Law and world
type: channel
publisher: European University Institute of Law
language: en
publication name: Law and world
issn: 2346-7916
items: The Legal Dilemma of Chemical Castration in Algeria: Balancing Criminal Legality and Human Dignity Amidst Legislative Silence
items: Precarious Legal Status and the Protection of Migrant Workers’ Rights: An International Compliance Analysis of Algerian Law
items: Guarantees for the Protection of Constitutional Justice in Algeria: From the Constitutional Council to the Constitutional Court in a Comparative Perspective
items: The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight
items: Epistemic-Justificatory Proof Theory and the Legitimacy of Judicial Decisions
items: Artificial Intelligence in Judicial Decision-Making: Can a Robot Replace a Judge?
items: Legal Protection Mechanisms for Electronic Consumers from Misleading Advertising
items: Criminalization of Electronic Begging in Algerian Legislation
items: Climate Justice on Trial: Role of Nigerian Courts in Connecting the Dots between Climate Change and Violence against Women
items: Maritime Piracy: A Maritime Crime with an International Dimension
items: Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law)
items: Legal Implications of Renewable Energy Technologies: A Comparative Legal Analysis
items: Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector
items: Anti-Corruption Legislation in Vietnam: Barriers in Practical Application
items: The Capabilities and Challenges of Artificial Intelligence in the Justice System
items: Human Safety as a New Principle of International Cooperation
items: Cybersecurity in the Digital Era: Between Digital Transformation and Protection Challenges
items: Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage
items: The Arab Copyright Convention of 1981 - The Necessity of Amendment to Accommodate Digital Rights
items: The Impact of Intelligent Systems on the Future of Criminal Justice: Between the Right to Privacy and the Imperative of Modernization
items: Alternative Dispute Resolution as a Viable Template for the Settlement of Family Disputes in Nigeria
items: Securing Electronic Data and Safeguarding Personal Privacy in the Digital Environment (Pursuant to the Provisions of Algerian Law No. 18-07 on the Protection of Personal Data)
items: The Global Implications of South Africa’s Transformative Constitutionalism on Private Law Systems
items: Economic Liberty in Digital Market and Digital Competition Legislation: Indian Context
items: Interpretation of Marriage Law Determination: An Analysis Study of the Adult Age of Marriage in Indonesia
items: Response to Incitement: Call for Algeria Sanctions (International Legal Analysis)
items: The Russian Military Intervention in Ukraine: An Analysis through the Lens of International Law
items: The Efficacy of “Anti-Gender-Based Violence Laws” in Addressing the Scourge of Gender-Based Violence in South Africa
items: The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?
items: The Right to the Secret of Correspondence and Its Legal Protection

The Legal Dilemma of Chemical Castration in Algeria: Balancing Criminal Legality and Human Dignity Amidst Legislative Silence
type: item
description: This study aims to analyze chemical castration as a newly introduced mechanism within criminal policy to address sexual offenses against minors, in light of the balance between the need to deter sexual crimes and the imperative to protect human dignity, It departs from the growing gravity of sexual crimes against children and the resulting societal demand for harsher punishment, by examining the legitimacy of incorporating chemical castration into the Algerian penal system. This modern measure, which functions by suppressing sexual hormones to reduce aggressive impulses, has sparked deep doctrinal debate—between those who regard it as a preventive measure that enhances public safety, and those who view it as a violation of bodily integrity and human rights protected under international conventions. The study also discusses the Algerian constitutional framework, which enshrines the principles of legality and protection of the human body, concluding that the adoption of chemical castration requires explicit legislative regulation defining its nature and safeguards. Ultimately, the research finds that chemical castration represents a hybrid measure, combining elements of deterrence and treatment, and recommends that the Algerian legislator conduct a careful assessment before its adoption to ensure compliance with the Constitution and international human rights obligations. Keywords: Chemical castration; sexual crimes; human dignity; principle of legality; human rights. Introduction The issues pertaining to the sexual assault and exploitation of minors are universally recognized as some of the most heinous, grievous, and alarming crimes within the fabric of modern societies. This recognition stems from the devastating, multifaceted, and long-term psychological, physiological, and sociological repercussions that such crimes inflict upon the victims, effectively shattering their fundamental well-being. The profound gravity of these offenses has exerted significant pressur…
subject: Articles
  topic: section
subject: Chemical castration; sexual crimes; human dignity; principle of legality; human rights.
  topic: keywords
creator: Lassoued Moussa
creator: Mouada Mohamed Amine
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-sa/4.0/
date: 2026-03-31
publication date: 2026-03-31
starting page: 87
ending page: 100
doi: 10.36475/12.1.6

Precarious Legal Status and the Protection of Migrant Workers’ Rights: An International Compliance Analysis of Algerian Law
type: item
description: Labour migration is considered one of the most significant forms of human mobility today, as individuals seek to improve their living conditions by pursuing employment opportunities beyond their countries of origin. The impact of migrant workers extends beyond their personal and familial economic stability, contributing to two broader developmental goals: fostering socio-economic progress and reducing poverty in their home countries through remittances, and supporting labour market demands and economic activity in host states. Despite these vital contributions, migrant workers remain among the groups most exposed to vulnerability, owing to precarious working conditions, restrictive migration policies, and the limited effectiveness of existing legal protection mechanisms. Against this background, this research examines the principal challenges that hinder the strengthening of legal protection for migrant workers. It further assesses the extent to which current national and international frameworks align with the relevant international instruments, while exploring possible approaches to enhancing these protective measures to ensure the full respect of migrant workers’ rights and fundamental freedoms. Keywords: Migrant workers, protection, rights, national legislation, international instruments. Introduction The individual’s right to freedom of movement, including the right to leave one’s country for any other State, is enshrined in numerous international instruments. These guarantees were first recognized in Article 13(2)[1] of the 1948 Universal Declaration of Human Rights,[2] followed by Article 12[3] of the 1966 International Covenant on Civil and Political Rights,[4] as well as in various instruments issued by the International Labour Organization (ILO), which aim to safeguard the rights and interests of workers, including migrant workers who cross national borders in search of employment opportunities that ensure a dignified life for themselves and their families…
subject: Articles
  topic: section
subject: Migrant workers, protection, rights, national legislation, international instruments.
  topic: keywords
creator: Bentaallah Zahira
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-sa/4.0/
date: 2026-03-31
publication date: 2026-03-31
starting page: 74
ending page: 86
doi: 10.36475/12.1.5

Guarantees for the Protection of Constitutional Justice in Algeria: From the Constitutional Council to the Constitutional Court in a Comparative Perspective
type: item
description: Constitutional justice in many countries faces multiple challenges that affect the effectiveness of constitutional oversight institutions and the extent to which the rule of law and democracy are enshrined. In this context, Algeria, influenced by the Arab Spring revolutions and following the example of some comparable constitutional systems, has sought to develop its system of constitutional justice through successive constitutional reforms, The most recent of these was the 2020 Constitution, which approved the transformation of the Constitutional Council into a Constitutional Court, to strengthen guarantees for the protection of the Constitution and expand the scope of constitutional oversight. Despite the importance of this transformation, it was not without problems that still raise questions about its effectiveness in achieving independent and effective constitutional justice, especially in light of the continuing dominance of the executive branch and the contradictions between the constitutional and regulatory provisions governing the Constitutional Court’s work. Based on this, this study aims to analyse the most prominent challenges facing constitutional justice in Algeria under the new constitution, using comparative constitutional systems that have been directly or indirectly affected by the Arab Spring, to highlight similarities and differences, and assess the adequacy of the guarantees adopted. The study also seeks to present a set of practical recommendations aimed at capitalising on this constitutional gain by avoiding the criticisms previously levelled at the Constitutional Council and closing the legal loopholes that may hinder the achievement of constitutional justice in line with the requirements of the rule of law. Keywords: Constitutional review, Constitutional Council, Constitutional Court, referral, executive branch. Introduction Under the hierarchy of legal rules, the constitution is considered the pinnacle of the state’s legal structure, as all…
subject: Articles
  topic: section
subject: Constitutional review, Constitutional Council, Constitutional Court, referral, executive branch.
  topic: keywords
creator: Somia Kamel
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-sa/4.0/
date: 2026-03-31
publication date: 2026-03-31
starting page: 53
ending page: 73
doi: 10.36475/12.1.4

The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight
type: item
description: The European legislature established interim measures as a crucial protective mechanism to avert the impending harm. These measures are applied by various institutions, including European courts and the European executive authority, highlighting their critical role in addressing diverse conflicts, particularly the violation of competition regulations. Antitrust activities constitute a delicate domain where dangers threaten both the common market (public interest) and competitors (private interests). Consequently, offering this tool will prevent further deterioration of injuries. Nonetheless, despite their reputation, interim measures are challenging to obtain, rendering it nearly impossible to benefit from their advantages, prompting scrutiny of the legal frameworks upon which their efficacy relies. This article seeks to elucidate the applications of interim measures in accordance with pertinent European legislation and clarify the context that has resulted in their infrequency in competition disputes, emphasising their legal nature as a vital element in their effectiveness in preventing or deterring violations of competition rules. Keywords: Urgency, prima facie, antitrust, European Commission, European courts. Introduction The concept of interim measures was initially introduced into the European legal framework in 1980 by the European Court of Justice (ECJ) through the judgment of Camera Care. In this context, interim measures were characterised as “indispensable for the effective exercise of the European Commission’s functions and, in particular, for ensuring the effectiveness of any decisions requiring undertakings to cease identified infringements”.[1] The field of competition law appears to be the first to address the application of interim measures, as the primary issue involved the invocation of Article 3 of Regulation No. 17 of 1962. This regulation was the first to enforce Articles 85 and 86 (now Articles 101 and 102) of the TFEU concerning antitrust prac…
subject: Articles
  topic: section
subject: Urgency, prima facie, antitrust, European Commission, European courts.
  topic: keywords
creator: Imane Mamouche
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-sa/4.0/
date: 2026-03-31
publication date: 2026-03-31
starting page: 40
ending page: 52
doi: 10.36475/12.1.3

Epistemic-Justificatory Proof Theory and the Legitimacy of Judicial Decisions
type: item
description: A judge’s decision plays a central role in the rule of law by establishing legal truth and legitimizing the state’s coercive power. This role has become increasingly complex in contemporary adjudication, where courts confront scientific, statistical, and algorithmic evidence amid normative uncertainty and heightened human rights demands. This article examines legal interpretation and proof in judicial decisions as a process of epistemic justification rather than procedural compliance. Using a qualitative normative approach supported by conceptual–philosophical and limited comparative analysis, the study explores how judges construct claims of legal truth through evidentiary reasoning. A review of the literature shows that existing studies on proof remain fragmented—doctrinal, probabilistic, or technological—and lack an integrated epistemological framework capable of explaining the inferential transition from evidence to legal fact. This fragmentation risks reducing judicial legitimacy to formal compliance or subjective judicial belief. The article’s primary contribution is the proposal of Epistemic-Justificatory Proof Theory, which defines proof as an epistemic practice that necessitates inferential transparency, rational coherence, and intersubjective testability. By integrating legal theory with the philosophy of science, this framework offers an evaluative model for assessing the legitimacy of judicial decisions and provides a normative response to the challenges of proof in contemporary justice systems. Keywords: Judicial decisions, legal proof, epistemic justification, judicial reasoning, rule of law. Introduction A judge’s decision is a central instrument in a state of law because it serves to establish legal truth while also legitimizing the state’s use of coercive power. The relevance of this study is increasingly strengthened in the context of modern justice, which is faced with the increasing complexity of evidence, ranging from scientific and statistical …
subject: Articles
  topic: section
subject: Judicial decisions, legal proof, epistemic justification, judicial reasoning, rule of law.
  topic: keywords
creator: Erwin Susilo
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-sa/4.0/
date: 2026-03-31
publication date: 2026-03-31
starting page: 25
ending page: 39
doi: 10.36475/12.1.2

Artificial Intelligence in Judicial Decision-Making: Can a Robot Replace a Judge?
type: item
description: This article examines the concept of the “robot judge” and evaluates the legal, ethical, and human rights implications of using artificial intelligence in judicial decision-making. The study explores whether AI can partially or fully perform judicial functions and assesses the extent to which algorithmic tools may be integrated into courts without undermining the fundamental principles of justice. The article is based on doctrinal legal analysis, comparative review, and a human-rights-oriented approach. It distinguishes between administrative automation, decision-support systems, and fully automated adjudication, arguing that these forms of technological involvement raise different levels of legal concern. The paper demonstrates that AI may offer important benefits for judicial systems, including greater efficiency, faster case processing, improved consistency, and enhanced access to justice, especially in repetitive or low-value disputes. At the same time, the article identifies serious risks associated with algorithmic bias, lack of transparency, limited explainability, accountability gaps, and threats to the right to a fair trial. Attention is given to the relationship between AI and judicial discretion, emphasizing that legal reasoning is not a purely mechanical exercise but a process involving interpretation, contextual evaluation, proportionality, and moral judgment. The article concludes that AI should not replace human judges in the exercise of final judicial authority. A legally acceptable model is the use of AI as a supportive instrument under meaningful human supervision, clear regulatory safeguards, transparency requirements, and effective mechanisms of review. Such an approach best reconciles technological innovation with the rule of law and the protection of human dignity. Keywords: Algorithmic bias, judicial discretion, fair trial. Introduction The rapid advancement of digital technologies and the expanding use of artificial intelligence (AI) across p…
subject: Articles
  topic: section
creator: Tatia Dolidze
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-sa/4.0/
date: 2026-03-31
publication date: 2026-03-31
starting page: 6
ending page: 24
doi: 10.36475/12.1.1

Legal Protection Mechanisms for Electronic Consumers from Misleading Advertising
type: item
description: This study addresses the legal protection of electronic consumers from misleading advertisements. Fair electronic advertising is a fundamental requirement of e-commerce and a means for advertisers to promote their products. However, violations of advertising integrity rules occur in attempts to mislead consumers. Considering that the electronic consumer is a weak party in electronic commercial transactions, the Algerian legislator has established legal protection through several laws enshrining the principles of transparency and establishing penalties for violations by electronic suppliers. Legal systems vary between countries in the level of protection provided, with developed countries advancing comprehensive legislation and effective mechanisms compared to developing countries still striving to keep pace with technological developments. Addressing these challenges requires developing national legislation, enhancing international cooperation, investing in advanced monitoring technology, and intensifying consumer awareness programs on digital rights. This contributes to building a safe and reliable e-commerce environment that effectively protects consumer rights from misleading and fraudulent business practices. Keywords: Consumer protection law, misleading electronic advertising, e-commerce regulation, unfair commercial practices, digital advertising. Introduction Electronic commerce has transformed commercial transactions globally, enabling consumers to purchase goods and services across borders with unprecedented ease. However, this development has exposed consumers to new risks, particularly misleading electronic advertising. The rise of influencer marketing has blurred the line between genuine opinion and paid endorsement, creating new vectors for consumer deception that traditional legal frameworks struggle to address.[1] The Algerian legislator has drawn on comparative models, including the European Union’s Digital Services Act[2] and Directive 2005/29/EC,[3…
subject: Articles
  topic: section
creator: Saliha Benaouda
creator: Rabia Saber
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 151
ending page: 164
doi: 10.36475/11.4.8

Criminalization of Electronic Begging in Algerian Legislation
type: item
description: This study addresses a very important topic represented in electronic begging as a dangerous and emerging global phenomenon based on deception and fraud, which has developed instantaneously using internet technologies and various modern methods, as a result of the misuse of technology, where the electronic beggar takes the digital space as a tool to achieve illegal goals, and to appeal to users through social media platforms, and due to the seriousness witnessed by this crime, it has become necessary to search for mechanisms to deter the electronic beggar from different age groups, including children, women, and the elderly, who is begging to reduce this criminal phenomenon of a social nature, the Algerian legislator has criminalized any criminal behavior that would exploit others to obtain material benefits similar to comparative legislation, and to impose deprivation of liberty penalties under the provisions of the Algerian Penal Code with its amendments. Keywords: Electronic begging, virtual platforms, technology, elements of crime, punishment. Introduction Due to the digital transformation and the subsequent huge changes in the social lifestyle, the individual has been looking for ways to earn money regardless of its legitimacy, as cybercriminal phenomena known as ‘electronic begging’ have spread, using modern fraudulent methods in a virtual space that witnesses a remarkable presence of electronic beggars. In fact, this new method of begging became a global phenomenon in 2009 as an independent sector on the internet, where it is easy for anyone to own a certain domain for advertising and electronic begging[1] and to be treated as a virtual job that is completely contrary to social values and threatens the stability of security and public order within societies, especially the youth of their nationality by impersonating users of various social media platforms with anonymous identities, according to recent statistics. What is the purpose behind attracting this gro…
subject: Articles
  topic: section
creator: Bourtal Amina
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 137
ending page: 150
doi: 10.36475/11.4.7

Climate Justice on Trial: Role of Nigerian Courts in Connecting the Dots between Climate Change and Violence against Women
type: item
description: While growing scholarship has increasingly explored the gendered impact of climate change, the legal responses remain under-examined, particularly in Nigeria. Globally, climate change is a topical issue. The cause could be natural or man-made. While natural causes demand adaptation strategies, anthropogenic (man-made) ones require mitigation and accountability. Regardless of origin, it affects men and women but disproportionately burdens women and girls due to its intersection with gender inequality, human rights, and social justice. Consequently, it deepens existing inequalities and results in climate injustice. This worsens women’s gender-driven bad situation, making it a form of violence against women (VAW). Nigeria has signed agreements on climate change and human rights, which are expected to be reflected in domestic laws. The question is whether these recognize the peculiarities of women and consider climate injustice as VAW. This work examines the possibility of considering gender climate injustice as VAW and the role of courts in redressing it. It employs doctrinal research methodology from analytical, expository, and normative approaches, relying on primary and secondary sources of data. It found that the extant climate change laws are insufficient and neither gendered nor related to violence, leaving the courts to purposively connect the dots. To achieve substantive justice, it recommends that the courts must embrace the doctrine of ‘implicitly guaranteed rights’, enunciated by the African Commission on Human and Peoples’ Rights in the case of SERAC and Another v Nigeria. Nigerian courts have a critical role in ensuring climate justice by interpreting laws to bridge the gap between environmental harm and its gendered consequences. Keywords: Climate change, climate injustice, human rights, courts, violence against women. Introduction Since the formation of the United Nations (UN) in 1945,[1] there have been global commitments to ensure the enjoyment of huma…
subject: Articles
  topic: section
creator: Uju Peace Okeke
creator: Sophia Chukwufumnaya Chima
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 116
ending page: 136
doi: 10.36475/11.4.6

Maritime Piracy: A Maritime Crime with an International Dimension
type: item
description: Maritime piracy is recognized as an international crime, constituting a phenomenon that has posed a continual threat to the security and stability of the international community, undermining both freedom of navigation and the safety of international trade. Piracy increased markedly in the late twentieth century, becoming prominent in many regions around the globe. Because this crime does not target any one State in particular but endangers the security and integrity of the international community as a whole, pirates have been regarded as enemies of humanity, and their criminal acts are treated as directed against the international community. The gravity of this offence has compelled the international community to adopt the necessary measures and procedures to prevent, combat, and mitigate it, given its impact on global security and safety. In particular, the repercussions of piracy in the Gulf of Aden and off the coast of Somalia generated a broad international consensus on the need to put an end to this problem and to pool collective efforts in addressing it. A variety of methods and strategies have since been employed by States and international organizations to confront maritime piracy. The United Nations Security Council (UNSC), in numerous resolutions, has voiced profound concern over the rise in pirate attacks against vessels off Somalia’s shores, which have come to represent a genuine threat to ships’ safety and to navigation in that region. This concern has led to the provision of assistance to States that face challenges in dealing with this crime. Keywords: Sea pirate, seas, international efforts, crime, maritime piracy. Introduction The worldwide threat of piracy has existed since ancient times, and it disrupts personal safety and international commerce, which leads to political and security problems for nations. The crime received international recognition during the late twentieth century as media and communication technologies advanced rapidly. Maritim…
subject: Articles
  topic: section
creator: Arab Kamila
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 93
ending page: 115
doi: 10.36475/11.4.5

Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law)
type: item
description: Creating a legal framework to regulate contractual relations between patients and healthcare providers, or improving the existing one, is the main task of any legal system. In this process, it is necessary to take into account the specifics of legal relations, analyze the challenges in practice, and based on them, determine the rights and obligations of the parties on a fair basis. This article analyzes the legal and factual situation of the parties to a medical service contract, the challenges they face, and ways to overcome them. Special attention is paid to the issue of providing medical services to minors and patients who cannot make informed decisions, and the scope of participation of their parents, legal representatives, and relatives in this process. In addition, the article discusses the main obligations of the medical service provider. Of course, the specific rights and obligations of the parties are determined in each case based on their needs and an individual contract. However, in this case, the legal and ethical obligations common to any medical service contract are analyzed, namely the obligation of the medical service provider to inform the patient, take care of him, protect confidentiality, and maintain medical records. The article is mainly prepared according to Georgian and German law, although for comparison, common law doctrine and the experience of other countries (including post-Soviet ones) are often used. Keywords: Medical law, parties to a medical service contract, patient representation, basic obligations of a doctor. Introduction The regulation of relations between the patient and the medical service provider has great importance both for the parties themselves and for the state.[1] The World Health Organization (WHO) emphasizes in its constitution that health care includes not only the existence of an effective health system, but also the ability to access it,[2] which is only possible under the conditions of a relevant legal order. In p…
subject: Articles
  topic: section
creator: Giorgi Kantaria
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 60
ending page: 92
doi: 10.36475/11.4.4

Legal Implications of Renewable Energy Technologies: A Comparative Legal Analysis
type: item
description: The paper will discuss legal aspects of renewable energy technologies by comparing India, the United States, and Germany. It integrates both case law analysis and a framework of Policy evaluation to identify three determinative factors in the outcome of renewable energy: regulatory certainty, institutional capacity, and market integration. The results indicate that investors are confident in predictable and enforceable regulations, as seen in Germany, through stable feed-in tariffs, in contrast to the uncertainty of the U.S. tax incentives and the poor enforcement of Renewable Purchase Obligations in India. Institutional strength is highly connected to project acceleration, and delays in the U.S and Indian cases as compared to a relatively consistent regulatory framework in Germany. Reduction of cost comes with competition mechanisms like auctions, but their efficiency depends on an open and enforceable legal framework. The paper concludes that cost-effective, socially legitimate, and investor-friendly renewable energy transitions cannot be attained without the presence of adaptive and coherent legal frameworks that are based on the principles of enforceability, institutional robustness, and policy coherence. Keywords: Renewable energy law, comparative legal analysis, institutional capacity, investor confidence, policy innovation. Introduction Renewable energy technologies are also leading the struggle to reach sustainable energy systems in the world. They provide very high benefits to the environment and economy as greenhouse gas (GHG) emissions abatement and offset expenditure in the long term.[1] Nevertheless, transition is not only technically feasible, but it is institutionalized in the complex law, institutional, and policy frameworks, and differs across jurisdictions. The global shift to sustainable energy systems would not be possible without renewable energy technologies. They have significant environmental, economic, and social advantages, thus requiring t…
subject: Articles
  topic: section
creator: Jamshid Kazimi
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 40
ending page: 59
doi: 10.36475/11.4.3

Mediation Equity Model: Legal Framework for Strengthening Mediation Institutions as an Alternative Dispute Resolution in Indonesia’s Tourism Sector
type: item
description: The relationship between employers and workers in the context of industrial relations in Indonesia’s tourism sector is often vulnerable to disputes. This sector, as one of the pillars of the national economy, faces complex interests between workers who seek to protect their rights and employers who focus on maximizing profits. With the increasing development of the tourism sector post-pandemic, issues such as layoffs and dissatisfaction with working conditions are becoming more prominent. These disputes have become urgent issues, especially considering the tourism sector’s characteristics that are susceptible to economic fluctuations. The dispute resolution process through bipartite negotiations, as regulated in Law Number 2 of 2004, often encounters deadlocks, necessitating the need for tripartite mechanisms such as mediation as a non-litigation dispute resolution option. The characteristics of industrial relations mediation, although designed to seek solutions impartially, face various obstacles in their implementation, including a lack of skilled human resources and financial support. Through an in-depth study of the applicable regulations, existing mediation practices, and the challenges faced, this research proposes concrete steps to improve the effectiveness of mediation in resolving industrial relations disputes in the tourism sector. The results of this study are expected to contribute to the creation of a harmonious and sustainable industrial climate in Indonesia’s tourism sector. Keywords: Mediation equity model, dispute resolution, workers, employers, tourism sector. Introduction The relationship between employers and workers within the framework of industrial relations is one of the relationships prone to disputes.[1] The tourism sector in Indonesia, as one of the economic pillars, is an economic sector with characteristics that make it susceptible to industrial relations disputes between workers and employers. This is due to the complexity of the relati…
subject: Articles
  topic: section
creator: Kadek Agus Sudiarawan, S.H., M.H
creator: Nyoman Satyayudha Dananjaya, S.H., M.Kn
creator: Putu Ade Harriestha Martana, S.H., M.H
creator: I Kadek Rey Aditya Putra
creator: I Gusti Ayu Adisya Putri Maheswari
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 21
ending page: 39
doi: 10.36475/11.4.2

Anti-Corruption Legislation in Vietnam: Barriers in Practical Application
type: item
description: Corruption has persisted as one of the most complex and enduring challenges in human society. Since the mid-twentieth century, it has evolved into a widespread global issue, exerting harmful effects not only on economic growth but also on social ethics, political stability, and cultural values. Across many nations, corrupt behavior erodes institutional integrity, weakens citizen confidence, and impedes sustainable development. This study examines the nature, scope, and consequences of corruption, highlighting recent trends in Vietnam. Although the Vietnamese government has made consistent efforts through legislative reform and institutional restructuring, the practical outcomes remain below expectations. The central limitation lies in the lack of comprehensive enforcement and the inadequate deterrent effect of existing sanctions. By combining theoretical interpretation with empirical observation, the article argues that an effective anti-corruption strategy must focus on strengthening legal enforcement and ensuring equality before the law. Strict and impartial punishment of corrupt officials, particularly those holding Party or governmental positions, is essential to restore public trust and reinforce state legitimacy. The study thereby contributes to the ongoing academic and policy dialogue on promoting the rule of law and enhancing the efficiency of anti-corruption governance in transitional political systems. Keywords: Corruption prevention, legal enforcement, policy effectiveness, rule of law, Vietnam. Introduction Corruption and efforts to prevent it have existed throughout the long course of human civilization. Across historical periods, corruption has not only reflected the moral decline of individuals but also exposed structural weaknesses in the exercise of public authority, creating systemic harm to political, economic, and cultural life. Since the latter half of the twentieth century, this phenomenon has evolved into a global crisis that undermines social…
subject: Articles
  topic: section
creator: BaoKhanh Nguyen Huynh
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-30
publication date: 2025-12-30
starting page: 7
ending page: 20
doi: 10.36475/11.4.1

The Capabilities and Challenges of Artificial Intelligence in the Justice System
type: item
description: In the context of globalization, one of the key pillars for improving the effectiveness of a country’s legal system, ensuring access to justice, and enhancing the quality of legal proceedings lies in innovative and technological advancement. The ongoing global digitization process offers a broad range of services in every field, including the judiciary, enabling improved access to justice for citizens from various social backgrounds through digital transformation. It also allows the integration of artificial intelligence tools into case review and decision-making processes, making the administration of justice faster, more flexible, and efficient. Moreover, the implementation of AI technologies helps create essential tools and mechanisms that, through an integrated approach, contribute to solving global legal challenges—such as prolonged legal proceedings, overburdened judges, limited access to justice, inefficiencies in the legal system, and more. The primary purpose of artificial intelligence is to simplify administrative processes, increase transparency and efficiency in decision-making, and assist judges, prosecutors, and lawyers in processing documents. AI enables the analysis of legal documents, anonymization of court decisions, and comparison and compliance checks of contracts. These capabilities significantly reduce human error and save time. This article discusses examples from various countries where AI is applied in both legal research and the modeling of judicial proceedings. It is essential to emphasize that the successful use of this technology depends not only on its technical capabilities but also on the legal and ethical frameworks that protect citizens’ rights. Keywords: Justice system, AI, ethical challenges, analysis, regulation Introduction The process of digitalization in the judicial system accelerated significantly following the global pandemic that began in early 2020. The swift transition to remote (online) court hearings was made possible …
subject: Articles
  topic: section
subject: Justice system
  topic: keywords
subject: AI
  topic: keywords
subject: ethical challenges
  topic: keywords
subject: analysis
  topic: keywords
subject: Regulation
  topic: keywords
creator: Magda Beruashvili
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 142
ending page: 153
doi: 10.36475/11.3.10

Human Safety as a New Principle of International Cooperation
type: item
description: Human safety (HS) is a relatively new doctrine that emerged at the end of the 20th century. It arose from the need to address global threats and to better understand worldwide problems. Human safety is a human right; it refers to the safety of people and communities, as opposed to that of states. The concept of human security recognizes several dimensions of safety, including freedom from fear, freedom from want, and freedom from indignity. Our study concerns the concepts of individual entitlements and individual safety, which are strongly supported in the discourse of international law. The safety of individuals has long been a central concern of the global community, first through the League of Nations and later under the United Nations. The concept of universal individual entitlements has opened the way for new rules in international law. Safeguarding these basic entitlements is no longer solely the responsibility of an individual’s state; it has become a shared interest of the entire international community. From this perspective, we call for recognizing the concept of individual safety as a customary rule capable of stopping the continuous attacks on humanity. Keywords: Human safety (HS), emergence, international law, aggression, international community, cooperation. Introduction The ideological struggle imposed by the Cold War, along with the threat of nuclear weapon use, has given way to more fundamental but no less significant concerns. The scourges of disease, hunger, crime, political repression, natural disasters, and terrorism have become an integral part of individuals’ daily realities. The focus of our research centers on two concepts that warrant clear definition: human entitlements (HR) and human safety (HS), the latter progressively emerging in the global discourse on the safeguarding of fundamental individual entitlements and individual dignity. In this context, the concept of the “universalization of individual entitlements” has paved the way for t…
subject: Articles
  topic: section
creator: Eldjouzi Azzeddine
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 126
ending page: 141
doi: 10.36475/11.3.9

Cybersecurity in the Digital Era: Between Digital Transformation and Protection Challenges
type: item
description: The enhancement of cybersecurity represents a cornerstone for the successful implementation of digital transformation initiatives across various sectors. It plays a critical role in safeguarding digital systems against cyber threats and attacks that could disrupt operations and compromise continuity. As reliance on technology grows and smart systems become increasingly integrated into service delivery, the demand for a resilient and trustworthy cybersecurity infrastructure has become indispensable. Cybersecurity serves as a fundamental enabler of trust in the integrity and confidentiality of data, protecting it from manipulation, breaches, or unauthorized disclosure. This, in turn, fosters a secure and transparent digital environment for information exchange, which enhances institutional performance and reduces operational costs arising from security breaches or technical failures. The findings of this study indicate that nations and organizations possessing advanced cybersecurity capabilities—and investing proactively in emerging technologies—are more equipped to assert effective control over cyberspace. Such capacity ensures the realization of digital security and strengthens national sovereignty. Cybersecurity thus emerges as a strategic instrument for digital defense and the protection of national interests at both domestic and international levels, positioning it as a vital element in achieving comprehensive and sustainable digital transformation. Keywords: Cybersecurity, digital transformation, data protection, cyberattacks. Introduction Contemporary society is situated at the core of the knowledge and information era, an era defined by the ubiquity of the web and pervasive networked communication, where the flow of information now surpasses any previously known form of exchange in human history. The transformations that characterize this phase represent a qualitative leap that far surpasses previous stages of human development, particularly in terms of scope,…
subject: Articles
  topic: section
subject: Cybersecurity
  topic: keywords
subject: digital transformation
  topic: keywords
subject: data protection
  topic: keywords
subject: cyberattacks
  topic: keywords
creator: Bouhafs Henen
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 111
ending page: 125
doi: 10.36475/11.3.8

Legal Aspects of the Emergence of Ownership Rights to the Property Acquired Throughout Marriage
type: item
description: The purpose of the research is to conduct a deep study of the issue related to the origin of individual ownership of spouses over property acquired during the marriage upon the termination of marriage, and to clarify the legal or practical significance of marriage registration, starting a cohabitation, or ending a cohabitation during the registered marriage when dividing property. Specifically, when and under what conditions can property acquired during marriage be considered in co-ownership of spouses according to the Civil Code of Georgia and court practice?. According to the Constitution of Georgia, the right to own and inherit property shall be recognized and guaranteed, and marriage, as a union of a woman and a man for the purpose of founding a family, shall be based on the equality of rights and the free will of spouses. The ongoing number of disputes in courts, related to the research topic, indicates its relevance. At a glance, this issue does not seem problematic, as the relevant norms of the Civil Code of Georgia provide a solution to it. However, through a reasonable interpretation of the norm, the registered marriage does not automatically establish a co-ownership regime over the property. The purpose of this article is to emphasize, through an analysis of judicial best practice, the importance of marriage registration and the role of a household. In certain cases, the existence of a household economy is a decisive factor in deeming property as co-owned. With the development of law, in relation to human rights, the classic exceptions given in a separate norm, by systematic, substantive definition, give a different rule for solving the issue, as the State acknowledges and protects universally recognized human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law. Keywords: Registered marriage, family, cohabitation, household, co-o…
subject: Articles
  topic: section
subject: Registered marriage
  topic: keywords
subject: family
  topic: keywords
subject: cohabitation
  topic: keywords
subject: household, co-ownership
  topic: keywords
subject: co-ownership
  topic: keywords
subject: individual ownership
  topic: keywords
creator: Guliko Kazhashvili
creator: Liana Kazhashvili
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 83
ending page: 110
doi: 10.36475/11.3.7

The Arab Copyright Convention of 1981 - The Necessity of Amendment to Accommodate Digital Rights
type: item
description: The growing digital challenges accompanying the rise of digital creativity, alongside the efforts of Arab countries to enhance legal frameworks for protecting authors’ rights and literary works, have exposed a misalignment between the provisions of the 1981 Arab Copyright Convention and the evolving national objectives. This discrepancy necessitates revising the Convention to align with the fundamental standards for copyright protection in the digital environment, as set out in the WIPO Copyright Treaty of 1996—the first international treaty to address copyright in the context of the internet. This paper explores the necessary revisions to the 1981 Convention to incorporate digital copyright protections. It examines the legal foundations required for recognizing such rights, including the originality and fixation of digital works, presumptions of ownership, the scope and limitations of rights, applicable legal protections, and enforcement mechanisms suited to the digital context. The study offers significant academic value by addressing a key gap in comparative legal analysis between the Arab Copyright Convention and the WIPO Copyright Treaty. It integrates relevant international instruments and judicial precedents to propose practical legislative amendments compatible with the demands of the digital age. The findings contribute to the development of intellectual property scholarship and offer a concrete basis for legal reform. Ultimately, this study aims to strengthen the rights of Arab authors and promote the harmonization of regional copyright frameworks with established international standards. Keywords: Arab Copyright Convention, WIPO Copyright Treaty, digital rights, treaty amendment, strengthening the Arab legal environment. Introduction The enactment of international and regional treaties related to copyright is an expression of the necessity to regulate and protect authors’ rights at both international and regional levels, given their paramount importance i…
subject: Articles
  topic: section
subject: Arab Copyright Convention
  topic: keywords
subject: WIPO Copyright Treaty
  topic: keywords
subject: digital rights
  topic: keywords
subject: treaty amendment
  topic: keywords
subject: strengthening the Arab legal environment
  topic: keywords
creator: Bouzidi Ahmed Tidjani
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 68
ending page: 82
doi: 10.36475/11.3.6

The Impact of Intelligent Systems on the Future of Criminal Justice: Between the Right to Privacy and the Imperative of Modernization
type: item
description: Constitutional principles have enshrined individual rights in accordance with the guarantees imposed by the rules of a fair trial. However, modern judicial systems are increasingly incorporating technologies driven by artificial intelligence (AI), which has sparked considerable debate. Some argue that the absolute implementation of such technologies poses a serious threat to fundamental constitutional rights—particularly the right to privacy and the guarantees of due process. Others view their adoption as a transformative development in the justice sector. Among the key outcomes of AI integration into the justice system is the emergence of electronic litigation technologies, notably remote or virtual trials. While these mechanisms have significantly expedited judicial proceedings—especially by resolving disputes more quickly and reducing trial delays—they have also faced criticism. Objections have been raised at both national and international levels due to the potential challenges these mechanisms may present, especially in terms of their impact on fundamental procedural guarantees, such as the principle of adversarial proceedings and the right to a defense. Accordingly, this study aims to clarify the implications of AI systems on the right to digital privacy, particularly in the pre-trial phase, including criminal investigations. It also explores their effects on constitutional rights during electronic trial proceedings. Ultimately, the study seeks to assess the extent to which these systems succeed in upholding the principle of a fair trial. Keywords: Intelligent systems, digital privacy, modernization of justice, future of justice. Introduction Constitutional principles have been emphasized at both the international and national levels, historically and in modern times, on the rights of individuals to seek redress through judicial processes safeguarded by the rules of efficient and fair justice. However, modern judicial systems are now witnessing the introductio…
subject: Articles
  topic: section
subject: Intelligent systems
  topic: keywords
subject: digital privacy
  topic: keywords
subject: modernization of justice
  topic: keywords
subject: future of justice
  topic: keywords
creator: Belbagui Boumediene
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 53
ending page: 67
doi: 10.36475/11.3.5

Alternative Dispute Resolution as a Viable Template for the Settlement of Family Disputes in Nigeria
type: item
description: In recent times, the various Alternative Dispute Resolution (ADR) mechanisms are fast becoming the best means of resolving family disputes. This is because family disputes are often confidential, and these ADR mechanisms encourage confidentiality. This paper analysed the viability of ADR as a means of resolving family disputes in Nigeria. It emphasised litigation’s limitations in resolving emotionally charged family matters and investigates how alternative dispute resolution can encourage confidentiality, party autonomy, and relationship maintenance. Using a comparative and doctrinal methodology, this study examined the acceptance and effectiveness of ADR in nations including the United Kingdom, the United States, and Finland. It also assessed Nigeria’s legislative framework governing matrimonial disputes, specifically the Matrimonial Causes Act (MCA) of 1970, as well as the feasibility of incorporating ADR into it. The study concluded that, while ADR has the potential to resolve marital maintenance, child custody, and property conflicts, statutory and cultural hurdles persist. The study concluded by recommending amendments to improve the legal recognition of ADR in family law and making practical recommendations to boost its usage in Nigeria. Keywords: Alternative dispute resolution, family disputes, Matrimonial Causes Act, Nigeria. Introduction Alternative Dispute Resolution (ADR) proffers the easiest and fastest mechanisms of resolving disputes.[1] All its mechanisms encourage parties to dictate how their dispute should be resolved and also ensure that parties can maintain a relationship even after the dispute has been settled. Family relationships are complicated, and by extension, family disputes. Unlike business-related disputes, where parties do not necessarily have to be friends to work together, family disputes are usually emotional, and there is usually a need for parties to keep relating with one another even after the dispute settlement. Therefore, famil…
subject: Articles
  topic: section
subject: Alternative dispute resolution
  topic: keywords
subject: family disputes
  topic: keywords
subject: Matrimonial Causes Act
  topic: keywords
subject: Nigeria
  topic: keywords
creator: Damilola Seun Adesanya
creator: Toluwalase Toluwalase
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 36
ending page: 52
doi: 10.36475/11.3.4

Securing Electronic Data and Safeguarding Personal Privacy in the Digital Environment (Pursuant to the Provisions of Algerian Law No. 18-07 on the Protection of Personal Data)
type: item
description: In the context of rapid digital advancement, securing data has become a central concern for both individuals and institutions. Data security refers to a broad set of technical and organizational practices aimed at preventing unauthorized access, alteration, or destruction of information. Rather than relying solely on encryption or access control tools, effective data protection involves a multilayered approach that includes user awareness, preventive policy frameworks, and continuous monitoring. Modern challenges to data security are increasingly complex due to the exponential growth of digital information and the evolving nature of cyber threats. Attackers now exploit vulnerabilities using sophisticated techniques, often bypassing traditional defenses. This highlights the urgent need for proactive strategies that combine technological safeguards with human-centered practices such as employee training and ethical data handling. Furthermore, the legal dimension of data security has gained prominence, with many jurisdictions enforcing stricter regulations to protect individuals’ rights. Legal compliance—particularly with frameworks like the General Data Protection Regulation (GDPR)—is no longer optional but essential for maintaining organizational credibility and avoiding penalties. Ultimately, securing data in today’s interconnected world requires an ongoing commitment. It is not a fixed goal but a dynamic process that evolves with technological, legal, and social developments. Ensuring data security strengthens public trust, reinforces privacy principles, and lays a solid foundation for sustainable digital transformation. Keywords: Data, privacy, personal information, security, digital age, protection of personal data. Introduction Data and information constitute one of the most critical pillars of any company, often regarded as its most valuable assets. In the event of a breach, a company is bound to incur substantial losses, with its reputation inevitably damaged.…
subject: Articles
  topic: section
subject: Data
  topic: keywords
subject: privacy
  topic: keywords
subject: personal information
  topic: keywords
subject: security
  topic: keywords
subject: digital age
  topic: keywords
subject: protection of personal data
  topic: keywords
creator: Fadhel Aicha
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 26
ending page: 35
doi: 10.36475/11.3.3

The Global Implications of South Africa’s Transformative Constitutionalism on Private Law Systems
type: item
description: This paper examines the global impact of South Africa’s model of transformative constitutionalism on private law systems. It explores how the South African Constitution’s mandate for systemic social change has reshaped the structure, function, and underlying assumptions of private law, both domestically and transnationally. Using a critical-comparative approach, the study analyses South African case law alongside developments in Germany, Colombia, and Canada. The central argument is that South Africa’s experience challenges the classical liberal view of private law as autonomous from public law values, revealing a constitutionalised private sphere in which rights, duties, and remedies are interpreted through the lens of substantive justice. The paper also cautions against naïve universalism: the transplantation of transformative constitutionalism is neither linear nor frictionless, as it interacts with diverse legal cultures, political economies, and institutional capacities. South Africa’s experience thus serves both as a template and a provocation—encouraging private law systems worldwide to rethink their normative commitments, while highlighting the complexities and contestations inherent in juridical transformation. Keywords: transformative constitutionalism, private law, South Africa, constitutionalisation, comparative law, substantive justice. Introduction The constitutional transition that South Africa underwent in 1994 is often hailed as one of the most ambitious legal and social projects of the modern era. At its core was not merely the replacement of one political regime with another, but a profound reimagination of the role of law itself as an instrument of societal transformation. Emerging from a history of systemic oppression, the South African Constitution of 1996 enshrines values such as dignity, equality, and freedom, not as abstract ideals but as actionable mandates to reconstruct the social and economic fabric of society. Central to this project is…
subject: Articles
  topic: section
subject: transformative constitutionalism
  topic: keywords
subject: private law
  topic: keywords
subject: South Africa
  topic: keywords
subject: constitutionalisation
  topic: keywords
subject: comparative law
  topic: keywords
subject: substantive justice
  topic: keywords
creator: William Manga Mokofe
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 12
ending page: 25
doi: 10.36475/11.3.2

Economic Liberty in Digital Market and Digital Competition Legislation: Indian Context
type: item
description: The rise of extraordinary digital platforms raised issues of monopolistic behaviours, market concentration, and digital ecosystem power balance, which complicated economic liberty protection in the digital age by compromising economic freedom, such as fair competition, innovation, and customer care. This paper focuses on the Digital Competition Bill from India 2024, a crucial piece of legislation that attempts to lure the digital market monopolies from threats and culminate in a model of economic liberty in a digital economy. The bill aims to regulate “gatekeeper” platforms, those huge digital companies that lead access to markets and services across the Internet, against a number of anti-competitive practices, including self-preferencing, exploitation of data, and restrictive business terms brought into the picture for the benefit of another party. Such an act of practice mostly cuts off the competition, disallows minimum market access for small entities, and hampers the overall consumer experience. The Digital Competition Bill, therefore, seeks to create a level regulatory field for large and small representatives in the marketplace so that innovation and abuse of access to digital opportunities are promoted. The paper will also examine in detail how this particular law on digital competition, the Digital Competition Bill, mentioned above, helps create a conducive digital market environment to realize economic liberty for companies, small and big. This study argues that a Digital Competition Bill can change the country’s approach to regulating digital market competition, provide an adequate framework for fostering economic liberty in digital markets. Keywords: Competition law, economic liberty, digital market, digital competition law, free market Introduction Economic freedom is one of the basic pillars of democratic capitalism and expresses the principles of free markets, whereby individuals and businesses are unhindered in their economic pursuits without excessi…
subject: Articles
  topic: section
subject: Competition law
  topic: keywords
subject: economic liberty
  topic: keywords
subject: digital market
  topic: keywords
subject: digital competition law
  topic: keywords
subject: free market
  topic: keywords
creator: Biranchi Narayan P. Panda
rights: Copyright (c) 2025 Creative Commons https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-09-30
publication date: 2025-09-30
starting page: 1
ending page: 11
doi: 10.36475/11.3.1

Interpretation of Marriage Law Determination: An Analysis Study of the Adult Age of Marriage in Indonesia
type: item
description: This study addresses the implementation challenges of Indonesia’s Law No. 16 of 2019, which amended Law No. 1 of 1974 regarding marriage. The previous law set minimum marriage ages at 19 for men and 16 for women; the 2019 amendment raised the minimum age for women to 19, standardizing it for both sexes. A key issue highlighted is that this legal age limit may not fully account for the necessary biological, sociological, and other preparations essential for marriage, despite the aim of legal reform to protect family integrity. The research specifically focuses on the implications of this minimum marriage age from the perspective of Islamic law. Using a qualitative, descriptive-analytical library research method with an Islamic law approach, the study examines the differing views on the concept of maturity for marriage. The findings indicate that while the previous age of 16 for women was often considered adolescence in terms of overall maturity, the new legal age of 19 for both men and women is generally regarded as adulthood and deemed prepared for initiating family life within the framework of Islamic law. Keywords: Interpretation, legal determination, marriage, adult age. Introduction The existence of Islamic family law, especially in the study of limiting the age of marriage, is endless and deserves to be discussed from time to time, but it also attracts the attention of legislators, academics, and family law observers who study it from their respective scientific perspectives. However, studying in depth the modernization of Islamic family law through the issue of the age of marriage in Indonesia, of course, cannot be separated from the study of the social history of Islamic marriage law which has been recorded in the study of Islamic law.[1] In the renewal of Islamic family law, it is necessary to explore the important aspects behind the social dynamics in the discussion of Islamic family law.[2] The Islamic family law justice system, as one part of the national…
subject: Articles
  topic: section
subject: Interpretation
  topic: keywords
subject: legal determination
  topic: keywords
subject: marriage
  topic: keywords
subject: adult age
  topic: keywords
creator: Asman, M. Ag
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/?ref=chooser-v1
date: 2025-06-30
publication date: 2025-06-30
starting page: 112
ending page: 130
doi: 10.36475/11.2.10

Response to Incitement: Call for Algeria Sanctions (International Legal Analysis)
type: item
description: The consequences of the war in Ukraine have reached beyond Europe, significantly impacting regions such as the southern Mediterranean. Within this geopolitical context, Algeria—although maintaining a neutral stance in the conflict—is often perceived by Western actors as a longstanding ally of Russia. This perception has triggered political reactions in the United States, particularly among a minority group in Congress led by Representative McClain, who has suggested the possibility of imposing sanctions on Algeria. This article explores the legal nature and potential implications of such a proposal, questioning its validity and examining its alignment with international law. In doing so, we aim to assess whether the proposed measures fall within the permissible boundaries of unilateral coercive actions or constitute an overreach with no solid legal foundation. Moreover, this paper critically evaluates the broader impact of the report on regional stability, arguing that it may contribute to escalating tensions in an already fragile geopolitical landscape. Keywords: Report, sanctions, American Congress, international law, protection. Introduction The war in Ukraine has revealed some weaknesses and even some disorder in the joint American-European reaction. It is above all a question of the somewhat soft approach of the Franco-Italian German trio compared to its hard corollary from the USA, notably under the auspices of the former Biden administration, the United Kingdom and the rest of the EU, especialy the eastern bloc of Europe, such as Poland and the Baltic countries. About this war, its beginning was marked by condemnation of the act of aggression coming from Russia and altering the sovereignty of a UN member country (UN/GA/12407, 2 March 2022).[1] And subsequently, some authors tried to justify the American interference by looking for some legal arguments in this sense, such as the reference made to the rules of jus ad bellum.[2] In addition, and still within the…
subject: Articles
  topic: section
subject: Report
  topic: keywords
subject: sanctions
  topic: keywords
subject: American Congress
  topic: keywords
subject: international law
  topic: keywords
subject: protection
  topic: keywords
creator: Abdelilah Choukry Sanef
creator: Belkacem Trouzine
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 97
ending page: 111
doi: 10.36475/11.2.9

The Russian Military Intervention in Ukraine: An Analysis through the Lens of International Law
type: item
description: Russian troops invaded Ukrainian territory on February 22, 2022, for the sake of defending its borders from the alleged NATO threat, led by the United States. This move created widespread legal debate, calling for a number of positions on whether Russia’s actions were justifiable self-defence in international law or breached the Geneva Conventions governing international humanitarian law. This research paper aims to bring to the fore the military activities carried out by Russian soldiers in Ukraine, taking into account the legality of such a military operation under Article 51 of the United Nations Charter, which discusses the right to self-defence and exercise of the right of self-defence on the part of states. We shall also examine whether military intervention violates humanitarian law. The analysis shall use relevant legal documents, albeit more specifically, the 1949 Geneva Conventions, the Rome Statute of the International Criminal Court of 1998, in addition to using the United Nations Charter and those that are supplementary. To this effect, the paper will examine the subjectivity of operations to international law and humanitarian implications thereof towards Ukraine. The findings of this research on the legality of military interventions and state responsibilities according to international law will offer a complete appreciation of the legal and ethical dimensions of the conflict. Keywords: Intervention military, international humanitarian law, International Criminal Court. Introduction Under the new international order, the global arena has witnessed several military interventions aimed primarily at eliminating violations of international humanitarian law and human rights, as well as changing political regimes that infringe upon these rights. Regardless of the justifications presented for these military actions, a common characteristic is the use of armed force against the integrity and independence of states, which undermines their role as the largest sp…
subject: Articles
  topic: section
subject: Intervention military
  topic: keywords
subject: international humanitarian law
  topic: keywords
subject: International Criminal Court
  topic: keywords
creator: Atik Ali
creator: Khalfallah Faouzi
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/?ref=chooser-v1
date: 2025-06-30
publication date: 2025-06-30
starting page: 84
ending page: 96
doi: 10.36475/11.2.8

The Efficacy of “Anti-Gender-Based Violence Laws” in Addressing the Scourge of Gender-Based Violence in South Africa
type: item
description: South Africa has encountered a notable increase in incidents of gender-based violence (GBV) over recent years. The failure of South Africa’s criminal justice system to effectively address GBV cases has resulted in the stigmatisation of the system. Consequently, the public’s trust in the criminal justice system has diminished. In 2023, three ‘‘anti-GBV laws were enacted; these laws aimed at combating GBV, namely the Criminal Law (Sexual Offences and Related Matters) Amendment Act, the Criminal and Related Matters Amendment Act, and the Domestic Violence Amendment Act (DVVA). This study evaluates the efficacy of these laws in mitigating the prevalence of GBV in South Africa. Specifically, the research seeks to determine whether the anti-GBV laws offer protection to victims both before and after their rights are violated by perpetrators of gender-based violence. Additionally, the study investigates whether these laws expedite the legal processes involved in handling GBV cases. A comparison is made between the newly enacted laws and the Domestic Violence Act, which is recognised as the primary legislation governing GBV in South Africa. Recommendations are provided regarding the effective implementation of preventive legal measures outlined in the DVAA to safeguard GBV victims and combat the escalating rates of GBV in South Africa. This is a qualitative study, and it draws its insights from various sources, including articles, case law, legislation, the Constitution, and international legal frameworks. Keywords: Gender-based violence, victims, anti-GBV laws. Introduction Gender-based violence (GBV) is defined as the ‘violence that is directed at an individual based on his or her gender. It includes physical, sexual, and psychological abuse; threats; coercion; arbitrary deprivation of liberty; and economic deprivation, whether occurring in public or private life. Gender-based violence takes on many forms and can occur throughout the lifecycle.[1] The article’s main focus …
subject: Articles
  topic: section
subject: Gender-based violence
  topic: keywords
subject: victims
  topic: keywords
subject: anti-GBV laws
  topic: keywords
creator: Paul S. Masumbe
creator: Pumza Nomnganga
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 75
ending page: 83
doi: 10.36475/11.2.7

The Compromise Nature of Property Rights in Action – Tolerating Neighboring Nuisances?
type: item
description: This article explores the evolving conception of property rights as individual entitlements and socially embedded institutions, emphasizing neighbor law and the duty of tolerance. While civil-law traditions traditionally conceptualize ownership as an exclusive and absolute right, modern legal systems increasingly recognize that property must serve a social function and coexist with the rights and interests of others. Using the Georgian legal framework (Article 175 of the Civil Code), the paper examines how legal norms mediate conflicts between neighboring property owners, particularly where environmental degradation or industrial activity undermines the peaceful enjoyment or economic use of property. The article emphasizes the role of regulatory mechanisms, such as environmental and construction standards, and highlights the judiciary’s critical function in determining the permissible scope of interference on a case-by-case basis. Drawing upon the jurisprudence of the European Court of Human Rights, it analyzes how the Court balances individual property rights under Article 1 of Protocol No. 1 with broader concerns addressed under Article 8 of the European Convention on Human Rights. By integrating national legal norms with international human rights standards, the article aims to delineate a coherent framework for resolving property-related conflicts in a manner that respects both private autonomy and the public interest. Key words: Property rights, environmental disturbance, tolerating neighboring nuisance. Introduction As a foundational element of a free and democratic society, property rights underpin individual liberty and enable personal development.[1] Far from being merely an economic asset, property provides a sphere of autonomy, continuity, and control in which individuals exercise self-determination, assume responsibility, and fully participate in social and economic life.[2] In civil-law traditions, ownership is traditionally conceived as an exclusive, a…
subject: Articles
  topic: section
subject: Property rights
  topic: keywords
subject: environmental disturbance
  topic: keywords
subject: tolerating neighboring nuisance
  topic: keywords
creator: Nino Meskhishvili
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 60
ending page: 74
doi: 10.36475/11.2.6

The Right to the Secret of Correspondence and Its Legal Protection
type: item
description: Respecting the private life of man is one of the most prominent basic rights guaranteed by positive laws and divine laws, as it is a pillar of human dignity and individual freedom. This right includes preserving human secrets and not dispensing them without his/her explicit consent, or outside the framework of a legitimate and justified judicial order. The principle of correspondence is considered one of the most important applications of this right, as it includes all correspondence and communications between individuals, whether written, electronic, or even oral, as long as it relates to their privacy and they do not want to inform others. Private secrets are an integral part of private life, and they include all information or an incident related to a person and affects his/her interests, such as health data, family relationships, intellectual and religious inclinations, financial situation, and others. The law was approved to protect these secrets, stressing the necessity of preserving them and not being infringed, as Islamic law affirmed this principle through the prohibition of espionage and followed the nakedness of people, in respect of their humanity and the maintenance of their dignity. Accordingly, any violation of these secrets is a serious prejudice to the basic rights of man and requires legal accountability, as it is inconsistent with moral principles. Keywords: Public freedoms, correspondence confidentiality, privacy, legal protection, constitutional amendment 2020. Introduction There is no doubt that personal freedoms come to the forefront of freedoms as necessary for the possibility of enjoying other public freedoms, as they are a condition for the existence of other public freedoms. Some have expressed personal freedoms in the term “individual freedoms in the full sense of the word”, Les Libertés Individuelles Premièrement Dites, because personal freedoms represent the center of the circle for all other freedoms. In the context of personal freedom…
subject: Articles
  topic: section
subject: Public freedoms
  topic: keywords
subject: correspondence confidentiality
  topic: keywords
subject: privacy
  topic: keywords
subject: legal protection
  topic: keywords
subject: constitutional amendment 2020
  topic: keywords
creator: Abdelhadi Derrar
creator: Nassima Derrar
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 52
ending page: 59
doi: 10.36475/11.2.5