International Journal of Public Law and Policy (33 papers in press)

Regular Issues

• Unlicensed data for trained intelligence: the legal quagmire of copyright infringement and liability in generative AI training  
  by Raajdwip Vardhan, Susmit Isfaq 
  Abstract: The use of copyrighted materials for training generative artificial intelligence (Gen-AI) without the proper authorisation of rightsholders is one of the most pressing legal issues plaguing copyright jurisprudence anywhere across the world. The present paper is an attempt to understand whether any liability is created for the unauthorised use of copyrighted data through an examination of whether the fair use exception and the mitigating factor of innocent infringement apply to such scenarios. The research has highlighted that the fair use exception may not apply to Gen-AI platforms, which have a commercial nature, thus implying that there is liability involved. Additionally, it has also been discussed here that innocent infringement does not function as a mitigating factor for liability. Against this backdrop, the paper examines how liability has been imposed for such copyright violations and examines possible challenges for liability determination in the future.
  Keywords: generative AI; Gen-AI; text and data mining; TDM; training data; fair use; fair dealing; innocent infringement; liability; copyright; fair dealing.
  DOI: 10.1504/IJPLAP.2025.10073205
   
  
• Comparative analysis of the selection and appointment of judges in the Republic of Kazakhstan and European countries (by example of Germany)  
  by Yermek B. Abdrassulov, Yerik Bulatovich Akhmetov, Ramazan K. Sarpekov, Sholpan S. Ormanova, Aiman S. Mutalyapova, Gaysha Y. Imambayeva 
  Abstract: The comparative analysis of the judicial selection and appointment systems in the Republic of Kazakhstan and Germany is both relevant and warranted. Because the relevance is underpinned by the constitutional and legislative commitment of both states to the principles of the rule of law and the establishment of a democratic legal order. By comparing these two systems of selection for judicial office, this article explores the differences in form and common legislative objectives in the process by identifying each countrys mechanisms for selecting judges within their respective institutional and cultural contexts. It compares their approaches to judicial education, examination for judicial office, the role of other branches of government in the judicial appointment and selection process, and other issues. While pointing out the commonality of objectives in the system of selection and appointment of judges enshrined in the legislation, it should be noted that at the moment its results in the countries under study are not identical. This can be clearly seen in the level of public confidence in the judiciary.
  Keywords: selection; appointment; judges; Kazakhstani system; German system; formation; independence; legal education; Supreme Judicial Council; qualification commission; Germany.
  DOI: 10.1504/IJPLAP.2025.10073823
   
  
• Out-of-court restructuring mechanisms: trends and factors in the insolvency regime - evidence from India  
  by Merin Johnson, Remya Ramachandran 
  Abstract: Pre-packs and one-time settlements (OTS) have emerged as out-of-court restructuring (OCOR) mechanisms in India, aimed at maximising stakeholder value and preserving assets. However, their adoption remains low compared to global practices. This study critically explores the reasons behind this limited acceptance. Insights from six legal experts with experience in both OTS and pre-packs confirmed their minimal uptake in insolvency resolution. Using Braun and Clarkes (2006) thematic analysis methodology, the study manually coded and analysed expert perceptions. Three major themes emerged: 1) regulatory and judicial stances; 2) stakeholder matters; 3) generic impediments. Key challenges included a lack of awareness, regulatory gaps, codification deficiencies, limited transparency, scepticism among stakeholders, inadequate mediation options, judicial delays, insufficient staff, and weak institutional professionalism. These factors collectively hinder the effective implementation of OCOR mechanisms in India. The study concludes with suggestions to address these barriers and enhance the efficiency of informal insolvency resolutions.
  Keywords: insolvency; financial distress; pre-packs; out-of-court settlements; bankruptcy; informal arrangements; one-time settlements; Insolvency and Bankruptcy Code; IBC; informal workouts; informal negotiations; India.
  DOI: 10.1504/IJPLAP.2025.10073890
   
  
• Cross examination and accessing witness testimony and the rights of the accused vis-  
  by Cheru Chanko Enga, Debarati Halder 
  Abstract: Accused persons have right to confrontation. In the contemporary world, such right of the accused has been acknowledged as an essential right in Constitutions. Accordingly, the Criminal Procedural laws also accommodate this right of the accused by way of allowing cross examination and accessing witness testimony of the accuser. Ethiopian criminal justice system has an ancient root which has not been influenced by colonial laws as Ethiopia was never colonised. But it has adopted several practices for safeguarding the rights of the accused. The latter, on the other hand has developed criminal laws on the basis of colonial laws. Presently Indian lawmaker has introduced three new criminal laws to shred off the essence of colonial laws. India offers a rich legacy of judicial activism to the accused and victims. The researchers employed the doctrinal research methods by referring different legal documents of the selected jurisdictions, books, articles, online materials and cases. This article aimed to reveal the contemporary rights of the accused in the criminal justice system of the two jurisdictions.
  Keywords: rights of the accused; right to access witness testimony; cross examination; Ethiopia; India.
  DOI: 10.1504/IJPLAP.2025.10074247
   
  
• Building a social security framework for gig workers in India: an analysis of influencing factors  
  by Ramya Singh, Manish Mishra, Archana Sharma 
  Abstract: This study investigates the factors influencing social security for gig workers in India through a comprehensive field survey. Data was collected from gig workers in various roles and environments, including cloud kitchens, restaurants, metro station pickup and drop-off points, and warehouses. The methodology involved direct observations, interviews, and quantitative data collection, ensuring the data accurately reflected gig workers daily experiences and challenges. The Study encompasses a broad spectrum of gig activities, providing a detailed view of their tasks, work conditions, and interactions within their work settings. Findings indicate that gig workers face significant challenges such as inconsistent income, lack of job security, and limited access to social security benefits, though many appreciate the flexibility of gig work. The study highlights the variations in work conditions across different gig sectors. The insights gained from this data are crucial for researchers and policymakers to understand the gig economys impact on workers lives.
  Keywords: gig workers; social security; social support; life satisfaction; platform workers; India.
  DOI: 10.1504/IJPLAP.2025.10074386
   
  
• Perceptions of Indian exporters on the role of WTO laws in shaping trade relations with foreign countries  
  by Ruchi Lal, Asha Verma, Superna Venaik, Anubha Srivastava 
  Abstract: Trade among countries is a key pillar of economic growth, facilitated by frameworks such as the WTO, yet Indian exporters face challenges like compliance complexities and non-tariff barriers that limit their contribution to GDP. This study examined exporters perceptions of WTO laws, focusing on their impact on trade performance, market access, and strategic decision-making, while identifying gaps in awareness and exploring market access facilitation as a mediator against trade barriers. A mixed-method approach was employed, collecting quantitative data from 300 exporters via structured surveys and qualitative insights from 20 in-depth interviews, analysed using SPSS, AMOS, and thematic analysis. Findings revealed high awareness of WTO laws (M = 4.12, SD = 0.81), moderate-high compliance (M = 3.98, SD = 0.85), positively affecting trade performance (= 0.30, p < 0.001), while perceived barriers negatively influenced outcomes (= 0.22, p = 0.002). Dispute resolution, government support, and market-access facilitation (= 0.35, p < 0.001) emerged as critical factors enhancing performance and mitigating trade barriers, emphasising strategic intervention for export growth.
  Keywords: WTO laws; Indian exporters; trade performance; market access facilitation; compliance challenges.
  DOI: 10.1504/IJPLAP.2025.10074755
   
  
• Misuse or marginalisation? Judicial trends, structural failures, and empirical evidence on Indias domestic violence law  
  by Pawan Kumar Yadav 
  Abstract: This paper critiques the narrative around the alleged misuse of the Domestic Violence Act, 2005, and Section 498A of the IPC, which has fuelled calls for legal dilution. Using a multi-method approach, combining doctrinal analysis, empirical data from the NCRB and NFHS-5, and a study of quashing decisions by the Delhi High Court, it argues that claims of misuse are overstated and misrepresent survivors realities. Low conviction rates and high FIR quashing rates are not indicative of false allegations but stem from systemic failures in investigation, prosecution, and judicial processes. The research also identifies socio-legal pressures, including womens economic dependence, familial coercion, and mediation-driven judicial approaches, leading to compromised withdrawals. The paper advocates for a feminist reinterpretation of legal data and a rights-based framework for evaluating domestic violence laws, warning against policies shaped by backlash narratives. It concludes with recommendations for legislative clarity, institutional strengthening, and gender-sensitive legal practices.
  Keywords: Domestic Violence Act 2005; Section 498A IPC; misuse narrative; FIR quashing; compromise settlement; structural failures; feminist reinterpretation; legal reforms; gender-sensitive law; public policy; India.
  DOI: 10.1504/IJPLAP.2026.10075632
   
  
• Parliamentary control over delegated legislation in Bangladesh: a path to democratic accountability  
  by Md. Tarik Morshed 
  Abstract: The delegation of legislative authority from the legislature to the executive organ is a common practice in the modern governance system, but the absence of effective oversight mechanism has led to its unfettered and undemocratic use by the executive in Bangladesh. The problem has originated from the lack of clarity in constitutional provisions regarding the scope of delegation, inadequate mechanism for parliamentary review and a political system in which executive control is preferred over legislative oversight. Hence, the almost unconditional license to legislate has moved the legislative centre of gravity to the ministries from the legislature. This article examines the models of several jurisdictions thematically to suggest durable legal and institutional reforms to ensure the control of legislative power in the hands of legislature, the democratic source of law making. In doing so, it aims to contribute to the design of a democratically legitimate control over delegated legislation in Bangladesh.
  Keywords: delegated legislation; parliamentary oversight; democratic accountability; parliamentary scrutiny committees; separation of powers; Bangladesh.
  DOI: 10.1504/IJPLAP.2026.10075633
   
  
• Balancing transparency and competition: FIFAs Football Agent Regulations under EU competition law  
  by Alessandro Stasi 
  Abstract: This article analyses whether FIFAs 2022 Football Agent Regulations (FFAR), particularly the service fee cap, contravene European Union competition law. Employing doctrinal legal analysis of Articles 101 and 102 TFEU and recent European case law, the study evaluates the legitimacy and proportionality of these measures. The findings indicate that FIFA lacks the entrusted public authority to regulate the economic agent market. Furthermore, the fee cap constitutes a disproportionate restriction on competition, as objectives regarding transparency and integrity can be achieved through less restrictive means, such as licensing and conflict of interest rules. Consequently, the regulations likely infringe upon EU antitrust principles. The implications suggest that international sports federations cannot utilise the specificity of sport to justify economic price-fixing, necessitating a shift toward behavioural governance rather than financial controls to ensure legal sustainability in the football industry.
  Keywords: FIFA Football Agent Regulations; football agents; EU competition law; service fee caps; price fixing; transparency; public law and policy.
  DOI: 10.1504/IJPLAP.2026.10076497
   
  
• Protection of child rights in Bangladesh: a legal study with special reference to street children  
  by Nupur Sultana, Md Abdul Awal Khan 
  Abstract: In Bangladesh, street children are among the most vulnerable and marginalised, enduring poverty, systemic barriers, and societal neglect. Despite laws like the Children Act 2013 and commitments under the United Nations Convention on the Rights of the Child (UNCRC), their rights remain largely unprotected. This study, employing a mixed-methods approach, surveyed 150 street children and 100 stakeholders, including NGOs, law enforcement, and government officials. Findings reveal that poverty, family abuse, and systemic neglect force children to the streets, exposing them to violence, exploitation, and deprivation of education, healthcare, and other basic needs. The research identifies a disconnect between robust legal frameworks and weak implementation due to resource constraints, corruption, and poor institutional coordination. The study recommends localised reforms, including legal enhancements, institutional strengthening, public awareness campaigns, and international collaboration with an inclusive domestic child-centred protection mechanism.
  Keywords: child rights; street children; legal framework; policy reform; Bangladesh.
  DOI: 10.1504/IJPLAP.2026.10076590
   
  
• The challenge of optimal regulation: norming without stifling business innovation  
  by Ruben Mendez Reategui, Muman Andres Rojas Davila, Fabian Romero Jarrin 
  Abstract: This journal article explores the concept of optimal regulation and its legal implications for business innovation, highlighting the importance of balancing governmental oversight and market flexibility. Through an empirical analysis using panel data from the Global Innovation Index and the World Bank (2012-2022), the article shows a quadratic relationship between regulatory intervention and business growth, identifying a regulatory equilibrium point. The research underscores the decisive role of institutional quality in regulatory effectiveness, noting that excessive regulation may unduly hinder innovation, while insufficient regulation fosters legal uncertainty and diminished market protection. Additionally, the impact of social capital and trust on the efficacy of regulatory frameworks is analysed. The findings show that regulatory strategies should be dynamically changed to keep economic and technological landscapes, ensuring legal certainty and predictability while protecting entrepreneurs’ freedom and innovation.
  Keywords: optimal regulation; business innovation; institutional framework; institutional quality; regulatory effectiveness.
  DOI: 10.1504/IJPLAP.2026.10076732
   
  
• Tax morale drivers: a systematic review  
  by Dimas Hermawan Novi Adhi, Wahyudi Kumorotomo, Media Wahyudi Askar 
  Abstract: This study is the first to synthesise various determinants of tax morale within the five motivational channels conceptualised by Luttmer and Singhal (2014). Using the PRISMA protocol and VOSviewer, we discover that non-economic considerations, beyond utility maximisation, influence tax morale significantly. By further categorising the determinants into actor-orientated and institutional approaches, it reinforces the non-economic paradigm of tax compliance, where the motivation to comply often emerges from social and psychological factors. Embedding institutional, social, and behavioural drivers within a coherent motivational framework provides greater analytical clarity and broader applicability than previous reviews, thereby offering a more comprehensive foundation for future research and policy development. From a policy perspective, our findings can help identify taxpayer groups at risk of low tax morale and inform more effective interventions that extend beyond deterrence or administrative efficiency alone.
  Keywords: tax morale; morale drivers; motivational channels; actor-orientated approach; institutional approaches; tax compliance; non-economic paradigm.
  DOI: 10.1504/IJPLAP.2026.10076733
   
  
• Towards informing IP policy: Jordanian universities technology transfer strategies  
  by Laila Barqawi, Sarah Al-Arasi, Mohammad Abdallah, Lara B. Melhem 
  Abstract: This study analyses intellectual property management and technology transfer practices within 11 Jordanian universities, offering significant contributions to both theoretical frameworks and practical applications in higher education. It examines the presence and operational dynamics of innovation and entrepreneurship centres (IECs) and technology transfer offices (TTOs), representing the current state of university-led innovation in Jordan. This research provides a comparative outlook on how TTOS and IECs are integrated into universities innovation ecosystems, which can inform policy and practice, propelling the advancement of higher education governance pertaining to IP and technology transfer. Conclusively, the paper posits strategic recommendations aimed at amplifying the efficacy of IP policies and TTO operations by providing an insight into international practices as well. These recommendations are not only theoretically informed but also pragmatically poised to enrich the culture of innovation, a critical factor for Jordans economic proliferation and elevation in the global competitive arena.
  Keywords: universities; technology transfer offices; TTOs; intellectual property policy; innovation and entrepreneurship centres; IECs.
  DOI: 10.1504/IJPLAP.2026.10077104
   
  
• Compassion fatigue in the line of duty: a scoping review of first responders in Indian prisons  
  by Caroline Agboola, Kavya Narang, Vipin Vijay Nair 
  Abstract: Compassion fatigue (CF) among first responders is a critical issue, which is characterised by emotional and physical exhaustion due to continuous exposure to workplace trauma. While well-documented in Western contexts, there is a significant research gap regarding CF among first responders in non Western settings, particularly in India and within Indian prisons. To examine the prevalence of CF in first responders and identify factors that are associated to CF among first responders. This study is conducted in accordance with the PRISMA-ScR guidelines and the framework by Arksey and OMalley (2005), and it includes original research articles that were published between 2014-2024. After initial screening and deduplication, 11 studies were selected from 150 articles based on this studys inclusion criteria. Prevalence of CF among first responders, predictors and risk factors of CF for first responders, individual characteristics and demographic differences that affect first responders, employment conditions and organisational factors that affect first responders, the relationship between education of first responders and compassion fatigue, and geographical and cultural contexts of compassion fatigue among first responders. Some future directions for research on CF were proposed, particularly with regards to the dearth of research on CF among first responders in India and Indian prisons.
  Keywords: compassion fatigue; first responders; Indian prisons; mental health; PRISMA; scoping review.
  DOI: 10.1504/IJPLAP.2026.10077404
   
  
• Safeguarding human rights in the digital transformation: vulnerable groups in Vietnam and comparative lessons from OSCE jurisdictions  
  by Cong Giao Vu, Thao Chi Vu, Anh Kim Nguyen 
  Abstract: This article examines human rights risks and safeguards for vulnerable communities in Vietnam in the digital transformation. Using a doctrinal and comparative approach, it maps Vietnams legal and policy architecture and identifies protection gaps in data protection, algorithmic decision-making, platform governance, digital identity, and cybersecurity. It then draws on OSCE human dimension commitments and practices in selected OSCE jurisdictions (Estonia, Finland, Germany, North Macedonia), together with widely adopted regional instruments (Convention 108+, GDPR, AI Act, DSA, NIS2, eIDAS), to derive a rights-centred reform package. The analysis demonstrates how privacy-by-design principles, including DPIAs, risk-based AI obligations, algorithmic impact assessments, platform risk mitigation, researcher data access, rights-preserving digital identity and accessibility standards, can be combined with independent oversight and effective remedies to mitigate disparate harms affecting children, women, ethnic minorities, and persons with disabilities. By foregrounding Vietnams case, the article offers a Global South perspective and actionable recommendations for inclusive, rights-respecting digital governance.
  Keywords: digital transformation; human rights; vulnerable groups; data protection; AI governance; platform governance; digital identity; cybersecurity; OSCE; Vietnam.
  DOI: 10.1504/IJPLAP.2026.10077687
   
  
• Verification, safeguards, and compliance: do nuclear treaties work in practice?  
  by Alibek Bolat, Sholpan Saimova, Nazym Ramazanova 
  Abstract: Amid renewed geopolitical tensions, this article assesses whether nuclear treaties work in practice by interrogating the interplay of verification, safeguards, and compliance. Using qualitative comparative case studies of the several important treaties on the research topic, triangulated with International Atomic Energy Agency safeguards reports, United Nations Security Council resolutions, and state declarations, it evaluates how institutional design and state incentives shape outcomes. The analysis finds that treaties constrain proliferation conditionally: credible and sufficiently intrusive verification combined with predictable enforcement and robust transparency correlate with higher compliance, whereas vague obligations, restricted access, and selective enforcement weaken deterrence. Open-source and societal verification enhance, but cannot substitute for, technical monitoring. Policy implications include expanding additional protocol-style access, clarifying enforcement pathways, and aligning incentives through cooperative benefits and reputational costs. Overall, treaty effectiveness emerges from the joint strength of verification, enforcement, and transparency within supportive geopolitical contexts.
  Keywords: nuclear non-proliferation; treaty compliance; IAEA safeguards; verification mechanisms; arms control; nuclear security; international monitoring.
  DOI: 10.1504/IJPLAP.2026.10077688
   
  
• Judging the judges: power, politics, and legitimacy in the appointment of international adjudicators and arbitrators  
  by Adwait Mitra, Bidisha Bandyopadhyay 
  Abstract: The selection of judges and arbitrators greatly impacts the independence, impartiality and legitimacy of international conflict resolution mechanisms. Principle 10 of the UN Basic Principles, while advocating for honesty and qualification in the process of selection, does not help keep the political manoeuvrings aside from the recruitment process. This paper is concerned with judicial nominations at the ICC, ICJ, and the regional human rights courts, and how the interrelationship of the state interest, diplomacy, and competence influences such appointments. This paper also examines the selection of arbitrators in the investor-state dispute settlement arena in terms of both party autonomy and potential conflicts of interest, recurring appointments and gender-based discrepancies. Evaluating the structural defects, the study investigates whether existing procedures actually favour fairness or rather entrench bias, concluding with proposals on how the processes around the globe might become increasingly transparent, accountable, varied and merit-based.
  Keywords: judicial and arbitral appointments; institutional conflicts of interest; third-party funding in arbitration; diversity and gender representation; transparency and accountability in adjudication.
  DOI: 10.1504/IJPLAP.2026.10078166
   
  
• Post-trafficking legal aid, mental health, and community reintegration among brick kiln workers in India  
  by Akanksha Tiwari, Prakash Chandra Mishra 
  Abstract: This study investigates the rehabilitation and reintegration of survivors of bonded labour in Indias brick kiln sector, focusing on the role of legal, institutional, and psychosocial mechanisms. Using data from 516 respondents across Uttar Pradesh, Bihar, and Telangana, a partial least squares structural equation modelling (PLS-SEM) approach was applied to evaluate both measurement and structural models. Results demonstrate that compensation and rehabilitation schemes exert the strongest positive effect on mental health, while access to legal aid has a smaller yet significant impact. In contrast, legal framework effectiveness and enforcement mechanisms showed no significant direct influence. Mental health emerged as a critical mediator, strongly predicting community inclusion and mediating the effects of institutional supports. Reliability and validity tests confirmed the robustness of constructs, though conceptual overlap was observed between rehabilitation schemes and mental health dimensions, reflecting their interdependence in survivor recovery.
  Keywords: bonded labour; human trafficking; rehabilitation; mental health; community inclusion; legal aid; reintegration; policy; India.
  DOI: 10.1504/IJPLAP.2026.10078167
   
  
• EU conflict-of-laws on non-contractual liability: lessons for Vietnam’s economic legal reform  
  by Tuyen Quang Nguyen, Van Thi Tuyet Nguyen, Tuan Van Vu 
  Abstract: This article examines how Vietnam can reform its conflict-of-laws framework on non-contractual liability by selectively adapting the European Unions Rome II Regulation. The research aims to identify the structural principles that make Rome II a coherent and functional model and to evaluate their feasibility within Vietnams civil-law, socialist-oriented, and transitional economic context. Employing Samuels (2014) analyticalstructural comparative method, the study draws on legislation, case law, and doctrinal analyses from both jurisdictions to explore how legal structures reflect broader institutional and policy logics. The findings reveal that the EUs framework achieves coherence through the lex loci damni rule, calibrated exceptions, and consistent interpretation by the Court of Justice of the European Union, ensuring predictability and fairness across member states. Vietnams system, by contrast, remains fragmented, with ambiguous connecting factors and limited judicial experience in applying foreign law. However, adapting Rome IIs structural logic particularly codifying lex loci damni, defining clear exceptions, and enhancing judicial capacity could substantially strengthen Vietnams legal certainty and international credibility. The study concludes that context-sensitive adaptation, rather than replication, provides a realistic path for Vietnam to align with global legal standards while preserving its policy autonomy and institutional character.
  Keywords: conflict of laws; judicial capacity; legal reform; legal modernisation; non-contractual liability; Vietnam.
  DOI: 10.1504/IJPLAP.2026.10078334
   
  
• Children’s right to be forgotten beyond Europe: a regional framework for the Gulf Cooperation Council countries  
  by Abdalrahman Saud Alwaalan 
  Abstract: This article examines whether the legal systems of the Gulf Cooperation Council (GCC) member states effectively protect childrens right to be forgotten (RTBF) in digital environments. Adopting a doctrinal and comparative legal methodology, the study both compares GCC domestic laws horizontally and analyses them vertically against international human rights obligations. The findings demonstrate that despite emerging international standards, no existing regional legal framework enables children or their guardians to secure the deletion of harmful or outdated personal data, with limited protection available only in Qatar. The articles original contribution is a novel, comprehensive mapping of this regulatory gap in the Gulf region and the development of a child-centred regional model grounded in local legal principles and international obligations. It concludes that a coordinated regional framework is both necessary and legally feasible to protect childrens digital dignity and future autonomy.
  Keywords: right to be forgotten; child’s best interest; privacy; Gulf Cooperation Council; human rights; data protection laws; child protection; international human rights; regional legal framework.
  DOI: 10.1504/IJPLAP.2026.10078336
   
  
• Dynamics of regulatory changes and risks to corporate professionals in India  
  by Pankaj Kumar Gupta, Shavalini Sharma, Manvi Gupta 
  Abstract: Frequent regulatory changes pose significant challenges for corporate legal professionals, impacting their ability to navigate compliance, manage client expectations, and mitigate associated risks. This study explores the implications of dynamic regulatory environments on professionals practising corporate, tax, and commercial law, particularly those serving listed companies. We examine the relationship between practicerelated challenges, client management issues, professional acumen concerns, and implementation flaws that contribute to perceived professional risk using SEM conducted on data collected from 394 professionals, including independent firms, through surveys and interviews. The findings reveal that frequent regulatory amendments increase financial and operational burdens, necessitating enhanced clarity in legal provisions and robust training mechanisms. Ineffective communication of regulatory changes often leads to implementation challenges, elevating professional risks. The study highlights the need for regulatory bodies and professional organisations to actively facilitate structured training, clear regulatory communication, and adaptive compliance strategies to reduce the risk associated with dynamic regulations. These insights can help policymakers, legal practitioners, and professional services firms develop more effective frameworks to manage the challenges of an evolving regulatory landscape.
  Keywords: regulatory dynamics; risk management; professional training; corporate legal professionals; compliance risk; implementation challenges.
  DOI: 10.1504/IJPLAP.2026.10078778
   
  
• AI liability in Islamic banking: navigating AI failure through Sharia principles  
  by Ifan Arsyad, Dona Budi Kharisma, Jamal Wiwoho 
  Abstract: This paper examines the liability of artificial intelligence (AI) application in Islamic banking by proposing a hybrid regulatory framework that combines the principle of strict liability with Sharia principles so that AI remains ethical in accordance with the rules. This research is doctrinal legal in nature, using a statute approach and a comparative approach between the European Union, Malaysia, and Indonesia. The results show that in the application of AI in Islamic banking, the conventional strict liability legal framework is currently unable to address AI liability. Although Islamic law emphasises intention and negligence, the principle of Maqashid Al-Sharia allows for the integration of absolute liability. The hybrid strict liability concept provides a more flexible integration. This research is important to provide guidance to regulators and Islamic financial institutions in designing a more adaptive AI supervisory framework, ensuring compliance with Sharia principles, accountability, liability, and AI transparency.
  Keywords: AI liability; strict liability; Islamic banking; Sharia compliance; financial regulation; Maqasid Al Shariah; AI governance; algorithmic accountability; regulatory compliance; hybrid liability model.
  DOI: 10.1504/IJPLAP.2026.10078848
   
  
• Doctrinal application of Res Judicata Pro Veritate Habetur in the era of robot lawyers  
  by Evi Dwi Hastri, Rumaizah Binti Mohd Nord 
  Abstract: Artificial intelligence (AI) is increasingly used in legal services, including applications promoted as robot lawyers. This article examines the legal status of AI-assisted legal services and the treatment of AI-generated outputs in court-related activities in Indonesia from a public law and policy perspective. Using normative legal research with statutory and conceptual approaches, the study analyses the advocate law and the electronic information and transactions regime. It finds that the main concern is not whether AI can produce better legal arguments, since judicial finality is protected through existing review mechanisms, but whether AI affects the production and assessment of legal reasoning in ways that challenge transparency, reliability, and accountability. Indonesian law does not recognise AI as a legal subject, so AI cannot act as counsel of record. AI-generated outputs may only serve as supporting materials when verified by human actors. Clearer regulation is needed to ensure due process, accountability, and trust.
  Keywords: artificial intelligence in justice; robot lawyers; legal standing; judicial governance; public law regulation; res judicata.
  DOI: 10.1504/IJPLAP.2026.10079029
   
  
• Rule-based account of law and constitutionalism in Ghana  
  by Peter Atudiwe Atupare, Abdul Baasit Aziz Bamba 
  Abstract: This paper develops a certain sense of law and constitutionalism that challenges a judicial mechanical approach to interpretation. The fidelity of law in a legal system is not only a function of the practiced science of legislation, but also a particular approach to interpretation by the courts of that legal system. In Ghana, a mechanical approach that glorifies words of statutes has been deprecated in the past. It has been held as an approach that denies the true purpose of law and negatives the collective moral aspiration of constitutions. This approach is basically a rule-based account of law. On the account of two recent decisions by the Supreme Court of Ghana, this paper argues that the rule-based account of law by the courts manifests a certain sense of constitutionalism that takes away from the people the very essence of law. A rigid judicial belief in the supremacy of bare words of positive law discounts laws moral aspiration. An exclusive fixation on the literal, explicit words of statute or constitutional provisions in the course of adjudication does not enforce laws purpose. On that account, the rule-based account of law and constitutionalism ignores the fidelity of laws core values, spirit and purpose by prioritising its words.
  Keywords: law; legality; constitutionalism; constitutional supremacy; human rights; legal system; constitution; rule-based constitutionalism; value-based constitutionalism; judicial interpretation.
  DOI: 10.1504/IJPLAP.2026.10079285
   
  
• The patentable Petri dish: engineering exclusivity for biologic materials  
  by Feba Sara Vinu, Anindya Sircar 
  Abstract: Engineered living materials (ELMs) with programmable functions challenge conventional patent categories by blending biological systems with material and digital substrates to yield adaptive, selfrepairing, and responsive behaviours. This paper develops a comparative framework across India, the USA, and Europe to identify when such biologic materials qualify as patentable subject matter and how disclosures can credibly evidence enablement and industrial applicability. Moving beyond molecule or organismcentric doctrine, it argues for a shift toward three axes: substantive human intervention, nonnatural integration, and empirically validated emergent performance, supported by AIlinked verification and digital twin modelling. The analysis aims to furnish examiners and applicants with a principled template for drafting, examining, and granting robust ELM patents without stifling ethical and regulatory safeguards.
  Keywords: engineered living materials; ELMs; bio fabrication; biological integration; bio logic materials; bioelectronic hybrids.
  DOI: 10.1504/IJPLAP.2026.10080261
   
  
• Upgrading community products through geographical indications: a case study of Malai Mai Phai Phutai Kut Hwa  
  by Supachai Chatjaruskool, Apichet Samerjai, Nantana Sirichat, Naruechit Saenpakdee, Kerkkai Norapan, Kosin Attasophon 
  Abstract: This research investigates legal approaches to upgrading community products using Geographical Indications (GI) Law, focusing on the Malai Mai Phai Phutai Kut Hwa (Phutai Kut Hwa Bamboo Garland) in Kalasin Province, Thailand. The primary legal problem identified is the structural mismatch between conventional intellectual property (IP) regimes such as patents, trademarks, and copyrights and the nature of community-based heritage. Conventional IP laws require novelty or individual authorship, which fail to protect inherited local wisdom characterised by collective identity and intergenerational transmission. This study argues that GI law is the most suitable instrument for such products because it confers collective community rights rather than individual monopolies, thereby aligning with the community rights recognised under Section 43 of the Thai Constitution. The findings conclude that GI registration serves as a vital mechanism for transforming intangible cultural capital into protected commercial assets, fostering economic value, and promoting soft power. Key recommendations include amending legal frameworks to ensure GI rights prevail over later trademark claims and empowering local administrative organisations to provide technical and budgetary support for GI management.
  Keywords: Malai Mai Phai Phutai Kut Hwa; geographical indication; community product; intellectual property; cultural heritage.
  DOI: 10.1504/IJPLAP.2026.10080357
   
  
• The Lebanese Customs Police: legal powers, institutional structure and governance challenges: a comparative study with France and Egypt  
  by Mohamad Ali Yaghi 
  Abstract: This article examines the Lebanese Customs Police (Dabitah Jumarkiyyah) as a sui generis law enforcement body operating within the Lebanese customs administration. Drawing on Decree No. 1802/1979, the Customs Law No. 4461/2000, and the 2009 WCO diagnostic report, the article analyses the institutional structure, legal powers including inspection, seizure, search and pursuit and the procedural framework governing customs seizure reports. Through a comparative lens encompassing the French Direction G?n?rale des Douanes et Droits Indirects (DGDDI) and the Egyptian Customs Authority, the article identifies critical governance gaps characterised by command duality, a 35% staffing vacancy rate, and a 7% case resolution rate. The article argues that effective customs policing requires not merely technical reform but a fundamental restructuring of the institutional relationship between the Supreme Customs Council and the General Directorate. The article concludes with targeted reform recommendations grounded in comparative best practice.
  Keywords: customs police; Lebanese customs law; comparative public law; anti-smuggling; customs enforcement; command duality; France; Egypt.
  DOI: 10.1504/IJPLAP.2026.10080788
   
  
• Intellectual property and right to education: exclusivity vs. access  
  by Rutambhara Nayak, Anindya Sircar 
  Abstract: Modern knowledge economy still depends critically on the conflict between exclusivity in intellectual property (IP) rights and access to education. It explores how restrictive IP licensing models, particularly for textbooks and academic publications, can hinder access to educational resources, especially for students and institutions in low-income or developing regions. The core argument is that while IP laws aim to incentivise creativity and protect authors' rights, they often unintentionally limit equitable access to knowledge. To address this, the paper highlights the role of open educational resources and fair use provisions as mechanisms that can reconcile the interests of IP holders with the urgent need for inclusive education. The article concludes by recommending a more balanced legal and policy framework that ensures fair compensation for creators while safeguarding the right to education for all, ultimately contributing to a more just and informed global society.
  Keywords: intellectual property rights; open education; open educational resources; OERs; access; creator rights; digital divide.
  DOI: 10.1504/IJPLAP.2026.10075853
   
  
• Maritime governance laws in Nigeria: catalyst for advancement of blue finance and blue economy?  
  by Andrew Aondohemba Chenge 
  Abstract: Globally, the blue economy has become more significant. The fundamental idea of blue economy is the pursuit of sustainability, conservation of the marine ecosystem, and resources that support economic growth. Establishing suitable financial systems is crucial for advancing the blue economy to guarantee steady financial resource input, and draw in new investment. The study aims to assess the impact of maritime governance laws on blue finance and blue economy in Nigeria. Findings of the study reveal that although maritime governance laws in Nigeria place great emphasis on marine commerce and navigation, they place less emphasis on blue finance for the promotion of blue economy. The study recommends the need for a review of these laws to reflect current global trends and international best practices anchored, not only on conservation of the marine environment, but on adequate financing of the blue economy to alleviate poverty and support climate resilience.
  Keywords: climate change; blue economy; blue finance; environmental management; environmental pollution; marine ecosystem; maritime governance laws.
  DOI: 10.1504/IJPLAP.2025.10072767
   
  
• Navigating predictive policing: global perspectives, epistemological description and ethical imperatives  
  by Zubair Ahmed Khan, Asma Rizvi 
  Abstract: The authors delve into the complex terrain of predictive policing, analysing its worldwide implementation, technological progress, and moral implications. The authors critically analyse the theoretical basis of predictive policing, specifically criticising its dependence on historical data and algorithmic predictions from an epistemological perspective. It is important to analyse predictive policing methods in the context of privacy-based contemporary discussions and how does its unique strategies cope up with modern challenges. This approach poses fundamental inquiries regarding the precision and impartiality of such systems, particularly in varied and ever-changing social environments. The global implementation of predictive police methods is being significantly influenced by technological breakthroughs, such as artificial intelligence (AI) and machine learning (ML). In order to ensure the ethical use of predictive police technology, it is crucial to give priority to transparency, accountability, and protection of individual rights. The conclusive findings from several worldwide implementations of predictive policing, highlighting the significance of ethical considerations and epistemological critique in influencing future policies and practices. The authors argue for a balanced approach to the development of predictive policing that utilises technical innovation while also respecting fundamental rights and societal values.
  Keywords: predictive policing; artificial intelligence; AI; surveillance; machine learning; ML; algorithms.
  DOI: 10.1504/IJPLAP.2025.10072475
   
  
• Moral rights: legal protection of digital copyright in Indonesia  
  by Tasya Safiranita, Rifa Elvaretta Khansa, Riyana Sabina, Ahmad M. Ramli 
  Abstract: The rapid advancement of information and communication technology has shifted the landscape of intellectual property rights protection, particularly on copyright. With the rise of digital formats, there is a pressing need for more precise and responsive legal protections to address the novel challenges brought about by the digital age. Copyright protection, including moral rights, plays a pivotal role in upholding control and recognition over the works of creators or rights holders. These rights are indispensable in empowering creators or rights holders to assert control over and gain acknowledgement for their creations. Law No. 28 of 2014 on Copyright lays a robust legal foundation for copyright protection in Indonesia, particularly concerning digital creative works. This research employs an adapted approach method, specifically a normative juridical approach, which involves elucidating the provisions found in the relevant legislation.
  Keywords: legal protection; moral rights; digital copyright; Law No. 28 of 2014; Indonesia.
  DOI: 10.1504/IJPLAP.2026.10076286
   
  
• Examining the need for prenuptial agreements in India: a socio-legal and comparative study  
  by Nikita Chaudhary, Monika Bhakta 
  Abstract: Globally, the popular discourse surrounding prenuptial arrangements is significantly on the rise. Particularly in India, there exists disparity between the growing popularity of such agreements and their actual usage. Meaning thereby, discussions are merely centred around influencers and public figures using prenuptial agreements, but these are just a handful of people. The first segment, this paper aims to challenge stereotypes surrounding prenuptial agreements, advocating for their normalisation within Indian society. This segment further offers a comparative analysis of the case-laws and statutes that have shaped prenups in various developed nations. In the second segment, we uncover barriers hindering the implementation of prenuptial agreements. Rather than being viewed as problematic, should such agreements be recognised as empowering tools within relationships? Such is the conundrum on the face of so-called traditional Indian ethos. In the third segment, authors have done first hand, on ground empirical research, to uncover problems surrounding implementation of prenups, followed by conclusion and suggestion.
  Keywords: prenuptial agreement; prenup; divorce; marriage; socio-legal study; India.
  DOI: 10.1504/IJPLAP.2025.10074649
   
  
• Intellectual property challenges and streaming controversies in India: a critical study of the ANI-Netflix dispute over the IC 814 Kandahar Hijacking series  
  by Anuttama Ghose, Pallav Pallav, Shubhi Trivedi, S.M. Aamir Ali 
  Abstract: Over the last several decades, technology and new content consumption channels, particularly over-the-top (OTT) services, have transformed the entertainment sector. Intellectual property is now a crucial element in the digital realm, where information supersedes physical attributes as the primary indicator of corporate assets. A recent series aired on Netflix explores the 1999 hijacking of an Indian Airlines aircraft by the Pakistani terrorist group Harkat-ul-Mujahideen, which has sparked significant discussion due to alleged breaches of intellectual property laws. This article analyses the ANI Netflix issue concerning the IC 814 Kandahar Hijacking series as a case study to analyse the intricate relationships between copyright, trademark, and media regulation within the current controversy. The authors will elucidate the evolving nature of intellectual property protection in media and OTT platforms, focusing on the regulatory effects of India's Broadcasting (Regulation) Bill, 2023 and its implications in balancing free speech, diverse perspectives and regulatory compliance.
  Keywords: Broadcasting (Regulation) Bill 2023; copyright infringement; digital media; free speech; media regulation; OTT services; trademark; India.
  DOI: 10.1504/IJPLAP.2026.10075382