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Despite international legal frameworks designed to protect them, the Rohingya refugees in Bangladesh face a critical situation characterized by a severe lack of legal status and inadequate humanitarian aid. This research uses a qualitative approach to examine the gap between these international laws and their actual implementation, focusing specifically on the Rohingya crisis. The study identifies significant deficiencies in the application of international refugee law, particularly the failure to grant the Rohingya adequate legal recognition, which has led to systemic denial of basic human rights such as education, healthcare, and legal protection. The findings highlight the limitations of both international and national legal frameworks in addressing the statelessness of the Rohingya, exacerbating their vulnerability. This research concludes with strategic recommendations for reforming legal frameworks at both international and national levels to enhance the protection mechanisms for the Rohingya and similar vulnerable groups. [ABSTRACT FROM AUTHOR]

Decentralised Autonomous Organisations (DAOs) aim at innovating the organisation forms for business activities. They are complex blockchain-based smart contracts, which allow token holders to participate directly in decision-making processes and decentralised entrepreneurial activities as much as possible. The advocates of this new kind of digital organisation argue that DAOs enjoy significant operational efficiencies and can effectively work outside of any legal recognition. This paper analyses DAOs through the lenses of the economic and legal theories on the firm and on business organisation. The analysis makes three contributions: first, it contributes to the literature on the theory of the firm, looking at the role of digital technology in innovating the organisation of business activities. Second, it enriches the literature on the legally recognised forms of business organisation, analysing the tension between the essential role of the law and the limitations of tamper-resistant technologies, such as the blockchain. Third, it overcomes the largely ideological and dichotomic debate on the promises of DAOs, providing analytical guidelines as to why current forms of sector-specific regulation fail to leverage the potential of DAOs. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research adopts a constructivist paradigm, emphasizing the interaction between legal norms and the values held by stakeholders. Philosophical analysis of law is employed to delve into this interaction and understand its application in the Indonesian legal context. The research findings indicate that the normativity of customary law is significantly influenced by the principle of material legality in the Criminal Code. Customary law is recognized to a certain extent within the national legal system, but tension between being more formal and customary law often exists. The constructivist paradigm helps reveal these dynamics by emphasizing the importance of dialogue and interpretation in legal application. The study concludes that customary law holds an important position within Indonesia's legal system despite challenges in its application. Recognition of customary law needs to be enhanced through more inclusive policies and intensified dialogue between formal and customary law. The paradigmatic analysis provides valuable contributions to understanding the complexity of customary law normativity within the Indonesian legal system. [ABSTRACT FROM AUTHOR]

The definition of the essence of the category of law for a long time remains the subject of numerous discussions. We explain this by the fact that law is a multifaceted category, which leads to the emergence and development of a significant number of approaches and concepts to its interpretation. The process of development of legal understanding continues today, taking into account the dynamic emergence of new social relations, which lead to the modification and adaptation of law to new conditions. However, in the process of the evolution of law, two fundamental concepts of legal understanding emerged, namely, positivist and natural-law. Undoubtedly, each of the above-mentioned concepts contains a number of separate currents and directions, however, in general, in their unity, they contain the most general patterns of consideration of the law from a specifically defined position, therefore, they are taken as a basis in the context of the study of legal understanding. The main position of the positivist school of legal understanding is that law is exclusively the result of state activity, and its sources are the will of the state expressed in laws. The opposite position is taken by the natural law school, defining law as a concept that means a set of principles, rules and values dictated by human nature itself and therefore independent of their legal recognition or non-recognition in a specific state. That is, in this case, the source of law is the objective laws of nature, a certain level of evolution of society as a whole and the individual in particular. Natural law is based on the principle of justice, through the prism of which the effectiveness and expediency of certain norms of positive law are determined. It is the natural-legal concept of legal understanding that contributes to the justification of law as a measure of justice, as a social ideal, the norms of which the majority of citizens seek to adhere to not out of fear of punishment, but out of respect and trust based on the rule of law. However, analyzing current scientific research on the topic of the natural concept of law, it is clear that more attention is focused on natural human rights than on natural duties. In our opinion, this state of affairs is to some extent misleading, establishing the opinion of the existence of only natural rights without any obligations. The objective laws of nature are the source of both freedom and the corresponding duties of man. In this way, there is a unity of natural rights and duties of a person - natural duties correspond to natural rights. Therefore, for the development of the naturalistic concept of human rights, more attention should be paid to the natural duties of a person, because even J. Locke claimed that there is a “law of nature” that gives a person freedom and imposes duties on him. [ABSTRACT FROM AUTHOR]

The article provides an analysis of the key theses of Gustav Radbruch, known as the Radbruch Formula, which reflect the position of the prominent German legal philosopher of the first half of the 20th century regarding the judge’s duty not to apply «intolerably unjust laws». This preference is given to the principle of justice over the principle of legal certainty in certain categories of «hard cases». The article analyzes Radbruch’s formula regarding the nature of law itself and the evaluation of statutes as either having or lacking legal character, as well as their validity. The authors’ foundational approach in analyzing the Radbruch Formula is based on considering the dynamics of Radbruch’s philosophical-legal system, as a representative of Southwest (German) School of neo-Kantianism, in relation to the balance between the principles of legal certainty and justice as components of the idea of law. Radbruch’s views on the nature of law, which from the second half of the 20th century have formed the foundation of modern non-positivist legal theory in its «inclusive version», are also examined. The main characteristic of the Radbruch Formula is highlighted through three key theses of Radbruch concerning the relationship between the principles of legal certainty and justice, and their combination into two formulas. This epistemological approach enables a more detailed analysis of the ideas embedded in the Radbruch’s Formula. Under normal conditions of law and order, the first thesis indicates the need to give priority to the legal certainty of the law in law enforcement. The first formula, or the «intolerability thesis», describes the condition under which a law, as «incorrect law» or unjust law, is not recognized as legally binding from the moment of its creation. Intolerable injustice serves as the criterion for determining that the law is not law. Only intolerably unjust laws, among those that are to some extent unjust in content, lack legal force and cannot be applied by judges in the process of adjudication. The second formula, or the «rejection thesis», describes the criterion by which to distinguish between existing laws as «incorrect law» and laws that are, by their nature, non-legal and should be denied recognition as law. This criterion for a law is its «service» to justice, whose core is the equality of all people, thereby precluding racial, religious, and other forms of discrimination. The authors view Radbruch’s theses as an integral construct of the Radbruch Formula, as taking into account their essential connections, which refer to the concept and idea of law, provides a comprehensive understanding of the nature and purpose of legal certainty, the value of justice, the degree of permissible injustice, and the purpose and nature of law itself [ABSTRACT FROM AUTHOR]

The start of a forced execution in which the debtor's patrimonial asset is liquidated is the premise for the activation of the privileges, perceived as tools for ordering the creditors when the "price of the debtor's assets" is divided [art. 2.326 para. (1) Civil Code]. A privileged creditor is preferred to the other creditors, even if their rights were born or registered earlier (art. 2.335 Civil Code). The law thus seeks to insure the creditor against the risk of the debtor's insolvency, by removing equality between creditors. For example, in the case of the sale of a good, the claim of the privileged creditor will be satisfied with priority and in its entirety, following that the claims of the other creditors will also be honored. The principle of absolute preference of privileges comes from ethical, social and economic needs, which substantiated the recognition of legal favor. [ABSTRACT FROM AUTHOR]

The principles of natural resources include recognition, governance, protection, and exploitation of natural resources, among which recognition is the most important. Any enforcement of sovereignty over national lands requires the implementation of a legal recognition process. So, recognizing national lands and exceptions is of great importance. In other words, recognizing national lands and exceptions is the first step in protecting these lands and preventing their waste and change of use. Each country's natural resources and environment do not belong only to it but to all the people of the world. In this way, the destruction of national lands does not only mean the deterioration of a part of that country's capital but also the destruction of a part of the natural resources and environment of the planet and the wealth of the whole world. Unfortunately, most developing countries have a full-scale war against natural resources and the environment. The author is concerned not only about the preservation of natural resources and the environment in Iran but also about the whole world. Governments should be forced to preserve, restore, and develop natural resources and the environment by using practical international tools, and there is no other choice but to force. [ABSTRACT FROM AUTHOR]

ABSTRACT The legal recognition of the gender status of transgender people in Europe (and indeed worldwide) is undoubtedly a complex and multifaceted issue, which has prompted academics and legal practitioners to raise numerous scientific questions and seek answers thereto. The gravity of this issue is heightened by the fact that the daily functioning of a transgender person in society as a person of registered (assigned at birth) sex that is incongruent with their self‐perception exposes them to constant and conspicuous distress (the so‐called gender dysphoria), often manifested in various forms of discrimination. The role of every European state should be to eliminate, or at least minimize, such distress and the risk of discrimination. One of the ways to attain these specified objectives may very well be the eponymous procedure of legal gender recognition for transgender people. This article was conceived with the perspective of human rights in mind. Consequently, its primary assertion is that the aim of every proceeding (be it judicial or administrative) concerning gender recognition is the realization of comprehensive protection of rights and freedoms for a transgender person. An additional aim of the present article is to attempt to facilitate the task of judges who adjudicate cases involving gender recognition, officials who process applications for changes in civil status records, and attorneys who represent transgender people in matters pertaining to changing a person's name and gender marker on identity documents. [ABSTRACT FROM AUTHOR]

The article is devoted to researching the content and legal nature of the human right to gender identity. It is noted that the right to gender identity is an integral part of human rights. International organizations such as the UN recognize the importance of protecting people's rights to self-identification. At the same time, ensuring legal protection of gender identity promotes social inclusion and equality, which is extremely important for creating a tolerant and just society where all people can live without fear of discrimination. It was concluded that the right to gender identity can be understood as a given person the opportunity to self-identify as a representative of a certain sex, to perform actions in accordance with his gender identity regarding the change of biological and/or social sex, as well as to demand from others to refrain from actions that violate this right. In addition, legal recognition of gender identity has a direct impact on people's mental and physical health, as research shows that legal protection and support of gender identity reduces stress, depression and suicidal thoughts among transgender people. It was analyzed that from a legal point of view, gender identity can be considered as a good, an object of the corresponding personal non-property right, characterized by the following components: 1) self-determination of a person as a representative of a certain gender; 2) gender selfexpression through the so-called social manners of gender (name, appearance, manner of behavior, clothes, accessories, etc.), which creates a holistic perception of a person as a representative of the corresponding gender. It is noted that the European Court of Human Rights has unequivocally established a positive obligation for European states to ensure legal recognition of gender. However, when it comes to the practical implementation of this obligation, it is necessary to carefully evaluate the procedures for their compatibility with human rights. This section will help when working on amendments or new gender recognition legislation by explaining the guidelines for developing procedures, the requirements and implications of the law, providing information on case law and relevant human rights standards, and identifying common problems. [ABSTRACT FROM AUTHOR]

The article explores the role of the theory of «rules of recognition» by Oxford professor H.L.A. Hart in the contemporary theory of Anglo-American legal positivism, introduced by him in his central work «The Concept of Law» (1961), which has a significant influence on contemporary legal theory and philosophy. The authors reveal the content and meaning of the concept of «rules of recognition» as part of the secondary rules-«rules about rules» or «procedural rules» which determine the criteria for the validity of law along with the «rules of change» and the «rules of adjudication» in H.L.A. Hart’s terminology. The authors demonstrate the correlation with the «Grundnorm» of German legal philosophter H. Kelsen, which is more common in the Ukrainian legal theory, and which justifies the existence of constitutional norms as fundamental ones which determine the recognition of law by society and its individuals. The authors analyze the main positions of H.L.A. Hart’s followers-J. Raz, M. Kramer, B. Bix, S. Shapiro and others-regarding this theory and highlights the criticism of its individual provisions. The authors highlight how H.L.A. Hart tried to explain by the «rules of recognition» how law at the fundamental level is a matter of social convention (agreement between people inside the inhabited society), defending one of the components of legal positivism-the thesis of social fact (social sources of law thesis). The authors examine the interdependence between law and coercion by the State, the role of social practice in society’s subordination to law, the role of moral norms in the formation of law, in particular, the «rule of recognition», the correlation between the concepts of «rule of recognition» and «legal validity», and the problem of law enforcement by judges and governmental officials of the «rule of recognition». The authors summarize how H.L.A. Hart eliminates morality from the content of law in motivating judges and governmental officials to apply the rules of law, clarifies the position of legal positivism on the issue of the grounds for society’s submission to law, and demonstrates how the «empirical» theory of recognition prevails over the «analytical» theory, using R. Alexy terminology. [ABSTRACT FROM AUTHOR]

This paper is about Sámi children's right to learn their language in school in Russia (henceforth referred to as RtL). First, the core elements of this right are deduced from the international and regional instruments. These elements are legal recognition, non-discrimination, participation, appropriate education, and high-quality education. Then, the Russian legal acts are analysed to identify to what extent these elements are present in the Russian legal acts. The paper demonstrates that the five deduced elements of the RtL are found in the relevant Russian legal acts. However, the contents of some of these elements in the Russian legal acts are different from the contents of the corresponding elements deduced from the international and regional legal instruments. The paper also identifies challenges in the Russian legal acts that hinder the realisation of the RtL. [ABSTRACT FROM AUTHOR]

Within the public sphere of South Asian countries, prominent movements to formally recognise gender diversity and decriminalise same-sex relations have had effects in Nepal and India, but same-sex relations remain a criminal offence in Sri Lanka and other South Asian countries. Against this background, the article analyses an early novel by the Sri Lankan Canadian writer Shyam Selvadurai, showing how prohibition and tolerance go rather uneasily hand in hand within the public and private spheres of Sri Lanka, creating anxious precarities in the everyday lives of individuals, their families and supporters within a heteronormative framework. Since formal legal recognition per se can never fully guarantee the freedom to live one's life as one desires, the article discusses, in light of Selvadurai's work, to what extent private individual strategies of navigation and self-management remain crucial for non-heteronormative individuals. [ABSTRACT FROM AUTHOR]

Background: This paper explores the legal field of surrogacy from a Central European perspective, focusing on how countries such as Austria, Germany, and Switzerland address the recognition of parental status established abroad. While the prevailing attitude among Central European states is to prohibit surrogacy within their national laws, there is an increasing tendency to bypass these bans by seeking surrogacy services abroad. This phenomenon, termed reproductive tourism, raises complex legal questions about the recognition of foreign parental status determinations. Methods: The methods used include a comprehensive review of international and autonomous national legal rules as well as a comparative analysis of case law from Central European courts regarding cross-border surrogacy and parenthood recognition. The study examines legal controversies employing Austrian family law as an example to assess highly topical issues arising from surrogacy. It incorporates data from various legal sources, including the Austrian Constitutional Court, the German Federal Court of Justice, the Swiss Federal Supreme Court, and the European Court of Human Rights. Results and conclusions: The findings reveal significant differences between Austria, Germany, and Switzerland regarding the recognition of parental status established by way of surrogacy abroad. While supreme court decisions in these countries tend to prioritise the best interests of the child - often recognising foreign surrogacy arrangements to avoid leaving children without legal parents - their judicial approaches differ considerably. The Austrian Constitutional Court adopts a more inclusive approach by accepting foreign determinations from any authority, such as birth certificates, under the concept of automatic recognition. In contrast, the German and Swiss supreme courts acknowledge only formal court decisions. For cross-border surrogacy cases that do not fulfil this requirement, these countries apply the national law of the child's habitual residence or, as a fallback, the law of the intended parents' country of origin. Since both German and Swiss law categorically forbid surrogacy, only the genetic father is typically recognised, while the intended mother is directed to adoption. This aligns with the opinion of the ECtHR, which still considers the method of establishing parenthood to be within the sovereignty of a state. This article advocates for a balanced approach that respects both the legal principles of national states and the fundamental rights of children born through an arrangement with a surrogate mother in another country. [ABSTRACT FROM AUTHOR]

Legal personhood has been recognized for several ecosystems worldwide, garnering significant attention from the scholarly community. This attention translated with the mobilization of approaches anchored into legal, institutional, or ethnographic perspectives. On-going calls for the recognition of Rhone River's legal personhood provides us the opportunity to analyze on-going processes in a transboundary river located in the middle of Europe. This paper focuses on how such a concept gets promoted and intends to make its way on the political agenda. Specifically, we examine two current promoters of the legal personhood of the Rhone River: the International Commission for the Protection of Lake Geneva (CIPEL) and ID-Eau. We identify five key lessons: (1) the request for recognition of legal personhood derives from actors' willingness to change current governance practices and to shift the productivist paradigm towards more decentralized and inclusive governance system; (2) legal personhood is presented as a solution to problems that have not yet been clearly framed nor identified, opening up thinking on how such concept may be instrumentalized; (3) the discussion remains limited to a small number of experts; (4) the legitimacy of this debate requires scrutiny; (5) the legal personhood concept should be reinterpreted to fit within Western ontologies. [ABSTRACT FROM AUTHOR]

The work aims to provide a description of the sociolinguistic and linguistic reality of the hamlet of Timau in the municipality of Paluzza. In contrast to the other villages of the Municipality, the population of Timau has been speaking for centuries, alongside Italian and Friulian, the Timavese code, a Carinthian based variety that nevertheless displays distinctive linguistic characteristics at all levels. In the paper we will present the origins of the village, the sociolinguistic position of Timavese in the community’s repertoire, the similarities and differences between Timavese and Carinthian and the corpus and status planning created for this variety after its recognition by the national law 482/1999 (“Norme in materia di tutela delle minoranze linguistiche storiche”), aimed at protecting the historical linguistic minorities recognized in the national territory. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Named entity recognition (NER) is a crucial task in natural language processing, particularly challenging in the legal domain due to the intricate and lengthy nature of legal entities. Existing methods often struggle with accurately identifying entity boundaries and types in legal texts. To address these challenges, we propose a novel sequence-to-sequence framework designed specifically for the legal domain. This framework features an entity-type-aware module that leverages contrastive learning to enhance the prediction of entity types. Additionally, we incorporate a decoder with a copy mechanism that accurately identifies complex legal entities without the need for explicit tagging schemas. Our extensive experiments on two legal datasets show that our framework significantly outperforms state-of-the-art methods, achieving notable improvements in precision, recall, and F1 score. This demonstrates the effectiveness of our approach in improving entity recognition in legal texts, offering a promising direction for future research in legal NER. [ABSTRACT FROM AUTHOR]

It is indicated that in the system of civil legal relations, territorial communities act as equal subjects along with other participants. However, modern legal doctrine and current legislation are characterized by the lack of a unified understanding of the legal status of territorial communities. In addition, the issues of their legal personality and the peculiarities of the mechanisms for implementing their participation in civil legal relations remain insufficiently studied. In the article, the author examines territorial communities as subjects of law. The author considers approaches to the legal nature of the territorial community, the article analyzes the concept of the territorial community, theories of origin and signs. The article examines the legal status of municipalities in Germany as legal entities under public law, the latter belong to public corporations operating on the basis of membership, state supervision of the activities of such corporations must be established. The author analyzes the issues of possession of legislative, administrative, personnel sovereignty by German municipalities. The article analyzes the characteristics of a territorial community as a legal entity: organizational unity, the presence of property, civil liability, and circulation on its own behalf. The article analyzes judicial practice regarding the issue of legal personality of a territorial community. Thus, the territorial community is a subject of civil legal relations, which participates in these legal relations on an equal basis with natural persons, legal entities and the state. At the same time, the recognition of legal capacity by a territorial community by virtue of a direct norm of the Central Committee of Ukraine excludes the need to obtain such status through state registration as a legal entity under public law. The author considers the legal form of participation of the territorial community in civil relations. Thus, analyzing the current legislation, territorial communities can create legal entities under public law, in particular, the creation of communal enterprises, joint communal enterprises, educational institutions. The article pays attention to the analysis of judicial practice regarding the responsibility of the local selfgovernment body for the activities of established communal enterprises. The author considers the issues of forms of management of communal property, the article outlines the legal problems associated with the definition of the legal regime of the property of a communal enterprise, the characteristics of objects of communal property law. [ABSTRACT FROM AUTHOR]

In the context of the full-scale Russian- Ukrainian war, problems related to various aspects of the right to life and a decent death are becoming particularly acute. The constitutional guarantees of the inviolability of human life and dignity are faced with the brutal realities of war, when the fundamental right to life is violated on a massive scale. One of the most difficult ethical and legal dilemmas of our time is the problem of euthanasia of military personnel as a humane, albeit controversial, method of alleviating the suffering of the seriously wounded or terminally ill. The war has become a catalyst for research on the topic of a dignified death, especially in conditions when medical resources are limited and the physical and psychological suffering of the military reaches critical limits. An analysis of current realities reveals a paradoxical situation: on the one hand, the legal recognition of human life as the highest value has increased, which is reflected in numerous international and national acts. On the other hand, there is a tendency to devalue human life in everyday life. A striking example of this is the growing public attention to discussions about the right to die and euthanasia, which is indicative of the complex social and ethical challenges of our time. This article offers a comprehensive analysis of the phenomenon of euthanasia, focusing primarily on the international experience of its regulation. The article examines various aspects of euthanasia, in particular in the context of the Russian-Ukrainian war, identifying the main conditions under which such an ambiguous and controversial type of medical care is possible. It is also noted that the term "euthanasia" is now gaining wide publicity, going beyond the professional discussions of doctors, lawyers and politicians. The term is actively used in the conversations of ordinary citizens, which indicates the growing interest of society in this issue. The author analyses the diverse positions and justifications of domestic and foreign scholars regarding the possibility of implementing euthanasia. It is found that the problem of this type of voluntary death is multifaceted and requires a comprehensive approach, and its solution should take into account not only medical but also ethical, religious, legal and social aspects. Particular attention is paid to the analysis of case law and legal positions of the European Court of Human Rights and international instruments relating to the protection of the right to life and human dignity. It is noted that the legal regulation of issues related to the right to a "merciful death" is diverse and depends on the national legislation of the States parties to the Convention for the Protection of Human Rights and Fundamental Freedoms. [ABSTRACT FROM AUTHOR]

Rape laws in Bangladesh tend to operate on the putative gender binary and understand rape through the prism of penile-vaginal penetration. The idea of male rape, especially adult male rape, remains foreign to the existing rape laws, which leads to the underreporting of rape cases against men. This article argues for a gender-neutral definition of rape in Bangladesh. The justification is premised on two key arguments. First, it demonstrates that, like any other form of sexual and gender-based violence, male rape is a gendered crime. Second, both male rape and the absence of its legal recognition cut across an array of human rights of male rape victims in Bangladesh. The article concludes that a gender-neutral definition of rape would not only recognise the gendered harm that male rape survivors experience but also help Bangladesh fulfil its human rights obligations towards male rape survivors. [ABSTRACT FROM AUTHOR]

This study examines the experiences of lesbian-parent families in Chile regarding the civil registry and the registration of their children, highlighting how heteronormative structures persist despite significant legislative advancements. Through semi-structured interviews with lesbian mothers, it explored how the policies and practices occurring at the civil registry affect their rights and legal recognition. The qualitative data analysis revealed significant barriers in the filiation processes due to outdated forms and lack of training among officials, reflecting a disconnect between progressive legislation and its practical implementation. The findings indicate that while there is growing social recognition of family diversity, lesbian-parent families face institutional discrimination, limiting their full participation in society. These barriers not only perpetuate occupational injustices but also negatively affect the emotional and social well-being of these families. This study underscores the need for legislative and administrative reforms to ensure effective inclusion and recognition of lesbian-parent families, recommending policies that update administrative processes to reflect the realities of all families adequately. The research highlights the importance of continuous education and awareness for civil registry workers, ensuring that existing laws are applied fairly and equitably. [ABSTRACT FROM AUTHOR]

International law traditionally did not concern itself with States' treatment of individuals, flora, or fauna subject to their jurisdictions. Contemporary international law does. International law recognizes the protection of human rights and the biosphere as community interests, interests that transcend States' interests and demand international regulation. Yet, the treaty regimes that secure the protection of human rights and the biosphere operate in diametrically opposed ways. Human rights regimes rely on international institutions to define objective communitarian norms for States to abide by, whereas the Convention on Biological Diversity regime relies on private markets to internalize the cost of development and thereby preserve the biosphere. This Comment argues that international law's recognition of community interests demands that State obligations be framed as "absolute" ones, owed regardless of the conduct of other States party to a given treaty. The absolute character of human rights obligations disallows States from modulating the scope of their performance based on the conduct of other State parties and justifies international public scrutiny over States' compliance with their international obligations. In contrast, the nonabsolute operation of conservation obligations helps to maintain States as sovereign property owners with no overriding duties to protect the biosphere and limited venues for public scrutiny. This theoretical insight has practical implications. A proper framing of the protection of the biosphere as a community interest under international law demands that States' conservation obligations be framed as absolute ones so as to recognize the biosphere as an object of concern in its own right, regardless of how States value its uses. This Comment describes two models of community interest treaties, evaluates them against the need to subject States to objective communitarian norms and public scrutiny, and identifies treaty design issues that may arise should international biodiversity law be reformed to make States' conservation obligations absolute. [ABSTRACT FROM AUTHOR]

The large volume of court decision documents in Indonesia poses a challenge for researchers to assist legal practitioners in extracting useful information from the documents. This information can also benefit the general public by improving legal transparency, law enforcement, and people's understanding of the law implementation in Indonesia. A natural language processing task that extracts important information from a document is called named entity recognition (NER). In this study, the NER task is applied to legal domains, which is then referred to as legal entity recognition (LER) task. In this task, some important legal entities, such as judges, prosecutors, and advocates, are extracted from the decision documents. A new Indonesian LER dataset is built, called IndoLER data, consisting of approximately 1K decision documents with 20 types of finegrained legal entities. Then, the transformer-based models, such as multilingual bidirectional encoder representations from transformers (BERT) or M-BERT, Indonesian BERT or IndoBERT, Indonesian robustly optimized BERT pretraining approach (RoBERTa) or IndoRoBERTa, XLM (cross lingual language model)-RoBERTa or XLMR, are proposed to solve the Indonesian LER task using this dataset. Our experimental results show that the RoBERTa-based models, such as XLM-R and IndoRoBERTa, can outperform the state-of-the-art deep-learning baselines using BiLSTM (bidirectional long short-term memory) and BiLSTM-conditional random field (BiLSTM-CRF) approaches by 7.2% to 7.9% and 2.1% to 2.6%, respectively. XLM-RoBERTa is shown to be the best-performing model, achieving the F1-score of 0.9295. [ABSTRACT FROM AUTHOR]

This article provides an overview of the Northern Ireland protocol and its implementation three years after its announcement. It explores the legal mechanisms of the protocol and how recent developments, such as the Windsor Framework, have impacted the status of EU law in Northern Ireland and Great Britain. The Windsor Framework introduces changes in areas like customs, agri-foods, VAT and excise, medicines, and governance. The article also offers background information on the Northern Irish legal order and the history of the protocol. It discusses the Withdrawal Agreement, the Northern Ireland Protocol, and the REUL Act in relation to the post-Brexit legal order, highlighting their significance in domestic law. [Extracted from the article]

We are currently witnessing a turn to racism and anti-racism in Latin America. The recognition of racism is not new, but the attention and challenge to racism, in such an orchestrated way, is. What are the signals of such turn to racism and anti-racism? What are the overall lessons for Latin America and from Latin America to global antiracist efforts? This introduction looks at the arguments of the articles in this special issue to highlight how issues of racial visibility, naming racism, racial data, legal rights and recognition, entrepreneurship, mestizo identity, the possibilities of alliances, racially-aware struggles against class (and gendered) oppression, are key to understanding this turn. While we do not claim that these articles cover the full extent of this turn in Latin America, we suggest that analysing how this turn appears in Latin American opens useful ways of thinking about anti-racism more widely. [ABSTRACT FROM AUTHOR]

To operate legally, religious groups must be legally recognized in Vietnam. However, as of 2023, only twelve Protestant groups had been officially recognized, and a few more religious leaders had registered their organizations for legal recognition. Our research data indicate that a significant number of Protestant groups operate without legal recognition, and this article analyzes the reasons for this situation. Based on 49 interviews, the authors argue that legal recognition is particularly important for large Protestant churches, which require legal status to obtain certain administrative powers and to become eligible for material support from the state. However, the administrative process for legal recognition is very complicated. Furthermore, obtaining legal status often implies increased surveillance of religious activities by local administrators, which may inhibit their evangelistic activities. Consequently, many representatives of Protestant religious groups have decided to operate without legal status, even at the risk of legal sanctions. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Introduction: Shifting sociopolitical landscapes may create doubts, questions, or concerns for individuals, especially those who hold a disenfranchised identity or are in marginalized relationships (Meyer in Psychology of Sexualities Review 7:81–90, 2016). As a result of political and societal opposition following the Supreme Court Obergefell v. Hodges (2015) decision, for example, legal and social uncertainties may lead to distress for same-sex couples. Methods: Guided by the Contextual Relational Uncertainty (CRU) model (Monk & Ogolsky in Journal of Family Theory & Review, 11(2):243–261, 2019), we test the association between sociopolitical uncertainties (i.e., uncertainty about legal recognition, social acceptance, and norms or scripts) and relational uncertainty (i.e., self, partner, and relationship uncertainty) among people in same-sex (n = 180) and different-sex (n = 180) relationships 1 year after the Obergefell ruling. Results: We found that most sources of sociopolitical uncertainty were positively associated with the sources of relational uncertainty. Using thematic analysis, we also analyzed responses to open-ended questions about concerns and experiences related to the Obergefell v. Hodges decision. We identified primary themes including increased (a) social certainty and (b) relational security, but also increased uncertainty related to (c) the breadth and permanence of legal recognition, (d) family norms and roles, and (e) potential backlash. Conclusions: Overall, these findings provide more evidence of the positive and negative consequences of precarious societal transitions on the lives of individuals, particularly people in marginalized relationships. Policy Implications: Policymakers and court system officials should be conscious of the full import of legislation. Even when producing legislation that is perceived to benefit a population, policies and educational resources should be considered that further support these communities across the transition. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho de la Seguridad Social, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article draws attention to the fact that today, in the conditions of Russian aggression, the state of compliance with the rights of domestic servicemen has significantly deteriorated, which requires the improvement of the constitutional and legal tools for their protection. The foreign experience of developed democratic countries in solving the problem of effectively ensuring the rights of the military through the introduction of specialized ombudsmen in the affairs of the armed forces is analyzed. The legal nature of military ombudsmen as specialized human rights institutions that have proven themselves positively in a number of states, the history of their introduction, and the positive consequences of their functioning are studied. Considerable attention in the work is devoted to the models of specialized ombudsmen in the affairs of the armed forces: a) regarding their legislative recognition and regulation of legal status (at the level of the country's constitution, law or by-law); b) places in the structure of state power (parliamentary and executive); c) models that are structurally part of the armed forces; are not part of the armed forces, but are authorized to deal exclusively with military issues and ombudsmen of general competence, in which the function of protecting the rights of military personnel is provided for by law; d) individual ombudsmen and collegial ombudsman services; e) various models of ombudsmen in the affairs of the armed forces, depending on the scope and specificity of their powers. It was concluded that for Ukraine in the conditions of war, the introduction of the institute of the military ombudsman is not just timely, it is extremely necessary. The emergence of this institution, on the one hand, will complement the existing means of protecting the constitutional rights and freedoms of the military, on the other hand, it will contribute to the maintenance of their faith in justice, which will generally neutralize the wary attitude of military personnel towards the authorities, and mitigate conflicts between the state, its bodies, and the military. The military ombudsman, exercising his supervisory and human rights powers, will not only contribute to the effective protection of the rights of the military, but also mitigate the contradictions between the state and civil spheres, promote the democratization of the national military sphere, which under his influence should become more responsive to needs and requests of military personnel, which will ultimately guarantee the "democratization" of the military bureaucracy, which, thanks to his activities, will show more attention, sympathy and concern for military personnel. [ABSTRACT FROM AUTHOR]

In the complex relationship between individual identity and its claims for recognition and protection by the legal system, the right to be forgotten is crucial, because it addresses a personal, social and legal definition of the individual as authentically as possible and highlights the uniqueness of each identity, with changes experienced in the temporal dimension. The lack of distinction in real life between the physical world and the analogue context traces new spatial and temporal coordinates, able to profoundly redefine the traditional categories of identity and difference, as well as to modify the usual dynamics of personal and social inclusion and exclusion, submitting identity to a process of dismemberment that makes the individual a complex 'informational organism'. The multiple connections between the right to be forgotten and the protection of personal identity are confirmed by the most recent developments of European legislation and, in particular, in Italian jurisprudence, which outlines it as an identity claim in order to obtain a correct representation of oneself, resulting in the guarantee offered by the legal system of reconfiguring one's telematic image. This describes an evolving and comprehensive right capable of protecting the originality of the individual and his/her representation and relationships. [ABSTRACT FROM AUTHOR]

Citizen participation among children and adolescents is key for the development of society. According to the Convention on the Rights of the Child, the legal and ethical recognition of public, education, and social policies for children is vital for ensuring an active and critical society. The aim of this research paper is to analyse the characteristics and challenges of citizen participation during childhood as an educational process. The methodology employed was a systematic review carried out using the WOS, SCOPUS, and ERIC databases, taking into account the PRISMAS 2020 protocol. The results show that the incorporation of a culture of participation in children and adolescents will guarantee the persistence of democratic systems, although there are still challenges to overcome. The conclusions suggest that it is crucial that educational institutions, families, and society as a whole commit to promoting the philosophy of citizen participation at an early age in formal and non-formal educational contexts. [ABSTRACT FROM AUTHOR]

This paper examines the ontology of artificial intelligence (AI) within the context of contemporary society. With the rapid progression of technology, the definition of legal subjects has become increasingly ambiguous, as the technological landscape continues to evolve. The orthodox perspective fails to provide adequate solutions to this problem. An alternative approach, as put forth by Visa A.J. Kurki’s bundle theory offers a potential pathway, yet AI’s intrinsic nature surpasses the minimum thresholds defined by Kurki’s model. The authors propose a periscopic model that explores the interaction between the material world and the virtual or augmented sphere, often referred to as the metaverse. This article contends that the current philosophical foundation of law is both outdated and insufficient, primarily due to the shift from singular to plural forms of agency. AI has transitioned from being purely instrumental or intermediary, as observed in Artificial Narrow Intelligence (ANI), to autonomous decision-making entities, exemplified by Artificial General Intelligence (AGI). Drawing on theoretical insights from Yuval Noah Harari, the paper underscores the need for a new conceptual framework to address AI’s lack of a material entity. In conclusion, the paper asserts that the recognition of AI as legal subjects is an inevitable development. [ABSTRACT FROM AUTHOR]

The objective of this review article, carried out within the framework of the research project entitled Level of Self-recognition and cohesion of the black and Afro-descendant communities of the little town of Rinconhondo, Municipality of Chiriguaná, is to show the historical evolution of the recognition of legal rights Colombian to the black population. It was carried out through a documentary investigation in sequence, of the norms established for this purpose and an analysis of its compliance. The reflection addresses a chronological journey from the beginnings of the republican life of the country, to the current state of the black communities. As a conclusion, it is indicated that the process of abolition of slavery and the gradual guarantee of rights to black communities in Colombia, has a fairly broad regulatory, constitutional and legal framework; However, the practical complexities entangle its implementation and effective factual materialization, starting with the discriminatory and racist mentality rooted in the Colombian cultural imaginary, the low organizational level, the weak ethnic self-recognition and exclusion, rooted in the cultural practices of some towns. [ABSTRACT FROM AUTHOR]

Despite the acceptance by African states of the principle of respect for post- -colonial borders (adopted at the Organisation of African Unity in 1964), the post-colonial period saw more than a dozen cases of separatist movements forming in Africa, seeking to create new states. In two cases, this resulted in a real change of borders – in 1993, Eritrea was created through secession from Ethiopia, and in 2011, the southern provinces of Sudan proclaimed the creation of South Sudan. Effectively, though without international legal recognition, there is Somaliland, which in 1991 proclaimed independence in the northern part of Somalia. In addition, separatist movements have occurred in the Democratic Republic of Congo (Katanga and Kasai), Nigeria (Biafra), Tanzania (Zanzibar), Cameroon (Ambazonia), Angola (Cabinda), Senegal (Casamance), Mali (Azawad). Among the causes of each of Africa’s separatisms is a confluence of local factors of a political, ethnic or economic nature. Multi-ethnicity and multiculturalism (resulting from the artificial nature of borders), low levels of socioeconomic development and dysfunctional states generate contradictions, leading to disturbances in the stability of individual countries, and their manifestation sometimes becomes the aspirations of certain social groups to achieve – in the absence of states effectively performing their functions – political independence. [ABSTRACT FROM AUTHOR]

Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Contabilidad y Dirección is the property of ACCID and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prolegómenos Derechos y Valores is the property of Prolegomenos Derechos y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article aims to explore the legal nuances and criminological implications of inheriting digital currency, highlighting the inadequacies and potential risks involved in the current legal framework. Employing induction and deduction, the study distinguishes between traditional, electronic, and digital currencies, analyzing their classifications and legal considerations. The findings indicate a lack of comprehensive legal recognition and regulation concerning the inheritance of digital currencies in Kazakhstan and globally, identifying only two legally non-contradictory methods of inheritance: by law or will, with a closed will deemed safer yet simpler. This research underscores the necessity for legislative refinement to mitigate risks and ambiguities in digital currency inheritance, offering criminological insights into the prevention of fraud and misuse in the digital inheritance process. Its practical significance lies in providing a critical analysis beneficial for Kazakhstani citizens in navigating digital currency inheritance and urging legislative bodies towards enhancing the legal framework governing digital assets. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the African Union's (AU) distinct allure to international legal scholars of African descent, charting its evolution from the post-colonial era to a comprehensive continental collaboration. The AU's departure from the limited scope of its precursor, the Organization of African Unity (OAU), is evident in its holistic approach encompassing economic development, human rights, peace, and sovereignty. It emphasizes African-led solutions, robust human rights mechanisms like the African Court on Human and Peoples' Rights, recognition of customary law, economic integration initiatives such as the African Continental Free Trade Area (AfCFTA), and advocacy for decolonisation. African lawyers are drawn to the AU's inclusive legal frameworks, engaging in legal reforms that resonate with African realities and identities. Ultimately, the AU stands as a catalyst for justice, self-determination, and holistic development, offering a platform for African legal scholars to shape a distinctly African legal landscape. [ABSTRACT FROM AUTHOR]

Copyright of Al-Manahij: Jurnal Kajian Hukum Islam is the property of UIN Saizu Purwokerto and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prawne Problemy Górnictwa i Ochrony Środowiska is the property of Wydawnictwo Uniwersytetu Slaskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The introduction of the subsidiarity principle by the Maastricht Treaty was intended to strike a balance between the Member States and the supranational level in terms of non-exclusive competences. However, the principle of subsidiarity in the current EU structure is Janus-faced: although it was theoretically included in the founding treaty to protect the lower levels, its modus operandi is actually aimed at demonstrating the supranational level’s capacity to act. Perhaps this is why the enshrinement of the subsidiarity principle in the Treaty has not lived up to expectations, and the relevant Treaty provisions have largely remained dead letters. At the same time, the need represented by the principle of subsidiarity, namely the protection of the autonomy of the Member States, remained present in European integration, which finally emerged in the concept of constitutional identity, linked to the redefined identity clause after the Lisbon Treaty. In this sense, the identity clause in Article 4(2) TEU has become the legal device or standard that is able to transfer the constitutional needs of the Member States to the level of EU law and provide the possibility for their recognition at EU level. For this to work, a cooperative approach by national constitutional courts seems essential. [ABSTRACT FROM AUTHOR]