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Topic Review
Use of Force by States
The use of force by states is controlled by both customary international law and by treaty law. The UN Charter reads in article 2(4): This principle is now considered to be a part of customary international law, and has the effect of banning the use of armed force except for two situations authorized by the UN Charter. Firstly, the Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Secondly, Article 51 also states that: "Nothing in the present Charter shall impair the inherent right to individual or collective self-defence if an armed attack occurs against a state." There are also more controversial claims by some states of a right of humanitarian intervention, reprisals and the protection of nationals abroad.
  • 666
  • 08 Oct 2022
Topic Review
The Significance of the Separate-Regulatory Paradigm
This separate-regulatory paradigm is strongly backed up by its significance in maintaining a clear line between tort law and environmental law, providing remedies tailored to the natural environment, and bypassing the logical difficulties in incorporating environmental damage into the tort system. The failure of tort law to fashion an effective remedy to the damaged environment in complex environmental issues such as climate change further illustrates such significance.
  • 341
  • 12 Apr 2022
Topic Review
The Provocation Trigger of Adultery
Excuse for the husband killing his wife’s lover in the form of the partial defence of provocation was set following the Mawgridge’s case in 1707. This meant the husband could be found guilty of manslaughter rather than murder. In 1810, another precedent was set, where the adulterous wife's killing could follow a sentence of manslaughter rather than murder. This entry investigates the shaping of adultery as a defence to murder under the partial defence of provocation.
  • 347
  • 27 Oct 2023
Topic Review
The Patent Eligibility of 3D Bioprinting
A combination of 3D printing techniques and synthetic biology, 3D bioprinting is a promising field. It is expected that 3D bioprinting technologies will have applications across an array of fields, spanning biotechnology, medical surgery and the pharmaceutical industry. Nonetheless, the progress of these technologies could be hindered, unless there is adequate and effective protection for related applications.
  • 459
  • 24 Jan 2022
Topic Review
The Oil Palm Governance Policy in Indonesia
Indonesian palm oil encountered social-agrarian and environmental issues and has been subject to heavy criticism from the international community for years. The Indonesian government answered the very sharp international opinion by implementing standard certification to ensure the achievement of oil palm sustainability. This is especially applied for the small scale plantation at the upstream of the entire palm oil supply chain. Indonesian Sustainable Palm Oil (ISPO) certification has been applied as an instrument of guaranteeing sustainability principles for all business units with a particular attention on smallholders. The system is targeted to address land legality issues, business licensing, plant seedling certification, environmental management, as well as strengthening farmer organizations at the local level. The implementation of ISPO faced challenges and barriers that makes certification is not easy to achieved on the ground. 
  • 579
  • 24 Apr 2022
Topic Review
The Impact of Regulatory Pressures on Governance
abstract: Purpose: With this paper, we aim to provide an insight on the regulatory reforms on corporate governance, brought about, by its ineffectiveness in the global financial crisis. Design/Approach/Methodology: To this effect we compared accounting ratios over a period of 10 years - 5 years prior and during financial crisis (i.e. 2006-2010) and 5-years post regulatory reforms on governance (i.e. 2014-2018) -using panel data of ratios for profitability, liquidity and efficiency. Findings: The general trend in the banks was that profitability and efficiency decreased drastically in the post regulatory period, contrary to liquidity, which increased, as higher capital buffers were imposed on banks. Practical Implications: This study is important because the burden of regulations is detrimental to the performance of public banks in the EU Mediterranean region. There are several arguments that the burden of compliance is becoming very costly and this is negatively affecting their profitability and efficiency. Originality/Value: These findings are of interest to economists and policymakers within the European Mediterranean region. Keywords: Governance, regulations on governance, changes in regulations, performance, financial crisis, governance and performance. JEL code: G21, G28.
  • 2.7K
  • 28 May 2020
Topic Review
The Development of E-Commerce on EU Tax Regulations
The term “e-commerce” means online shopping on the World Wide Web, and it can be described as the buying/selling process through the transmission of data remotely.  Compliance with the VAT (value-added tax) regime is addressed in the context described by the two important categories of active legal rules: the rules for consumer protection and the rules related to ensuring data protection. The investigation of the legal framework in this regard started from the presupposition that the necessary changes in regulation for facilitating e-commerce are capable to determine indirect changes in many aspects of financial rules and taxation. While analyzing the regulation of online trade, the various measures undertaken recently in respect to European sources of law and their implications for national legal framework opened additional directions of investigation. 
  • 580
  • 25 Feb 2022
Topic Review
Swiss Federal Act on Gambling
In January 2019, a new Swiss Federal Act on Gambling (Loi federal de jeux d’argent: LJAr) entered into force following a vote by the Swiss electorate. Intended to modernize and harmonize previous law and open the market for online casinos; the new regulations have highlighted the need for a comprehensive monitoring system. 
  • 853
  • 17 Sep 2021
Topic Review
Sustainability of AI and Sustainability Claims
The potential of artificial intelligence (AI) and its manifold applications have fueled the discussion around how AI can be used to facilitate sustainable objectives. However, the technical, ethical, and legal literature on how AI, including its design, training, implementation, and use can be sustainable, is rather limited. At the same time, consumers incrementally pay more attention to sustainability information, whereas businesses are increasingly engaging in greenwashing practices, especially in relation to digital products and services, raising concerns about the efficiency of the existing consumer protection framework in this regard. The objective of this paper is to contribute to the discussion toward sustainable AI from a legal and consumer protection standpoint while focusing on the environmental and societal pillar of sustainability. After analyzing the multidisciplinary literature available on the topic of the environmentally sustainable AI lifecycle, as well as the latest EU policies and initiatives regarding consumer protection and sustainability, we will examine whether the current consumer protection framework is sufficient to promote sharing and substantiation of sustainability information in B2C contracts involving AI products and services. Moreover, we will assess whether AI-related AI initiatives can promote a sustainable AI development. Finally, we will propose a set of recommendations capable of encouraging a sustainable and environmentally-conscious AI lifecycle while enhancing information transparency among stakeholders, aligning the various EU policies and initiatives, and ultimately empowering consumers.
  • 488
  • 26 Nov 2021
Topic Review
Substantive Due Process
Substantive due process, in United States constitutional law, is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution. Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Substantive due process demarcates the line between the acts that courts hold that are subject to government regulation or legislation and the acts that courts place beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. Substantive due process is to be distinguished from procedural due process. The distinction arises from the words "of law" in the phrase "due process of law." Procedural due process protects individuals from the coercive power of government by ensuring that adjudication processes, under valid laws, are fair and impartial. Such protections, for example, include sufficient and timely notice on why a party is required to appear before a court or other administrative body, the right to an impartial trier of fact and trier of law, and the right to give testimony and present relevant evidence at hearings. In contrast, substantive due process protects individuals against majoritarian policy enactments that exceed the limits of governmental authority: courts may find that a majority's enactment is not law and cannot be enforced as such, regardless of whether the processes of enactment and enforcement were actually fair. The term was first used explicitly in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1952, it had been mentioned twice in Supreme Court opinions. The term "substantive due process" itself is commonly used in two ways: to identify a particular line of case law and to signify a particular political attitude toward judicial review under the two due process clauses. Much substantive due process litigation involves legal challenges about unenumerated rights that seek particular outcomes instead of merely contesting procedures and their effects. In successful cases, the Supreme Court recognizes a constitutionally based liberty that considers laws that seek to limit that liberty to be unenforceable or limited in scope. Critics of substantive due process decisions usually assert that there is no textual basis in the Constitution for such protection and that such liberties should be left under the purview of the more politically accountable branches of government.
  • 517
  • 27 Oct 2022
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