Legal Status Research Articles

LA PERSONERÍA JURÍDICA: ¿UN TRÁMITE DONDE SE VISLUMBRAN CATEGORÍAS AHISTÓRICAS? UN ANÁLISIS DESDE LA ANTROPOLOGÍA SOCIAL

In Argentina, there are still certain views on indigenous peoples that have their origins in essentialist arguments built since the formation of the nation state in the 19th century. These are supported by the media, common sense and public policies that directly affect these groups. This paper invites us to question such notions. To do so, we will review the main historical facts and policies that have affected the indigenous populations in Argentina. In order to think about the analytical categories that are still in force about the indigenous populations of the country, at present and in relation to a specific case, the application for legal status in Argentina will be analyzed. This is a procedure to obtain state recognition as an indigenous community, which is usually necessary in order to be able to make different requests. For this purpose, the experience of collaborative work with the Mapuche Kalfulafken community of Carhué, province of Buenos Aires, Argentina, which applied for its legal status in 2019 and which took more than three years to be approved, will be taken up again. The approach of this research was carried out from the perspective of social anthropology and ethnography.

Revisiting the Slave Ship Enterprise in Post-Emancipation Bermuda

ABSTRACT This is the first study of the full range of documentary evidence concerning the unintended arrival of the Enterprise in Bermuda in 1835, the earliest incident of an American slave ship entering a British colonial port after the Emancipation Act. The choice for freedom made by 72 enslaved people touched off a tense discussion in Bermuda about the legal status of its human cargo. This challenged the capacity of elite white Bermudians to reconcile their reluctance to accept them into Bermuda with the imagined benevolence they had conjured during Bermuda's own recent emancipation. Bermuda's officials negotiated the degree to which calculated inaction would balance imperial abolitionism with local racial anxieties and American entanglements. Scholars have noted the incident mainly for its geopolitical significance in the post-emancipation Atlantic, but Bermudian and Colonial Office sources emphasize the role of local Black Bermudian communication networks and their knowledge of the law. The archive also reveals that the Enterprise incident encompassed some of the most prominent slave traders and abolitionist families in the United States. Rather than an aberration, in characteristics such as the striking young age of its human cargo, the Enterprise was typical of this phase of the American internal slave trade.

The procedural legal status of migrants transported by smugglers in European jurisprudence

In this paper, we present the approach of criminology and criminal procedure law to migrant smuggling, a phenomenon that is also significant at the European level. The characteristics of migrant smuggling as defined by the UN Protocol are presented, followed by the responses at the European level and the most recent statistics. The procedural status of smuggled persons, their status as victims, witnesses or perpetrators (suspected or accused), and the approach taken by the different branches of law are also discussed. After that, we summarize the results of our research conducted in the spring of 2024 with the cooperation of EUROJUST and Legicoop members. The following research questions were formulated, concerning the procedural status of migrants transported by smugglers in their countries  In criminal cases of migrant smuggling, what is the procedural position of the person transported by the migrant smuggler? (victim, witness, instigator, abettor) Are there any individual criminal proceedings or other (i.e. administrative, misdemeanour) procedures against the person transported by the migrant smuggler?In most European countries, migrants are considered victims of migrant smuggling and in the criminal proceedings that have been initiated, they take the position of victims: at most they are questioned as witnesses. Due to illegal border crossing, no separate criminal proceedings are usually initiated against them, most of the time these cases are resolved within the framework of public administrative proceedings.

“Our Needs Our Solutions”: Workshop with Migrant Adolescents on Their Emotional and Relational Needs

Migrant adolescents face unique emotional and relational challenges that can hinder their well-being and development. While prior research has identified many of these challenges, there is limited work exploring migrant adolescents’ perspectives on their needs. This study aims to bridge that gap by adopting a participatory approach to investigate the emotional and relational needs of migrant adolescents in Spain and the solutions they propose to address them. Using Bronfenbrenner’s Ecological Systems Theory as the theoretical framework, we conducted qualitative participatory research with migrant adolescents. They identified their emotional and relational needs, which were categorised into six thematic areas distributed across the ecological levels. The themes include supporting their families, receiving recognition and emotional support from relatives, improving school and societal experiences, learning the host language, gaining empathy from the local population, and regularising their legal status. The key actors identified to help meet their needs include parents, teachers, peers, society, and policymakers. The participants proposed self-directed solutions to these challenges, such as fostering peer relationships and advocating for policy reforms. The findings suggest that migrant adolescents have valuable insights into their emotional and relational needs, emphasising the importance of involving them in shaping interventions that support their inclusion and mental health.

The Same Storm, but Different Boats: Unpicking the ‘Housing Crisis’

This state-of-the-art paper begins to unpack the concept of a housing crisis. Whilst it may be a useful starting point in recognising the presence of problems within UK housing provision and allocation, its generic and umbrella coverage papers over the diversity of experiences. Similarly, as a concept it neither suggests the causes of the crisis nor possible solutions. With this in mind, this paper explores commodification within housing and uses this to recognise that our relationship to housing and our relationship to the crisis, can be shaped by our relationship to capital. However, the paper takes this further by arguing that the presence of vulnerability should also be borne in mind when considering commodification, where vulnerability includes experiences of discrimination, mental health, and legal status.

Framing Coherence Across EU Policies Towards Integrated Wildfire Risk Management and Nature-Based Solutions

Wildfire risk has been exacerbated across Europe by climate change favoring more damaging and severe wildfire events. This evolving wildfire risk context interacts with a broad landscape of EU policies including those on nature conservation, forestry, bioeconomy or climate and energy, all of which may increase or reduce fire hazard and the level of exposure and vulnerability of the values at risk. Coherently addressed, policies may support wildfire disaster risk management synergistically while reducing potential dysfunctions. This research conducts a content analysis of EU policies and initiatives under the European Green Deal with respect to integrated wildfire risk management and related nature-based solutions. The results show that a consistent EU policy framework to address wildfire risk reduction in a synergic way exists, with no major conflicts in the policy design. Nevertheless, better guidance on fire-smart land management practices and the conceptualization of wildfire-related nature-based solutions may enhance a more coherent policy implementation. Additional suggestions around the legal status of wildfire protection and ‘whole of government’ governance frameworks are discussed. Notably, within the laws, policies and initiatives analyzed, the beneficial side of fire addressed by integrated fire management is either missing or not explicitly mentioned, although it is considered in policy-related supporting guidelines.

Legal status and refugees' perceptions of institutional justice: The role of communication quality

AbstractWhat factors influence refugees' perceptions of justice in bureaucratic institutions? As global migration movements draw increasing attention, migrants' experiences as constituents in destination countries merit further research. Drawing evidence from the 2018 survey of refugees participating in the German Socio‐Economic Panel, this article examines the role of legal status in shaping perceptions of justice at government offices. Our findings highlight a stark contrast: refugees with unstable legal statuses often perceive bureaucratic proceedings as less just compared to those with firmer legal standings. However, refugees' perceptions of a more positive encounter their encounters with street‐level bureaucrats can act as a buffer against the negative effects of legal status on perceptions of justice at government offices. These insights underscore a pressing policy implication: asylum procedures, currently marked by ambiguity and delays, could benefit significantly from enhanced communication quality on the part of street‐level bureaucrats.

Electronic Certificates in Indonesia: Enhancing Legal Certainty or Introducing New Challenges?

The Indonesian government is moving towards digital transformation in land administration by introducing electronic certificates (e-certificates) through the Regulation of the Minister of ATR/BPN Number 1 of 2021. This initiative aims to improve the security and legal certainty of land ownership, building upon existing programs like the Complete Systematic Land Registration Program (PTSL). This study used a normative legal research method to investigate the opportunities and challenges associated with implementing e-certificates in Indonesia. Primary legal sources, such as the Electronic Information and Transactions Law (UU ITE) and relevant ministerial regulations, were analyzed. Secondary data from legal journals, academic publications, and theses were also examined. The study revealed that e-certificates offer several advantages, such as increased efficiency in land administration, potential integration with blockchain technology, and improved land mapping and survey processes. However, challenges remain, including cybersecurity risks, limited technological infrastructure, and the digital literacy gap. Furthermore, the legal status of e-certificates as evidence in court, while recognized by the Ministry of ATR/BPN and UU ITE, requires further clarification within the Indonesian legal framework. This study concludes that e-certificates hold the potential to modernize land administration and enhance legal certainty in Indonesia, but successful implementation requires addressing critical challenges and ensuring comprehensive legal and regulatory clarity.

Dogs on Film: Status, Representation, and the Canine Characters Test

The representation of animals in cinema and television reflects and reinforces dominant ideologies and traditional stereotypes. While popular culture often legitimizes prevailing social norms and existing power relations, it can also reflect shifting cultural attitudes about traditional axes of inequality such as race, gender, class, sexual orientation, disability, and species. Representations of canine characters incidentally embedded in family life provide a unique lens through which to consider the evolving cultural and legal status of dogs and their place in multispecies families. This article introduces a Canine Characters Test, similar to the Bechdel Test used to measure the representation of women in movies, to critically evaluate the representation of dogs in film and television. Applying the test and its four criteria—Role in Narrative, Agency, Language, and Animality—to two examples, this article argues that portrayals that pass the test support a positive shift in social norms regarding dog–human relationships, which in turn bolsters efforts to elevate dogs’ status under the law. Benevolent speciesism, authenticity, and problematic tropes such as vanishing, ornamental, and miraculous canines are also discussed.

Attitudes, perceptions, and intentions toward sports betting legalization: a cluster analysis of California residents

ABSTRACT In the United States, the potential legalization of sports betting in non legal states presents a complex landscape of opportunities and challenges. This study examines California voters’ attitudes toward sports betting, the perceived impacts of its legalization, and the factors influencing their voting intentions. Utilizing the Theory of Reasoned Action (TRA), the research explores how attitudes and subjective norms shape voter behavior. A K-Means clustering analysis identified three distinct voter segments: supporters, neutrals, and opponents. The analysis revealed significant differences in voting intentions, attitudes, and perceived impacts across these clusters. These findings highlight the importance of robust policy and tailored marketing strategies that address the specific concerns and motivations of each voter segment. By providing insights into voter preferences and behaviors, this research offers valuable guidance for policymakers, operators, and stakeholders involved in the sports betting industry, supporting informed decision-making and responsible policy and messaging strategy.

Overview of plant species translocations in Luxembourg

In Luxembourg, 34 % of native plants and archaeophytes are considered threatened or regionally extinct. Species translocations have been implemented in Luxembourg for more than 25 years as a conservation strategy to counteract biodiversity loss. In this overview, we have compiled data on conservation actions implemented between 1997 and 2023. The information collected includes the translocation locations, the plant taxa targeted, the methods used, and the monitoring conducted. For a subset of translocations, we have also included data on the survival of planted juveniles. Examples of translocations from various habitat types were also presented to illustrate different approaches. We found that 585 translocations involving 99 taxa from 26 families were initiated by four main institutions in Luxembourg. The conservation actions mainly targeted Endangered and Critically Endangered, but also Least Concern species. Translocations mainly took place in open land habitats, particularly in grasslands and arable land, with a higher density in the southwestern part of the country. 39 % of the translocations took place in national nature reserves whereas 21 % were in areas without any legal protection status. Planting young plants was the preferred method rather than sowing seeds. In 89 % of the translocations, monitoring was conducted by recording survival of the plants, while natural recruitment of new individuals was rarely recorded. 68 % of the translocations were judged successful by the practitioners, mostly based on transplant survival. Detailed data for the subset of 31 grassland species showed that the survival rate of about half of the species considered successful varied between 25 and 71 %. Translocations are essential for the long-term conservation of plant species, but protection and adaptive management of translocation sites are also essential. Translocations conform to national and European priorities for increasing habitat restorations to counteract species decline. To improve conservation outcomes, actions such as translocations need to be consistently documented, monitoring standardized, and experience needs to be shared among stakeholders.

Classification of creditors in bankruptcy case

The article is devoted to the study of the classification of creditors in the case of bankruptcy. Creditors are one of the main participants in the bankruptcy case, because the satisfaction of their monetary claims against the debtor is one of the goals of the bankruptcy process. At the same time, the legal status of creditors in a bankruptcy case is not homogeneous, but depends on many factors – the moment of filing claims against the debtor, the time of obligations, the security of their monetary claims, etc. In this regard, it is urgent to carry out the classification of creditors in the case of bankruptcy. The purpose of the article is to classify creditors in a bankruptcy case in order to determine the peculiarities of the legal position of each group of creditors. Creditors provided for by the Code of Ukraine on Bankruptcy Procedures are divided into: secured and unsecured creditors based on the availability of collateral; at the moment of the requirements – competitive and current. The peculiarities of the legal position of the initiating creditor in the case of bankruptcy of a legal entity are disclosed. It is emphasized that the initiating creditor bears an additional burden regarding the payment of the court fee (which, by the way, the debtor does not pay when applying to the court with a similar statement) and regarding the advance payment of the arbitration manager’s fee. At the same time, even after paying these funds, the initiating creditor does not always receive a result in the form of the opening of proceedings in the case. Since the debtor’s disagreement with the creditor’s demands may indicate a dispute about the right, and this is a reason for refusing to open proceedings. According to the results of the research, the author emphasized that the opening of bankruptcy proceedings significantly affects the debtor, his property, and his creditors. It is proposed to single out such a group of creditors as overdue creditors who have had their claims extended. These creditors belong to forced late creditors, however, unlike other late creditors, they enjoy the rights of those creditors who declared their claims on time.

Court Verdict: Procedure and Problems of the Decision

The features, procedure and problems of sentencing are considered. The court's verdict acts as the final decision in the proceedings on a criminal case. The special significance of this document is determined by the legal status of the judge, which is also considered in this article. The legality of the verdict is considered, since it must be legislatively established as a requirement for each verdict and contains the very essence of the court's verdict. Much attention is paid to the problem of issuing acquittals.

Disaggregating citizenship: Tibetan refugees navigating identity, belonging, and exclusionary state policies in India

AbstractThis essay explores the struggles of second‐generation Tibetan refugees under an exclusionary Indian citizenship regime. Confronted with a national orthodoxy that entwines legal status, entitlements, and national identity, Tibetans respond by “disaggregating” citizenship. First, stateless Tibetans, born in India to refugee parents, won legal appeals by demonstrating that Tibetan nationality was no bar to Indian citizenship. In response, Indian authorities demanded that Tibetans give up refugee entitlements and remove themselves from their national space and political community in exile as the price of Indian citizenship. This article explores the diverse responses of Tibetans to the citizenship‐on‐offer: some aspiring for it, some accepting it, and others actively rejecting it. These responses illustrate strategies refugees employ to navigate citizenship regimes that often render them liminal. Refugees act both to mitigate the precarity of statelessness and to preserve their identity, community, and political aspirations against erasure. In doing so, they not only disrupt the national orthodoxy of states that negates refugee experiences but also reveal the incompleteness and contradictions of citizenship regimes.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered. The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized. The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed. The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession. The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed. The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

Investigating Media Accessibility for the Deaf and Hard of Hearing in Iraq

Media accessibility, (MA) for short, is still largely uncharted research territory in the Translation Studies scene in Iraq. To examine the status quo of media accessibility for the (DHH) community, this study has three aims to address: first, to subject the Iraqi constitution to a thematic analysis to highlight the legal status of media accessibility; second, to examine the real actions taken by the government and non-governmental organizations to ensure that the d/Deaf and hard of hearing (DHH) can access this service; third, to probe the DHH community’s reception and their level of expectations towards the available (MA) service. The findings suggest that the Constitution of the Republic of Iraq contains Articles that refer directly to rights of people with special needs to access the public service, but no reference to the right of media accessibility (MA) is identified. The study also shows that sign language interpreting (SLI), though scarcely employed in very few TV channels, has been the only audiovisual modality available for DHH viewers to access TV news whereas subtitling for the d/Deaf and hard of hearing (SDH) modality has never been implemented.

Digital Technologies in the National Cadastre System of Uzbekistan: Issues of Legal Regulation

Objective: to critically analyze the state of national legislation of Uzbekistan in terms of legal regulation of digitalization and the use of artificial intelligence in the cadastral sphere.Methods: the research is based on such methods of scientific cognition as formal-legal and comparative-legal analysis, induction and deduction.Results: the provisions that regulate digitalization and the use of artificial intelligence in the cadastral sphere were analyzed, legal gaps were identified. It was determined that the practical application of artificial intelligence technologies outpaces its legal regulation. The shortcomings of legal regulation in this sphere were noted (lacking legal definition of the legal status of artificial intelligence in the national legislation; regulation of business entities’ participation in the management of artificial intelligence, etc.). The said shortcomings hinder its full application and harmonization with traditional sources of cadastral information. The author substantiated the need for universal digitization of the national cadastre and predicts the possibility of wider application of artificial intelligence in the natural-resource cadastral system. It is argued that the existing system in its current state may lead to wrong decisions and cadastral errors, hence, it is necessary to improve the legal regulation of cadastre.Scientific novelty: for the first time the results of the national cadastre digitization were assessed. Forecasts were given about the possibility of using artificial intelligence in this area, subject to further improvement of legal regulation. The latter is fundamentally important for reforming the cadastral system, since the technological basis of this system does not fully meet the needs of the digital economy.Practical significance: it is due to the lack of legal regulation of the artificial intelligence concept and legal status in the national legislation, as well as a unified approach to the cadastral system digitalization. Modern technologies are actively used in practice, but lack a sufficient legal basis. The main conclusions, proposals and recommendations of the study can be a basis for further improvement of the legal framework of Uzbekistan in terms of the application of artificial intelligence technologies.

Violation of the Airspace of Countries by Unmanned Aerial Vehicles (Drones) from the Perspective of International Law

Objective: to illustrate the challenges to international law and the shortcomings of current regulation caused by the rapid development of drone technology, by the example of using unmanned aerial vehicles (drones) in airspace.Methods: the study is based primarily on a set of methods for interpreting the provisions of international law, which allow analyzing the provisions in the field of using unmanned aerial vehicles (drones). Results: based on international air law and humanitarian law, the article examines the issues of unmanned aerial vehicles (drones) using airspace. The main sources of law in this area are analyzed, including the provisions of international air law, especially the Paris, Madrid, Havana and Chicago Conventions. An attempt is made to answer the questions arising from the development of unmanned technologies as to which rules of international law apply to their use and whether existing international law is capable of responding effectively to them. The article shows the current understanding of the legal status of airspace over the territory of a state. The author puts forward the question whether the sphere of unmanned aerial vehicles, automatic and autonomous weapons, which combines scientific and military achievements with new technologies, is exceptional. In this regard, the problem of using unmanned aerial vehicles as a universal weapon in international conflicts is touched upon. A conclusion is made that the use of intelligent, guided and robotic weapons capable of automatic decision-making, such as drones, requires the revision of existing conventions or the establishment of new legal standards for these weapons. It is proposed to consider such drones as military aircraft of a special type.Scientific novelty: international legal responsibility of states for the military use of drones has not received an unambiguous assessment in the doctrine. However, much in this issue depends on the legal interpretation of the most important international legal categories. Further development of this issue is directly related to the issues of international responsibility and the concept of state sovereignty over airspace.Practical significance: the development of unmanned aviation at the present stage demonstrates the imperfection of the existing legal framework, which is designed to regulate these relations. With regard to the study of the global trend in the current international law, the identification of the shortcomings in the provisions of the latter is important primarily for their further modernization, taking into account modern scientific achievements and the development of the concept of a state sovereignty over its airspace.

Establishing Usufruct Rights under Statutory Basis in Vietnamese Law

The usufruct rights is a legal right that was imposed on the property of another person, and can only arise based on legal events prescribed by law, called the basis for establishing usufruct rights. The basis for establishing usufruct rights according to the laws of different countries is not entirely the same. In Vietnam, usufruct rights are established based on three legal bases: the basis prescribed by law, the basis of the agreement of the parties, or the basis of a will. This article studies the basis for establishing the right of usufruct according to the statutory basis, in current Vietnamese law (specifically the 2015 Civil Code). By using the methods of written law analysis, historical method, comparative legal method, and survey of the practical application of Vietnamese law, the article provides the content of positive law in Vietnam on the basis for establishing usufruct rights according to the law, aiming to introduce readers to the current legal status, point out the advantages and disadvantages of these regulations, select practical experiences of foreign law, and contribute to building solutions to improve the regulations on the basis for establishing usufruct rights according to the law in Vietnam today.

LGBTQ+ Families, Welfare, and Same-sex Marriage Legalisation in Taiwan: A Social Policy Perspective

This article examines whether and to what extent legalised same-sex marriage can assist lesbian, gay, bisexual, trans, and queer (LGBTQ+) people to develop family life and protect them from defamilisation and familisation risks. It focuses on the provision of and gaps in welfare for LGBTQ+ people since Taiwan’s same-sex marriage legalisation in 2019. A content analysis of online community discussions since marriage equality shows that local LGBTQ+ community discussions were filled with concerns about the lack of familial status for cross-border couples, lack of legal parental status and rights for same-sex parents, and questions about heteronormative values and kinship ties. This article reveals how heteronormative assumptions embedded in the policy system and in the wider society adversely influence LGBTQ+ people’s welfare, and identifies supplementary and alternative measures. It highlights the importance of providing universal basic services free from heteronormative biases and prioritising the well-being and rights of all citizens.