust": Japan's struggle to integrate democracy and human rights into digital trade policy.

A powerful regime for regulating trade, the Group of Seven (G-7) has increasingly negotiated its digital trade through bilateral and preferential trade agreements, including with non-member states in the Global South. Focusing on the dominant concept shaping these agreements, Japan's "Data Free Flow with Trust" (D.F.F.T.), we trace its discursively contested emergence and meaning within a national ("Society 5.0") vision for Japan's digital transformation, and its subsequent transnationalization in international fora and institutionalization in global digital trade policy. Drawing on our interviews with Japanese government ministers, business elites, and legal experts who contributed to the processual development of D.F.F.T., as well as diverse additional primary sources, we find that the D.F.F.T. has become more than a trade policy, covering a wider range of social and geopolitical issues. In particular, we show that contention over "data localization measures" has restructured international relations of trust, especially across the Global North/South divide. Ultimately, this research report contributes to our understanding of how D.F.F.T. poses threats to human rights, democracy, and the global knowledge economy that may undermine its goals of enhancing innovation capacity and economic growth.

Good Intentions, Risky Inventions: A Method for Assessing the Risks and Benefits of AI in Mobile and Wearable Uses

Integrating Artificial Intelligence (AI) into mobile and wearables offers numerous benefits at individual, societal, and environmental levels. Yet, it also spotlights concerns over emerging risks. Traditional assessments of risks and benefits have been sporadic, and often require costly expert analysis. We developed a semi-automatic method that leverages Large Language Models (LLMs) to identify AI uses in mobile and wearables, classify their risks based on the EU AI Act, and determine their benefits that align with globally recognized long-term sustainable development goals; a manual validation of our method by two experts in mobile and wearable technologies, a legal and compliance expert, and a cohort of nine individuals with legal backgrounds who were recruited from Prolific, confirmed its accuracy to be over 85%. We uncovered that specific applications of mobile computing hold significant potential in improving well-being, safety, and social equality. However, these promising uses are linked to risks involving sensitive data, vulnerable groups, and automated decision-making. To avoid rejecting these risky yet impactful mobile and wearable uses, we propose a risk assessment checklist for the Mobile HCI community.

Empowering the elderly: a cash waqf Takaful model for enhanced provision and protection in Malaysia

Purpose The primary objective of this research is to introduce a pioneering takaful model that provides both provision and protection to the aging population by combining the concept of cash waqf with takaful. This model is designed to align with Shariah principles, ensuring sustainability and enduring impact. Design/methodology/approach This research adopts a qualitative methodology, where a focus group discussion was conducted with six stakeholders. The participants consisted of takaful operators, legal experts and other industry players. The participants were presented with the proposed cash waqf takaful model and their feedback was recorded. Legal issues related to linking waqf with takaful were also identified and discussed. Findings The study highlights the need for innovative financial solutions to support Malaysia's aging population. It proposes a cash waqf takaful model, leveraging crowd funding for sustainability. Legal hurdles and recommendations for overcoming them are discussed, along with suggestions for future research on quantitative validation and regulatory frameworks. Ultimately, the study emphasizes the holistic approach of the proposed model in addressing the well-being of Malaysia's senior citizens. Practical implications The proposed takaful model presents opportunities for takaful operators to integrate Islamic social finance into their operations, enabling easier access to takaful for the elderly community. By eliminating financial barriers, it can transform the takaful landscape, ensuring inclusivity and financial security for aging populations. Moreover, policymakers see it as a blueprint for sustainable financial solutions and social welfare enhancement globally. Originality/value The study introduces a novel cash waqf takaful model to support Malaysia's aging population, leveraging crowdfunding for sustainability. It addresses legal challenges unique to Malaysia and proposes collaboration with State Islamic Religious Authorities. Furthermore, it emphasizes the need for further research to validate the model's effectiveness and explores its potential global policy implications.

Recent Development of Arbitration Law in Brazil

Arbitration in Brazil has undergone a remarkable transformation, graduating from a tentative start to a robust and thriving practice. Like many jurisdictions with complex judicial systems, Brazil has found in commercial arbitration a valuable tool to foster economic growth and provide efficient dispute resolution for both domestic and international parties. Initially, when the Arbitration Act was enacted in 1996, it was met with skepticism. Many Brazilian scholars and legal practitioners questioned its constitutionality, as the concept of removing cases from the traditional judiciary's purview seemed far-fetched. The turning point came when Brazil's Supreme Court upheld the constitutionality of the Arbitration Act, providing a significant boost to its adoption and legitimacy. Since then, the country has witnessed rapid advancements in arbitration practices, making it an increasingly attractive venue for resolving commercial disputes. This development reflects a growing confidence among businesses and legal experts in the efficiency and effectiveness of arbitration as a complementary mechanism to the traditional court system. This article aims to delve into the evolving legal environment surrounding arbitration in Brazil. It will explore the dynamic trends that have emerged, such as the increasing sophistication of arbitration procedures, the establishment of dedicated arbitration centers, and the rising number of professionals specializing in this field. Additionally, the article will analyze how these developments have influenced Brazil's attractiveness as a hub for international arbitration, and the impact this has on the nation's legal and economic landscape. By examining these aspects, the article will provide a comprehensive overview of the current state and future potential of arbitration in Brazil.