FID Recht - Rechtswissenschaft allgemein

Rights of nature in Europe: encounters and visions

2026-06-05T11:52:07+00:00

Construction of vague legal concepts: the LEGO® experience

2026-06-04T10:05:32+00:00

Thirty years of the Unidroit Principles of international commercial contracts: lessons learned and future prospects†

2026-05-17T00:00:00+00:00

Abstract

International business transactions are subject to multiple laws in different jurisdictions. The need to access foreign laws in different languages leads to increased transaction costs and delays. Despite extensive unification efforts, uniformity remains an arduous task. The Unidroit Principles of International Commercial Contracts (PICC) are non-binding contract law principles designed to provide a neutral law for international transactions. Their 30th anniversary marked an important milestone and presents an opportunity to assess their use in practice, their influence, and their role in new frontiers of contract law. To this end, this article analyses the application of the PICC in contract drafting and dispute settlement. Furthermore, it examines the interaction of the PICC with domestic laws and international law instruments and scrutinizes some areas of tension between the PICC and English law. Finally, this article explores the possible role of the PICC in new frontiers of contract law, such as in the evolving landscape of Belt and Road Initiative agreements and emerging technology as well as their future in the ongoing unification efforts in private law and recommendations for lawmakers. It concludes that the PICC, easily accessible and flexible, contribute greatly to the availability of information on the contents of rules, while the freedom to choose the PICC promotes party autonomy and legal innovation.

Cyberattacks as grounds for liability exclusion in international sales of goods under CISG†

2026-05-17T00:00:00+00:00

Abstract

The article examines how cyberattacks influence the allocation of liability under the United Nations Convention on Contracts for the International Sale of Goods (CISG). It focuses on a scenario where a seller’s systems are breached, and the buyer receives a phishing email with altered payment details. The fundamental enquiries posed are whether the vendor must inform the buyer’s obligation or non-performance attributable to the buyer and whether the seller must inform the purchaser of the cyberattack. The analysis examines the buyer’s obligation to pay the purchase price under the Convention, discussing whether fraudulent electronic communications can modify contractual payment terms. It then analyses the potential application of the liability exemptions contained in Articles 79 and 80 of the CISG, focusing on the role of the parties’ conduct and risk allocation in cases of cyber fraud. Particular attention is devoted to relevant international case law dealing with fraudulent payment instructions and compromised electronic communications. The study also considers the obligation to mitigate damages under Article 77 of the CISG, examining its relevance in the context of cybersecurity incidents. It concludes that, while the CISG does not explicitly address cyber-fraud, its existing provisions offer a flexible legal framework for resolving such disputes. The allocation of risk largely depends on the parties’ conduct, the degree of commercial diligence exercised, and the specific circumstances of each case. The growing frequency of cyberattacks in international trade underscores the importance of contractual safeguards and proactive cybersecurity measures in cross-border commercial relationships.

The role of English public policy in promoting the circulation of electronic trade documents

2026-04-22T00:00:00+00:00

Abstract

The Model Law on Electronic Transferable Records (2017) enabled the use and transfer of electronic and digital trade documents across borders. This Model Law influenced the enactment of the 2023 Electronic Trade Documents Act (ETDA) in the United Kingdom, which is a pioneer in this regard. In implementing the Model Law, however, the UK Parliament used permissive wording and allowed significant discretion regarding the assessment of the reliability, integrity, and recognition of electronic trade documents. This has caused significant legal uncertainty that parties can deploy when they try to avoid foreign obligations. The defence of public policy is one way by which parties can try to frustrate the efficient circulation of electronic trade documents. Although English courts apply public policy within a narrow scope, they usually need to hear such applications and determine them, which can be burdensome. This article critically examines relevant provisions of the ETDA vis-à-vis the evolving technology and the lack of guidance apart from factors that the courts may consider. Detailed analysis is then provided to show how courts can circumvent or mitigate the legal uncertainty by using public policy in a positive manner. This involves a consideration of relevant policies underpinning electronic trade documents. A major argument is that there is ample scope to apply English public policy in a way that promotes the circulation of ETDs. This argument is then complemented by an examination of how mandatory rules can serve as a basis to further determine what could be saved from the foreign law, considering the vague criteria in section 2(5) of the ETDA.

Security interests in digital assets under Korean law: comparative analysis and future directions†

2026-04-22T00:00:00+00:00

Abstract

This article examines the creation, perfection, and enforcement of security interests in digital assets—such as cryptocurrencies, non-fungible tokens, and tokenized securities—under Korean law, and compares Korea’s legal framework with those of other major jurisdictions. Despite South Korea’s prominence as a cryptocurrency market and technological hub, existing Korean statutes do not expressly recognize digital assets as objects of property rights or collateral. Consequently, market participants must rely on legal analogies, such as pledging contractual claims against custodians or transferring title outright, creating significant uncertainty. This article undertakes a doctrinal analysis of Korean law, judicial precedents (most notably, the 2018 Korean Supreme Court ruling confirming that digital assets have property-like economic value), and scholarly sources. It also surveys comparative legal developments, including the USA’s creation of ‘controllable electronic records’ under its Uniform Commercial Code amendments, Japan’s workaround of pledging claims against custodians, the United Kingdom’s Property (Digital Assets etc) Act 2025, which confirms crypto-tokens as a new form of personal property, Germany’s Electronic Securities Act for dematerialized securities, and Switzerland’s Distributed Ledger Technology Act for ledger-based rights. In each jurisdiction, legislators and courts increasingly acknowledge ‘control’ of digital assets—a framework akin to possession of tangible property—as the functional basis for perfecting and prioritizing security interests (Unidroit Principles on Digital Assets and Private Law). This article concludes by proposing legislative reforms for South Korea, including: (i) explicit recognition of digital assets as property; (ii) adopting ‘control’ as a method of perfection with corresponding priority rules; (iii) expanding the Movables Security registry to accommodate digital assets; and (iv) clarifying enforcement procedures, particularly in insolvency contexts. These steps would harmonise South Korea’s secured transactions framework with global best practices, reduce legal uncertainty, and enhance the accessibility of credit secured by digital assets in a rapidly evolving financial environment.

The CISG and European sales law: Impulses for the notion of consumer and the sale of digital goods

2026-04-04T00:00:00+00:00

Abstract

This article examines the essential role of a dynamic interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) amid the challenges of digitalization and globalization. Notwithstanding the principle of an autonomous interpretation of the CISG, this comparative article analyses whether lessons from recent European legislative developments—that is, the directives on the sale of goods and digital content—may contribute to adapting the uniform (sales) law framework to modern circumstances. The article suggests that these directives may provide valuable guidance for overcoming certain interpretative challenges, particularly concerning digital goods. By relying on comparative insights, the study further highlights the need to refine the notion of consumer under the CISG in order to reduce the danger of a concurrent application of the CISG and European Union consumer law to the same contract. It also addresses the CISG’s initial focus on tangible goods, advocating for an expansion to digital goods. Through comparative analysis, the article demonstrates the possibility of applying the CISG to digital goods while, at the same time, identifying several CISG provisions requiring interpretative adaptations. The study thereby contributes to the further refinement of the CISG, ensuring that it remains relevant and effective in a rapidly evolving global market.

Harmonising liquidated damages in private and public contracts in the MENA countries: is UPICC a necessity? A comparative perspective with English case law

2026-03-24T00:00:00+00:00

Abstract

Liquidated damages (LDs) lie at the heart of every transaction and dispute, whether private–public, involving a State or a State-owned entity, or purely commercial, a private–private nature. This article tackles this theme in the specific context of the Middle East and North Africa (MENA) region, where the influence of Egyptian law—a civil law legal system—cannot be overstated. The article offers useful insights and analysis of some of the challenges that plague ‘dualist’ systems of law that distinguish between public law and private law, administrative courts and civil and commercial courts, and administrative contracts and private law contracts. The article is divided into four parts. Following an introductory section, the article is divided into four parts. The second section deals with the doctrine of penalty clauses in LDs in comparative approaches. The third offers the main objectives of harmonization of contract law principles and provides an analysis to the Unidroit Principles of International Commercial Contracts (UPICC) in LDs. The fourth provides an analysis to convergences and divergences between administrative and private contracts in Egypt and the English doctrine of LDs. Finally, the article offers concluding remarks and suggestions showing the necessity of UPICC in Egypt and the MENA region in light of punitive nature of LDs, given the reality of a clear lack of coherent uniform standards in awarding LDs in the region.

An interpretive analysis of the UNCITRAL-Unidroit Model Law on Warehouse Receipts

2026-03-19T00:00:00+00:00

Abstract

Warehouse receipts enable stored goods to be used as collateral or traded without the physical transfer of the goods. However, their legal treatment across countries varies widely, which impedes financing and trade. To address this, the United Nations Commission on International Trade Law and the International Institute for the Unification of Private Law jointly developed the Model Law on Warehouse Receipts, which was adopted in June 2024. This law provides a harmonized private law framework for the issuance, transfer, and enforcement of warehouse receipts. The law is neutral towards paper and electronic receipts, covering both, and defines the rights of holders and the obligations of warehouse operators, including negotiability, good faith acquisition, and security interests. Optional provisions enable jurisdictions that utilize dual documents, i.e., warehouse receipts and pledge bonds, to maintain this structure. This article interprets and critically discusses the harmonized rules of the Model Law, their alignment with electronic commerce standards, and its aim to enhance legal certainty, increase access to credit, reduce transaction costs, and support sustainable development in commodity trade and trade finance. The article also analyses the rationale for the Model Law, critically examines its key provisions, and discusses how effective implementation, alongside complementary regulations, warehouse licensing, and electronic registry systems, is essential for the law to deliver benefits such as improved financing for traders, reduced post-harvest losses, and greater food security. The Model Law is thus presented as a globally adaptable instrument capable of transforming warehouse receipt systems while accommodating diverse legal traditions.

Collective Wisdom Representing the Voices and Perspectives of Assessment and Improvement Thought Leaders: Theme #2, Political Influences

2026-06-04T08:08:52+00:00

Assessment Update, Volume 38, Issue 3, Page 3-14, May/June 2026.

Authentic Learning in the Fraternal Experience

2026-06-04T08:08:52+00:00

Assessment Update, Volume 38, Issue 3, Page 6-13, May/June 2026.

Benefits of Utilizing Students/Graduate Assistants in Institutional Effectiveness Work

2026-06-04T08:08:52+00:00

Assessment Update, Volume 38, Issue 3, Page 8-12, May/June 2026.

Backward Designing Continuous Improvement: Lessons from Aspen Honored Colleges

2026-06-04T08:08:52+00:00

Assessment Update, Volume 38, Issue 3, Page 10-12, May/June 2026.

Growing High‐Impact Undergraduate Research through Triple‐Helix Partnerships

2026-06-04T08:08:52+00:00

Assessment Update, Volume 38, Issue 3, Page 1-16, May/June 2026.

Challenges and Solutions: Data‐Driven Culture

2026-06-04T08:08:52+00:00

Assessment Update, Volume 38, Issue 3, Page 4-14, May/June 2026.

Abuse of Rights and Corporate Mobility: (Re)Interpreting the Role of Companies in the European Social Market

2026-06-03T22:00:00+00:00

Freedom of establishment of companies has always been a delicate area of European Union law. The challenge of achieving political consensus has delayed the harmonisation process and prompted creative adjudication. The Court of Justice of the European Union [hereinafter - C.J.E.U.], particularly in the Polbud case, just confirmed in Edil Work, has interpreted free movement broadly and allowed companies to relocate their registered offices to benefit from more favourable national laws, without relocating their economic activities. This approach raised doubts about the notion of establishment and complicated the national authorities’ ability to prevent abusive moves aimed at circumventing stakeholders’ protective legislation. Directive 2019/2121 provides a procedural framework for such a control, but lacks a definition of abuse, leaving national courts with interpretative challenges. This study explores what distinguishes legitimate establishment from its abuse and aims to create a unified model for its identification. At a general level, it expresses the long-standing clash between E.U. economic and social legal integration.

No Man’s Property Is a Normative Island: On Property Law in the Society of Equals

2026-06-04T00:00:00+00:00

Christopher Essert’s Property Law in the Society of Equals is a thought-provoking, rigorous, and eloquent manuscript that offers an explanation and justification for why the institution of property law must exist and include both private property and public property in some form. In doing so, the manuscript addresses some of the main critiques levied against private property, as well as pressing societal concerns, such as economic inequality, homelessness, and abuse of public power. Essert guides the readers through doctrinal and normative complexities masterfully, with clear and accessible language and metaphors, ensuring the manuscript’s significance and impact to a broad range of readers beyond property lawyers and private law philosophers.

X-Hacking Algorithmic Harm

2026-06-04T00:00:00+00:00

The Man of Property: Discussion of Property Law in a Society of Equals

2026-06-04T00:00:00+00:00

Property and the Sources of InequalityA Comment on Christopher Essert, Property Law in the Society of Equals (2024)

2026-06-04T00:00:00+00:00

Algorithmic Repression

2026-06-04T00:00:00+00:00

It is curious how foreign one can feel so close to home, but perhaps that should be less of a surprise given what we know of the uncanny.1¹

Owning the Problem: Can a Property System Ever Rise beyond Its Defects?

2026-06-04T00:00:00+00:00

Those Elusive Algorithmic Harms: A Comment on Bar-Gill and Sunstein, Algorithmic Harm

2026-06-04T00:00:00+00:00

Property in the Society of Equals, Through an Avocado Toast

2026-06-04T00:00:00+00:00

Comment on: Oren Bar-Gill and Cass Sunstein, Algorithmic Harm: Protecting People in the Age of Artificial Intelligence

2026-06-04T00:00:00+00:00

Reply to Abraham, Dorfman, Evans, Kreiczer-Levy, Lifshitz, and Sage

2026-06-04T00:00:00+00:00

It was a pleasure to engage with and to benefit from the thoughts of Haim Abraham, Avihay Dorfman, Vicki Evans, Shelly Kreiczer-Levy, Yael Lifshitz, and Nick Sage on my book, Property Law in the Society of Equals (PLSE), both here in print and at the in-person seminar on the book hosted by the Dickson Poon School of Law in London in May 2025. I’m particularly grateful to Yael, who organized that seminar and, with the JRLS editors, made this exchange possible. In what follows, I’ll reply to the reviewers’ comments one by one. Although each of the reviews covers a range of issues and many issues appear in more than one review, I’ll pick out one or two core points that each reviewer makes and concentrate my replies on those, with the overall aim being to clarify, refine, and develop the book’s core arguments.

Algorithmic Harm: A Response to Critics

2026-06-04T00:00:00+00:00

Abstract

In our 2025 book, Algorithmic Harm, we contend that the use of algorithms can benefit consumers in many ways (largely because of greater personalization), but that it can also cause harm in the face of information deficits and behavioral biases (again, largely because of greater personalization). Unsophisticated consumers, as we call them, are especially vulnerable to algorithmic harm. In this short response to a set of excellent comments on our book, we explore some of the benefits of personalization; some of the costs of forbidding it; some challenges, in terms of feasibility, to our preferred approaches; and the intriguing question whether and in what sense algorithms might be said to have an unconscious.

The Boundaries of a “Society of Equals”Discussion of Essert, Property Law in the Society of Equals (OUP 2024)

2026-06-04T00:00:00+00:00

The core account defended within Property Law in the Society of Equals (PLSE) is that property law, or at least a conception of “yours and mine”, is needed to allow people to engage and relate to each other on terms of equality; in other words, “property law is an essential constituent of a society of equals.”1¹ As well as elucidating this claim in philosophical terms within Part I of the work, Essert then grounds, and applies, these claims to property law doctrines in Part II. The aim being to show that “property law”, as we commonly understand it (specifically as common lawyers), is actually an articulation of the law of “yours and mine” as accounted for in the first part of the book.2² This doctrinal application of the philosophical claims made is a real strength of the work and means that the book will be of interest to a range of scholars: from those who are interested more broadly in equality and philosophical justifications/explanations of property and ownership, to doctrinal property and land lawyers. I fall within this latter category, and so my focus, in this comment, is primarily on Part II. In particular, this comment will focus on chapter four, specifically the discussions of: (i) the property torts and their importance; (ii) trespass; (iii) trespass and the boundaries of property and land; (iv) nuisance; and finally, (v) the relationship between nuisance and the boundaries of land/property. Because of this focus, I take as a given that the reader has already engaged with the other notes arising from the symposium which already helpfully draw out and discuss the more philosophical aspects of the work, or that they have read PLSE and are aware of the core argument presented.

Undergraduate legal education and the FE-1: the experience of dual examination in Ireland

2026-06-03T12:48:15+00:00

Salma Sobhan (1937–2003): the first woman legal academic in Bangladesh

2026-06-03T12:45:24+00:00

Caitlin Mollica, Agency and Ownership in Reconciliation: Youth and the Practice of Transitional Justice, Albany, NY, SUNY Press, 2024, 217 pp, pb, £23.00

2026-06-03T12:31:34+00:00

The Modern Law Review, EarlyView.

Laws, Vol. 15, Pages 50: Comparative Analysis of Healthcare Compensation Lawsuits Related to Breaches of the Duty to Inform: The Evolution of Non-Pecuniary Damages in Hungary (2008–2010 vs. 2018–2020) in a European Context

2026-06-03T00:00:00+00:00

Laws, Vol. 15, Pages 50: Comparative Analysis of Healthcare Compensation Lawsuits Related to Breaches of the Duty to Inform: The Evolution of Non-Pecuniary Damages in Hungary (2008–2010 vs. 2018–2020) in a European Context

Laws doi: 10.3390/laws15030050

Authors: Adrienn Őri Ida Ercsey Eszter Sallai Helga Judit Feith

The study examines judicial practice regarding claims for damages and non-pecuniary damages (hereinafter: NPDs) arising from violations of the duty to inform in healthcare by comparing two periods (2008–2010 and 2018–2020) in the context of patient self-determination and European trends in patient rights. The 193 final judgments selected from the Wolters Kluwer Law Database based on keyword searches underwent qualitative content analysis and quantitative processing using SPSS (Statistical Package for the Social Sciences, SPSS version 25.0). A selection criterion was that the judgment should assess on its merits whether the duty to inform had been fulfilled or violated. The real value of the adjudged compensation was compared and normalized in relation to the minimum wage (multiplied by the minimum wage) in order to reveal the actual socio-economic weight of the compensation. The results show that while in 2008–2010, the lack of information was mostly considered an additional element of professional negligence, by 2018–2020, it was recognized as a separate violation of personality rights that infringed on the right to self-determination, and the rate of complete rejection of claims for NPDs decreased. However, the increase in nominal amounts was accompanied only to a limited extent by an increase in the real value of compensation. The findings suggest that Hungarian judicial practice is moving closer to the autonomy-centred European approach, while strengthening the reparative function of NPDs—ensuring compensation that is perceptible in real terms—remains an open task.

Laws, Vol. 15, Pages 49: “He Knew the System”: Coercive Control, Legal Systems Abuse and Survivor Help-Seeking in County Durham

2026-06-03T00:00:00+00:00

Laws, Vol. 15, Pages 49: “He Knew the System”: Coercive Control, Legal Systems Abuse and Survivor Help-Seeking in County Durham

Laws doi: 10.3390/laws15030049

Authors: Demet Asli Caltekin

This article examines how domestic violence victim-survivors in County Durham, the north-east of England, experience help-seeking across criminal justice systems (CJSs) and women’s organisations. County Durham, an area recording the highest rate of repeat domestic violence incidents in England and Wales yet among the lowest rates of protective order applications, makes the gap between national reform and victim-survivors’ experiences visible. Drawing on semi-structured interviews with thirteen women who experienced domestic violence and engaged with both statutory and community-based responses, the article employs a survivor-centred analytical framework informed by scholarship on coercive control and legal systems abuse. The analysis reveals four interconnected themes: (i) coercive control as a cumulative pattern of harm (ii) the continuation and escalation of abuse post-separation across emotional, digital, administrative, and legal systems; (iii) the reproduction of powerlessness and loss of agency through evidentiary demands, procedural disempowerment, and institutional disbelief within the CJS; and (iv) the contrasting role of women’s organisations, which restore agency. Building on these findings, the article argues that the CJS do not merely fail domestic abuse survivors; they may reproduce the conditions coercive control depends on. In this context, women’s organisations function not as supplementary services but as essential sites of interruption that restore agency.

A critical review of AI in higher education: comparative insights from the legal sector

2026-06-03T11:43:20+00:00

In on the joke: humour, a law teacher and a polycultural classroom

2026-06-03T11:41:50+00:00

“Finding your people” and “building your team”: exploring professional identity

2026-06-03T11:39:36+00:00

Björn Hessert and Chui Ling Go with Jack Anderson (eds), Elgar Concise Encyclopedia of Sports Law, Cheltenham, UK; Northampton, MA, Edward Elgar Publishing, 2025, 439 pp, hb, £240.00

2026-06-02T14:28:33+00:00

The Modern Law Review, EarlyView.

The End of Self‐Regulation: Will the Football Governance Act 2025 Fix the National Game?

2026-06-02T14:10:39+00:00

The Football Governance Act 2025 is a watershed. It upends the model of self-regulation that has defined how the game has been run in England and Wales for over a century-and-a-half. The newly created Independent Football Regulator will exercise control over clubs, owners, and competition organisers. Rarely has a piece of legislation inspired so much hope, rarely has it generated so much pushback. Drawing on regulation scholarship, this article poses two sets of questions. First, what does the reform tell us about the current state of regulation in the UK, and why has this attempt at intervening in the game worked when so many previous attempts had failed? Second, can the regulator fix the ills of football and, if so, which ones?

The art of repair

2026-06-02T08:33:52+00:00

Alternative Law Journal, Ahead of Print.

From Estimation to Discrimination: Algorithmic Bias, Predictive Uncertainty, and Anti‐Discrimination Law

2026-06-01T04:20:55+00:00

Machine learning (ML) systems, increasingly deployed in high-stakes decision-making, inherently produce uncertain outputs that can lead to unlawful discrimination. This article provides the first legal analysis of how predictive uncertainty in ML systems interacts with UK anti-discrimination law under the Equality Act 2010. Employing a decision-theoretic framework, the article distinguishes between aleatoric uncertainty, stemming from irreducible randomness, and epistemic uncertainty, arising from incomplete knowledge from deliberate model design choices. While identifying and justifying aleatoric uncertainty presents a unique challenge, given its reflection of underlying, irreducible risk external to the model, it may introduce a form of indirect discrimination unique to probabilistic systems. Intentional design decisions introduce epistemic uncertainty, which can directly and indirectly cause discriminatory outcomes. Instead of assuming ML is a ‘black-box’ or evaluating solely by outputs, greater legal importance should be placed on the design choices that are embedded within ML systems. Therefore, the article contends that algorithmic discrimination introduces new challenges that current legal frameworks are ill-equipped to address while also demonstrating how some aspects of unlawful discrimination are clearer in ML settings than previously thought. It also advocates for enhanced interdisciplinary interpretation of anti-discrimination doctrine with support from proactive oversight and regulatory measures beyond individual litigation.

KI-Systeme in der Justiz: Typologisierung

2026-05-31T13:14:03+00:00

Künstliche Intelligenz (KI) hält Einzug auch in die Justiz. Dabei ist ein breites Spektrum an Anwendungen möglich. Für die Schweiz stellt sich vor diesem Hintergrund insbesondere die Frage, in welchen Erscheinungsformen solche Systeme künftig denkbar sind, welche Funktionen sie in justiziellen Abläufen übernehmen könnten und welche Herausforderungen damit verbunden wären. Eine begrifflich und systematisch belastbare Typologisierung ist für die Beurteilung dieser Fragen ein zentraler Zwischenschritt: Erst wenn hinreichend klar ist, welche Arten von KI-Systemen im Justizkontext überhaupt gemeint sind, lassen sich die damit verbundenen Chancen und Herausforderungen und insbesondere die rechtliche Erfassung präzise diskutieren. Ziel des vorliegenden Aufsatzes ist es entsprechend, eine auf den schweizerischen Kontext zugeschnittene, für verschiedene Rechtsgebiete und weitere Disziplinen anschlussfähige Typologisierung von KI-Systemen in der Justiz zu entwickeln. Sie soll Forschung und Praxis als deskriptive, strukturierende Kartierung dienen.

L'intelligence artificielle (IA) fait progressivement son entrée dans le domaine judiciaire, où un large éventail d'applications peut être envisagé. Dans ce contexte, se pose notamment, pour la Suisse, la question des formes que pourraient prendre de tels systèmes à l'avenir, des fonctions qu'ils pourraient assumer dans les procédures judiciaires et des défis qu'ils soulèveraient. Pour évaluer ces enjeux, il est essentiel de disposer d'une typologie claire et cohérente. Ce n'est qu'après avoir suffisamment défini les différents types de systèmes d'IA susceptibles d'être utilisés dans le contexte judiciaire qu'il sera possible de discuter de manière précise des opportunités, des risques et, en particulier, du cadre juridique applicable. Le présent article a pour objectif de développer une typologie des systèmes d'IA dans le domaine judiciaire adaptée au contexte suisse et compatible avec différents domaines du droit ainsi qu'avec d'autres disciplines. Cette typologie entend servir à la recherche et à la pratique comme outil descriptif et structurant.

Reconciling public service neutrality and impartiality with constitutional freedoms in the Commonwealth Caribbean

2026-05-29T12:23:37+00:00

Common Law World Review, Ahead of Print.
In the main, the Commonwealth Caribbean Constitutions, drafted in the post-colonial 1960s–1970s periods reflect an imposed colonial antecedents and institutional architecture of the British Westminster system of government because of the lack of a ...

Code to Consequences: Assessing Responsibility for International Crimes Through Automated Weapon Systems

2026-05-29T01:01:34+00:00

Asian Journal of Legal Education, Ahead of Print.
Automated weapon systems (AWS), which are fervently used in contemporary armed conflicts, have seen contentious opinions with regard to their usage and violation of international law. The aggravated usage of artificial intelligence AWS by the states and ...

From natural language to digital logic: conceptualizing ‘rules as code’ within the framework of statutory interpretation

2026-05-28T00:00:00+00:00

Abstract

When the Australian Government’s automated debt recovery system issued hundreds of thousands of unlawful payment demands to welfare recipients, the error was not computational but interpretive: the algorithm embodied a reading of social security legislation that no court would have endorsed. This controversy—the Robodebt scandal—illustrates the stakes of Rules as Code, an emerging movement to translate legislation into machine-executable form. This article argues that such translation is not a neutral technical operation but a substantive interpretive undertaking, embedding contestable judgments about statutory meaning in systems applied automatically to an indefinite number of cases. Drawing on Hart’s account of open texture and Fuller’s principles of legality, the analysis demonstrates that the computational demand for determinacy conflicts with the deliberate flexibility of legal language. Evaluative standards such as ‘reasonable’ or ‘proportionate’ resist encoding without either defeating automation’s purpose or substituting quantitative thresholds for contextual judgment—though this article proposes that hybrid norms, bifurcating provisions into computationally tractable and human-assessed components, offer a promising middle path. On the contested question of legal status, this article argues that encoded rules should be recognized as a sui generis category of administrative instrument requiring its own regulatory framework, including mandatory interpretive documentation, formal certification of equivalence, and preserved citizen challenge rights. Comparative examination of emerging safeguards in Estonia, Kazakhstan, and France reveals that no jurisdiction has achieved a fully satisfactory accountability architecture. For courts, this article argues that judicial review should extend to the encoding itself—examining whether code faithfully implements statutory requirements, not merely whether code was correctly applied to particular facts.

Laws, Vol. 15, Pages 48: Labor Shortages and Political Narratives: The Paradox of Migration in Central Europe

2026-05-29T00:00:00+00:00

Laws, Vol. 15, Pages 48: Labor Shortages and Political Narratives: The Paradox of Migration in Central Europe

Laws doi: 10.3390/laws15030048

Authors: Bernadett Solymosi-Szekeres Nóra Jakab

Central European, especially the Hungarian and Polish experiences, reveal a profound paradox, anti-immigration policy narratives, yet immigration laws and policies support reliance on migrant workforce (non-EU migrants). The question arises: why is that? The aim of this research is to examine the ways in which Poland and Hungary have managed the challenges of labor migration in the region, arising from the demographic crisis and labor shortages in the region. The research will use a socio-legal approach in the analysis of the changes in the laws of the two countries, government strategies, statistics, and political discourse in the period from 2023 to 2025. The assessment of the two countries will reveal a contrast in the political narrative and the implementation of the laws. Hungary maintains a narrative of strict migration and quotas, while at the same time liberalizing economic migration. Poland, on the contrary, has adopted a liberal yet selective migration strategy in the new laws that incorporate digital administrative tools, integration, and a points system for economic migrants. The research will reveal that both countries have moved from being net emigration countries to being net immigration countries, despite the political narrative. The research will conclude that the migration policies of the two countries have been influenced by the need to address the structural labor shortages in the region and not political ideologies. Experiences in Central Europe, specifically those of Hungary and Poland, show a unique contradiction of having anti-immigration politics and legislation providing for easier access to the countries’ borders to non-EU workers to solve problems of labor shortages. This paper will discuss the approaches of these two countries to dealing with labor migration in light of declining populations and increased need for migrant workers. Comparative socio-legal research is conducted in the course of this project, where recent legislative amendments, policies, statistics, and political discourse in relation to labor migration are reviewed within the period from 2023 to 2025. The research shows that while maintaining its conservative and securitized narrative, Hungary makes some concessions for economic migration through specific legal channels. Meanwhile, Poland has managed to build up an open and selective approach by combining labor market demands with digitization and points-based policy making. The results suggest that both nations operate in an environment of net immigration despite their official rhetoric implying otherwise. In conclusion, policies towards labor migration in Central Europe remain economic in nature, which produces contradiction between politics and reality.

Unconstitutionality

2026-05-29T08:36:50+00:00

59 Isr. L. Rev. 1 (2026)

2026-05-29T03:08:42+00:00

Issue 1

59 Isr. L. Rev. 1 (2026)

2026-05-29T03:08:42+00:00

Introduction

The West Bank as Occupied Territory: The Irrelevance of the Mandate and the Lack of Jordanian Sovereignty 59 Isr. L. Rev. 4 (2026)

2026-05-29T03:08:42+00:00

The Judiciary in Ukraine and Challenges of Wartime: The Protection of Human Rights in Extraordinary Conditions and Prospects of Restoring Military Courts 59 Isr. L. Rev. 44 (2026)

2026-05-29T03:08:42+00:00

Converting Narratives and Alleviating Constitutional Inequality through Taxation: Lessons from Conscription Disparities 59 Isr. L. Rev. 71 (2026)

2026-05-29T03:08:42+00:00

Bending the Rules: On Large Language Models and Content Moderation 59 Isr. L. Rev. 96 (2026)

2026-05-29T03:08:42+00:00

The West Bank as Occupied Territory: The Irrelevance of the Mandate and the Lack of Jordanian Sovereignty 59 Isr. L. Rev. 134 (2026)

2026-05-29T03:08:42+00:00

Corrigendum

Le droit suisse des sociétés en 2024 : Modifications législatives et jurisprudence partiellement commentée

2026-05-28T13:15:13+00:00

Cette contribution propose un aperçu des principales modifications législatives et de la jurisprudence du Tribunal fédéral (TF) de l'année 2024 en droit suisse des sociétés. La section I. revient sur les modifications législatives entrées en vigueur en 2024, tandis que les résumés de jurisprudence font l'objet de la section suivante (II.) ; les arrêts y sont classés par forme de société et les arrêts publiés au recueil des ATF précèdent les autres arrêts, qui sont classés par ordre chronologique et en fonction de la thématique traitée.

Dieser Beitrag bietet einen Überblick über die wichtigsten Gesetzesänderungen und die Rechtsprechung des Bundesgerichts (BGer) im Jahr 2024 im Schweizer Gesellschaftsrecht. Der Abschnitt I. befasst sich mit den im Jahr 2024 in Kraft getretenen Gesetzesänderungen, während die Zusammenfassungen der Rechtsprechung Gegenstand des folgenden Abschnitts (II.) sind; Die Urteile sind dort nach Gesellschaftsform geordnet, wobei die in der BGE-Sammlung veröffentlichten Urteile vor den übrigen Urteilen stehen, die chronologisch und nach den behandelten Themen geordnet sind.

Law & Culture

2026-05-27T06:24:03+00:00

Alternative Law Journal, Ahead of Print.

Protecting legitimate expectations in the interpretation of criminal law: an analysis of possible approaches

2026-05-27T00:00:00+00:00

Abstract

The legal system must provide certainty for the addressees of criminal law that their acts will not be assessed more severely than they could have been at the time when the act was committed (the lex mitior principle). At first sight, it is surprising that this guarantee is limited to statutory amendments and does not extend to the interpretation of the law. Yet, a sudden and unfavourable change in interpretation, previously widely and consistently accepted by the courts, is, from the perspective of the addressee of criminal law, not materially different from a change in the law itself. In the authors’ view, an established interpretation gives rise to legitimate expectations regarding the meaning of criminal law. Such expectations, however, are not protected in abstracto through the lex mitior principle, but only in concreto. In practice, a court may hold in an individual case that the potential offender acted under an institution of mistake of law, having been convinced that a different interpretation would apply. This study seeks to identify the rationale behind this difference in the treatment of changes in the law and changes in the interpretation. The existing approach to the protection of legitimate expectations is contrasted with alternative models, allowing for a cost–benefit analysis of their possible adoption. The analysis is grounded in Polish criminal law, which provides a useful illustration of trends widely present, at least within European criminal law.

The “Ne Bis in Idem” Principle in Serbian Criminal Law: Application, Challenges, and Supranational Influences

2026-05-26T22:00:00+00:00

This article investigates the application of the ne bis in idem principle in Serbian criminal law, with particular focus on its doctrinal interpretation and procedural challenges. While the principle has been widely discussed in international literature, limited attention has been given to its practical implementation across multiple legal proceedings—criminal, misdemeanor, economic, and disciplinary—in the Serbian legal system. This study analyzes how the principle is shaped by both international instruments and domestic constitutional and statutory frameworks. It adopts a doctrinal and case law–based methodology, focusing on the jurisprudence of the European Court of Human Rights (E.Ct.H.R.) and its influence on Serbian judicial reasoning. The findings highlight interpretative inconsistencies in Serbian courts’ application of the Engel criteria, the scope of criminal matters, the idem element, and the prohibition of duplication of proceedings. Special attention is paid to challenges arising from institutional fragmentation and overlapping jurisdictions. Ultimately, the article contributes to the ongoing scholarly discussion by identifying normative and practical gaps and proposing alignment with supranational standards. The results offer insights into Serbia’s capacity to uphold fundamental rights under the ECHR framework, with broader implications for comparative criminal procedure and European human rights law.

Consent and Gender‐Based Violence: R v Hobday

2026-05-26T13:10:41+00:00

This note analyses the Court of Appeal decision in R v Hobday in the context of the longstanding but controversial caselaw on the relevance of consent to offences of assault occasioning actual bodily harm (ABH) or above. It considers whether the vulnerabilities of victims of gender-based violence are adequately recognised by the judiciary in an area where legislation, it is argued, has fallen short.

Laws, Vol. 15, Pages 47: The Child Protection Paradox in the Criminal Laws of EU Member States: Self-Generated Sexual Images and the Limits of Criminalisation

2026-05-26T00:00:00+00:00

Laws, Vol. 15, Pages 47: The Child Protection Paradox in the Criminal Laws of EU Member States: Self-Generated Sexual Images and the Limits of Criminalisation

Laws doi: 10.3390/laws15030047

Authors: Enikő Kovács-Szépvölgyi Kata Franciska Vági

The criminal law assessment of consensual sexting between minors requires interpretation within a child-rights framework that accounts for children’s evolving capacities and the ultima ratio principle of criminal law. Although child self-generated sexual images and videos (CSGIV) may, in many jurisdictions, conceptually fall within the scope of offences relating to child pornography or child sexual abuse material (CSAM), consensual peer-to-peer sharing typically lacks the classical elements of sexual exploitation. This article provides a structured comparative overview of how the criminal law systems of the twenty-seven European Union (EU) Member States regulate consensual minor-to-minor sexting, identifying three regulatory models and assessing their compatibility with child-rights standards. The research is based on a structured comparative legal analysis drawing on the report and country reports of the second monitoring round of the Lanzarote Committee, complemented by a primary analysis of the relevant criminal law provisions of the Member States. The analytical framework relies on a coding manual developed by the authors along thematic dimensions. The findings identify three regulatory models: systems that provide explicit differentiation and safeguards; systems that formally criminalise the conduct but operate with implicit mitigation; and systems that entail a broad risk of criminalisation. The analysis reveals considerable normative fragmentation and demonstrates that the absence of explicit differentiation may expose forms of adolescent self-expression to criminal liability. The article concludes that, to comply with child-rights standards, explicit normative safeguards and a consistent application of the exceptional character of criminal law are required.

Laws, Vol. 15, Pages 46: Normalisation Between Belgrade and Pristina: Binding Force and Legal Effects of the Brussels and Ohrid Agreements

2026-05-26T00:00:00+00:00

Laws, Vol. 15, Pages 46: Normalisation Between Belgrade and Pristina: Binding Force and Legal Effects of the Brussels and Ohrid Agreements

Laws doi: 10.3390/laws15030046

Authors: Andrej Semenov

This article revisits the debate on whether the Brussels Agreement and the Ohrid Agreement, including its Implementation Annex, are legally binding. It develops a three-test framework that separates international-law binding force from EU-law legal effects. Tests A and B adapt the International Court of Justice (ICJ) indicators of animus contrahendi and acceptance through subsequent conduct, acquiescence and silence. Test C examines whether the agreements produce legal effects through EU enlargement conditionality, monitoring and reporting. The analysis finds that the treaty status of both instruments remains contestable. The Brussels Agreement is textually specific, yet intent signals are mixed, practice remains reversible and treaty-type obligation structures are weak. The Ohrid Agreement is drafted in a more treaty-like register, but references to a future “legally binding agreement” and the politics of non-signature leave inter se binding force unsettled. Nonetheless, both agreements can produce EU legal effects. They operate as enlargement benchmarks that shape assessments of Serbia’s and Kosovo’s progress, while Commission reporting and standardised compliance indicators may indirectly bind EU institutions through consistency, equal treatment and legitimate expectations.