Legal Stance Research Articles

Setting the Priorities for LGBT+ Research and Intervention Effort in Malaysia Through Community Voices: A Brief Report.

Internationally, there is a growing acceptance of gender and sexuality diversity and acknowledgment of LGBT + identities as health determinants. However, caution is warranted when applying research and intervention priorities from Global North countries to regions where LGBT + identities remain criminalized. In 2024, Malaysia maintains legal stances persecuting LGBT + individuals and shows no intent to address this human rights issue. This study offers an overview of pivotal issues identified by LGBT + communities in Malaysia that urgently require attention and resolution. Data were employed from a large-scale community-based survey: the KAMI Survey that recruited LGBT + participants in Malaysia in late 2023 and descriptive analyses were conducted on the responses of 637 participants (mean age = 27.75). Results revealed key issues deemed 'very important' to address by participants comprised HIV/AIDS, training for healthcare providers, police mistreatment, and discrimination, with more than 80% reporting each of these. When prompted to select a single issue for urgent resolution, three-fifths (61.0%) prioritized 'criminalizing laws affecting LGBT + individuals'. Echoing prolonged advocacy by local LGBT + community organizations, the author emphasizes the need for collective allyship across stakeholders to develop evidence-based practices and policies to address the concerns articulated in this paper.

The Legal Challenges of Regulating AI in Cybersecurity: A Comparative Analysis of Uzbekistan and Global Approaches

This paper delves into the complex legal landscape surrounding the regulation of artificial intelligence (AI) in cybersecurity, with a particular focus on Uzbekistan's regulatory framework in comparison to global approaches. As AI technologies become increasingly integral to cybersecurity systems, they present a host of unique legal and ethical concerns that traditional legislative models are ill-equipped to address. Through a comparative analysis methodology, this study evaluates Uzbekistan's current legal stance on AI in cybersecurity against international best practices, identifying critical gaps and proposing potential legislative solutions. The research reveals that while Uzbekistan has made significant strides in digital development, its legal framework lacks specific provisions for AI-driven cybersecurity measures, potentially leaving critical infrastructure vulnerable to emerging threats. The paper concludes by advocating for a balanced approach that fosters innovation while ensuring adequate safeguards against AI-related cybersecurity risks, positioning Uzbekistan as a potential leader in AI governance within Central Asia.

The Influence of the Soviet Legal Model on the Law Directing the Establishment and Operation of Vietnam and China's Central Banks

The Soviet legal model significantly influenced the legal stance, operation and organization of central bank branches in China and Vietnam. According to research on the effect of the Soviet legal model on the organization and operations of the Central Bank of China and the Central Bank of Vietnam, the Soviet legal model assisted Vietnam and China in creating major legislative frameworks for the banking sector. However, the legal status of Russian banks has evolved in the direction of being more autonomous and efficient; at the same time, the People's Bank of China branch was also restructured to be more streamlined and efficient. These are the areas in which the State Bank of Vietnam has to improve in order to grow more successfully.

National Identity in Qatar: A Systematic Literature Review

AbstractThe Arabian Gulf region has witnessed tremendous social, political and economic change in recent decades. The State of Qatar's ambitious global visions mean that it is a significant player in both creating and riding these transformational waves. Yet with a minority citizen population of only ~12%, protecting the language, culture and values of the nation in the midst of rapid development and modernization presents unique challenges that most governments do not have to grapple with. This has led to strategic and legal stances and policies as well initiatives by governmental and non‐governmental organizations to maintain and develop national identity and Qatari culture. Through a systematic literature review, this paper synthesizes available evidence regarding national identity for Qatari citizens. It explores dominant themes that emerged in the literature related to identity in Qatar, namely: architecture, education and language policy, gender, media and social media, museums, politics and governance, and sports. Each are synthesized, from which we offer reflections on what is (not) known regarding national identity, identifying a number of areas in need of research related to better understanding the complexity and diversity within the citizen population.

A Comparative Legal Study: Euthanasia for Psychological Reasons

This research conducts a comprehensive examination of euthanasia within the legal frameworks of Indonesia and the Netherlands, aiming to elucidate the criminal liability associated with this act. Employing a normative legal research approach, the study analyzes written legal materials, including regulations, legislation, books, journals, and related legal sources, to facilitate a cross-jurisdictional comparison. The findings reveal distinctive legal perspectives in the two countries. In the Netherlands, euthanasia was initially deemed a criminal offense under penal code sections 293 and 294. However, the landscape evolved with the enactment of the Dutch Law on Termination of Life on Request and Assisted Suicide in 2001. This legislation, effective from April 1, 2002, decriminalized euthanasia under specific conditions. Conversely, in Indonesia, euthanasia, particularly active euthanasia, lacks explicit recognition in positive law. Despite the absence of clear regulations, it is generally treated as a form of murder due to its implication in ending a person's life. Examining criminal liability in Indonesia, the study identifies article 344 of the Criminal Code as the closest provision related to euthanasia. However, detailed regulations are lacking. Additionally, the medical code of ethics plays a role in shaping responsibility. Doctors violating article 7d of the medical code of ethics, which mandates the immediate protection of human life, particularly patients, may face consequences. In conclusion, this research underscores the contrasting legal stances on euthanasia in Indonesia and the Netherlands. While the Netherlands has embraced a legalized and regulated framework, Indonesia's legal landscape remains silent on the matter. The study also highlights the need for clearer legal provisions in Indonesia and emphasizes the role of medical ethics in shaping the responsibility associated with euthanasia.

Navigating the Terrain of Geofence Warrants

This Note critically examines the legal intricacies surrounding geofence warrants in the context of the Fourth Amendment, delving into the evolving dynamics of privacy rights and law enforcement capabilities in the digital era. It provides an in-depth analysis of company policies, particularly those of major tech companies, and scrutinizes a range of federal opinions to assess the current legal stance on geofence warrants. The paper advocates for a judicious approach that balances individual privacy with the investigative needs of law enforcement, proposing a refined framework for the application of geofence warrants. This includes a recommendation for a two-step warrant process and clearly defined standards for probable cause, particularity, and overbreadth, aimed at aligning these warrants with constitutional principles and addressing the unique challenges posed by emerging technologies.

Copyright Protection for AI-Generated Content: A Study Perspective from Chinese Law

The rapid proliferation of AI technology, marking the transition from weak AI to strong AI, has catalyzed a surge in AI-generated content across various domains. This transformation has brought into question the protection of intellectual property rights associated with AI-generated works. This paper embarks on an exploration of the evolving framework for protecting AI-generated content within the context of Chinese law. It delves into the multifaceted dimensions of this issue, scrutinizing copyright disputes arising from the innovative nature of AI content generation. Furthermore, it critically analyzes judicial practices to discern the evolving legal stance regarding AI-generated works, distinguishing cases where protection is granted from those where it is denied. In response to the challenges posed by this nascent field, the article also proposes a set of strategies geared towards fortifying the protective mechanisms for AI-generated content. These strategies encompass the development of classification criteria based on the purpose of content generation, the enhancement of intellectual property registration and verification mechanisms, and the promotion of synergy between technological advancements and legal frameworks.

Radical Feminism and Family Law: Addressing Gender Bias, Reforming, and Beyond

This research undertakes a comprehensive exploration of reproductive rights and abortion within the broader context of gender politics, with a keen emphasis on the influence of radical feminism. Reproductive rights, extending beyond mere health and medical concerns, intersect with societal, ethical, religious, and political dimensions. Through this lens, the study investigates global reproductive policies and the international legal stance on abortion. The ascendancy of radical feminism and its critiques against historically entrenched patriarchal structures form a core component of this discourse. The article further delves into the legal histories and controversies surrounding both reproductive and abortion rights, probing into their evolving legal frameworks, international regulations, and the multifaceted debates linked to their acceptability. Through the interplay of these elements, the research ultimately converges on the broader implications these topics have on global human rights, womens socio-economic standings, and the fluid realm of gender dynamics. The overarching goal is to shed light on these intricate relationships, contributing to a more equitable and inclusive understanding of evolving gender politics.

Intellectual Property Challenges in AI-Generated Art

This research undertakes a comprehensive exploration of reproductive rights and abortion within the broader context of gender politics, with a keen emphasis on the influence of radical feminism. Reproductive rights, extending beyond mere health and medical concerns, intersect with societal, ethical, religious, and political dimensions. Through this lens, the study investigates global reproductive policies and the international legal stance on abortion. The ascendancy of radical feminism and its critiques against historically entrenched patriarchal structures form a core component of this discourse. The article further delves into the legal histories and controversies surrounding both reproductive and abortion rights, probing into their evolving legal frameworks, international regulations, and the multifaceted debates linked to their acceptability. Through the interplay of these elements, the research ultimately converges on the broader implications these topics have on global human rights, womens socio-economic standings, and the fluid realm of gender dynamics. The overarching goal is to shed light on these intricate relationships, contributing to a more equitable and inclusive understanding of evolving gender politics.

Marital Rape: An Examination of Legal and Social Perspectives in India

This paper delves into the nuanced understanding of marital rape within the context of Indian law and society. While traditional definitions of rape focused on non-consensual intercourse involving impersonation, common law has expanded the definition to encompass non-consensual intercourse without consent, encompassing elements of force, fear, or fraud. This evolution traces back to historical perceptions of ravishment as trespass, later evolving into a capital felony, and eventually being penalized with overseas transportation before transitioning to life imprisonment. India's legal stance on marital rape diverges, considering it an offense only if the wife is under 15 years old. Even with the enactment of the Protection of Women from Domestic Violence Act in 2005, marital rape continues to be classified as a form of domestic violence. Section 498 of the Indian Penal Code broadens the concept of a husband to encompass individuals who have assumed a husband-like role through marriage-like arrangements. Mental cruelty is recognized and penalized under this statute, thereby revealing the Indian Constitution's commitment to ending gender discrimination, albeit with certain gaps in legislation. The analysis also highlights the conflict between exceptions in Section 376 of the Indian Penal Code and married women's fundamental rights and privacy. The repercussions of marital rape extend beyond the wife, affecting children as well. As such, there is a pressing need to advocate for the criminal prosecution of marital rape. By shedding light on the complex legal and social dimensions surrounding marital rape in India, this paper contributes to the discourse on women's rights and gender equality on an international platform.

İslam Hukukunda Tekel (İḥtikâr) Meselesi ve Toplum Üzerindeki Olumsuz Etkisi: Türkiye Örneği

This study investigates the Islamic concept of monopoly, termed "Iḥtikār," and its detrimental effects on economic stability and commodity prices. In the modern capitalist system, monopoly power has gained prominence and is exploited by governments and multinational corporations for various purposes. Such practices have disrupted lives and exacerbated inequalities, particularly affecting low-income individuals. This research uses Turkey as a case study to examine how dishonest monopoly tactics within chain markets have led to inflated prices and consumer harm. The research delves into the Islamic legal stance on monopoly and advocates for a nuanced understanding, considering various schools of thought. The study uses qualitative methodology to analyze primary and secondary data from Turkey's perspective. Findings reveal that monopoly practices have adversely impacted the Turkish economy, especially amid the COVID-19 pandemic, causing increased commodity prices and reduced stability. Limitations include the case-specific focus, potentially affecting generalizability. The study's significance lies in exploring the Islamic law viewpoint on monopoly's influence on financial stability and commodity prices, offering insights into contemporary regulatory strategies. Addressing monopolistic practices through effective regulation is vital to bolster economic stability and reduce disparities. This study's uniqueness lies in its Islamic examination of monopoly and its implications, contributing to the literature and suggesting avenues for contemporary regulation.

Limited Liability Company: Resolving Demission State of Directors and Board of Commissioners Issue Through Company Law

The Directors and Board of Commissioners are the two main organs that carry outthe management and supervisory functions of the company. Based on Law No. 40 of2007 concerning Limited Liability Companies ("Law No. 40/2007"), the two organsof the company have a term of office for a certain period of time as stipulated inArticle 94 paragraph (3) and Article 111 paragraph (3) of Law No. 40/2007.However, Law No. 40/2007 does not definitively determine the length of term ofoffice that can be held by the Directors and Board of Commissioners. Therefore, inpractice the term of office for the Board of Directors and Board of Commissionersvaries according to the articles of association of each company. Obstacles that mayoccur in the practice of running a company are obstacles in reappointing orreplacing Directors and Commissioners whose term of office has ended. This is dueto the absence of preventive arrangements in terms of the reappointment orreplacement of theDirectors and the Board of Commissioners whose term of officehas ended due to a deadlock in holding the General Meeting of Shareholders("GMS"). The Directors and Board of Commissioners will be in a state of demissionand will no longer be able to act for and on behalf of the Company. This study aimsto discuss and analyze the company's legal stance in dealing with the issues of theBoard of Directors and Board of Commissioners who are in a state of demission.

Colonial Booty and Its Restitution – Current Developments and New Perspectives for French Legislation in This Field

Recent developments in French and international laws concerning the return of cultural property from formerly colonized territories are particularly rich. Most States with large collections of non-European objects are now faced with claims from the countries from which these objects were transferred. France, after having long maintained a legal stance based on strict respect of the principle of inalienability of public collections, has recently changed its position statement. In 2017, in Ouagadougou, the President Emmanuel Macron said he was in favour of returning African heritage to Africa. Three years later, on 24 December 2020, the Parliament adopted a law that partially fulfilled the President’s wish, by identifying 27 objects for return to Benin and Senegal. As this article will explain, the law’s passage was fraught, and opinions continue to diverge on a case-by-case (or object-by-object) approach to return versus a generic statute. There are also questions about what drives the idea of return – from legal responsibility, to moral duty in view of French history, to contemporary politics and diplomacy.

Rivals in the Gulf: Yusuf al-Qaradawi, Abdullah Bin Bayyah, and the Qatar–UAE Contest Over the Arab Spring and the Gulf Crisis By David H. Warren

Rivals in the Gulf is a tale of two men in two cities—and much more. David H. Warren skillfully probes and answers questions about geopolitics and the nature of religious authority and political theology in a modern Islamic context by focusing on the lives and (a)political engagements of two Muslim religious scholars (ulema), namely the late Egyptian Azhari Yusuf al-Qaradawi (d. 2022) and Mauritanian neo-traditionalist ʿAbdallāh b. Bayyah in Doha, Qatar and Abu Dhabi, the United Arab Emirates, respectively. This short yet dense book is easy to follow with clear titles that tell the reader exactly what to expect to find in each chapter. The book is divided into two parts: the first explores al-Qaradawi’s life and scholarship (ch. 1), rise to fame in Qatar and his influence on the country’s foreign policy and global brand, especially through his appearances on the Qatari satellite channel al-Jazeera (chs. 1 and 2), and his legal (and personal) stances on the Arab Spring and revolutions in general (chs. 2 and 3); the second part explores Bin Bayyah’s life and relationship to the rulers of the UAE (chs. 4 and 5) and his response to the uprisings (ch. 5). The Arab Spring appears to be the climatic point in the stories of the two scholars and their respective political commitments. It is as the uprisings and their consequences become clear that the two scholars’ divergent views on rebellion, and obedience to those in authority, and the relationship between the scholars and the state unfold.

WITHDRAWAL FROM THE ISTANBUL CONVENTION IN THE CONTEXT OF THE EUROPEAN INTEGRATION ASPIRATIONS OF THE REPUBLIC OF TÜRKIYE

The Council of Europe Convention on preventing and combating violence against women and domestic violence opened for signature in 2011 in Istanbul, Türkiye, and has been known as the most comprehensive international agreement advocating the prevention, prosecution, and elimination of violence against women and domestic violence. As of September 2022, 44 CoE member states, including all the EU countries, as well as the European Union itself as an international organization, are signatories to the Convention. The 2017 official signing of the Convention by the EU as a whole testified to the acceptance by Brussels of the former’s role as of an authoritative international legal instrument establishing all-European norms in this area. The degree of Türkiye’s involvement in its instrumentalization naturally derives from the international agreement’s unofficial name – the Istanbul Convention. The Republic of Türkiye was the first country to sign the Convention in 2011 with a unanimous vote of the parliament, and later in 2012 expressed its consent to be bound hereby. The decision of President Erdoğan to denounce the international agreement bearing the name of Türkiye’s largest city, adopted in 2021, has caused surprise and concern amid the international political and human rights community. The European Union was no exception; the move has been interpreted as a negative signal in terms of the state’s commitment to its obligations to ensuring the rights of women and girls, as well as guaranteeing basic human rights, democracy, and the rule of law at large, given Türkiye’s status of EU membership candidate. Meanwhile, the so-called Istanbul Convention has not yet passed the ratification procedure in individual EU countries, as well as within the European Union per se. Likewise, the Convention’s international legal stance remains volatile since most participating states have granted it the status as part of national legislation with a number of reservations. This article addresses the following question: whether Türkiye’s withdrawal from the Istanbul Convention may be considered a demonstrative political message of official Ankara impeding the country’s European integration aspirations.

Freedom of Assembly in Opinions and Reports of Venice Commission and Russian Legislation

The paper is devoted to the consideration in the Russian constitutional legislation of the legal stances of the European Commission for Democracy through Law» (Venice Commission) in the field of freedom of peaceful assembly. Freedom of peaceful assembly is closely associated with political struggle, relationship between civil society and the authorities. It is fixed at the constitutional level and therefore is a sensitive topic in law enforcement practice and relevant in special scientific research, of which there are currently a small number in Russian and foreign science of constitutional law. Therefore, this article, as applied to the Russian Federation, aims to complete this gap. The implementation of the research tasks was achieved on the basis of the analysis of the Guidelines of the Venice Commission on Consolidation of Freedom of Peaceful Assembly in the legislation of European states. The author used the following research methods: comparative legal, logical, institutional, formal legal, comparative legal. The paper examines the legal principles of the Venice Commission on Freedom of Peaceful Assembly and the extent to which they are taken into account in the constitutional legislation of the Russian Federation. The conclusion is made about the narrow understanding of freedom of peaceful assembly reflected in the wording «the right to assemble peacefully without weapons». In this regard, the Federal Law on Assemblies is devoted not to freedom of peaceful assembly but to the right to assemble peacefully, which may be restricted by the State to a greater extent than freedom of peaceful assembly. This created the basis for a positivist regulation of freedom of peaceful assembly with broad powers of public authorities and the possibility of restricting the right to assemble peacefully, without weapons, while, according to the Venice Commission, the State should create adequate mechanisms and procedures to ensure that freedom of peaceful assembly is not subjected to excessive bureaucratic regulation. The Constitutional Court of the Russian Federation has largely adjusted Russian legislation on public events, bringing it closer to the legal standings developed by the Venice Commission.

Clickwrap Agreements in India: The Legal Stance?

Clickwrap Agreements in India: The Legal Stance?

China’s Approach to International Law: From Traditional Westphalianism to Aggressive Instrumentalism in the Xi Jinping Era

Abstract China has been expanding its engagement with the international legal order for decades,1 yet its general approach to international law remains mysterious or at least hard to understand. This article provides a preliminary examination of China’s contemporary international legal stance. It argues that, although China has appeared to be a follower of the traditional Westphalianism, it is at heart an instrumentalist in terms of complying with international law. In the Xi Jinping era, China’s approach to international law can be characterized as ‘aggressive instrumentalism’, though Xi Jinping’s ‘Community of Shared Future for Mankind’ concept has arguably also demonstrated a certain degree of idealism.

To the Question of Interrelation between Judicial Acts, Judicial (Law Enforcement) Practice and Sources of Civil Law

The paper is devoted to the study of interrelation between the concepts of «judicial acts,» «judicial practice» and «sources of civil law.» The general theory of law and civil law do not contain any uniform approaches to the definition of the concepts under consideration. Therefore, the author analyses the named expressions, determines their general and specific features, and makes proposals for further improvement of civil legislation in this direction. From a general theoretical point of view, sources of law constitute external manifestations, forms of consolidation of laws and by-laws, various conditions and reasons for the emergence of existing forms of law. The concept of a source of law depends on understanding of the essence and content of the law itself. As far as is known, there are doctrines concerning natural and positive, objective and subjective law, public and private law, scientific concepts of the historical school of law, psychological school of law, etc.Domestic legislation does not provide for the institution of judicial precedent inherent in Anglo-Saxon law. Thus, legal stances of both the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation take a special place in the legal and judicial system, they are aimed at creating a unified judicial practice throughout the country, strengthening protection of rights and legitimate interests of individuals and legal entities. Judicial practice occupies an intermediate position between legal custom and law; it is formed at the discretion of a judge (judges) considering a particular case by passing a legal and fair judicial decision in writing in order to implement the current legal norm. Judicial discretion does not exclude a creative approach to the case under consideration, logical and systematic application of the law rules and unified judicial practice.

SETTING THE BOUNDARIES OF INDIVIDUAL REPRODUCTIVE AUTONOMY

Artificial womb or ectogenesis may sound like science fiction at present. Nevertheless, research on this technology is moving rapidly and it is anticipated to be ready for human testing in years to come. Although not yet a reality, early discussion on the legal and ethical ramifications of this technology should be encouraged as to ensure that the law is moving side by side with the scientific developments. Therefore, this article undertakes the challenge of identifying and presenting the potential implications of ectogenesis to women, embryos, and society, with special reference to the legal and social backgrounds in Malaysia. The analysis began by applying the theory of individual reproductive autonomy that is commonly relied upon in arguments for the use of assisted reproductive technologies. It is argued that reliance on the notion of individual reproductive autonomy permits the use of ectogenesis provided that no harm is caused to others. Following that, the possible harms or concerns surrounding ectogenesis were carefully presented. This article concluded that more detailed deliberations on the use of ectogenesis are required before an affirmative legal stance can be reached on its permissibility. This article is significant as it paves the way for more research in this area particularly from the Malaysian perspective.