The rapid growth of AI service businesses presents significant legal and financial challenges, particularly concerning liability protection, regulatory compliance, and risk mitigation. A robust legal framework is essential as AI enterprises navigate issues like algorithmic bias, misinformation, privacy violations, and regulatory inconsistencies. This paper examines how business structures—Godo-Kaisha in Japan and Limited Liability Companies (LLCs) and Series LLCs in the U.S.—shape liability exposure and corporate governance in AI enterprises. A key contribution of this study is its focus (...) on legal structures as a foundation for AI’s social implementation. Granting legal status to AI service businesses enables the assignment of rights and obligations, ensuring effective risk allocation, governance, and regulatory compliance. This highlights the interaction between business law and AI governance in fostering responsible innovation. Through comparative legal analysis, this paper explores how liability structures influence AI governance, corporate accountability, and ethical compliance. It examines the EU AI Act’s dual-axis risk classification and emerging governance models such as the OECD AI Principles and the G7 Hiroshima AI Process, with Series LLCs proposed as a novel approach to fluctuating AI risks. This paper addresses three key research questions: (1) Impact of AI risks on liability exposure for business participants. (2) Comparative analysis of liability protection in Japan and the U.S. (3) Role of Series LLCs and other legal structures in enhancing AI business. By integrating AI governance with corporate law, this study provides a theoretical foundation for aligning liability protection with AI risk landscapes, offering insights for lawmakers, policymakers, and AI business participants navigating global AI regulations. (shrink)

Women's activism has been present in Pakistan since the country's founding, but the country has also witnessed a variety of activism, including women's marches. The current study looks at Western feminism, its goals from the outset, and its achievements to date. This research examines feminist activism in Pakistan, women movements, and the hostility organizers and supporters encountered from the public due to the event's bizarre posters and chants by using a discourse analysis technique. Additionally, it examines the connection between women's (...) marches activism and western feminism from the standpoint of societal change on the social, cultural, and religious fronts. This quantitative study of the slogans' SFL was carried out with the aid of UAM Corpus Software. Scholar examines the slogans using Halliday’s (The essential Halliday Bloomsbury, Publishing, New York, 2009) ideational meta-functions. Through random sampling, information from websites and social media platforms has been gathered. SFL transitivity analysis aids in maintaining the relative objectivity and impartiality of research projects. A thorough examination of every procedure has been carried out in the study. The Material Process has been most frequently utilized in the action-oriented slogans, according to the results. The research concludes that, rather than concentrating on unimportant issues, it is necessary to raise a rational and constructive voice for women's rights with the backing of the general public in order to abolish societal problems. It has also suggested that a framework be created so that one may distinguish between women's rights in the context of western feminism and the restrictions on women's liberation in the context of Islam. (shrink)

Violence against healthcare workers poses a serious global threat to both individual safety and institutional integrity. Yet, many legal systems still rely on general criminal statutes that fail to address the specific vulnerabilities of healthcare settings. This study employs a comparative legal analysis, integrating normative philosophical frameworks—specifically consequentialism and retributivism—to evaluate how seven jurisdictions (Canada, India, Oklahoma–USA, England, Thailand, Bangladesh, and China) respond to healthcare violence. Findings show that jurisdictions with healthcare-specific legislation, such as Canada, China, and England, (...) more effectively align legal sanctions with deterrence, institutional resilience, and moral accountability. In contrast, countries relying solely on general criminal law, such as Thailand and Bangladesh, provide limited normative clarity and protection. Intermediate models, such as India and Oklahoma, offer context-specific responses but lack comprehensive continuity. Synthesizing these insights, the study proposes a unified legal framework grounded in legal specificity, proportionality, and a balanced normative rationale. The model contributes to ethical discourse, informs legal reform, and supports Sustainable Development Goals (SDGs) 3, 8, and 16. By bridging comparative law and moral philosophy, this study provides actionable strategies to safeguard healthcare workers and strengthen justice within health systems. (shrink)

Legal structures may form barriers to, or enablers of, adoption of precision agriculture management with small autonomous agricultural robots. This article develops a conceptual regulatory framework for small autonomous agricultural robots, from a practical, self-contained engineering guide perspective, sufficient to get working research and commercial agricultural roboticists quickly and easily up and running within the law. The article examines the liability framework, or rather lack of it, for agricultural robotics in EU, and their transpositions to UK law, (...) as a case study illustrating general international legal concepts and issues. It examines how the law may provide mitigating effects on the liability regime, and how contracts can be developed between agents within it to enable smooth operation. It covers other legal aspects of operation such as the use of shared communications resources and privacy in the reuse of robot-collected data. Where there are some grey areas in current law, it argues that new proposals could be developed to reform these to promote further innovation and investment in agricultural robots. (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international community. (...) The currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

This book discusses the possibilities for the use of ​international human rights law ​ to provide a guiding framework for the future regulation of genetic modifications applied to human embryos and other precursor materials, when these are made with the aim of implanting a genetically altered embryo in a woman. The significance and timeliness of the work derives from the recent availability of CRISPR/​Cas9 and other gene editing tools, and from lacunae in international law regarding the legality of embryo (...) modification with these tools and appropriate governance structures for the oversight of resulting practices. The emergence of ​improved genome editing tools like CRISPR/Cas9, holds the promise of eradicating genetic diseases in the near future. But its possible future applications with Pre-Implantation Genetic Diagnosis raises a plethora of legal and ethical concerns about "remaking" future human beings. The work aims to address an urgent call, to embed these rising concerns about biomedical advancements into the fundamental tailoring of legal systems. Suitable regulatory approaches, coupled with careful reflection of global biomedical laws and individual constitutional systems must be explored. The Book analyzes the impact of reproductive biomedical technologies on the legal and ethical dimensions of regulatory frameworks in selected constitutional systems like the US, the UK, Australia, Malaysia and Thailand. Employing a comparative law methodology, the work reveals a dynamic intersection between legal cultures, socio-philosophical reasoning and the development of a human rights-based framework in bio-political studies. Navigating towards a truly internationalized biomedical approach to emerging technologies, it presents an understanding why a renegotiation and reinvigoration of a contemporary and "new" universal shared values system in the ​international human rights discourse is now necessary. (shrink)

Open discourses and the free formation of opinions through unfettered information flows and communicated diversity of opinion are unthinkable without independent media and essential prerequisites for a functioning democracy. Notwithstanding the importance of the linkage between media and democracy, there is no harmonized framework addressing this issue. By adopting a legal perspective, this study shall outline existing and emerging regulations, with a particular focus on broadcast, print, and online media Two regulatory tiers are distinguished: At the international level, (...) the establishment of aWorld Information Order as well as the human rights perspective intrinsic to the subject matter will be addressed. At the national level, legal approaches to particular tensions accompanying state regulation of the media will be examined. (shrink)

The management of an animal care and use program implies compliance with the legal requirements and observation of the societal and professional ethical concerns, both in constant evolution. This chapter answers in a practical and orderly way many questions relating to ethical and legal matters that should be considered first when setting up the program, second when attending research activities and operating the program, and third when dealing with aspects arising after animal use. Whereas the ethical aspects in (...) this area of work are common in all continents, the practical aspects of legal compliance vary according to different supranational, national, and local legislation. This chapter focuses mainly on the legal framework of the European Union, but also offers multiple examples concerning the United Kingdom and the United States. (shrink)

This article explores the contribution of the international legal framework to strategies for exercising leverage over and engaging with non-state armed groups. In addressing the framework’s relevance in meeting these challenges, it examines the tensions between hierarchy and reciprocity in international law; key normative developments in international human rights and international humanitarian laws, the issue of existing gaps in the protective framework envisaged by these two bodies of law, and the impact of their growing intersections; recent (...) trends in the international arena that point toward the expansion, as well as restriction, of the normative space and their implications; and, in light of the opportunities/challenges identified, the international legal framework’s prospects for articulating credible engagement strategies with non-state armed groups. (shrink)

In der Öffentlichkeit häufig als Auswanderungsland wahrgenommen, unternahm China in den letzten Jahren verstärkt Bemühungen, qualifizierte Fachkräfte aus dem Ausland für den chinesischen Arbeitsmarkt zu gewinnen. Die Einführung eines Fachkräfteeinwanderungssystem mit abgestuften Rechten für Arbeitsmigrant:innen sollte diese Entwicklung fördern. Die vorliegende Analyse zeigt, dass diese Reform des Einwanderungssystems die Gerichtspraxis nicht verändert hat. Abseits der politischen Diskurse um die Anwerbung von internationalen Talenten und der Propagierung Chinas als Wissenssupermacht, bleibt China aufgrund der existierenden Probleme im bestehenden Rechtssystems für Arbeitsmigrant:innen unattraktiv.

This chapter provides a trite summary of the salient international, regional and domestic human rights provisions pertinent to sustainable housing. The next chapter discusses policy and strategy frameworks for sustainable housing development in the BRICS nations. Policy considerations give way to law; hence both chapters should be read together. This chapter focuses on the international, regional and domestic legal frameworks for housing, citing various human rights treaties with specific reference to housing and related matters within the extended BRICS family. (...) Several countries expressed an interest in joining the BRICS, including the USA, however, the BRICS founding nations, namely Brazil, Russia, India, China and South Africa chose to extend invitations to particular nations known as the BRICS Plus Nations (BPNs) with which they found alignment. As of the 2023 Johannesburg Summit, the BRICS extended invitations to State Parties that expressed an interest in joining the regional entity, namely Iran, Egypt, Ethiopia, the UAE and Saudi Arabia (BPNs). Accordingly, the chapter also addresses the BPNs international, regional and domestic housing legislation. At the outset, it must be stated that some world nations do not ratify human rights treatiesHuman rights treaties because they do not necessarily agree with the ethos and spirit of particular contents. With the BPNs, Ethiopia and Egypt are situated on the African continent while Iran, Saudi Arabia and the UAE are on the Asian continent. As such, the African and Asian regional human rights treaties, where applicable to the BPNs, are also addressed. (shrink)

The halal industry has become an important sector in the global economy and its growth has created the need for a legal framework to regulate its practices. This chapter explains the legal framework for the halal industry in Indonesia and draws lessons for other countries, notably Brunei Darussalam. Indonesia has the largest Muslim population of any country in the world and has developed a comprehensive legal framework for the halal industry, which includes laws, regulations (...) and standards. The discussion analyses Indonesia’s legal framework and its effectiveness in promoting the halal industry and protecting consumers. Brunei is a predominantly Muslim country that has recently made efforts to develop its halal industry. Its current legal framework is described and the chapter proposes ways in which it can be improved based on Indonesia’s experience. Overall, the argument suggests that developing a comprehensive legal framework is essential for the growth and success of the halal industry. The lessons learned from Indonesia’s experience can be applied to other countries, including Brunei, to ensure that the halal industry is properly regulated and meets the needs of consumers. (shrink)

This chapter aims to examine an appropriate nationwide legal framework for civil liability in automated vehicle accidents under Chinese law, with the goal of balancing safety enhancement and the promotion of automated vehicle usage. Based on the varying levels of automation in vehicles, the discussion on civil liability for car accidents is divided into two main sections: one focuses on defining and determining the scope of civil liability for a user-in-charge, while the other delves into the potential parties (...) who may be held accountable for civil liability in cases where a highly automated vehicle is involved in an accident. Additionally, the chapter explores liability insurance models that align with the legal framework of civil liability for automated vehicle accidents and effectively allocate legal risks. It offers timely insights for Chinese legislative reforms concerning civil liability in automated vehicle accidents. (shrink)

This study examines the impact of regulatory changes on seven distinct corporate governance determinants of asset quality in Indian banks. We focus on the Companies Act of 2013 and the Insolvency and Bankruptcy Code of 2016, two key pieces of legislation that have significantly impacted the Indian banking industry. Using the General Method of Moments, a dynamic panel data method, we analyze data from 45 Indian public and private sector banks from 2010 to 2019. Our results suggest that board functioning (...) contributes more to the reduction of non-performing assets after the passage of the Companies Act. However, the impact of special committee activity, ownership concentration, and intensity of board activities has worsened. As far as the Insolvency and Bankruptcy Code of 2016 is considered, it has reduced the negative impact of special committee activity and board functioning on asset quality. Our study addresses the endogeneity issue, frequently encountered in previous research on corporate governance determinants of asset quality. This study makes a valuable contribution to the literature by providing insights into the impact of regulatory changes on corporate governance determinants of asset quality in Indian banks. Our research also provides a benchmark for other emerging economies to define their legal frameworks. We suggest further study of the factors, particularly board independence and gender diversity in light of the Acts. (shrink)

Due to the fact that CBRNE situations are not a major issue when regulating data processing (both at international and internal level) only by means of the exceptions established by the general regulation on processing of personal data it is possible to achieve the setting of a legal framework on this topic in CBRNE contexts. The main purpose of the present paper is to point to the existing regulation at this level in the European context (including regulation produced (...) by the Council of Europe and the European Union legal framework) and to highlight the possible need for legal reforms so as to avoid a lack of protection in CBRNE situations. (shrink)

This book highlights some of the principles which should be considered by planners, legislative drafters, and policy-makers as they work to develop legal frameworks on access to genetic resources in their countries. Contextual information on the Convention on Biological Diversity and examples of how countries have approached the issue to date are provided.

In this paper the authors present the psychological consequences of social isolation on domestic violence during the Covid-19 pandemic as well as the legal framework in the RNM on addressing the phenomenon of domestic violence. In this age of globalization and drive for material conformity, family life is quite difficult to cope with. This “war” for material comfort during the pandemic, has strained and stressed many families as a result of the created circumstances. Public safety measures, including physical (...) distance and social isolation, which have also been implemented in the RNM have contributed in making family problems even more pronounced. Social distance and staying at home are very effective in reducing the transmission of Covid-19 virus, but these safeguards disrupt the routines of spouses and families. Domestic violence affects a large number of families, and it is estimated that in times of social isolation, all forms of violence have been inflicted against family members regardless of their gender and age. The most common forms of domestic violence during Covid-19 pandemic in our country are psychological, physical and economic violence. Some countries affected by Covid-19 have seen increases in levels of domestic violence, including violence against children, violence against partners, and violence against the elderly. This paper presents the results of research conducted which highlight the fact that during the Covid-19 pandemic, there has been an increase in levels of domestic violence in the Republic of North Macedonia in the first six months of 2020. The authors give their recommendations on the need for action by state institutions during the Covid-19 pandemic in order to adapt methods and circumstances towards the protection of victims of domestic violence. (shrink)

This paper argues that abortion access is an important subject for bioethics scholarship and reflects on the relationship between legal frameworks and access to care. The author uses the example of the United Kingdom to examine the benefits and limitations of abortion-permissive legal frameworks in terms of access. These are legal frameworks that enable the provision of abortion but subject to restrictions. An abortion-permissive regime—first in Great Britain and then in Northern Ireland—has gone some way to improving (...) access to care over time. However, aspects of the regime (that lead to its description as permissive rather than supportive of abortion) have the potential to endanger abortion access in the future and so legal reform is necessary. (shrink)

People with intellectual and other cognitive disabilities often face barriers to participating in clinical research, particularly related to the informed consent process. Recent federal policy and legal efforts have advanced strategies to address these challenges, including using supported decision-making. This article discusses this recent progress and the risks and potential opportunities to continuing it in a shifting federal landscape.

This chapter has twin goals. I begin by outlining the concept of statelessness and then explore the distinction between de jure statelessness and de facto statelessness. I also look at how international law and international human rights law address the issue of statelessness. In this chapter, I argue that stateless people are unable to access citizenship rights and their exclusion is tantamount to domination, exploitation, and marginalization. Next, I conceptualize nationality and citizenship and discuss the evolution and development of citizenship. (...) I also analyze the differences and similarities between nationality and citizenship and discuss the rights associated with citizenship. I further examine the constitutional laws of Bangladesh and the citizenship rights that exist in the constitution of Bangladesh. I argue that citizenship should be understood not just as a legal status or membership of a country. Rather, citizenship should be understood as a transaction of rights and responsibilities between a state and its members. (shrink)

The article deals with the legal acts which were adopted by the Supreme Council Reconstituting the Seimas of the Republic of Lithuania on 11 March 1990, and which are related to the restoration of the independent State of Lithuania. The author discloses the chronology of the legal acts adopted on that day and investigates why some particular act was adopted first, and only later another act was passed; he investigates the circumstances which determined the content of the (...) class='Hi'>legal acts and shows the interconnection between these acts. The sequence and content of the legal acts of restoration of independence were determined by the fact that the independent State of Lithuania could not arise from the so-called “Lithuanian SSR” which had never been a form of Lithuanian statehood. The restoration of independence could and had to be grounded only upon the continuation of the pre-war Republic of Lithuania. One had to draw a boundary line between the Supreme Soviet of the Lithuanian SSR, which was elected in democratic and free elections on 24 February 1990, and which was a genuine representation of the Nation, from the former Supreme Soviets of the Lithuanian SSR—the essence and formation procedure of which was completely different. This was done by adopting the Declaration “On the Powers of the Supreme Soviet of the Lithuanian SSR” in which it was held that in the 24 February 1990 elections the Nation vested to the deputies of the Supreme Soviet of the Lithuanian SSR the mandate and the duty to restore the State of Lithuania and express the sovereign will of the Nation through this body, which, from 11 March 1990, 6 p.m., would be referred to as the Supreme Council of Lithuania. (shrink)

New technologies provide great opportunities for cultural heritage to become more widely accessible and for cultural experience to be more meaningful. The COVID-19 pandemic has highlighted the strengths and vulnerabilities of the cultural heritage sector and the need to accelerate its digital transformation to make the most of the opportunities it provides. The Commission Recommendation on the digitisation and online accessibility of cultural material and digital preservation (2011/711/EU) concluded that there is an urgent need to protect and preserve European cultural (...) heritage, and, in particular, endangered cultural heritage is still present. However, the diversity of legal approaches to cultural heritage by the Member States discourages the creation of a common European data space for cultural heritage as the European Commission recently proclaimed. In Greece, there have been significant efforts in recent decades to digitise and digitally preserve cultural heritage goods. However, the attention was not drew upon the accessibility and reuse of the digitized cultural heritage content. According to the relevant regulatory framework the existing rules on the use of digital technologies for the reproduction, use and preservation of cultural heritage content is obviously outdated. According to the paragraphs 4 and 5 of article 46 of the Greek Code for the protection of antiquities and cultural heritage in general (Law 4858/2021), a previous permission granted by the Ministry of Culture is required for the production, reproduction and dissemination to the public of impressions, copies or depictions of monuments belonging to the Public Sector, or immovable monuments that are located within archaeological sites and historical places or are isolated, or movable monuments that are kept in museums or public collections, in any way and by any means whatsoever, including Information Communication Technologies. Such permission is granted to natural or legal persons for a fee paid to the Hellenic Organization of Cultural Resources Development (HOCRED) upon the decision of the Minister of Culture, while the decision also specifies the temporal validity of the permission, the terms on which the permission is granted and the fee that must be paid. The production, reproduction and use of the aforementioned goods for other purposes, such as artistic, educational or scientific purposes, is again allowed for a fee paid to HOCRED, however, the fee can be waived upon the decision of the Minister of Culture. This Paper will examine the existing Greek legal framework and will attempt to propose an appropriate framework that will ensure open access to the digitized cultural heritage assets, enhance the recovery and transformation of the cultural heritage sector and support cultural heritage institutions in becoming more empowered and more resilient in the future. (shrink)

Since the sharing economy is a rather new phenomenon, there is still no official definition of it in the legal framework of Croatia. The continuous development of sharing economy started a few years after the 1998 global and domestic economic crisis stroked Croatia. Namely, a total of eight platforms in the sectors of transportation, accommodation, finance, and online skills could be identified. The total market share of these platforms amounts to estimated market revenue of roughly 106 million EUR. (...) When compared to the other EU Member States, it could be noticed that Croatia falls within the group of countries with a below-average performance by a number of platforms per 1 million population, as well as in the level of revenues compared to national GDP. Figures that are more promising can be detected regarding the collaborative economy’s contribution to national employment, which positions Croatia within the EU average. Future studies should explain in greater depth how the sharing economy poses several new challenges for regulators in Croatia and countries across the EU. In particular, policymakers must comprehend the big picture and provide regulatory guidelines to manage the long-term changes in job markets, public safety, competition, and digital trust. (shrink)

This paper summarizes key shifts in judicial decisions relating to public health powers during the pandemic and the implications of those decisions for public health practice. Then, it gives a preview and call for partnership in developing a legal framework for authority that guides public health to better activities, processes, and accountability in service of the public’s health.

The Faculty of Medicine and Health Sciences of the University of Sherbrooke has observed year after year, that certain students have not started and or completed their immunizations for common infectious diseases, which in effect makes them inadmissible for their clinical internships in healthcare establishments. The program administrators have posed a series of questions on the best way to proceed with these students as, a certain number remain reluctant to vaccination. They are often confronted with ethical dilemmas, are not necessarily (...) comfortable with their rights and responsibilities and wish to be guided throughout the process. This article aims to put forth a procedure that would be put in place to support the administrators in a way for them to obtain a more favorable vaccination level for all of their students in the most reasonable amount of time possible. The interest of the procedure is to move forward in a few simple and well defined steps that are supported by a rigorous legal framework, while respecting the rights and freedoms of the students. It is also designed so that it could be replicated in other faculties of medicine. (shrink)

This article explores the options for establishing a legal framework for posthumous medical data donation (PMDD). This concept has not been discussed in legal scholarship to date at all. The paper is, therefore, a first legal study of PMDD, aiming to address the gap and shed light on the most significant legal issues that could affect this concept. The paper starts by looking at the protection of the deceased’s health records and medical data, finding that (...) this protection in law is more extensive than the general protection of the deceased’s personal data, or the protection of post-mortem privacy as a concept. The paper then investigates key issues around ownership and succession of personal data, including medical and health-related data, and how these could affect PMDD and its legal framework.The author then goes on to explore some parallels with organ donation to determine whether there are some lessons to be learned from this comparable regulatory framework. The paper concludes with the discussion around the need for a Code for posthumous medical data donation developed by the Digital Ethics Lab at the Oxford Internet Institute, and a more formal regime that would enable and facilitate this practice. Here, the author proposes key law reforms in the area of data protection and governance related to PMDD. These reforms would include amendments to the general data protection ideally, to ensure harmonisation and consistency across the EU, as well as between the general and sector-specific data protection laws and policies. These changes would contribute to legal and regulatory clarity and would help implement this important and valuable practice, which aims to facilitate research and advances in medical treatments and care. (shrink)

This chapter introduces the applicable rules of international law for baselines and entitlement to maritime zones. The chapter presents the LOSC framework for unilateral maritime zones, identifying relevant provisions of the LOSC and discussing their relationship with the law relating to maritime boundary delimitation. The study is placed in the context of an already-rich body of scholarship engaging with the legal implications of sea-level rise, identifying three phases of scholarship in the responses of scholars and expert bodies to (...) questions of sea-level rise, demonstrating how the legal stability of maritime zones was initially considered to be a goal to be sought outside the law of the sea, before scholars began to gesture at its possibility within it. (shrink)

Over the last century, and especially since the publication of the Belmont Report in 1978, respect for persons, as exemplified by respect for autonomous decision-making, has become a central tenet in the practice of medicine. The authority of cognitively competent adults to make their own healthcare decisions is enshrined in both law and practice in most advanced industrialized nations. The right to consent to or to refuse medical interventions is virtually absolute, but is contingent on the provision of materially relevant (...) information about the benefits and burdens or risks of the proposed treatment as well as the freedom from coercion by others, especially healthcare personnel. This power also extends to the kinds, amounts and details of the proposed intervention, including the option to decline to hear anything, if one so chooses, assuming that this is a rational choice. This respect transfers to other competent individuals who are authorized as surrogates to decide for those who have temporarily or permanently lost the capacity to make their own healthcare decisions. (shrink)

Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms laid (...) down in documents of various branches of international law, such as international humanitarian law, human rights law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection in times of internal armed conflict. This is to be done in order to gather information about the sufficiency of legal framework on preservation of the environment in times of noninternational armed conflicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiate changes in international criminal law and other. (shrink)

This chapter examines the international legal framework of World Intellectual Property Organization (WIPO) and World Trade Organization (WTO)-administered treaties for the protection of geographical indications (GIs). It mentions the Paris Convention, the Lisbon Agreement and the Geneva Act, in particular highlighting the relevant African member states. The chapter also focuses on the obligations imposed on states by the TRIPS Agreement for the protection of GIs. The chapter further describes the continental initiatives by the African Union to promote GIs (...) and the inclusion of GIs under regional and/or bilateral trade agreements negotiated by the United States and the European Union with African states. (shrink)

This paper explores the legal framework governing the division of joint ownership in marital property in North Macedonia, with a particular focus on gender implications. It critically analyzes the Family Law Act and the Law on Ownership and Other Real Rights to assess how these provisions function during marriage dissolution due to divorce or death. By employing a qualitative, legal-analytical approach, the research assesses legislative texts and relevant case law to explore the extent to which current laws (...) ensure equitable property division, irrespective of gender or economic contribution. In addition to legal analysis, the research utilizes case law to highlight and illustrate discrepancies between the law’s theoretical principle of equal division and its real-world application, particularly where traditional gender roles are concerned. It discusses how traditional expectations around women’s unpaid contributions, such as caregiving and household management, often result in outcomes that disadvantage women. Women, especially those who have forgone paid employment to fulfill domestic roles, face significant challenges in securing an equal share of marital property. The study emphasizes the need for legal reforms that better account for these disparities, promoting fairness in the division of joint ownership and greater protection for vulnerable parties. This research contributes to ongoing discussions on property rights and gender equality, proposing reforms that align the legal framework with international human rights standards. To provide a broader perspective, the study includes a comparative analysis of property division practices in selected jurisdictions, situating North Macedonia's approach within an international framework. This examination not only underscores the need for greater consistency in judicial interpretation but also contributes to ongoing discussions on property rights and marital equity by proposing specific areas for legal reform. The originality of this study lies in its detailed, context-specific analysis of North Macedonian property division laws, offering unique insights and practical recommendations for enhancing the fairness and effectiveness of the legal framework within the context of international human rights standards. (shrink)

For at least the past 15 years, food safety stakeholders across all levels of government have recognized the critical role that state and local agencies play in our nation's food safety system. State and local agencies are the first responders to foodborne outbreaks and have primary responsibility for keeping their residents safe from foodborne disease through effective surveillance and rapid response to outbreaks. They also conduct the vast majority of food safety inspections across the nation's restaurants, grocery stores, and other (...) food service and food retail establishments.Recent efforts among industry and government officials alike have focused on creating a more integrated, prevention-oriented food safety system. The Food Safety Modernization Act, the first major overhaul of the nation's food safety laws since the 1930s, now mandates that most sectors of the food industry put preventive controls in place, changing the emphasis of what the FDA does from response to prevention. (shrink)

The problem of harmful, unnecessary and neglected pain has been studied extensively in many health care settings over the past decade. Research has documented the incidence of untreated pain, and scholars and advocates have given the problem several names: “public health crisis,” “oligoanalgesia, and “moral failing,” among them. Articles have identified a litany of now familiar “obstacles” or “barriers” to effective pain relief. Each of these individual obstacles or barriers has been the subject of targeted remedial action in at least (...) some context.The checklist approach to improving care for patients in pain, however, is likely to have only limited effect. What really appears to be operating is a complex ecosystem that supports ambivalence, denial, and even suspicion of the circumstance of patients in pain and efforts to treat them. Pain relief in emergency medicine, a relatively new setting for the study of challenges to treating pain, provides a revealing context for viewing discrete obstacles to effective pain management in medicine as part of an integrated environment into which patients with pain enter for treatment. (shrink)

Despite increasing attention to the involvement of family members or informal caregivers in patient care, their role remains underdeveloped in medical decision-making (MDM) models implemented in clinical practice. Moreover, family involvement in MDM may conflict with patient rights, particularly the patient’s right to self-determination. This study aimed to assess whether Belgian general practitioners (GPs) endorse legally impermissible strategies for family involvement in MDM, and how this relates to their knowledge of the legal framework, attitudes toward MDM, sociodemographic and (...) professional characteristics. An online vignette survey was distributed among Dutch-speaking GPs in Belgium. The vignettes were designed using a nominal group technique, in which complex real-life cases of family involvement in MDM were discussed with GPs and medical lawyers. The survey assessed GPs’ endorsement of legally impermissible strategies for family involvement in MDM, described in four vignettes, along with their knowledge of the legal permissibility of these strategies. Regression analyses were run to examine the associations between GPs’ endorsement and their legal knowledge, attitudes toward MDM, sociodemographic and professional background variables. The final sample consisted of 290 GPs. Depending on the vignette, 26.9% to 43.8% of respondents endorsed legally impermissible strategies, and 26.2% to 35.9% demonstrated insufficient knowledge of the relevant legal framework. Greater legal knowledge emerged as the strongest protective factor against endorsing legally impermissible strategies. However, 10.3% to 20% of respondents still endorsed such strategies despite having sufficient knowledge. A considerable proportion of GPs endorsed the use of legally impermissible strategies for family involvement in MDM. Considering that some of these respondents had adequate legal knowledge, findings suggest a need to reassess the responsiveness and practical applicability of the legal framework to clinical realities. (shrink)

The possibility of obtaining stem cells from human embryos has given rise to an intensive legal and ethical debate. In this paper, attention is paid to the normative disparity and ambiguity in Europe. An argument for the need for a minimal legal harmonization is made; and a prudent and flexible way to reach this successfully is suggested. Establishing a common legal framework seems to be the only way to guarantee true competitiveness for the European scientific community.

The COVID-19 pandemic prompted a nudge for public–private cooperation in healthcare to rapidly cope with limited resource. However, Vietnam’s historical reliance on a public healthcare system, combined with a traditional emphasis on socialization in the Polanyian sense, hindered the swift integration of the private sector. This research investigates path dependency in Vietnam’s public health sector, using theories including path dependency, Karl Polanyi’s double movement with legal analysis method to analyze the interplay of historical decisions, and socialist policies in healthcare. (...) Recognizing these institutional and market governance flaws, a deeper understanding of the role of law becomes vital in crafting strategies for a more resilient and sustainable healthcare system in Vietnam. In this article, Ho Chi Minh City is chosen as a case study due to its notable mix of public–private healthcare facilities and its status as a leading area in infection cases during the third COVID-19 wave. The article suggests that there should be a change in the way public and private sectors work together, one that is more in line with market-driven solutions which requires solid legal framework for cooperation beyond merely mobilizing resources. (shrink)

This chapter explores emerging trends in the dynamic regulatory landscape of decentralized insurance, emphasizing the integration of decentralized finance and regulatory frameworks. It discusses regulatory sandbox initiatives, suptech, regtech, data privacy & security regulations, and climate risk mitigation strategies. Collaborative engagement with regulators, clear policies, regular risk assessments, audits, and legal expertise in technology and insurance law is crucial. These strategies enable decentralized insurance entities to navigate regulatory complexities adeptly, fostering innovation, compliance, and sustainable growth within the evolving global (...) regulatory framework.This Chapter's Learning Goals.This Chapter’s Learning GoalsUnderstanding the evolving regulatory and legal frameworks governing decentralized insurance.Identify key components of decentralized insurance regulations, such as regulatory sandbox initiatives, suptech, regtech, and data privacy and security regulations.Learning strategies for navigating regulatory and legal hurdles effectively, including collaborating with regulators, developing clear policies, and investing in employee training. (shrink)

The possibility of obtaining stem cells from human embryos has given rise to an intensive legal and ethical debate. In this paper, attention is paid to the normative disparity and ambiguity in Europe. An argument for the need for a minimal legal harmonization is made; and a prudent and flexible way to reach this successfully is suggested. Establishing a common legal framework seems to be the only way to guarantee true competitiveness for the European scientific community.

Nanotechnology-enabled cosmetic products have been accessible in the market for the last 30 years. More than 250 products have been commercialized in the global market potentially exposing two billion people. These products are present in all formulations including creams, powders, lotions, and sprays. These involve contact with all body especially skin and mucosae; other tissues like airways and gastrointestinal tract can be reached by accidental exposure. Due to the size, NCPs exhibit an increased surface area volume ratio and biodistribution that (...) potentially augments their reactivity compared with bulk materials, which raises concerns for consumer’s safety. Consumers are attracted by the novel properties and functions of nano-enabled products but expose to technologies where no legal frameworks have been implemented to prevent potential side effects. Here, we review the current gaps between the commercialization process of NCPs and the regulatory frameworks to assess these products in USA, Europe, Japan, and Latin America prior and after commercialization. We identify the requirements for a proper assessment of the potential hazard of nanomaterials in cosmetics considering the nanomaterial properties. (shrink)

Using the Rule of Law as the theoretical framework in his paper, the author proceeds to discuss ASEAN integration. His ultimate objective is to examine the applicability of Brunnée and Toope’s Interactional International Law to ASEAN integration. To provide the background to the process of ASEAN integration, the author cites selected works of scholars and experts in the fields of international law and international relations. The most important factor to be considered is the ASEAN Charter’s inclusion of the principle (...) of the Rule of Law to guide its integration efforts. This is viewed by Western democracies as a commitment by the ASEAN Member States to the Rule of Law. Interestingly, Democracy and Human Rights stand side-by-side with the Rule of Law in the Charter. Quite expectedly, scholars and practitioners of International Law and International Relations see the inclusion of these principles as an indication of ASEAN embracing the rules, norms, and values that the West hold dearly. These are the same rules, norms and values that underpin the liberal democracies of North America and Europe, and which provide the European Union its theoretical foundation. In the EU, the Rule of Law is an important guiding principle. For the same reason, the emergence of supranational institutions became a matter of course in the process of their integration. In conclusion, the author suggests that IIL should provide the proper theoretical legal framework for ASEAN integration to move forward after taking into account the current heterogeneity in the political, economic, social and cultural profiles of the ASEAN Member States. Keywords- Legal Philosophy, international law, ASEAN regional integration, interactional international law, international relations, Philippines. (shrink)

The Republic of Macedonia has been a part of the Bologna process since 2003. The Ministry of Education, law and policy makers and higher education institutions have actively engaged with its main concepts. In parallel with this, since the adoption of the law on higher education in 2008 and the reform of the Accreditation and Evaluation Board, there have been numerous changes and amendments culminating in the fast-tracked adoption of a new law at the beginning of 2015. Some of its (...) solutions created a huge debate among the academic community, other intellectuals and students themselves, resulting in the postponement of that law and a kind of legal vacuum. In such turbulent circumstances, individual higher education institutions had to consider how and to what extent to adopt and develop relevant standards and guidelines, comply with the legal framework and promote good practice. The aim of this paper is to present how these three aspects, Bologna standards and guidelines for Quality Assurance, a national legal framework and an institutional approach are being reflected, merged and implemented at a relatively young higher education institution. It questions the impact of these three elements on each other and how one institution’s drive for improvement is affected. This is done through a qualitative analysis of the three-fold perspectives. The conclusions and recommendations are expected to be of use to policy makers in the country and region as they evaluate how international trends and good practice fit into the socio-economic and political conditions of RM and similar countries. At the same time, it can demonstrate how far institutional quality assurance and progress can be implemented and recognized in the country itself and by some international stakeholders. It can also prove that the South East European University is a national leader in this field as RM has no functioning QA evaluation system, while SEEU has managed to create a well structured and operating one, based on international and institutional experiences. (shrink)

Ensuring effective institutional frameworks for child protection in India remains a pressing challenge, particularly in the context of aligning national legislation with international commitments under the United Nations Convention on the Rights of the Child (CRC). This study critically examines the Protection of Children from Sexual Offences (POCSO) Act, 2012, focusing on the compliance obligations of educational institutions, healthcare providers, and corporate entities within the broader framework of sustainability, equity, and ethics. The research explores the challenges institutions face in (...) implementing victim-sensitive policies, maintaining accountability, and bridging policy-practice gaps. The need for this study is underscored by persistent shortcomings in enforcement mechanisms, stakeholder coordination, and capacity-building efforts, which hinder the realization of a child-centric institutional framework. The novelty of this research lies in its comprehensive legal assessment of institutional accountability through the lens of sustainability and ethical governance. Adopting a doctrinal methodology, the study critically analyzes legislative provisions, judicial precedents, and policy frameworks to propose actionable recommendations. The findings contribute to the discourse on sustainable institutional governance, emphasizing the importance of legal accountability, inter-sectoral collaboration, and policy coherence in advancing child protection in India within an interconnected global context. (shrink)

Broad consent is permitted by the South African National Department of Health Ethics Guidelines but appears to be prohibited by section 13(1) of the Protection of Personal Information Act 4 of 2013. Additionally, the Act mandates that all personal data (including biobank sample data) be collected for lawful, explicit, and clearly defined purposes. There is possibility for ambiguity in interpretation because of this discrepancy between the two instruments. Given the association between the transfer of samples and data, the long-term nature (...) of biobanking, which makes it impractical to provide too much or enough information because it is simply not available at the time of sample collection, and the various ways that the Protection of Personal Information Act 4 of 2013 have been interpreted, we aim to demonstrate that South Africa’s current regulatory framework should appropriately permit broad consent use for biobank research where the transfer of samples and their associated data are contemplated. In summary, the proposed amendments include removing regulatory ambiguity regarding broad consent use, ensuring adequate safeguards for research participants by specifying rules for data access and personal information processing, and incorporating consent form information requirements into the national Consent Template. (shrink)

Objective. Approved medicines are not always sufficient to address the needs of patients so several legal pathways exist to enable access to unapproved medicines for treatment purposes. This article is the first to provide an in-depth analysis of this regulatory framework that governs access to unapproved medicines in Australia with a specific focus on affordability-motivated access. Methods. Legislation, regulations, and guidelines were critically analysed to identify the de jure basis for importation and supply of unapproved medicines in Australia. (...) Results. Most pathways for accessing unapproved medicines do not permit importation or supply for non-clinical justifications such as affordability. This is problematic as it fails to recognize that a medicine being unavailable is equivalent to a medicine being unaffordable for a patient. Better alignment can be achieved by permitting importation and supply of unapproved medicines if justified by good medical practice, which includes considerations of equity and access. It is also shown that the provisions of the Special Access Scheme Category A could be interpreted broadly to expand its use. Conclusions. As medicines become more expensive and cost-barriers to treatment are more prevalent, ignoring affordability as a valid criterion for importing medicines is a significant oversight of current regulation. (shrink)

In 2017, the global Blockchain technology market was predictedto reach 339.5 million U.S. dollars in size and is forecasted to grow to 2.3billion U.S. dollars by 2021. The smart contract has an increasing role ingoverning the legal relationship between the interested parties. This researchexplores the current position of smart contracts in Malaysia and the viabilityof the Malaysian framework in handling the latest development. This researchadopts the qualitative and doctrinal legal approaches in analysing the currentlegal practice, the relevant (...) statutes and the viability of the Malaysian legalframework. These approaches are necessary to be carried out in ensuring theworkability of smart contracts in Blockchain. Additionally, the practices ofsmart contracts from international experiences are collected as case studies inthis research. As a part of the findings, the researchers found that smart contractsare more or less similar to traditional contracts. Therefore, the requirements asstipulated under the Contract Act 1950 that are applicable in Malaysia mustbe followed accordingly. In this study, based on the nature of Blockchain technology, the researchers evaluate the current position of Malaysian laws indealing with smart contracts. Additionally, the researchers also looked at theacceptable legal practice of smart contracts in Malaysia. (shrink)