This article explores the intersection of dark patterns — deceptive design practices that manipulate user behavior—with children’s digital experiences, examining how universal cognitive vulnerabilities intersect with context-specific susceptibilities. After reviewing scholarship on dark patterns and synthesizing fragmented empirical research on children’s encounters with manipulative design, the article applies Mathur, Mayer, and Kshirsagar’s (2021) normative framework to assess harms across individual welfare, collective welfare, regulatory objectives, and autonomy in children’s contexts. Drawing on vulnerability theory, children’s rights instruments, and childhood studies, it situates children within this taxonomy to clarify how developmental characteristics and relational dependencies shape exposure to manipulation in digital environments. Children constitute a particularly revealing analytical lens for understanding digital vulnerability: while developmental characteristics heighten their exposure to manipulation, dark patterns exploit cognitive features universally shared. By engaging both particularist and universalist accounts, the article argues that protective measures developed with children in mind may establish baseline standards addressing digital vulnerability more broadly.
تأتي هذه الدراسة في ظل تصاعد دعوات كثيرة من أجل إصدار قانون جديد لتنظيم الإدارة المحلية في مصر، نظرًا لأن القانون الحالي ( قانون رقم 43 لسنة 1979) لم يعد مواكباً لما جاء بالدستور الجديد ( دستور 2014 ) من صلاحيات جديدة ودعم صريح للامركزية و ترسيخ لديمقراطيتها و تعزيز لصلاحياتها .و تستعرض هذه الدراسة تاريخ الإدارة المحلية في مصر، مع التركيز على انتخابات المجالس المحلية خلال فترة حكم الرئيس الأسبق حسني مبارك ، وهي فترة غنية بالتفاعلات السياسية وشهدت عدة استحقاقات انتخابية محلية وقرارات بشأنها لم تتناولها دراسات سابقة بشكل كافٍ ، وقد استخدمت الدراسة المدخل التاريخي وذلك سعياً لحصر السلبيات والإستفادة منها وكذا الوقوف على مواضع القوة فى تجربة " إدارة المحليات " فى مصر بشكلها الحديث ومفهومها المعاصر عبر قرابة قرن كامل من الزمان ، سعيا للوصول إلى نتائج علمية يمكن أن نستقرأ منها توصيات فاعلة فى حالات مماثلة للدول النامية أو حديثة العهد بالتعددية السياسية والحريات والديمقراطية فى إدارة الأقاليم ..
The prospect of artificial superintelligence -- AI agents that can generally outperform humans in cognitive tasks and economically valuable activities -- will transform the legal order as we know it. Operating autonomously or under only limited human oversight, AI agents will assume a growing range of roles in the legal system. First, in making consequential decisions and taking real-world actions, AI agents will become de facto subjects of law. Second, to cooperate and compete with other actors (human or non-human), AI agents will harness conventional legal instruments and institutions such as contracts and courts, becoming consumers of law. Third, to the extent AI agents perform the functions of writing, interpreting, and administering law, they will become producers and enforcers of law. These developments, whenever they ultimately occur, will call into question fundamental assumptions in legal theory and doctrine, especially to the extent they ground the legitimacy of legal institutions in their human origins. Attempts to align AI agents with extant human law will also face new challenges as AI agents will not only be a primary target of law, but a core user of law and contributor to law. To contend with the advent of superintelligence, lawmakers -- new and old -- will need to be clear-eyed, recognizing both the opportunity to shape legal institutions as society braces for superintelligence and the reality that, in the longer run, this may be a joint human-AI endeavor.
Dalal Alrajeh, Vesna Nowack, Patrick Benjamin
et al.
Investigating serious crimes is inherently complex and resource-constrained. Law enforcement agencies (LEAs) grapple with overwhelming volumes of offender and incident data, making effective suspect identification difficult. Although machine learning (ML)-enabled systems have been explored to support LEAs, several have failed in practice. This highlights the need to align system behavior with stakeholder goals early in development, motivating the use of Goal-Oriented Requirements Engineering (GORE). This paper reports our experience applying the GORE framework KAOS to designing an ML-enabled system for identifying suspects in online child sexual abuse. We describe how KAOS supported early requirements elaboration, including goal refinement, object modeling, agent assignment, and operationalization. A key finding is the central role of data elicitation: data requirements constrain refinement choices and candidate agents while influencing how goals are linked, operationalized, and satisfied. Conversely, goal elaboration and agent assignment shape data quality expectations and collection needs. Our experience highlights the iterative, bidirectional dependencies between goals, data, and ML performance. We contribute a reference model for integrating GORE with data-driven system development, and identify gaps in KAOS, particularly the need for explicit support for data elicitation and quality management. These insights inform future extensions of KAOS and, more broadly, the application of formal GORE methods to ML-enabled systems for high-stakes societal contexts.
Wild animals need special attention because of their significance from the environmental,ecological, genetic, scientific, recreational, cultural, educational, social and economic points ofview. There are numerous international instruments and documents in the field of internationalwildlife law (IWL). Among them, there are three well-known instruments namely the Ramsar,Bonn, and CITES Conventions. In the present piece, these Conventions are studied comparativelyin order to find out their approaches toward the protection of wildlife. In doing so, the author,first and foremost, provides a brief overview of these Conventions. Thereafter, their approachestoward wildlife protection would be analyzed. The methodological approach of this researchincludes analysis of wildlife protection through descriptive and normative explanation of theRamsar, Bonn, and CITES Conventions. According to the findings of this study, reasonable andwise use of wetlands (the approach of the Ramsar Convention), special attention to migratorybirds (the approach of the Bonn Convention), and the regulation of international wildlifetrade (the approach of CITES) are three main and prevalent approaches in these instruments.Furthermore, it appears that CITES has played a more important and effective role in IWL andprotection of wildlife. It is due to the fact that this Convention has more operative tools and itsState Parties have undertaken more extensive and practical obligations.
The integration of artificial intelligence (AI) into telecommunications infrastructure introduces novel risks, such as algorithmic bias and unpredictable system behavior, that fall outside the scope of traditional cybersecurity and data protection frameworks. This paper introduces a precise definition and a detailed typology of telecommunications AI incidents, establishing them as a distinct category of risk that extends beyond conventional cybersecurity and data protection breaches. It argues for their recognition as a distinct regulatory concern. Using India as a case study for jurisdictions that lack a horizontal AI law, the paper analyzes the country's key digital regulations. The analysis reveals that India's existing legal instruments, including the Telecommunications Act, 2023, the CERT-In Rules, and the Digital Personal Data Protection Act, 2023, focus on cybersecurity and data breaches, creating a significant regulatory gap for AI-specific operational incidents, such as performance degradation and algorithmic bias. The paper also examines structural barriers to disclosure and the limitations of existing AI incident repositories. Based on these findings, the paper proposes targeted policy recommendations centered on integrating AI incident reporting into India's existing telecom governance. Key proposals include mandating reporting for high-risk AI failures, designating an existing government body as a nodal agency to manage incident data, and developing standardized reporting frameworks. These recommendations aim to enhance regulatory clarity and strengthen long-term resilience, offering a pragmatic and replicable blueprint for other nations seeking to govern AI risks within their existing sectoral frameworks.
Algorithmic decision-making and similar types of artificial intelligence (AI) may lead to improvements in all sectors of society, but can also have discriminatory effects. While current non-discrimination law offers people some protection, algorithmic decision-making presents the law with several challenges. For instance, algorithms can generate new categories of people based on seemingly innocuous characteristics, such as web browser preference or apartment number, or more complicated categories combining many data points. Such new types of differentiation could evade non-discrimination law, as browser type and house number are not protected characteristics, but such differentiation could still be unfair, for instance if it reinforces social inequality. This paper explores which system of non-discrimination law can best be applied to algorithmic decision-making, considering that algorithms can differentiate on the basis of characteristics that do not correlate with protected grounds of discrimination such as ethnicity or gender. The paper analyses the current loopholes in the protection offered by non-discrimination law and explores the best way for lawmakers to approach algorithmic differentiation. While we focus on Europe, the conceptual and theoretical focus of the paper can make it useful for scholars and policymakers from other regions too, as they encounter similar problems with algorithmic decision-making.
Bail jurisprudence in India serves as a critical safeguard against the undue deprivation of personal liberty for accused persons. While the general principles of bail under the Indian Penal Code (IPC) are well-established, special legislations such as the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 and the Unlawful Activities (Prevention) Act (UAPA), 1967 impose stricter conditions, often limiting judicial discretion. This research examines the differential application of bail provisions in Delhi courts, focusing on how courts navigate between individual liberty and public interest in cases involving ordinary criminal offences under the IPC versus special laws. By conducting a comparative analysis of judicial orders, case law, and empirical data from the High Court and district courts of Delhi, the study identifies patterns in bail grant and denial, the rationale for restrictive conditions, and the implications for undertrial prisoners. The study also evaluates whether the stringent provisions under NDPS and UAPA align with constitutional guarantees under Articles 14 and 21, and examines the role of judicial interpretation in balancing human rights with national security and law enforcement objectives. The findings reveal inconsistencies in judicial approaches, highlighting the need for uniform guidelines to ensure equitable treatment of accused persons across different legal frameworks. This research contributes to the discourse on criminal justice reforms by providing policy recommendations for harmonizing bail jurisprudence under special and general laws, thereby promoting both legal certainty and protection of individual rights.
The purpose of the present study is the comparative analysis of the role of the German and Brazilian superior courts – specifically, BGH and STJ – from the perspective of promoting the uniformity of jurisprudence. Although there is no model of binding to judicial precedents as a judgment technique in Germany as there is in Brazil, in CPC/15, the commitment to the uniformity of jurisprudence permeates the German legal system, including in civil procedure. In this sense, see, for example, the procedural provision of the Revision appeal, which has as admissibility requirements the need for uniformity of understanding on a given matter (Sicherung einer einheitlichen Rechtsprechung) and the preservation of legal certainty (Rechtssicherheit). They both grant the decisions of the BGH (Bundesgerichtshof) authority and compliance with the system in general, with the court exercising an important prospective/forward-looking function. In order to seek an effective contribution to a better and more qualified jurisprudence by the Brazilian Superior Court of Justice, we will highlight the influences of the German civil process for the formation and development of the Brazilian civil procedure. Then, we will move on to the analysis of the common approaches and challenges between the two systems, through the approach of the dogma and doctrine of both countries. To this end, the study of the evolution of the main legislative reforms to the current panorama will be of fundamental value. In the end, we will confront the roles and procedures adopted by the BGH and the STJ as precedent cuts committed to the promotion of development and unity of the law. The aim will be to contribute to the better functioning of the Brazilian Superior Court, based on the German paradigm.
In this work, we consider technologies, innovations and intellectual property rights. In the context of modern development of all spheres of human life, the concepts of «technology», «innovation» and «innovative technologies» are an integral aspect of the present. They play an important and key role in the competitiveness of not only individual enterprises and organizations, but also in law and economics in general, since innovative technologies are the basis for the positive development of society and the legal relations that arise in this regard, including legal relations in the field of intellectual property rights. Intellectual property is the result of intellectual and creative activity, which is formalized and grants the author or a person who is granted the right of ownership of the result by law, which is acquired, exercised and protected in accordance with the established procedure, rules and legally defined norms. It is the objects of intellectual property rights that are in clear interaction with technology and innovation. Detailed attention is paid to the essence and content of innovations and technologies in the field of intellectual activity, in particular in the production and change of characteristics of the relevant objects of intellectual property rights. The author focuses on the conceptual apparatus of such concepts as «innovation», «technology», «intellectual property», «intellectual property rights», and technology transfer. The modern national and foreign literature is analyzed with a view to defining the basic concepts of the study and their legislative consolidation. The author analyzes the features of technology transfer, in particular, it is established that innovative technologies are endowed with novelty, revolutionary nature, irreplaceability, uniqueness, and inevitability. The author establishes the interconnectedness of the content of «innovations» and «technologies» in relation to intellectual property rights, namely, directly to intellectual property objects, which are manifested by applying know-how or an invention to a specific result of intellectual activity in the production process.
The 21st century is the “era of international organizations”. the SCO is facing a realistic dilemma of “insufficient rule orientation”, “imperfect international law system” and “uneven level of rule of law among its members”. International law has its own structural dilemma of uncertainty, which lies in structure, language and doctrine, and overturns the existing international law system. Within the framework of the SCO, the traditional normal way can’t quickly and effectively establish legislation. The argumentative paradigm is rooted in the “intersubjectivity” of the international community, reshaping the effectiveness and source scope of international law, and using this paradigm can quickly and effectively build a set of international law system for SCO. This paradigm needs value guidance in line with universal rationality. The “community with a shared future for mankind” proposed by the Chairman Xi Jinping is expected to achieve the multi-dimensional goals of common prosperity, universal security, openness and win-win results, equality and inclusiveness, and joint construction, which can provide a value orientation for the development of SCO international law. This paper focuses on the SCO, tries to elaborate the problems faced by the SCO from the perspective of international law, and puts forward the research paradigm of improving the construction of SCO international law and the value orientation of “community with a shared future for mankind” on the basis of its system, in order to further clarify the direction of efforts to build the SCO legal system. Under the guidance of the theory of community with a shared future for mankind, the SCO’s practice of argumentative international law can improve the legal system construction within the organization on the basis of maintaining regional peace, and then contribute to the SCO’s participation in world governance and the promotion of the rise of Asia.
Keywords: norms, indeterminacy, argumentalism, community with a shared future, SCO
International relations, Comparative law. International uniform law
Glacier and ice-sheet motion is fundamental to glaciology. However, we still lack a consensus for the optimal way to relate basal velocity to basal traction for large-scale glacier and ice-sheet models (the 'sliding relationship'). Typically, a single tunable coefficient loosely connected to one or a limited number of physical processes is varied spatially to reconcile model output with observations. Yet, process-agnostic studies indicate that the suitability of a given sliding relationship depends on the setting. Here, we suggest that this arises from myriad overlapping setting- and scale-dependent sliding sub-processes, including complicated near-basal stress states not captured by large-scale models, reviewed here as comprising a basal 'sliding layer'. A corresponding 'bulk layer' then accounts for ice deformation only minimally influenced by bed properties. We provide a framework for incorporating arbitrarily many sub-processes within a given region -- separated into normal ('form drag') and tangential ('slip') resistance at the ice-bed interface, stressing that the maximum scale of cavitation is an important contributor to the division between the two. Under reasonable assumptions, our framework implies that sliding relationships should fall within a sum of regularised-Coulomb and power-law components, with a rough-smooth distinction proving more consequential in dictating sliding behaviour than a traditional hard-soft transition.
The legal maxim ignorantia juris non excusat—ignorance of the law excuses no one—has long served as a foundational doctrine in legal systems worldwide, ensuring uniform application of laws and reinforcing the rule of law. However, in the context of increasingly complex legal frameworks and growing social disparities in legal awareness, the strict and unqualified application of this principle has come under scrutiny. This article critically examines the theoretical foundations and historical development of the maxim, tracing its evolution from Roman law to its modern application in civil law systems, common law jurisdictions, and Islamic jurisprudence. It explores the underlying rationales for the rule, including legal certainty, social order, and procedural efficiency, while also addressing contemporary critiques that highlight its potential to produce unjust outcomes. Focusing on the legal system of Iran, with its unique fusion of Islamic and civil law traditions, the article identifies key exceptions to the general rule, such as administrative miscommunication, reliance on official advice, legal ambiguity, and personal incapacity. Comparative analysis with French, German, British, and American legal systems reveals both shared concerns and divergent approaches in handling claims of legal ignorance. The study advocates for a cautious but principled expansion of exceptions, grounded in fairness, accessibility, and the realities of legal comprehension among diverse populations. The article concludes with policy recommendations for improving public legal education, enhancing the dissemination and clarity of laws, and establishing procedural guidelines for courts to assess claims of legal ignorance. These reforms aim to preserve the legitimacy of the general rule while ensuring that its application does not conflict with the fundamental values of justice and equity.
Comparative jurisprudence is not always and primarily in search of better options or always only a preliminary stage of reform, but is increasingly understood as an important method of better understanding one’s own law in the mirror of other legal systems in its strengths and weaknesses. In this regard, the comparison of constitutional jurisdictions around the world aims to make the normal building block of the architecture of existing constitutions understandable in its diversity and internal variations. Constitutional jurisdiction (as a function or as an independent institution) has become established. It is for this reason, however, that we cannot expect uniformity in the scope and weight of their competence, in the intensity of their control and in their role in relation to the higher state bodies in general. Today, more than ever, it is clear that the legal order is broadly covered by European Union law. This is not only due to the principles of direct effect and primacy of this law, which apply in the context of a static division of competences between the European Union and its Member States. How this actually works demonstrates that the evolution and protection of the effectiveness of the EU legal order is often not only a source of numerous obligations for national authorities of the Member States, but also a motivation for national authorities of the Member States to make various voluntary adjustments to national legislation, even in areas that, in principle, do not fall within the scope of application of EU law. The experience of participation in the process of European unification often leads to a revision of certain perceptions or certain fundamental elements of the respective national legal systems. Indeed, either by its direct effect and primacy, or by its so-called pull effect, European Union law, of which the Charter of Fundamental Rights is now the main norm, and through it the case law of the European Court of Human Rights, unduly determines the interpretation and application of the law also in respect of issues that are normally analysed on the basis of the specifics of the national legal order.
A. A. Shkiperov, A. P. Al'bov, Gaiane Vladimirovna Arutiunian
et al.
The subject of this study are the concepts used to regulate public relations related to the realization of ownership of goods transported across the customs border, power relations between customs authorities and persons exercising ownership of goods, as well as public relations related to the regulation of customs affairs. The authors consider in detail the established legal and scientific approaches to the definition of the basic concepts of customs law, the analysis of which reveals their essential features, essence and content. The authors study in detail such concepts as customs legal relations, customs control, customs regulation, customs business, customs administration, customs policy, customs law, customs legislation and others. Special attention in the framework of the study is paid to providing a comprehensive analysis of these concepts, taking into account the specifics of approaches to their understanding in various spheres of public relations. The authors used general scientific methods (abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization, generalization and others) as well as special methods of scientific cognition characteristic of jurisprudence (comparative law, historical, formal law, legal hermeneutics, system-structural, legal modeling and others). The scientific novelty of the research lies in the conclusions and proposals aimed at improving the basic terminology of customs law, based on ensuring uniform approaches to the unambiguous definition of the basic concepts of customs law, which do not contradict the current legislation and are aimed at its development. The authors substantiate the critical importance of unifying the understanding of customs law terms in order to achieve a unified customs regulation, uniformity of law enforcement practice during customs control and customs operations both in the customs territory of the Eurasian Economic Union and in the Russian Federation. A special contribution of the authors is the realized attempt to integrate the approaches of the legislator, representatives of legal and economic sciences to the definition of customs law concepts as the only guarantee of effective regulation and management of public relations in the field of foreign economic activity.
The subject of the study is the norms of Russian family legislation regulating relations related to the procedure for establishing the fact of recognition of paternity. The object of this study is family and procedural relations arising in connection with the establishment of the fact of recognition of paternity. The concept of "illegitimate children" is one of the oldest in the history of law. His appearance is associated with the strengthening of the monogamous family. The universal principle of equality, declared for the first time in Soviet law, demanded the equalization of illegitimate children, including in rights with children born in marriage. However, until the very end of the action of the CPC of the RSFSR, such a fact as the recognition of paternity was absent from it. Since the procedural features of the proceedings to establish the fact of recognition of paternity could not be reflected in the IC of the Russian Federation – due to the material nature of the regulated relations, for the purpose of uniform application of civil procedure legislation regulating the procedure for considering cases of special proceedings, the fact of recognition of paternity was for the first time included in the list of facts of legal significance established by the CPC of the Russian Federation. Thus, the date of occurrence in the Russian civil procedure legislation of the institution of establishing the fact of recognition of paternity is (if we do not accept the judicial practice that created it) the date of entry into force of the Civil Procedure Code of the Russian Federation in 2002. In the course of the work, general scientific and special methods of cognition were used: comparative legal in the analysis of new and previously existing family legal norms, as well as the formal legal method. It cannot be said that the procedural rules for establishing paternity have not been the object of research in Russian jurisprudence. However, issues of non–search proceedings, issues of establishing the fact of recognition of paternity - attention in these studies has not been adequately paid, although procedural features and the presence of a considerable number of problematic aspects of the consideration of this category of cases are beyond doubt. So far, this institution has not been significantly demanded by judicial practice, but a special military operation implies an increase in its relevance, since in the absence of the serviceman himself, the court requires any evidence of the fact that he recognizes paternity in relation to the child. Currently, this status is particularly important for receiving social benefits that the State has guaranteed to members of military families.
La atención a la literatura como instrumento de educación del jurista, como lenguaje que permite transmitir lo que está en el núcleo del derecho es uno de los rasgos característicos de la obra del profesor Javier de Lucas. En este trabajo se identifican cuatro novelas evocadas en sus clases y en sus escritos para iluminar problemas tales como la desobediencia al derecho, la movilidad humana, la ciudadanía y el reconocimiento del otro. A modo de cláusula de cierre la referencia a un poema condensa el compromiso del profesor De Lucas en la lucha contra la exclusión social.
Artykuł niniejszy jest poświęcony aksjologicznym podstawom ładu gospodarczego w kontekście kluczowych wartości. Nie ulega wątpliwości, że kształtowanie się gospodarki rynkowej oraz realizacja wolności gospodarczej są istotnymi punktami odniesienia w procesie jego budowania. Pamiętać jednak należy, że klasyczna koncepcja ładu w tym zakresie stanowi nadmierne uproszczenie. Stąd też zasadne jest ujmowanie go w perspektywie idei trójpłaszczyznowego jego urzeczywistniania i identyfikacji podstawowych wartości leżących u jego podstaw. Jako cel podstawowy stawiam sobie uzasadnienie tezy, że problem kształtowania aksjologicznych podstaw ładu gospodarczego postrzegać należy przez pryzmat wartości, które nie biorą swojego uzasadnienia li tylko z pozytywno-prawnej legitymacji (dobro wspólne, godność człowieka), ale również tych, których moc kształtują wartości fundamentalne wyartykułowane w Konstytucji RP oraz zasady z nich wyprowadzone. W tym ostatnim przypadku rzecz dotyczy m.in. innych niż wolność gospodarcza praw i wolności oraz wartości i zasad (pewność prawa, ochrona praw nabytych, ochrona konkurencji, prawość woli prawodawcy i organów stosujących prawo, autorytet państwa i prawa itd.). Rodzi to szereg wyzwań i aksjologicznych dylematów nie tylko natury ekonomicznej, lecz także prawnej i etycznej. Zasadne w związku z tym staje się dokonanie właściwej identyfikacji podstawowych normatywnych filarów i wartości ujmowanych w kontekście obowiązującego prawa oraz potencjalnych zagrożeń dla aksjologicznych fundamentów publicznego prawa gospodarczego. Istotne jest również zwrócenie uwagi na problem inflacji prawa, pewność rozwiązań normatywnych, ochronę praw nabytych i maksymalnie ukształtowanych ekspektatyw, jak i bezpieczeństwo prawne oraz nadmierną relatywizację podstawowych wartości stanowiących o istocie porządku prawnego. W zakresie aksjologicznych aspektów ładu gospodarczego ważną rolę odgrywa budowanie autorytetu państwa i prawa oraz rozwijanie etosu służby publicznej. W artykule wykorzystano metodę dogmatyczną i posiłkowo także inne metody.
Law in general. Comparative and uniform law. Jurisprudence