FID Recht - Rechtswissenschaft allgemein

Enforcement of arbitrator-granted interim measures in Russia and China: challenges and reflections

2026-10-13T12:13:45+00:00

Collective Wisdom Representing the Voices and Perspectives of Assessment and Improvement Thought Leaders: Theme #4, Future Implications of Artificial Intelligence

2026-10-13T18:27:05+00:00

Assessment Update, Volume 38, Issue 5, Page 3-15, September/October 2026.

Ten AI Realities for Continuous Improvement and Assessment Professionals

2026-10-13T18:27:05+00:00

Assessment Update, Volume 38, Issue 5, Page 4-5, September/October 2026.

The Engagement Effect: Why Faculty Presence Is the Key to Online Student Success

2026-10-13T18:27:05+00:00

Assessment Update, Volume 38, Issue 5, Page 10-12, September/October 2026.

The Influence Gap: What a Year of GenAI Pulse Data Reveals

2026-10-13T18:27:05+00:00

Assessment Update, Volume 38, Issue 5, Page 1-16, September/October 2026.

Moving From Reluctance to Readiness: Relationship‐Centered Practice for Assessment Action

2026-10-13T18:27:05+00:00

Assessment Update, Volume 38, Issue 5, Page 6-14, September/October 2026.

The Holistic Competency Development Model

2026-10-13T18:27:05+00:00

Assessment Update, Volume 38, Issue 5, Page 8-13, September/October 2026.

Pedagogies of Decentring: Kautilya’s Arthaśāstra, Storytelling and the Contestation of Occidental Authority in International Law

2026-10-10T11:07:52+00:00

Asian Journal of Legal Education, Ahead of Print.
The debate on the decolonization of international law scholarship is gaining increased traction in the academic community. The stories of colonial inequalities, domination, violence, patriarchy, racism and oppression have been conveniently eliminated in ...

Economic analysis within law

2026-10-13T07:21:39+00:00

Feminist team teaching

2026-10-12T01:06:13+00:00

From classroom to career: law student internship patterns and professional continuity in Estonia

2026-10-12T01:02:20+00:00

Post‐Breach Events, Itemisation and the Avoided Loss Rule

2026-10-10T12:00:49+00:00

In English law, the following equation is used to compute damages awards: (a) loss sustained in consequence of the breach of duty (‘prima facie loss’) minus (b) benefits obtained as a result of the breach of duty = (c) net loss. This paper explores the manner in which prima facie loss is defined. It argues that prima facie losses are itemised; the description of a particular loss includes within it a reference to the transaction from which that loss arose and to the character of the loss. Further, it demonstrates that whilst a causal connection test is used to determine which gains (on the ‘b’ side of the net loss equation) are to be offset against prima facie losses on the ‘a’ side, a post-breach event which diminishes or eradicates a claimant's prima facie loss will be taken into account irrespective of any causal connection between that event and the defendant's breach of duty (or the claimant's mitigating steps). The import of this is that some of the avoided loss case law simply does not involve an application of the causal connection test and those cases are therefore irrelevant to an understanding of the normative principles underlying that test.

Yuen v Li: So What if Digital Assets are Third Things?

2026-10-10T11:54:52+00:00

Yuen v Li is the first English decision to consider the legal treatment of digital assets since the Property (Digital Assets etc) Act 2025 was enacted. The case shows that recognising digital assets as possible ‘third things’ does little to settle what legal consequences follow. In particular, it leaves unresolved whether: (i) interference with digital assets should constitute conversion, a conversion-like tort, or should attract some other form of liability; (ii) whether such liability should be strict or fault-based; (iii) how such liability can be reconciled with the rights of those who own the physical devices and ledgers through which digital assets are accessed or maintained; and (iv) how damages should be assessed in volatile and highly manipulated crypto-markets. This note argues that the central issue is not whether digital assets can be labelled property, but rather what rights that label creates, against whom, and on what terms.

Why Bulk Discount for Multiple Offenders? A Lexical Local Justification

2026-10-09T14:48:27+00:00

This paper offers an original non-consequentialist justification for the ‘bulk discount’ given to offenders who are sentenced for multiple counts in a single proceeding, a discount that is available in most jurisdictions. Existing justifications for this practice face serious objections. I propose a new account, ‘Lexical Local Justification’. On this account, imposing a long total sentence for a large number of minor offences is problematic because, in such a case, each individual sentence would materially contribute to depriving the offender of a high-order good (such as the ability to pursue a meaningful life project) that a minor offence does not warrant taking away. One advantage of my account is that it preserves local punitive desert (the principle that the punishment for a particular crime should match that crime); it relies neither on non-local punitive desert (the principle that the total punishment for a group of offences should match that group as a whole) nor on the claim that there is always an increasing returns relationship between the actual severity of a sentence and its length.

Evaluating Hong Kong's new sedition offences: The balance between safeguarding national security and protecting the freedom of expression

2026-10-08T11:14:48+00:00

Common Law World Review, Ahead of Print.
In 2024, Hong Kong enacted the Safeguarding National Security Ordinance, which repealed the British-era sedition provisions and created a new framework of sedition offences. The Ordinance expands the definition of ‘seditious intention’ and differentiates...

Reimagining Accountability and Quality Assurance in India’s Legal Aid Services Under the Legal Aid Services Authorities Act, 1987

2026-10-08T03:42:53+00:00

Asian Journal of Legal Education, Ahead of Print.
The constitutional promise of access to justice in India operationalized primarily through the legal framework established under the Legal Services Authorities Act, 1987. Existing research work has focused largely on the expansion of legal aid services ...

Reflecting on the 35th anniversary of the United Nations Convention on the Rights of the Child: introducing the special issue

2026-10-08T05:51:07+00:00

Rethinking renewable energy permitting in the light of overriding public interest and risk regulation

2026-10-07T00:00:00+00:00

Abstract

This article examines the overriding public interest model (OPIM) as a mechanism for balancing competing interests and rights. Recently introduced by European law as an emergency measure, OPIM addresses the problem of siting renewable energy plants, which represents an emblematic case of conflict among interests that hinders the deployment of renewable energy sources. This model was designed to simplify, ex ante and at the legislative level, the balancing of interests through the establishment of a rigid hierarchy of the interests at stake. In this way, it introduces an adversarial and authoritative approach to the composition of competing interests. After highlighting the limitations of this legislative innovation, this article argues that the OPIM cannot be conceived outside a risk-based regulatory framework, where the relationship between the two models is one of genus and species. Only from this perspective can the scheme truly overcome its limits and be effectively replicated in both public and private law disputes to protect particularly significant interests. Indeed, just as risk regulation applies in both private and public law, OPIM can also be extended to private law, since what matters is the way private activities are framed, transcending sectoral boundaries. Drawing specifically on evidence from the application of risk regulation in private law, this article identifies a set of tools for refining the model: structured information exchange and early participation during the planning phase; risk-sensitive territorial differentiation of permitting requirements; graduated enforcement, including forms of risk rating, linked to the conduct of project proponents; and cooperative remedies that favour project adjustment over annulment and adversarial dispute resolution.

Constitutional effectiveness: the case of Germany’s basic law. Dieter Grimm

2026-10-07T00:00:00+00:00

Constitutional effectiveness: the case of Germany’s basic law. GrimmDieter, Hart Publishing. 2026. 233pp. €112.46. Hardback. ISBN 978-1-50998-889-1.

The impact of artificial intelligence on legal practice: enhancing the work of lawyers

2026-10-06T11:51:42+00:00

The New Zealand general anti-avoidance rule: section BG 1 of the Income Tax Act 2007—a technical analysis

2026-10-06T00:00:00+00:00

Abstract

This article undertakes an analysis of the New Zealand general anti-avoidance rule (GAAR) in section BG 1 of the Income Tax Act 2007, with a focus on the role of the courts in tax avoidance cases and the correct interpretive framework governing its application. Drawing on the legislative history of the GAAR and its antecedents, including the 1974 amendments to section 108 of the Land and Income Tax Act 1954, this article contends that Parliament intended to codify the approach articulated in Newton v FCT [1958] AC 450 and applied in Elmiger v CIR [1966] NZLR 683. This approach is reflected in a structured four-step analytical framework: (i) identification of the relevant arrangement; (ii) determination of whether tax avoidance has occurred; (iii) assessment of whether tax avoidance is a more than incidental purpose or effect; and (iv) consideration of whether specific statutory provisions (tax expenditures) indicate a legislative intention to permit the taxpayer’s chosen course of action. This article further argues that courts are bound to apply legal form rather than economic substance when characterizing transactions. By reaffirming the primacy of the Newton/Elmiger model supported by decisions in the Supreme Court, the authors demonstrate that a coherent and principled framework for applying the GAAR already exists. Therefore, we challenge the increasing judicial reliance on economic substance and the ‘Parliamentary contemplation test’ (PCT), as articulated in recent Supreme Court decisions. The authors argue that these developments depart from established principles of stare decisis and the statutory scheme of the income tax legislation. This article concludes that recent jurisprudence has produced conceptual inconsistency in the application of section BG 1 and calls for legislative clarification to restore alignment with the original policy intent underlying the GAAR.

Gefährliche Liebe: Die KESB im Kampf gegen Romance Scam

2026-10-05T13:12:56+00:00

Romance Scam stellt den Erwachsenenschutz vor eine besondere Herausforderung. Die Betroffenen sind kognitiv unbeeinträchtigt, handeln aber fortgesetzt unter gezielter emotionaler Manipulation selbstschädigend. Der Beitrag zeigt anhand zweier kantonaler Entscheide, dass der dogmatische Schlüssel nicht bei der Urteilsfähigkeit (Art. 16 ZGB), sondern beim Schwächezustand und dem daraus folgenden Schutzbedarf (Art. 390 Abs. 1 Ziff. 1 ZGB) liegt. Eine soziologische Analyse von symbolischem Kapital, Scham und moralischer Gewalt erklärt, weshalb behördliche Hilfe häufig als Übergriff erlebt wird. Darauf aufbauend werden drei Instrumente entwickelt: die Narrative Triage zur Einstufung der Gefährdung, die Sandbox-Ausgestaltung der Mitwirkungsbeistandschaft (Art. 396 ZGB) als befristeter, rückbaubarer Autonomiespielraum und der Third Space als neutraler Reflexionsraum. Abschliessend werden die Schnittstelle zu den Banken und die Ausweichstrategien der Täterschaft untersucht.

Le « romance scam » (arnaque aux sentiments) confronte la protection de l'adulte à un défi particulier. Les personnes concernées ne présentent aucune atteinte cognitive, mais adoptent de manière continue des comportements auto-dommageables sous l'effet d'une manipulation émotionnelle ciblée. À l'appui de deux décisions cantonales, la contribution montre que la clé dogmatique ne réside pas dans la capacité de discernement (art. 16 CC), mais dans l'état de faiblesse et le besoin de protection qui en découle (art. 390 al. 1 ch. 1 CC). Une analyse sociologique du capital symbolique, de la honte et de la violence morale explique pourquoi l'aide des autorités est fréquemment vécue comme une intrusion. Sur cette base, trois instruments sont développés : le triage narratif (« Narrative Triage ») permettant de classer le degré de mise en danger ; l'aménagement de la curatelle de coopération (art. 396 CC) en « sandbox », c'est-à-dire comme un espace d'autonomie limité dans le temps et réversible ; ainsi que le « Third Space » comme espace de réflexion neutre. Enfin, l'interface avec les banques et les stratégies de contournement des auteurs des faits sont examinées.

For Women Scotland v Scottish Ministers: The Wrong Question

2026-10-02T01:07:02+00:00

The Doctrine of State Necessity

2026-10-02T04:34:33+00:00

This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect significant parts of the legal order. The article reconstructs the doctrine as a limited, temporary and conditional remedy for situations of constitutional paralysis or systemic legal invalidity. It argues that state necessity should be distinguished both from other cases of emergency law and from a general ‘doctrine of necessity’. The article questions the central theoretical grounds that are offered in the case law and literature in support of the doctrine, such as those based on special executive powers, on analogies with the necessity defence, or on a broader supra-constitutional ‘law of necessity’. It argues that the doctrine should be understood as a doctrine of constitutional law shaped within the tradition of equity. On that account, the doctrine functions as a limited corrective in exceptional cases of constitutional deadlock in order to preserve the legal order without displacing the constitution itself.

Technical Breaches of Procedural Fairness

2026-10-01T04:46:45+00:00

Spontaneity and authorship: a Kantian account of human authorship in copyright law

2026-10-01T11:22:32+00:00

Exploring the province of legislation: theoretical and practical perspectives in legisprudence. Francesco Ferraro and Silvia Zorzetto (eds)

2026-09-30T00:00:00+00:00

Exploring the province of legislation: theoretical and practical perspectives in legisprudence. Legisprudence Library, Volume 9. FerraroFrancescoZorzettoSilvia (eds), Springer. 2022. 241pp. £139.99. ISBN 978-3-030-87261-8.

Consideration Without Economic Duress: Reframing the Analysis of Contractual Modifications

2026-09-29T08:45:18+00:00

Prevailing approaches to the contractual enforceability of modifications revise or dispense with the requirement of consideration and invoke economic duress to rule out unfair, inequitable, or bad faith modifications. Enforceability turns effectively on the absence of economic duress. But economic duress is a doctrine of avoidance. It does not answer the contractually prior step of whether a modification satisfies the general requirements for contract formation. This article develops an alternative approach which satisfies the requirements for contract formation, most importantly consideration, while ensuring that only fair and reasonable modifications in ongoing transactions are thereby validated. It has been overlooked by current approaches starting from incorrect assumptions about the scope of the pre-existing duty rule and failing to integrate decisions that provide definite grounds for enforcing even one-sided modifications on a basis that does not conflict with the duty rule. There is no need to revise or dispense with consideration for modifications. Further, this analysis of contract formation addresses the concerns that have motivated courts to resort to economic duress. Being fully consonant with general principles of contract law and applicable to all modifications, the proposed approach provides a sounder and more complete framework for assessing their contractual enforceability.

The Tameside Duty Examined

2026-09-29T03:51:06+00:00

65 Int'l Legal Materials vi (2026)

2026-09-30T03:08:47+00:00

Issue 4

65 Int'l Legal Materials vii (2026)

2026-09-30T03:08:47+00:00

Foreword

Advisory Opinion AO-32/25 Requested by Chile and Colom. - Climate Emergency & H.R. (Inter-Am. Ct. H.R.) 65 Int'l Legal Materials 519 (2026)

2026-09-30T03:08:47+00:00

International Legal Documents

Advisory Opinion on Obligations of States in Respect of Climate Change (I.C.J.) 65 Int'l Legal Materials 789 (2026)

2026-09-30T03:08:47+00:00

International Legal Documents

Convention on the Protection of the Environment through Criminal Law (Council Eur.) 65 Int'l Legal Materials 891 (2026)

2026-09-30T03:08:47+00:00

International Legal Documents

65 Int'l Legal Materials 911 (2026)

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Briefly Noted

65 Int'l Legal Materials 914 (2026)

2026-09-30T03:08:47+00:00

United Nations Security Council Resolutions

Limiting the High Court's Inherent Jurisdiction over Children: Re X and Y (Adoption Order: Setting Aside)

2026-09-28T12:02:04+00:00

The Supreme Court in Re X and Y (Adoption Order: Setting Aside) confirms that there is no power under the High Court's inherent jurisdiction to set aside a properly made adoption order, even if the child's welfare would be better served by un-doing the adoption. However, the importance of the case goes far beyond adoption, and raises challenging questions for the current renaissance that the inherent jurisdiction is experiencing, both in relation to children and in relation to incapacitous and so-called ‘vulnerable’ adults. This note argues that Re X and Y represents the clearest modern articulation of constitutional limits on the High Court's inherent jurisdiction, and that a proper application of those limitations would significantly curtail other current uses of the inherent jurisdiction by the Family Division of the High Court. Important questions are raised about the constitutional appropriateness of the High Court's current uses of its inherent jurisdiction, including – as in Re X and Y – the extent to which that jurisdiction in fact exists.

Intellectual Property Restitution

2026-09-27T13:41:27+00:00

In Europe, open GLAM movements and cultural restitution reforms are overlooking a crucial aspect that should not be underestimated: what should happen to the archival materials, digital collections and intellectual property that are indelibly linked to cultural property. Left unresolved, new inequities will emerge around who can own, access, use, control and commercialise the heritage for decades. The effect is to conflate layers of discrete rights in the underlying item and knowledge it contains, securing to possessors a double monopoly over the digital and physical heritage. To redress this in both practice and legal reforms, this article argues that the focus on restitution must expand from one on cultural property to one on intellectual property to include a wider range of heritage assets. Given that these materials largely fall within private law, this means the possessor's ability to return such heritage is not dependent on public law reform; restitution can begin now.

Supreme Court overrules its own 2014 decision in “Cheshire West” to reshape deprivation of liberty law

2026-09-28T09:56:09+00:00

A retrospective on the VAT on private school fees litigation: 10 things that are wrong with the Article 1, Protocol 1 analysis in R. (ALR) v Chancellor of the Exchequer and R (BYL) v Chancellor of the Exchequer [2026] EWCA Civ 170

2026-09-28T09:38:29+00:00

Interpreting assent: constitutional text, temporal limits, and the scope of executive power under Article 200

2026-09-28T00:00:00+00:00

Abstract

The article discusses the meaning and interpretation of Article 200 of the Constitution of India in relation to the executive powers while exercising the power of assent. The provision has been in controversy because it does not impose any specific time limit on the Governor’s assent to bills, which paves the way for prolonged inaction. A main interpretive issue here is whether it is inherent within Article 200 to limit the long delays. This article analyses the substantive provision of Article 200 with its provisos, the relationship which is explored by a single organizing proposition: the Closed Sequential Constitutional Mechanism (CSCM). The CSCM suggests that the Governor’s constitutionally recognized courses are limited and follow a prescribed sequence. The CSCM is applied to three connected manifestations of the same structural problem: indefinite inaction, reservation after reconsideration and repassage, and the temporal obligation to move the constitutional process forward. These are treated as applications of the framework rather than as independent constitutional controversies. These propositions are examined in the backdrop of the decision in State of Tamil Nadu v Governor of Tamil Nadu.

Ensuring "The Right to Live in the World": The Right to Repair Powered Wheelchairs

2026-09-25T23:59:28+00:00

Twenty-seven years ago, in Olmstead v. L.C., the Supreme Court held that improperly institutionalizing people with disabilities is a form of unlawful discrimination. In doing so, the Court acknowledged that people with disabilities have a right to live free from confinement. Yet today, repair restrictions and outdated Medicare standards combine to threaten powered-wheelchair users' ability to live out in the world. Some states have responded by passing right-to-repair laws, which require powered-wheelchair manufacturers and suppliers to provide the resources necessary for more accessible and more timely repairs. This Note analyzes these state laws in the context of previous right-to repair solutions—national memoranda of understanding regarding farm equipment and motor vehicles, and state laws addressing the repair of consumer electronics. This Note proceeds by examining the most effective way to guarantee the right to repair powered wheelchairs going forward. More robust state repair laws, combined with more realistic Medicare standards, will ensure powered-wheelchair users have a right to live in the world.

Journal Staff

2026-09-25T23:59:28+00:00

Private Equity for All: The Paradoxical Push to Democratize Private Markets

2026-09-25T23:59:27+00:00

The recent push to open private equity and other private assets to retail investors represents one of the most profound changes to U.S. capital markets in decades. This "retailization" effort is often framed as an overdue democratization of superior investment opportunities. Indeed, private equity has long been viewed as special, both for its market-beating returns and its success in making companies more profitable. Yet it has historically been off-limits to retail investors.

This Article argues that the push to democratize private equity is subject to a glaring paradox: Expanding access to private equity undermines the very benefits that access aims to deliver and the very features that purportedly make private equity special. The democratization narrative has it backward. Retailization erodes private equity's famed advantages in investor performance and corporate efficiency while subjecting retail investors to new risks and altering the private markets beyond recognition.

The debate has become urgent. Private asset managers are hard at work selling products that thread the needle of the securities laws to target retail investors while the executive branch is pushing for private assets to be included in Americans' 401(k) plans. Steering retirement savers away from low-cost index funds toward products that mask high fees and illiquidity and that yield vastly disparate outcomes represents a step backward in the design of our retirement system, an unearned windfall for private asset managers, and a loss for long-term economic performance.

Patronage Pardons

2026-09-25T23:59:27+00:00

Abuse of presidential pardon power is taking a new and frightening turn. The Donald Trump administration is using clemency, including pardons, to signal impunity to regime allies contemplating misconduct. Such clemency has a predictable effect: it induces loyalist crime by reducing the expected penalty. "Patronage pardoning" refers to the clemency practices that power this loyalty-for-protection exchange. Those practices pose a grave threat to the rules-based constitutional order, and they are the subject of this Article.

Some historical observations predicate the diagnostic and prescriptive arguments that come later. Most importantly, the Framers concentrated federal pardon power in the president because they believed that impeachment and infamy would deter wholesale abuse. The Supreme Court has long acquiesced to the Framers' vision, fortifying the presidential power against legislative regulation and judicial review. The preferred concentration always entailed some corruption, but the corrupt pardons of earlier eras were sources of shame—not carefully staged communication to the broader political community.

Patronage pardoning is different, as its central function is to broadcast the return on loyalty. The clearest example is clemency for the January 6 insurrectionists, but the Trump administration has used pardons before and since to publicly communicate its willingness to use power to protect allies. That communication induces loyalist crime from civilians and federal officers alike, which threatens the rule of law. There are aggravating conditions, too: (1) political polarization extinguishes the checking effect of impeachment and infamy; (2) corrupt pardons now seem constitutionally exempt from prosecution; and (3) there is a vicious cycle in which offending begets more leverage and leverage begets more offending.

There is no magical response because concentrated pardon power is too encased in the American constitutional tradition. There are nevertheless three broad strategies to minimize damage to the rules-based order. First, the states should be positioned and encouraged to prosecute conduct that also forms federal offenses. Second, to corral intransigent federal officials, courts should lean into civil contempt power. Third, and particularly with respect to misconduct in the District of Columbia, there ought to be a credible threat of civil penalties.

Consent, burdens, and barriers: The missing link in Ghanaian rape law and survivors’ rights

2026-09-25T04:02:24+00:00

Common Law World Review, Ahead of Print.
This article examines how rape law in the United Kingdom and Ghana deals with consent and how rules on proof affect victims’ access to justice. It argues that evidential rules are not just technical; they shape whether cases lead to accountability. In the ...

Navigating a sea of competing claims: The dual blockade of the Strait of Hormuz and the limits of international law

2026-09-24T12:51:36+00:00

Common Law World Review, Ahead of Print.
The 2026 crisis in the Strait of Hormuz has opened a new chapter in the ongoing battle between coastal-state authority and freedom of navigation. It is a legal issue for which the existing international framework is silent. Iran's choice to impose tolls ...

Engaging with engagement: analysing the formation of promises, contracts and voluntary obligations in Scots law

2026-09-23T10:55:35+00:00

From conceptualization to draft: evaluating the draft Endometriosis Bill in Trinidad and Tobago against Thornton’s drafting process

2026-09-23T00:00:00+00:00

Abstract

This study evaluates the legislative preparedness of the draft Endometriosis Bill by analysing its conformity to Thornton’s five-stage drafting process. Utilizing an ex ante evaluation, this study examines how effectively the draft translates policy objectives into a formal statutory framework in a small jurisdiction without a prior legislative response. The findings indicate that whilst the draft Bill demonstrates notable strengths, including a modern drafting style, conventional structure, legislative permanence, enforceability, and constitutional coherence, it only partially conforms to Thornton’s framework. A critical ‘snowballing’ of deficiencies was identified, originating from inadequate drafting instructions and a lack of functional separation between policy development and legislative drafting. These early-stage weaknesses have resulted in imprecise objectives and horizontal coherence issues that may generate legal uncertainty. The study concludes that whilst the Bill provides a meaningful ‘legislative anchor’ for endometriosis governance, its technical deficiencies must be addressed to ensure its effectiveness as a tool for long-term reform. This research contributes to legislative drafting scholarship by demonstrating the decisive role of instructional clarity in shaping the trajectory of first-instance public health legislation in the early stages.

The problem of possession: on Section 3 of the Prevention of Money Laundering Act, 2002

2026-09-23T00:00:00+00:00

Abstract

Section 3 of the Prevention of Money Laundering Act, 2002 defines the offence of money laundering in India. At the time of its enactment, the offence required a person to project proceeds derived out of crime as untainted monies. The provision, however, was amended in 2019 to remove this requirement and expand the scope of this definition to include the concealment, possession, acquisition, or use of proceeds derived from crime. This definition was subsequently upheld by the Supreme Court of India in 2022 in Vijay Madanlal Choudhary v Union of India. This article argues against the criminalization of the mere possession of proceeds of crime as money laundering. The primary claim of this article is that such criminalization erodes the foundational distinction between the offence of money laundering and the predicate offence that exists prior to money laundering. Particularly, this article seeks to establish that Section 3 presupposes a two step process to money laundering, and the criminalisation of mere possession amounts to the criminalisation of an artifical act. The erosion of such a principle, too, cannot stand as it would otherwise raise several inconsistencies within the Act and attract double jeopardy under the Indian Constitution. Additionally, drawing on jurisprudence from the United States, the article also highlights certain issues concerning the criminalization of the ‘use’ of proceeds of crime.

Legal rights and the institutional imagination

2026-09-23T09:33:28+00:00

Law and the limits of jurisprudence

2026-09-23T07:20:10+00:00

Left unprotected: Animal welfare law reform and the enforcement gap

2026-09-21T06:25:17+00:00

Alternative Law Journal, Ahead of Print.
Companion animal ownership in Australia is at record levels, yet neglect and cruelty remain widespread. In Queensland, enforcement of companion animal protection operates through a polycentric regulatory model involving the Department of Primary ...

Current problematic aspects of EU law: a perspective from Czech practice

2026-09-19T00:00:00+00:00

Abstract

This article examines emerging horizontal trends in European Union (EU) legislation that increasingly complicate the implementation of EU law in the Member States. While linguistic ambiguity and structural deficiencies of individual legal acts remain persistent issues, the paper argues that the most significant challenges today arise from three cross-cutting features. First, recent EU regulations have become longer, more complex, and more hybrid in nature, frequently resembling directives in that they require national procedures, sanctions, or institutional frameworks, which undermines the principle of direct applicability. Secondly, the growing reliance in EU legislative acts on subsequent delegated and implementing acts of the European Commission leaves core regulatory elements incomplete at the time of adoption, producing legal uncertainty, shortening national implementation timelines, and often placing Member States at the very limits of their constitutional frameworks when attempting to transpose vague or incomplete provisions. Thirdly, the expanding influence of soft law—guidelines, technical standards, and other documents issued by the European Commission or EU agencies—blurs the boundary between binding and non-binding rules, effectively reshaping obligations without democratic scrutiny or proper publication. These horizontal tendencies weaken legal certainty, complicate national legislative processes, and undermine the ability of individuals to rely on EU law. The article concludes that improving regulatory clarity requires constraining excessive reliance on regulations resembling directives, derived Commission legislation, and soft law instruments, as these trends currently hinder the coherent and effective coexistence of EU and national legal orders.

‘Relational epistemology and living law: an analysis of circles of women in Poland.’

2026-09-18T07:44:53+00:00

Rethinking defamation cases over sexual assault allegations: feminist reflections on Lehrmann v Network Ten

2026-09-18T07:01:02+00:00

The development of rules of interpretation in uniform sales laws

2026-08-13T00:00:00+00:00

Abstract

This study reviews and compares different sources of uniform substantive law on international sales and contracts, providing an overview of the methods developed to interpret them over the past nine decades. This historical approach helps us to understand the challenges of interpretation. Have uniform law instruments established a common solution for interpreting them? Have they learned from each other? They have gradually addressed the issue of interpretation by developing governing rules and shifting the focus away from the definition of specific legal concepts towards more abstract principles, such as the international character of the instrument. The regulatory approach of the Vienna Sales Convention has been the most influential in this area. However, these methods of interpretation were further refined in the Unidroit Principles and the Draft Common European Sales Law. Finally, the new perspectives offered by artificial intelligence-supported interpretation are briefly mentioned. The author would like to pay tribute to Unidroit on its 100th anniversary with this overview of legal development.

The interpretation of transnational law: an approach

2026-08-13T00:00:00+00:00

Abstract

Transnational law and its areas should not and cannot be treated in isolation, or at least not in absolute isolation, from public international law and the technique of conflict of laws. The concept of interpretation connects the above-mentioned three disciplines, both through process and through concept. This article explores how interpretation, through the so-called ‘choice of assemblage clauses’, operates in transnational situations, where various actors mobilize—through contracts, treaties, customs, and practices—rules, rules of law, general principles of law, or principles of international law and processes. All these actors and rules, rules of law, general principles of law, or principles of international law and processes encourage scholars to understand transnational law as a legal or legal-like assemblage, where the same concept is shared by transnational, international, and domestic normativity or where various sources become components of new governing law applicable to particular frameworks. This type of clause suggests the need to build a conceptual brotherhood between transnational law, public international law, and the technique of conflict of laws.

Le droit des transports internationaux: un champ d’expression privilégié du droit matériel

2026-08-08T00:00:00+00:00

Abstract

International transport law is known for being one of the forerunners in the promotion of substantive rules. From the very beginning of transport, international legislators chose for substantive rules to avoid conflicts of laws and jurisdictions, which lead to confusion and uncertainty. This methodology of private international law, preferring directly applicable substantive rules, has prevailed in all methods of transport : air, sea, river, road, and rail. International transport law has served as a laboratory for the promotion of these rules, which provide legal certainty and predictability, unlike conflict-of-laws rules. However, substantive rules do not cover all aspects of international transport. Reservations in the ratification of substantive transport law conventions by states and the delay of certain points to domestic law limit the scope of these rules. This study aims to demonstrate the reasons for choosing the substantive method in transport law and its limitation.

Micro private international law and transnational harmonization: ISDA as a private international law institution

2026-07-22T00:00:00+00:00

Abstract

This article examines the emergence of micro private international law (micro PIL)—a form of privately generated, sector-specific transnational legal ordering that performs core functions traditionally associated with PIL. Traditional PIL has been understood as a public law discipline concerned with conflicts of laws, jurisdiction, and the recognition and enforcement of judgments, developed primarily through courts, legislatures, and international organizations such as the the the International Institute for the Unification of Private Law, the United Nations Commission on International Trade Law, and the Hague Conference. In many globally integrated markets, however, these functions are increasingly supplied by private actors through standardized contractual documentation, protocols, and interpretive practices. The article argues that micro PIL, an increasingly important component of transnational economic governance, supplements, interacts with, and sometimes displaces traditional PIL. The analysis is developed through a detailed examination of the International Swaps and Derivatives Association (ISDA) and its role in the global over-the-counter derivatives market. Micro PIL regimes generate substantive harmonization, coordinate choice-of-law outcomes, reduce conflict, exercise interpretive authority, and facilitate cross-border enforceability. This occurs through widespread contractual adoption, network effects, technical expertise, and regulatory incorporation rather than from treaties or formal State delegation. Section I develops the concept of micro PIL and situates it within existing scholarship on transnational legal ordering and private governance. Section II analyses ISDA as a paradigmatic micro PIL institution that, through its Master Agreement, definitional texts, protocols, legal opinions, interpretive guidance, determinations committees, judicial engagement, and sustained interaction with regulators and international organizations, performs the functional work of PIL for global derivatives markets. These activities collectively produce a harmonized transnational legal regime that coordinates governing law, allocates risk, and integrates with domestic legal systems. Section III examines the legitimacy of ISDA as a micro PIL institution through a multidimensional framework encompassing four dimensions of legitimacy: input, procedural, output, and legal systemic.