Legal Lens Research Articles

Evaluating the Ethical Responsibility of Environmental Planning Law in Perpetuating Settler Colonialism Using a Transnational Legal Lens

Evaluating the Ethical Responsibility of Environmental Planning Law in Perpetuating Settler Colonialism Using a Transnational Legal Lens

The Potential Effects of Climate Change on Arctic Ocean Navigation and Its Implications for Taiwan's Socio-Economic Society: An International Law Perspective

This study explores the potential effects of climate change on Arctic navigation and its implications for Taiwan's socio-economic fabric, through an international legal lens that considers geographical, socio-economic, and global political factors. The research review followed the methodological framework established by the Joanna Briggs Institute (2015) and drew upon Arksey and O'Malley's (2005) approach for summarizing and disseminating research findings, while adhering to PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) guidelines. The ongoing effects of climate change and global warming have accelerated glacial melting, easing access to Arctic waters and opening new shipping routes, such as the Northeast Passage and Northwest Passage, which have notably impacted Taiwan's socio-economic dynamics. Climate change significantly affects ocean-based economies, as it shapes oceanic processes, which in turn directly influence social and economic activities.

Authoritarian urbanism in Pakistan and Indonesia: a conjunctural comparison of two new cities

ABSTRACT This paper conducts a conjunctural comparison of two planned new cities in Asia: Ravi City in Pakistan, and Nusantara in Indonesia. Planned urbanization, and infrastructure-led development (ILD) more broadly, has been connected in the literature to a rise in authoritarian urbanism. This paper analyses legal sources to situate the historical-geographical trajectories of Ravi City and Nusantara within the global conjunctural moment of ILD. Our legal lens reveals two features of authoritarian urbanism that connect and differentiate our study sites: (1) the legacies of colonial land laws and (2) the scalar politics of land governance. The paper highlights how authoritarian urbanism is exercised, and challenged, in legal arenas such as courts, parliaments, and constitutions. Our method of conjunctural comparison demonstrates that authoritarian urbanism is both transregional and historically-geographically situated. This paper thus advances geographic understandings of authoritarian urbanism and comparative methodology.

Beyond Borders: Shedding Light on Foreign Bribery through an Islamic Legal Lens

This research examines the urgency and challenges of eradicating foreign bribery in Indonesia, utilizing the perspective of Islamic law as an ethical and moral framework. Although Indonesia has committed to the eradication of corruption through ratification of the United Nations Convention against Corruption (UNCAC) and participation in the G20 Anti-Corruption Working Group, the persistence of a stagnant Corruption Perception Index (CPI) score and the absence of specific regulations on foreign bribery indicate a gap between international commitments and domestic implementation. Through a normative legal method, this research analyzes the legal framework and corruption eradication practices in comparison to the principles of fairness, transparency, and accountability in Islamic law. The results show that there are significant gaps in the regulation and practice of combating corruption, especially in relation to combating foreign bribery. This research recommends reforming regulations that not only meet international standards but also accommodate ethical and moral values from Islamic law, as well as emphasizing the importance of international cooperation based on the principle of solidarity in goodness. Efforts to eradicate foreign bribery in Indonesia require a comprehensive approach, combining legal reform, integration of Islamic values, and strengthening international cooperation, to increase the effectiveness of the fight against corruption and strengthen integrity and public trust.

Historical Evolution of Jails and Perspectives from Legal Lens

Historical Evolution of Jails and Perspectives from Legal Lens

Vulnerability Through a Legal Lens: A Comparative Jurisdictional Analysis of the Law of Confessions and Vulnerable Suspects

This article considers the law of confessions in England and the United States of America Supreme Court's Fourteenth amendment cases, with a focus on suspects who are vulnerable. The question that is asked in the piece of work is whether the English statutory provisions and the decisions of the US Supreme Court provide sufficient protection to vulnerable suspects who falsely confess to crimes. A novel approach is adopted with this comparative analysis as it extends the knowledge base by examining vulnerability and the law of confessions within two jurisdictional parameters. A further contribution to knowledge can be seen as the paper provides a bespoke piece of legislation that affords protection to such individuals, and thereby adds to the current debate on vulnerability in the criminal justice system. Firstly, the work critically examine why vulnerable suspects will falsely confess to criminal acts. It will be established that vulnerable suspects may confess even if they have not been coerced, and this will be the foundational basis for the suggested reform: a vulnerable suspects confession should be excluded as a result of their characteristics or that such individuals should be provided with mandatory legal advice. The focus will then turn to the extant position in England, where it will be revealed that confessions will be excluded if they have been obtained by unfair practices or through inhumane or degrading treatment. It will also be recognised that the English jurisdiction affords limited protection to vulnerable suspects even though they are entitled to legal advice and an appropriate adult being present. The US Supreme Court's position will then be evaluated by chronologically critiquing the use of the due process clause in cases of confessions. It will be identified that the vulnerability of the individual can be considered in determining whether a confession should be excluded but cannot be utilised in isolation of other factors. The two jurisdictions will then be critically compared and the positive and negative aspects of the law in the jurisdictions will be evaluated. It will be established that neither England nor the US Supreme provides sufficient protection to vulnerable suspects and the law requires further refinement, by placing priority on mandatory legal advice and/or an opportunity to exclude the confession. A de novo remedial statutory provision for England is provided as an effective solution to the issue of vulnerability and false confessions.

Navigating legal pathways: Optimizing energy sustainability through compliance, renewable integration, and maritime efficiency

This concept paper explores the intricate interplay between legal frameworks and energy sustainability, focusing on compliance, renewable energy integration, and maritime efficiency. The maritime industry, a significant contributor to global emissions, faces unique challenges and opportunities in transitioning towards sustainability. By examining current legal pathways and best practices, this paper aims to provide insights and recommendations for optimizing energy sustainability in the maritime sector. The concept paper begins by outlining the current regulatory landscape, highlighting key international conventions, regional regulations, and emerging trends shaping the maritime industry's sustainability agenda. It then delves into compliance challenges faced by maritime stakeholders, including regulatory complexities, enforcement issues, and the need for harmonization. The paper also explores the role of renewable energy in maritime sustainability, analyzing successful integration strategies, such as hybrid propulsion systems, wind-assisted propulsion, and shore power solutions. It highlights legal frameworks supporting renewable energy adoption and identifies opportunities for further innovation. Furthermore, the concept paper examines maritime efficiency through legal lenses, discussing measures to improve operational efficiency, reduce emissions, and enhance overall sustainability. It considers the impact of digitalization, automation, and data-driven technologies on maritime operations, emphasizing the need for legal frameworks to adapt to these technological advancements. Based on these analyses, the concept paper proposes recommendations for policymakers, industry stakeholders, and legal practitioners to enhance energy sustainability in the maritime sector. These recommendations include fostering international cooperation, promoting renewable energy investment, and enhancing regulatory clarity and enforcement mechanisms. In conclusion, this concept paper underscores the importance of legal pathways in optimizing energy sustainability in the maritime sector. By embracing compliance, integrating renewable energy, and enhancing efficiency, the maritime industry can transition towards a more sustainable future while navigating the complex legal landscape effectively. Keywords: Energy, Sustainabiltiy, compliance, Policy, Renewable.

Changing Paradigm of the Labour Laws in India: A legal Analysis

With the evolving landscape of labour laws in India, examining the recent shifts and their implications through a legal lens becomes necessary to study the changes brought by the new legislation. The new labour reforms aim at creating more job opportunities, providing safety and bringing transparency. There are about 200 state legislations and 40 central legislations, which frequently provide colluding jurisdictions, prompting revisions to integrate all of those laws under the umbrella of four labour codes. These codes provide several new clauses addressing the problems of laid-off workers and Unorganized workers.[1] India, with its complex socio-economic fabric and diverse workforce, has undergone significant transformations in its approach to regulating labour relations. The interstate workers have also been provided with the provisions of the Public Distribution System. This work elucidates approaches of the legislature to create a legal framework for dealing with these unique circumstances of labour. It explores whether the standards of international labour law could account for such an arrangement and provides that this is true, and to what degree. The author attempts to analyze the increased awareness and utilization of new labour codes in line with the existing labour legislations for improved assessment of existing labour law principles. [1] Code on Social Security, 2020, ss. 154, 155, 156.

How effective are the enforcement activities of derivatives exchanges in the digital age? A survey of enforcement notices through the lens of humans

PurposeThe purpose of this paper is to scrutinise the effectiveness of four derivative exchanges’ enforcement efforts since 2007. These exchanges include the Commodity Exchange Inc. and ICE Futures US from the United States and ICE Futures Europe and the London Metal Exchange from the UK.Design/methodology/approachThe paper examines 799 enforcement notices published by four exchanges through a behavioural science lens: HUMANS conceived by Hunt (2023) in Humanizing Rules: Bringing Behavioural Science to Ethics and Compliance.FindingsThe paper finds the effectiveness of the exchanges’ enforcement efforts to be a mixed picture as financial markets transition from the digital to artificial intelligence era. Humans remain a key cog in the wheel of market participants’ trading operations, albeit their roles have changed. Despite this, some elements of exchanges’ enforcement regimes have not kept pace with the move from floor to remote trading. However, in other respects, their efforts are or should be, effective, at least in behavioural terms.Research limitations/implicationsThe paper’s findings are arguably limited to exchanges based in Anglophone jurisdictions. The information published by the exchanges is variable, making “like-for-like” comparisons difficult in some areas.Practical implicationsThe paper makes several recommendations that, if adopted, could help exchanges to increase the potency of their enforcement programmes.Originality/valueA key aim of the paper is to shift the lens through which the debate concerning the efficacy of exchange-level oversight is conducted. Hitherto, a legal lens has been used, whereas this paper uses a behavioural lens.

Reading China's Global Security Initiative Through an International Legal Lens

Closely related to China's response to Russia's full-scale invasion of Ukraine in 2022, the Global Security Initiative (‘GSI’) has attracted attention to its vision on the current international legal order. This essay examines three major themes of the GSI through an international legal lens: common security, sovereign equality and the amorphous idea of ‘legitimate security interest’. Firstly, it highlights the risk that the notion of common security and the related emphasis on ‘major countries’ relationship in the GSI could be abused to justify state oppression of domestic population or major countries’ domination over ‘minor countries’ and proposes a reading to limit these concepts to promoting peace-making efforts led by states, particularly ‘major countries’, with cascading effects on other countries in conflicts. Secondly, it argues that the GSI's re-emphasis on sovereign equality usefully counters unilateralism and should be interpreted not retrospectively to avoid accountability but prospectively to combat impunity for serious violations of international law. Thirdly, it argues that while the notion of legitimate security interest may be irrelevant to the prohibition of the use of force in international relations, it could be a useful consideration in discharging states’ obligation to settle international disputes peacefully.

Operationalising Progressive Ideas About Property: Resilient Property, Scale, and Systemic Compromise

Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the requirements of social justice is uncontroversial in many European jurisdictions, reflecting their normative foundations in traditions of European social welfarism and Catholic social teaching. In Property Rights and Social Justice: Progressive Property in Action, Walsh foregrounds a system designed for normative hybridity, and evaluates the practical possibility of balancing commitments to social justice within a system that upholds private property rights.
 In this Article, we build on Walsh’s account to consider the implications of her insights for scholars seeking to advance progressive ideas about property in the U.S. context across three registers of scale: rhetorical, jurisdictional, and physical. Applying Resilient Property Theory (“RPT"), we reflect on how the dominance of rhetorical methods in the last half-century has foregrounded ideological conflicts between competing normative commitments in U.S. property scholarship, locating scholars seeking to advance progressive ideas about property on a battleground that has been prepared to benefit others. Building on Walsh’s approach of “widening the doctrinal lens,” we argue that RPT offers a new methodological toolkit for advancing progressive ideas about property: by widening the legal lens; widening the contextual lens; and widening the methodological lens. We argue that each of these approaches, as they engage with material and hierarchical scales, offers opportunities to identify and advocate for compromise positions between respect for private property rights and social justice considerations, enabling active political and legal engagement with normative diversity and respecting and taking seriously different legal conceptions of the good.

Airline insolvencies and environmental concerns: a comparative legal perspective

Abstract Airline insolvencies can be economically stressful for the countries concerned. One of the significant challenges associated with such insolvencies is the grounding of the aircraft over an extended period due to the pendency of the legal proceedings. The ease with which the lessors can regain possession of the aircraft, triggered by the default of the insolvency company, determines the efficacy of the regulatory climate. Leaving aside the financial troubles the insolvent company faces, it may be additionally expected to match its environmental obligations. Therefore, the push for ‘green insolvencies’ is slowly gaining momentum within the international community. The Cape Town Convention stipulates a sui generis process of seeking possession of an aircraft without undue delay. The countries incorporating the Convention into their domestic setups stand to gain a tremendous regulatory edge over those that are yet to align their national laws with this international instrument. While focusing on developing an efficient insolvency framework is not enough in light of the Sustainable Development Goals, it is possible to address environmental concerns by incorporating more climate-sensitive insolvency frameworks at the national level. The countries may continue to turn to their domestic environmental norms in this regard. This research study aims to throw light on how airline insolvencies need to be more considerate towards environmental interests. It seeks to fill the gaps in the current literature regarding this interface and explore this rather tenuous relationship from a comparative legal lens. The first section of the paper provides an overview of the study. The second section considers the applicability of the Cape Town Convention and discusses the relevant insolvency frameworks in the USA, the United Kingdom, Canada, India, and Nigeria. The last section of the study provides the concluding remarks and suggestions.

Evaluating if Ghana's Health Institutions and Facilities Act 2011 (Act 829) Sufficiently Addresses Medical Negligence Risks from Integration of Artificial Intelligence Systems

With artificial intelligence (AI) integrated increasingly to enhance personalized diagnosis and data-driven treatment recommendations, this analysis examines the legal sufficiency of Ghana’s Health Institutions and Facilities Act 2011 (Act 829) to address medical negligence risks from reliance on AI systems in clinical settings. The CREAC framework structures evaluating gaps where existing health regulations may lack clarity for emerging issues of accountability. Explanation contextualizes the probabilistic nature of AI inferences and how general principles of medical negligence could have ambiguous application currently if erroneous AI contributions result in patient harm. Application to a hypothetical scenario assesses if adequate protections for appropriate integration exist across developers, systems, healthcare facilities, and practitioners under applicable interpretations of existing laws. Finding liability rules insufficient absent targeted AI governance, conclusions recommend amending Act 829 in key areas to codify expectations for responsible innovation and prevent ambiguity in liability.
 This work carries scientific novelty as one of the first structured jurisdictional analyses internationally of healthcare AI accountability gaps through a legal lens. Practical significance lies in setting the stage for strengthening protections in Ghana through proposed statutory reforms that reduce uncertainty around this crucial area for quality care. The method and recommendations offer a model for modernizing medical negligence law and AI policy amidst ongoing digitization in healthcare worldwide.

Lawyers’ encounter with parents subjected to elder abuse by their adult offspring with mental disorders

ABSTRACT One in six older adults in the world is subjected to abuse (WHO 2022). In Israel, a national survey indicated an 18.4% prevalence of elder abuse. Older parents of an offspring with mental disorder are at increased risk of abuse. Exploring lawyers’ experiences in elder abuse cases involving offspring with mental disorders. A qualitative study was conducted using in-depth interviews with 15 lawyers intervening via civil law in cases of elder abuse. Three themes were revealed: ‘A seething kettle’ – abusive offspring characteristics and family interactions; From a ‘pure lawyer’ to a ‘therapeutic lawyer’ – Transition from being a lawyer who examines intervention solely through a legal lens, to a lawyer who also considers the therapeutic aspects; How could things be different? Recommendations regarding training for lawyers; Expanding multidisciplinary teams including mental health professionals; Establishing therapeutic courts. Findings strengthened empirical evidence about the relationship between an abuser’s characteristics and their interaction with his or her parents as risk factors for abuse. Therefore, effective intervention should aim to assist both older adult victims and their abusive offspring, integrating legal and therapeutic approaches; Repositioning of lawyers as ‘therapeutic lawyers’ and establishing therapeutic courts may facilitate the necessary change.

Национальная идентичность против международного права: анализ практики органов конституционного контроля

The defense of national identity against external threats is a pressing issue for states, that aim to play a major role in shaping a multipolar world, including Russia. This issue can be examined not only from a political perspective but also through a legal lens, where an interesting paradox arises. From a legal standpoint, the defense of national identity comes down to the protection of the constitutional order (which typically reflects the values underlying the national identity) against the application of international treaties, the enforcement of conflicting international judicial decisions, and the normative prescriptions of international courts, among other factors. However, the transition to a multipolar world will inevitably be regulated by the principles of modern international law. Therefore, a key task for Russian legal science is to develop new mechanisms for protecting national identity in a way that aligns with international law. It requires drawing on the experience of other countries. Using a comparative legal method, the article analyzes the practice of constitutional control bodies in Germany, France, Italy, Brazil, Kazakhstan, and Russia, where the argument in defense of national identity and related concepts (for example, the protection of historical identity in Brazil) have emerged. The author reveals that this argument occurs in its different forms across all the examined jurisdictions, even in those that are generally more aligned with international law (such as Germany and France). Some mechanisms for protecting identity are controversial from the standpoint of international law (e.g. qualification of international treaties as soft-law acts in Italy or international treaty termination a posteriori by the constitutional control body in Kazakhstan). The articles concludes that Russia must develop alternative methods for protecting its national identity striking a reasonable balance with fulfilling its international obligations.

Rejuvenated Ascendency of Taliban in Afghanistan Examined through International Legal Lenses

The ultraconservative Islamic group Taliban has once again secured the land of the Islamic Republic of Afghanistan, renaming the country as the “Islamic Emirate of Afghanistan.” Power change in national territories becomes an international issue when the authority in power challenges international legal standards during the modification and teases the responsibility and obligations of the international community. This paper is penned to find out the legality of the process of the Taliban’s acquirement of domination upon Afghanistan, the appropriacy of Shariah principles used in different aspects of conduct in Afghanistan, the reasons behind the lack of support by the international community while discussing these issues from a legal viewpoint. There are several allegations in the media against the Taliban rulers for drastically violating International Humanitarian and Human Rights laws. Moreover, some speculations are incentivized by Islamophobia and news of terribly dropped life standards in Afghanistan. Though the United Nations (hereinafter, mentioned as UN) is continuing with remarkable humanitarian support in that terrain, the state responsibility regarding the disastrous conditions of the Afghans, is not a matter to be waived off. National statutes, Shariah law principles, international instruments, newspaper and non-academic articles, journal articles, official reports by international organizations, reports of meetings of experts, and Afghan Human Rights Organization, and news media, websites, and books are the sources used to aggregate qualitative data for the discussion. The findings will highlight and clarify the reasons behind the little to no support for the Taliban, exhibited by the international community.

Clinical Sociologists as Guardian ad Litem

This article posits that clinical sociologists have ideal expertise to serve courts as a Guardian ad Litem. It explains what these court appointed representatives provide the court, their qualifications, and how they can advocate for the best interests of children in divorce, custody, shared-time, and other caregiving situations. Often decisions are made by judges with a adult-focused legal lens. Clinical sociologists have a background in both macro and micro issues that impact the wellbeing of children. They are able to contribute and integrate their scholarly and practical knowledge to make better informed decisions that the court can use. Common challenges that Guardian ad Litem face are identified, with insights on how clinical sociological expertise can overcome them.

International law, climate change and the Antarctic Treaty System: re-contemplating governance questions apropos of the mounting challenges

Abstract More than 60 years since it entered into force in 1961, the Antarctic Treaty is experiencing significant challenges. These challenges also affect its associated instruments known as the Antarctic Treaty System (ATS). These are mostly external dynamics that are increasingly challenging the ATS from outside of the Antarctic region. They encompass a spectrum of issues relating to global legal regimes and to what extent they are applicable in the Antarctic context. Climate change appears to be the most significant of these challenges, as the tangible planetary impacts of global warming and the perception of its urgency and seriousness by states have prompted additional challenges to the ATS. The physical changes that continue to be scientifically unveiled in the Antarctic are manifesting severe impacts on a planetary scale, and this fact has underscored the need for broader and more rapid international engagement within the Antarctic governance discourse. Nevertheless, the existing decision-making mechanisms compounded by the adversarial atmosphere within the ATS due to external factors have become challenges of themselves. Such challenges call for the re-contemplation and reassessment of the legal regime of the Antarctic in general, and the ATS in particular, to find ways forward for an otherwise historically effective international legal system. This paper utilizes both scientific and legal lenses to underscore the urgent need to achieve better communication between the ATS generally, the Antarctic Treaty Consultative Meetings specifically and the UN Framework Convention on Climate Change and Intergovernmental Panel on Climate Change regimes and to overcome the multiple barriers that stand in the way of achieving that objective.

Civil-Military Relationship in a Democratic Pakistan

The paper explores the futuristic calibration of Pakistan’s constitutional development and its interpretation through precedents in the face of multiple sociopolitical, socioeconomic, and legal challenges. In particular, it analyzes the essential normative characteristics of constitutional legal framework based on separation of powers between pillars of the state vis-à-vis civil-military relationship. The article attempts to assess the constitutional direction from a broader legal and jurisprudential perspective meant to provide an avenue of progress and prosperity through its compatibility with sociopolitical norms. The main inquiry of the article is whether the constitutional evolution of Pakistan as a democratic state would be able to withstand the burden of contemporary socioeconomic, sociopolitical, and geopolitical challenges in creating a balance of power between civil and military institutions or would lead to more blurred boundaries instigating institutional conflicts and interventionist models. The paper through legal lens draws upon theories of legal positivism and its critique to understand the constitutional legitimacy of military interventions in democratic and political system. It covers the literature gap in analyzing jurisprudential approach of Pakistan’s judiciary as custodian of constitutional and democratic norms vis-à-vis constitutional scheme of civil-military relations, and its institutionalization in comparison with other international models suggesting pragmatic civilian control. In the end, the paper recommends a comprehensive institutional framework carved out of domestic realities as well as internationally-recognized constitutional schemes.

“The Echoes of Echo Park”: Anti-Homeless Ordinances in Neo-Revanchist Cities

This article focuses on national and local anti-homeless ordinances and investigates emerging spatial banishment strategies and their impacts on unhoused folks’ basic freedoms. First, we review debates on co-existing geographies of punishment and care through theoretical and legal lenses. Focusing on sixteen cities in the United States, we examine categories of anti-homeless ordinances and their evolution in the past two decades. Next, we focus on Los Angeles and use archival research and interviews with activists to examine the expansion of newly emerging anti-homeless spaces. Our research details ad hoc strategies of spatial banishment targeting homelessness. We find that the city represents a fragmented landscape of “no-go-zones” for the unhoused. We posit that the COVID-19 pandemic enabled various spatial banishment strategies and that Los Angeles is neo-revanchist. We advocate for city policies that abolish spatial banishment strategies and respond to the needs of the unhoused.