Abstracts | Law and Political Sciences
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2019

World Academy of Science, Engineering and Technology

[Law and Political Sciences]

Online ISSN : 1307-6892

2019 Between Uniformity and Diversity: A Comparative Study of the CISG and Brazilian Rules on Contract Formation

Authors: Rebecca Paradellas Barrozo

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This research aims to identify and evaluate the key areas of convergence and divergence between the CISG and the Brazilian Civil Code, particularly on the topics of offer, acceptance, autonomy of will in choosing applicable law, determination of price, and reduction of price. Methodologically, the article is comparative, based on doctrinal sources, Brazilian jurisprudence, and relevant legislation. Specific emphasis is placed on understanding the normative conflicts created by Brazil's more rigid approach to conflict-of-law rules, specifically Article 9 of the Law of Introduction to the Norms of Brazilian Law (LINDB), and the more flexible, party-autonomy-based CISG philosophy. In this case, the study also deals with the role of the Brazilian Arbitration Act and how it conforms to the provisions of the CISG. The study demonstrates that although some divergences remain, for example, the treatment of public offers, time and form of acceptance, and conditions for price reduction,they are not irreconcilable. In fact, the study shows that Brazilian contract law and the CISG share common roots in consensualism, good faith, and legal certainty. Further, there are provisions within both systems that allow for interpretive and practical convergence, particularly when parties clearly express their intentions or when commercial use can be called upon. Beyond the technical comparison, this work discerns the broader implications of Brazil's adoption of the CISG as a step towards greater integration within the global legal order. The research highlights how legal harmonisation projects engage with local legal traditions and political choices. In conclusion, the CISG is a valuable tool for Brazilian parties in cross-border transactions and offers a uniform, neutral model for international sales contracts. This research argues that greater interaction with the CISG strengthens Brazil's role within the international community of commerce.

Keywords: brazilian civil law, CISG, comparative law, international sales, legal harmonization

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2018 Challenges Faced by Women in Enforcing Alimony Judgments in Egypt: Between Symbolic Rulings and the Right to a Dignified Life

Authors: Hanan Mokhtar Mohamed Abdelmotelb

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This study examines the legal and social challenges surrounding the enforcement of alimony judgments in Egypt, whether spousal or child support. Although Egypt's personal status laws grant women and their children the right to alimony, the practical enforcement of these rulings faces serious and tangible obstacles, as observed by legal practitioners across the country.The study highlights the state's failure to enforce judicial rulings. In many cases, the judgments remain merely on paper, and women face the risk of losing their rights due to prolonged litigation with no result.The enforcement process is further delayed by legal loopholes, widespread bribery and favoritism in enforcement offices, incompetence among enforcement officers, and the absence of effective oversight.Moreover, the temporary financial support provided by the state does not exceed 500 EGP per month—a sum insufficient to ensure a dignified standard of living for women and their children in cases where the husband refuses to pay or absconds.The research adopts a realistic socio-legal and economic approach and explores institutional deficiencies and weak enforcement mechanisms,as well as the social, economic, and psychological consequences for women and children.The study includes the following recommendations: 1. Improve enforcement procedures and implement strict oversight mechanisms on enforcement bodies to eliminate bribery, favoritism, and inefficiency. 2. Increase the amount of temporary state support to meet the minimum standard of dignified living.3. Create a blacklist for individuals with final alimony rulings against them and prevent them from accessing government services until full payment is made.

Keywords: expenses, enforcement of judgments, protection of women's and children's righ, enforcement authorities

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2017 Safeguarding Digital Innovation Lessons from Japan, Taiwan, and South Korea

Authors: Shin-Ru Cheng

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Rivalries between dominant firms and leading-edge entrants to the market spark innovation, which is the primary driver of increased standards of living. As such, maintaining vigorous competition is vital to protecting societal welfare. Both the primary market (firms holding infrastructural technology, such as search engines and social networking sites) and the adjacent market (firms providing products related to the infrastructural technology, such as apps and wearable devices) can foster innovation; however, most US antitrust law is directed at the former, leaving adjacent markets vulnerable to monopolists’ exclusionary practices. To ensure innovation in digital markets is protected, the United States can look to other jurisdictions when considering antitrust reforms, in particular Japan, Taiwan, and South Korea. Arguing that the goal of competition law reform should be fostering sustainable innovation in adjacent digital markets, this article first outlines the economic distinction between primary and adjacent markets. Primary markets are monopolist in nature; as such, new products must truly shake up the status quo. Conversely, most adjacent markets remain competitive; startups are thriving in such markets, where firms are expanding or improving on existing technology—the primary product. In the United States, lawmakers attempt to encourage innovation by taking remedial measures to restore competition. Court rulings reveal the judiciary tends to trust giant digital companies, allowing them to impose unreasonable restraints on small firms, engage in anticompetitive mergers with nascent competitors, and upholding their refusals to grant others access to their infrastructural technology. This conventional view of competition law impedes digital antitrust enforcement and diminishes innovation in the adjacent markets, where startups have the potential to improve upon available services. To nurture sustaining innovation, lawmakers must consider implementing preventative measures, such as early intervention against practices that harm market competition. The research demonstrates that Japan, Taiwan, and South Korea have done exactly this. To protect innovation in adjacent markets, Japan’s legislation requires giant firms to submit proposals detailing how they will maintain a fair and transparent market for small businesses, along with annual compliance reports. Further, Japan and Korea have instituted laws preventing technology giants from refusing to deal with startups without justifiable grounds, and imposing unfair conditions when engaging in deal-making with small businesses. Taiwan offers another option for legislation that allows competition authorities to take more aggressive action against potentially harmful vertical restraints: relaxing the burden of proof required in such situations. This work explores how the United States might implement a similar law limiting large companies’ ability to constrain the freedoms of smaller firms, thus promoting innovation. The contributions of the research are twofold. First, by redirecting the authorities’ attention from innovation in the primary market to the adjacent market, it paves a path to increasing innovation, one of the primary goals of antitrust law. Second, by providing examples from Japan, Taiwan, and South Korea, it encourages other jurisdictions to consider whether the theories upholding their current competition laws truly protect digital startups, the most common sources of innovation.

Keywords: sustainable innovation, refusal to deal, vertical restraints, abuse of superior bargaining power

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2016 Privacy Concerns Affecting Investigation of Cyber Crimes - Analysis of Indian Legal Scenario

Authors: Nagarathna Annappa

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Cybercrime investigation often involves accessing data, including personal data of individuals, thereby raising concerns about privacy. Indian law, by way of recognising the right to informational privacy as a component of the right to life, recognises that the right to privacy is a fundamental right. This restricts the state's power to access personal data unless such access is done as per the legal framework. The legal framework here includes both substantive and procedural laws, through which states are empowered to regulate cybercrimes. Accessing or using personal data beyond this law framework is considered a breach of the constitutionally guaranteed right to privacy. Additionally, the recently enacted Digital Personal Data Protection Act of India lays down a statutory framework related to personal data. This new law adds to the country's legal framework on the right to privacy. This paper assesses these laws, thereby analysing the extent to which investigation powers of law enforcement agencies raise concerns related to the privacy protection of people, apart from identifying the gap that exists in the current legal framework.

Keywords: privacy, cyber crimes, investigation, data, indian law, constitution

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2015 Reviewing the Legal Authority of Customs Border Agents To Demand Access to Mobile Digital Devices at Ports of Entry Around the World

Authors: David Hirsch Davis

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The Canada Customs Act dates back to 1979 and includes the word Goods as referring to all items that a Customs border control officer has a right to inspect and search when a traveller enters Canada at any port of entry. The purpose of this paper is to review applicable legislation, case law, public policy and journal articles to see if there has been any significant changes in the law and as well the right to privacy that people expect in light of the changes brought about by the internet being created in and around 1996. The paper also looks at the US legal experience for comparison purposes. The methodology utilized in this research project focused on the many differences between the acceptable definition of Goods in the late 1970’s and 1980’s with the existence of Goods that a person finds acceptable since the advent of the internet in the late 1990’s to current time period. The major finding that was reached is that a good that was contemplated by the Customs Act in the 1970’s and ‘80’s was more like a piece of luggage or wallet but not a smart phone, tablet or laptop computer. The latter examples of goods contain far more personal information than would ever exist with the normal packing of clothes that one sees in a typical suitcase. A person’s smart phone could contain someone’s financial history, personal contacts, personal communications and their entire photograph and credit card history. It is such information that leads one to conclude that a smart phone can actually contain the biographical core of personal information of an individual. The more that one is carrying such far reaching personal data, the more the Courts will side in favour of a reasonable expectation of privacy. The paper concludes that such warrantless searches of smart phones will typically violate section 8 of the Charter of Rights and Freedoms and that in most cases any evidence obtained from such a violation will be excluded as evidence in an investigation.

Keywords: smart phone, mobile devices, unreasonable search and seizure, privacy rights

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2014 Indigenous Sovereignty and International Law: Reconciling Customary Rights with State-Centric Global Norms

Authors: Mohammed Kabber Mashi, Jibrin Hussaini Abubakar

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This study examines the ethical, legal, and political implications of artificial intelligence (AI) in global governance through an interdisciplinary lens. The research objectives focus on analyzing ethical dilemmas in transnational AI deployment, assessing legal gaps in AI governance frameworks, and evaluating geopolitical power dynamics shaping AI regulation. Employing qualitative methodology, the study utilizes document analysis of policy frameworks and case studies of AI applications in international relations, supplemented by theoretical analysis of governance models. The conceptual framework integrates global governance theory, normative international ethics, critical political economy, and international legal theory to interrogate AI's transformative impact. Key findings reveal significant governance gaps, including jurisdictional conflicts in regulating borderless AI systems, ethical concerns regarding algorithmic bias in decision-making, and emerging "AI nationalism" in great power competition. The study concludes that current regulatory approaches remain fragmented along national lines, failing to address the transnational nature of AI challenges. Recommendations include establishing multilateral AI governance institutions, developing ethical frameworks for algorithmic accountability, and promoting inclusive policymaking to mitigate power asymmetries. The research contributes to debates at the intersection of technology and global governance by proposing pathways for more equitable and effective AI regulation in an increasingly digital world order.

Keywords: artificial intelligence, global governance, digital sovereignty, international law

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2013 A Comparative View of the Position of the Mediator in the Legal System of Poland and Northern Ireland

Authors: Jakub Sidorowicz

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Mediation as we understand it today, including its purpose, subject matter and scope, was only developed less than 100 years ago. On the other hand, scholars of history, including scholars of the history of law, point out, among others, T. Serafin , that the first beginnings of mediation, or the first references to efforts at amicable dispute resolution, date back as far as around the 4th millennium BC. It is pointed out that at that time, somewhat differently from modern times, more importance was attached to the welfare of the community than to individual claims. 'Mediation' is thought to have originated from the Greek word ‘medos’, which means, among other things, not belonging to either side. Europe, as we know it today, and its Member States have been rather late in noticing the positive benefits that come from practising amicable dispute resolution. In Poland in the 1920s, an institution appeared in the then Civil Procedure Code that referred to arbitration, which can be said to have given rise to today's legal regulations relating to the subject of mediation. The institution of mediation in Poland flourished in the late twentieth century, as the Act on the Resolution of Collective Disputes enacted on 23 May 1991 for the first time devoted as much as one chapter to mediation in the aforementioned legal document. Following the accelerating political and legal changes after 1995, an innovative mediation programme was initiated in Poland, whose parties were to be the wronged party and the perpetrator of the tort (in juvenile cases). The mediation programme was conducted in mediation centres specially created and prepared for this purpose. In Ireland, as in the legal system of Poland, mediation was framed rather late compared to other countries. But the regulations that describe mediation in Ireland are considered by many legal scholars to be more comprehensive and general. For, in Ireland, the Mediation Act was prepared and enacted on 2 October 2017. Mediation Act, which came into force on 1 January 2018. The aforementioned document introduces a code of conduct for mediators, unknown in the Polish legal system until today, among other things, or introduces the foundation for the creation of the Irish Mediation Council. The common denominator, the genesis of the emergence of mediation in both legal orders, is the conflicts that have existed since the dawn of time, in all civilisations, between people with distinctly different backgrounds. The modern understanding and regulation of mediation is the result of the search by many generations of lawyers for alternative ways of resolving disputes, whereby the use of violence or the escalation of disputes is no longer alternative. In the Polish and Irish legal systems, there are many similar or identical ways of treating mediation, including: the status of the mediator (his duties and powers) and the rules of conducting mediation. However, mediation, due to the continental law system in force in Poland, as opposed to the common law system which operates in Ireland, is standardised and applied in a slightly different way. Therefore, it seems justified to undertake a legal consideration of mediation in Poland and Ireland, especially in the context of the increasing popularity of alternative dispute resolution methods.

Keywords: mediation, Polish law system, Irish law system, alternative dispute resolution, mediator

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2012 Innovative Legal and Technological Approaches to Combatting Human Trafficking in Migration Contexts: Implications for International Security and Governance

Authors: Ana Paula Silvério Enes

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Human trafficking remains one of the gravest transnational crimes, disproportionately affecting women in contexts of irregular migration. This paper explores how emerging technologies, particularly Blockchain, can be leveraged to enhance legal and practical frameworks aimed at preventing the trafficking of women through irregular migration channels. Through an analysis of the Kat Torres case—a Brazilian influencer convicted of human trafficking—this research highlights the critical role of digital platforms in recruitment and exploitation processes. It further examines how Blockchain can be used to authenticate migration documents and employment contracts, provide secure digital identity verification, and ensure transparency and traceability in migration procedures. The study also considers the integration of smart contracts to protect the rights of migrant women in employment-based migration and au pair programs. This work underscores the relevance of technological innovation, such as Blockchain, in strengthening international cooperation frameworks aimed at countering transnational organized crime and enhancing human security in migration governance. The paper concludes by outlining practical recommendations for incorporating Blockchain-based mechanisms into migration governance, with the objective of strengthening transparency, document integrity, and anti-trafficking safeguards within cross-border mobility systems.

Keywords: blockchain, digital platforms, human trafficking, irregular migration, legal innovation, smart contracts

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2011 Legal Frameworks for Combatting Human Trafficking in Migration Contexts: Leveraging Artificial Intelligence and Blockchain Technologies

Authors: Ana Paula Silvério Enes

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Human trafficking remains one of the gravest transnational crimes, disproportionately affecting women in contexts of irregular migration. This paper explores how emerging technologies, particularly Blockchain, can be leveraged to enhance legal and practical frameworks aimed at preventing the trafficking of women through irregular migration channels. Through an analysis of the Kat Torres case (a Brazilian influencer convicted of human trafficking) this research highlights the critical role of digital platforms in recruitment and exploitation processes. It further examines how Blockchain can be used to authenticate migration documents and employment contracts, provide secure digital identity verification, and ensure transparency and traceability in migration procedures. The study also considers the integration of smart contracts to protect the rights of migrant women in employment-based migration and au pair programs. The paper concludes by outlining practical recommendations for incorporating Blockchain-based mechanisms into migration governance, with the objective of strengthening transparency, document integrity, and anti-trafficking safeguards within cross-border mobility systems.

Keywords: blockchain, digital platforms, human trafficking, irregular migration, legal innovation, smart contracts

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2010 The Effect of Technology on Human Rights Development

Authors: Shenouda Younan Aziz Sorial

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The intersection between development and human rights has been a factor of scholarly debate for a long time. Therefore, some of the principles, which extend from the right to improvement to the human rights-primarily based technique to improvement, have been followed to recognize the dynamics among the two ideas. No matter those attempts, the precise relationship between improvement and human rights has not been absolutely located yet. However, the inevitable interdependence between the two notions and the concept that improvement efforts should be undertaken with the aid of giving due regard to human rights guarantees have won momentum in recent years. Then again, the emergence of sustainable development as an extensively well-known approach to development dreams and policies makes this unsettled convergence even more complex. The region of sustainable improvement in human rights regulation discourse and the function of the latter in making sure the sustainability of development applications is named for a scientific examination. Therefore, this article seeks to explore the connection among improvement and human rights, in particular focusing on the area given to sustainable improvement concepts in worldwide human right regulation. it'll in addition quest whether or not there may be a right to sustainable development identified therein. consequently, the item asserts that the standards of sustainable improvement are directly or in a roundabout way recognized in various human rights units, which provides an affirmative reaction to the query raised hereinabove. This work, therefore, will make expeditions thru worldwide and regional human rights devices in addition to case laws and interpretative suggestions of human rights bodies to prove this speculation.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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2009 The Effect of Cyber Terrorism on Human Rights Regulations

Authors: Mouris Mahrous Azer Hanna

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The hyperlink between improvement and human rights has lengthy been the concern of scholarly debate. As a result, a number of concepts were followed, from the proper to development to the human rights-primarily based development technique, to recognize the dynamics among the two standards. in spite of the projects taken, the exact dating among improvement and human rights stays unclear. but, the rapprochement among the 2 principles and the want for improvement efforts concerning human rights have expanded in recent years. on the other hand, the emergence of sustainable development as an appropriate approach in improvement desires and rules makes this consensus even greater volatile. The vicinity of sustainable development in the felony debate on human rights and its position in promoting sustainable development applications require in addition research. therefore, this article attempts to map the connection among improvement and human rights, with precise emphasis at the place given to sustainable improvement ideas in worldwide human rights law. it's going to retain to analyze whether or not it acknowledges sustainable improvement rights. the item will consequently supply a positive solution to impeach cited here. The jurisprudence and interpretive guidelines of human rights institutions journey to confirm this speculation.The link among terrorism and human rights has grown to be a main challenge within the fight in opposition to terrorism round the world. that is primarily based at the truth that terrorism and human rights are so carefully related that after the previous starts, the latter is violated. This direct connection is identified within the Vienna statement and software of movement followed by way of manner of the sector conference on Human Rights in Vienna on June 25, 1993, which acknowledges that acts of terrorism in all their paperwork and manifestations supposed to damage the human rights of human beings. Terrorism, consequently, represents an attack on our most essential human rights. To this forestall, the first part of this article makes a area of expertise of the connections between terrorism and human rights and seeks to focus on the interdependence between the ones two standards. the second component discusses the rising concept of cyberterrorism and its manifestations. An evaluation of the fight in opposition to cyberterrorism inside the context of human rights is likewise finished.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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2008 Dark and Quiet Skies as a Human Right for Preserving the Shared Environment of Space

Authors: Gregory Hellbourg

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As satellite constellations multiply in low Earth orbit, their combined emissions increasingly disrupt the electromagnetic environment once shared by science, Earth observation, and defense systems. While discussions often focus on broadband access and innovation, less attention has been paid to the unintended consequences of passive services that rely on quiet skies, such as radio astronomy, environmental sensing, and imaging satellites vital to national security. The interference these systems now face risks more than data loss: it jeopardizes scientific discovery, climate monitoring, emergency response, and geospatial intelligence. At the same time, the cultural and ecological value of the night sky is under threat. Communities worldwide have long recognized stargazing as a form of environmental heritage, with dark skies offering not only scientific insights but shared wonder, Indigenous knowledge, and links to biodiversity rhythms. These public goods are being undermined without a clear framework for accountability. This work argues that dark and quiet skies should be treated as a legal, cultural, and strategic commons. Drawing from recent efforts at the United Nations and the International Telecommunication Union, it proposes a layered approach to protect these domains: one that centers scientific access, civil society participation, and sovereign concerns about surveillance integrity. By doing so, it positions the passive use of space as a starting point for dialogue and diplomacy rather than an afterthought.

Keywords: space law, national security, space diplomacy, dark skies

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2007 A Comprehensive Policy Framework for the Care of Abandoned Children with Disabilities or Chronic Illnesses

Authors: Alhanouf Saleh Alkabba

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This paper highlights a marginalized group of children abandoned due to permanent disabilities or chronic illnesses despite being legally recognized and within familial reach. These children face a legislative and institutional void that deprives them of essential psychological, social, and educational support, exposing them to compounded risks extending into adulthood. The paper analyzes a real-life case of a girl with a physical disability as a model for developing an alternative policy framework that addresses systemic gaps and redefines social care for this group. The proposed framework includes multi-level interventions: legal protection, psychological support, quality education, comprehensive healthcare, and long-term socioeconomic empowerment. The paper emphasizes the need for digital databases, specialized oversight units, and institutional partnerships to ensure an integrated and sustainable response. It also advocates for the reintegration of abandoned children into their communities through inclusive care models that protect their dignity and restore their sense of belonging. This work aims to prompt policymakers to adopt a more just and effective care model that transforms abandoned children from marginalized individuals into active participants in their societies.

Keywords: social policy, abandoned children, vulnerable children

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2006 Safeguarding Scientific Passive Services in Outer Space

Authors: Gregory Hellbourg

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The governance of outer space is increasingly shaped by competing demands between public interest uses and commercial activity. Among the most overlooked stakeholders are passive services, such as radio astronomy and Earth observation, which are uniquely vulnerable to interference. These services, central to scientific research and environmental monitoring, rely on an undisturbed spectrum environment that is increasingly corrupted in the face of expanding satellite activity. In this talk, we examine the legal treatment of passive services under current international space and telecommunications law. Although instruments like the Outer Space Treaty and the Constitution of the International Telecommunication Union of the United Nations recognize the principle of noninterference, they do not clearly articulate the obligations owed to passive services. Key regulatory concepts, such as “harmful interference” and “due regard”, remain ambiguously defined or inconsistently applied. Without stronger interpretive guidance and national administrative implementation and enforcement, these provisions fail to adequately protect scientific uses of space that serve broad public interests. In addressing this legal gap, we argue for a re-framing of passive services as public goods whose protection implicates both state responsibility and the equitable use of orbital and spectrum resources. We will emphasize recent policy debates and expert statements calling for clearer regulatory standards, and place these developments within a broader diplomatic context. As highlighted in recent international dialogues, scientific cooperation offers a low-friction entry point for building trust among spacefaring nations. By grounding this analysis in legal and administrative practice, we propose that the protection of passive services can act as a foundation for broader consensus-building in space governance. In an increasingly crowded and congested orbital environment, preserving the conditions that make peaceful scientific use possible is not merely a technical challenge, but a legal and diplomatic imperative.

Keywords: scientific passive services, international telecommunications, space law, harmful interference

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2005 The Impact of Terrorism in the Middle East on Human Rights

Authors: Younan Nabil Younan Aiad

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The link between terrorism and human rights has grown to be a chief challenge in the combat against terrorism around the sector. This is primarily based on the truth that terrorism and human rights are so closely related that after the former starts, the latter is violated. This direct connection is identified in the Vienna Declaration and program of movement adopted by way of the sector Convention on Human Rights in Vienna on June 25, 1993, which acknowledges that acts of terrorism in all their paperwork and manifestations intended to damage the human rights of people. Terrorism, therefore, represents an assault on our maximum fundamental human rights. To this stop, the first part of this article makes a specialty of the connections between terrorism and human rights and seeks to spotlight the interdependence between those two standards. The second part discusses the rising idea of cyberterrorism and its manifestations. An evaluation of the fight against cyberterrorism inside the context of human rights is likewise performed.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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2004 Rethinking Sovereignty: How International Norms Shape Local Autonomy in Times of Global Order Transition

Authors: Hirad Mokhayeri

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As the liberal international order undergoes profound structural recalibration driven by multi polarity, normative fragmentation, and the erosion of multilateral consensus the foundational concept of sovereignty is being subjected to critical reexamination. This paper probes the dialectical relationship between the diffusion of international norms and the reconfiguration of subnational autonomy in an era characterized by systemic fluidity and contested governance . Drawing on constructivist and post-positivist approaches within international relations theory, the study investigates how normative regimes in areas such as human rights, environmental governance, minority protection, and democratic accountability are reshaping the boundaries of legitimate authority beyond the nation-state. It conceptualizes sovereignty not as a static attribute of statehood, but as a dynamic and negotiable construct influenced by transnational norm entrepreneurship, local agency, and institutional translation processes. The analysis demonstrates that while global norms may serve as legitimizing instruments for claims to local self-rule, their adoption is often contingent upon strategic appropriation, cultural resonance, and the political economy of norm compliance. By situating these dynamics within the broader context of global order transition, the paper contributes to the scholarly discourse on norm localization, hybrid governance, and the pluralization of authority in international politics .

Keywords: global order transition, norm diffusion, subnational autonomy, contested sovereignty

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2003 Rethinking East Asian Cooperation through Karatani’s Modes of Exchange

Authors: Zubaidiya SImayi

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This essay explores how Kojin Karatani’s Modes of Exchange, particularly Mode D—voluntary and egalitarian association—can provide a transformative framework for rethinking East Asian regionalism. Against the backdrop of renewed geopolitical tensions and historical anxieties, the study examines the region’s current entrapment in an unstable mix of Mode B (coercive redistribution) and Mode C (market-based exchange), which fosters economic interdependence but perpetuates political fragmentation. The essay argues that East Asia’s future lies in embracing Mode D, which emphasizes mutual recognition, reciprocity, and voluntary cooperation as the foundation for sustainable regional integration. Methodologically, the study constructs a three-part framework for operationalizing Mode D in East Asia: deliberative mini-publics to foster citizen participation and rational dialogue on shared challenges like climate adaptation and supply chain security; civic rituals and cultural commons, such as shared cultural festivals and digital archives, to nurture a sense of regional solidarity; and a regional digital currency consortium, leveraging existing financial technologies, to reduce dependence on the U.S. dollar and enhance economic autonomy. These proposals are grounded in East Asia’s civilizational heritage, including Confucian harmony, Buddhist cosmopolitan ethics, and historical traditions of maritime exchange. The findings suggest that applying Mode D principles to low-politics areas can build trust and create pathways for addressing more sensitive issues such as historical reconciliation and security cooperation. The study concludes that Mode D is not a utopian vision but a realistic and innovative approach to post-hegemonic regionalism, offering East Asia a chance to lead by example in creating a cooperative framework rooted in justice, solidarity, and shared human dignity.

Keywords: post-hegemonic cooperation, trilateral collaboration, voluntary integration, Kojin Karatani

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2002 R v O’Connor Decision Revisited: The Relationship Between the Right to Privacy and the Complainant’s Duty to Disclose Evidence in Sexual Assault Cases

Authors: Nguyen Minh Ngoc

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In 1995, the Supreme Court of Canada’s ruling in R v O’Connor, concerning a case of sexual violence, sparked significant debate over the right to privacy and the complainant’s obligation to disclose evidence to protect their legal rights and interests. At its core, R v O’Connor is a controversial decision because the complainant’s right to privacy and the duty to disclose evidence in a sexual assault case are closely tied to the broader issue of balancing the legal rights and interests of both complainants and defendants. Specifically, following fundamental principles of due process, the decision in O’Connor allowed for third-party access to the victim’s medical records. However, government data from 2019 indicate that 95% of sexual violence victims in Canada are women. The disclosure of victims’ medical records or other sensitive evidence, often involving women, can have serious consequences on their lives, particularly given the gendered burdens and societal expectations that women disproportionately bear. Following O’Connor, the decision has been cited in numerous subsequent cases, most notably in R v Mills (1999), along with the enactment of Bill C-46, which amended the Criminal Code to prioritize the complainant’s privacy rights over the accused’s right to full disclosure. This legislative and judicial shift has raised concerns over whether such prioritization might undermine the foundational principles of a fair trial. This paper aims to examine whether R v O’Connor can be reinterpreted through the lens of feminist legal theory, and if so, how the tension between a victim’s right to privacy and the duty to disclose relevant evidence should be addressed and balanced.

Keywords: Canadian law, duty to disclose evidence, R v O’Connor, right to privacy

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2001 Lex Electronica and Digital Sovereignty: Rethinking International Legal Frameworks for AI and Data Governance in the Gulf Region

Authors: Zineb Rhafrhouf

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As states accelerate their digital transformation, the global legal landscape is witnessing the emergence of Lex Electronica, a body of transnational, often privately generated, norms that govern digital spaces. This paper explores how Lex Electronica interacts with international public law, particularly in the context of digital sovereignty and AI governance in the Gulf region. Focusing on the United Arab Emirates and Saudi Arabia, it analyzes the region's ambitious regulatory strategies around artificial intelligence, data localization, and cybersecurity. It argues that these states are not only consumers of global digital norms but active shapers of a hybrid regulatory model that blends national sovereignty with transnational digital governance. Drawing on international legal theory, human rights standards, and case studies, the paper proposes a new framework for integrating Lex Electronica into the corpus of public international law, one that supports regional legal autonomy while ensuring global interoperability and accountability. This contribution is particularly relevant to conferences and scholars concerned with the legal future of the digital world, especially from a Global South perspective.

Keywords: AI, cyberlaw, international public law, gulf region

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2000 The Legal Status of AI as Co-Designer: Intellectual Property Dilemmas in Architectural Practice

Authors: N. Devillier

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Recent advancements in generative artificial intelligence (AI) have transformed architectural workflows, enabling machine learning systems to contribute directly to the creative design process. These developments challenge conventional legal doctrines that define authorship, ownership, and liability in architectural works. This study investigates the evolving legal implications of treating AI as a co-designer in architectural practice, focusing on the friction between intellectual property (IP) law and the operational logic of AI-driven design systems. The background of this work lies in the increasing adoption of generative design platforms that integrate algorithmic optimization with architectural aesthetics, often producing blueprints and visualizations that rival human-generated content in complexity and originality. While these tools offer significant gains in efficiency and creative exploration, they also raise critical legal questions. The emergence of AI-generated designs raises complex legal uncertainties regarding the ownership of architectural works created collaboratively by humans and machines. Determining the boundaries of “original authorship” in shared creative processes, as well as allocating liability for construction flaws or regulatory breaches resulting from AI-generated outputs, presents significant challenges within existing legal frameworks. To address these questions, the research adopts a legal-doctrinal and comparative methodology. It analyzes statutory definitions of authorship and copyright eligibility under US and European Union law and compares them with emerging AI-specific regulatory instruments such as the EU AI Act. The methodology incorporates a comparison between the US and European legal frameworks, particularly considering recent regulatory developments and copyright case law. The study highlights the persistent requirement of human intervention in most EU Member States for the recognition of authorship, contrasting with US case law, which, although similar, is currently the subject of intense judicial debates under the 'Fair use' doctrine (Stability and Thaler cases). Thus, although the disputes do not concern architectural design, the legal solutions remain relevant, as demonstrated by two case studies: Andersen et al. vs. Stability (USA) and Kneschke vs. LAION (Germany). Hypothetical architectural scenarios are used to stress-test existing legal interpretations, particularly those involving collaboration between architects and generative AI platforms in early-phase design. Preliminary findings suggest that current IP regimes are ill-equipped to accommodate non-human contributors, often resulting in ambiguous or contested authorship claims. Human-AI collaborations in design produce a hybrid form of authorship where the boundaries of creativity and control are difficult to delineate. The research further finds that while some jurisdictions rely on the “human authorship” requirement to deny protection to AI-generated content, this approach fails to reflect the practical realities of architectural innovation. The study concludes by proposing a conceptual shift in how authorship is interpreted in the AI-augmented design context. Instead of clinging to binary distinctions between human and machine authorship, an alternative legal framework is recommended -one that accounts for varying degrees of human input, AI autonomy, and creative intent. Such a framework would not only clarify rights and responsibilities in AI-assisted architectural production but also provide a basis for future regulatory harmonization at the intersection of AI and design law.

Keywords: AI co-design, architectural authorship, generative design law, intellectual property, legal personhood of AI

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1999 The Emerging Concept of Strategic Autonomy in Turkish and Indian Foreign Policy Discourse

Authors: Aiman Urooj

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Turkiye and India, two rising powers from South Asia and the Middle East, respectively, in contemporary times, have strategically redefined their foreign policies to foster regional leadership and autonomy from external influences in a shifting global order. Using the definition of strategic autonomy, as the ability to act independently of Western powers while strategically partnering with non-Western actors like the BRICS, the paper analyzes how India and Turkiye have contoured their geopolitical environments. Building on Mukherjee’s theoretical framework embedded in Isaiah Berlin's distinction between negative and positive liberty, the paper explores the concept of strategic autonomy in two aspects: freedom from external interference (negative liberty) and freedom to pursue national objectives (positive liberty). India’s pursuit of strategic autonomy through strategic partnerships rather than joining alliances is illustrated by its balanced approach to international relations, like its membership in BRICS, maintaining ties with the US, and its ‘Neighbourhood First’ policy to establish regional leadership. Turkiye’s case is marked by its assertive shift from non-interventionism to coercive diplomacy, especially after the Arab uprisings, demonstrated through its military involvement in Syria and its role in managing the refugee crisis as a ‘buffer state’ for Europe. The paper identifies Strategic Autonomy in both cases on the basis of three parameters being structural opportunities, political will, and domestic material capabilities. It argues that both nations have leveraged geopolitical opportunities to assert independence: India through its soft power, non-reciprocal peace-building, promoting South-South cooperation and being a critical player in the Indo-Pacific. Likewise, Turkiye, through the idea of Ummah, labelling itself as ‘protector and leader’ of the Muslim community globally and its proactive role, specifically, in the Middle East. Methodologically, through critical discourse analysis, the paper sheds light on how India and Turkiye articulate their strategic visions, balancing globally by examining speeches and government documents.

Keywords: strategic autonomy, Indian foreign policy, Turkish foreign policy, rising power

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1998 Legal Diversity and Functional Convergence in European Insurance Law: a Comparative Doctrinal Study of Regulatory Systems, Fundamental Rights and Digital Transformation

Authors: Mardare Alina Nicoleta

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This study explores the legal architecture of insurance regulation within the European Union through a comparative and multidisciplinary lens. Situated at the intersection of private contract law, public regulation, and fundamental rights, the research aims to analyze how EU member states conceptualize, supervise, and reform their insurance legal frameworks amid growing pressures for harmonization, digital transformation, and consumer protection. The paper employs a doctrinal comparative methodology, focusing on both civil law and common law systems across the EU. It draws on statutory sources, EU directives, judicial decisions, and regulatory guidelines to examine how different jurisdictions regulate insurance contracts, protect insured parties, and adapt to technological innovations such as artificial intelligence. The findings reveal a pattern of functional convergence despite persistent formal divergence in legal doctrine and institutional practices. Common principles—such as the duty of transparency, fairness in contract performance, and proportionality in regulatory enforcement—are increasingly embedded in national systems through EU legislative influence and judicial interpretation. However, inconsistencies remain in key areas, including claims handling, quantification of non-material damages, algorithmic decisionmaking, and access to justice. The study concludes that while full harmonization of insurance law across the EU may not be feasible in the near future, coordinated reforms grounded in shared values are both necessary and achievable. It recommends the codification of a European Insurance Code, enhanced supervisory transparency, stronger safeguards for vulnerable consumers, and the development of sector-specific rules for AI in insurance. Ultimately, the research advocates for a resilient, rights-based approach to insurance law—one capable of ensuring both legal certainty and social equity in an evolving European landscape.

Keywords: consumer protection, fundamental rights, insurance law, legal harmonization

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1997 A Relative Deprivation Perspective Study on Undressing the Islamic State West Africa Province

Authors: Frederick Appiah Afriyie

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In this article, the theory of relative deprivation is used to study the Islamic State West Africa Province (ISWAP). Through an examination of perceived economic, political, and social disparities and their contribution to radicalization in northeastern Nigeria, the study pinpoints ISWAP's calculated use of domestic grievances to support recruitment and territorial gain. Relying on primary field interviews and extensive document analysis, findings suggest that ISWAP has been effective in presenting itself as an alternative system of governance in territories where state presence has been eroded. ISWAP's provision of basic services and economic opportunities to the marginalized has increased its legitimacy within local communities. This research contributes to counter terrorism scholarship by presenting evidence that addressing underlying socioeconomic inequalities might be more effective against violent extremism than the use of military intervention. It concludes that security in the Lake Chad Basin must be holistic and target the conditions of relative deprivation, which ISWAP continues to leverage.

Keywords: Nigeria, relative deprivation, ISWAP, terrorism

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1996 Attachment, Trauma And Family Breakdown: A Qualitative Study Of Child Trafficking Vulnerability In Albania

Authors: Anila Sulstarova, Blerta Bodinaku

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study explores how family-level dynamics contribute to child trafficking vulnerability in Albania. Using a phenomenological design, the research analyzes 23 semi-structured interviews12 with child protection professionals and 11 with survivorsthrough Braun and Clarke’s thematic analysis.Findings reveal seven interrelated risk factors: emotional neglect, disrupted attachment, exposure to domestic violence, parentification, poverty-induced separation, family silence, and parental substance abuse. These dynamics fostered emotional dependency, normalized coercion, and discouraged disclosure, shaping a relational vulnerability that preceded exploitation. Survivor narratives emphasized longing for affection, fear of dishonor, and early identity suppression, while professionals highlighted survival-based parenting, lack of emotional literacy, and chronic structural instability.The study reframes trafficking as a cumulative process rooted in early relational trauma, rather than a singular event. It calls for prevention strategies centered on trauma-informed parenting, early emotional education, and family-level interventions. Findings offer context-specific insights for child protection in post-socialist, patriarchal societies facing economic fragility and institutional gaps.

Keywords: traffinking, attashment, trauma, grooming

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1995 Statutory Rape - A Comparative, Normative and Critical View

Authors: Guy Ben-David

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Statutory rape is defined as engaging in sexual intercourse with a person who has not yet reached the legally defined “age of consent.” At the core of this offense lies a categorical legal presumption, that minors below the age of consent lack the capacity to provide valid consent to sexual activity. This presumption reflects the belief that such individuals are not developmentally equipped to grasp the nature or implications of sexual acts. Accordingly, sexual activity involving an underage minor is deemed non-consensual and criminal, irrespective of the minor’s actual willingness to participate. While statutory rape is criminalized in most contemporary legal systems, the scope, elements, available defenses, and penalties associated with the offense differ significantly across jurisdictions. My research explores the historical roots and evolution of statutory rape laws and critically examines their modern regulation through comparative analysis. Particular attention will be paid to the normative tensions and inconsistencies in various legal frameworks. The research advances three central critiques: 1. Rigid Presumptions and Late Adolescents – In jurisdictions with a relatively high age of consent, the irrebuttable presumption of incapacity to consent can lead to overly broad criminalization, especially in cases involving minors in their late teens. 2. Failure to Differentiate Contexts – Many legal systems fail to distinguish between exploitative adult–minor relationships and consensual, age-proximate sexual relationships between peers, resulting in disproportionate application of criminal liability. 3. The “Mistake of Age” Defense – In some systems, defendants may raise a defense based on lack of knowledge or mistaken belief about the minor’s age. While this aligns with the culpability principle, it risks undermining the protective purpose of the law by permitting willful ignorance or avoidable mistakes. Through a critical-normative lens, this lecture aims to illuminate the conceptual and practical challenges surrounding statutory rape offenses and to propose principled reforms. The goal is to strike a balance between protecting minors from sexual exploitation and recognizing their evolving sexual autonomy in age-appropriate relationships.

Keywords: Statutory Rape, Age of Consent, Sex Offenses, Adolescents, Anglo-American Law

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1994 Statutory Rape - A Normative and Critical View

Authors: Guy Ben-David

Abstract:

Statutory rape is defined as engaging in sexual intercourse with a person who has not yet reached the legally defined ‘age of consent.’ At the core of this offense lies a categorical legal presumption: that minors below the age of consent lack the capacity to provide valid consent to sexual activity. This presumption reflects the belief that such individuals are not developmentally equipped to grasp the nature or implications of sexual acts. Accordingly, sexual activity involving an underage minor is deemed non-consensual and criminal, irrespective of the minor’s actual willingness to participate. While statutory rape is criminalized in most contemporary legal systems, the scope, elements, available defenses, and penalties associated with the offense differ significantly across jurisdictions. This study explores the historical roots and evolution of statutory rape laws and critically examines their modern regulation through comparative analysis. Particular attention will be paid to the normative tensions and inconsistencies in various legal frameworks.

Keywords: statutory rape, adolescents, sex offenses, age of consent

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1993 AI Legal Helper: Using Artificial Intelligence to Improve Access to Basic Legal Services

Authors: Layan Mira, Maha Binhomran, Lareine Murad

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This project focuses on the AI Legal Helper app, a tool that uses artificial intelligence to make legal support more accessible and affordable. Many people struggle to get legal advice due to high costs or distance from legal services. The app offers features like legal document drafting, term explanations, and general legal guidance in simple language. In our study, we explored the app’s features, tested them, and created a survey to understand user experiences. The results showed that most users found the app very easy to use, helpful for basic legal tasks, and accurate in understanding legal questions. Many also said they would recommend the app to others. However, some users suggested adding local legal systems, such as Saudi law, to make it more relevant. This project shows how AI can help solve real life legal problems and improve access to justice in a practical way.

Keywords: artificial intelligence, legal app, legal tech, legal chatbot, access to justice, document tools

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1992 Copyright and Authorship Issues in the Artificial Intelligence Era: Need for Reform in the Copyright Act, 1957

Authors: Koteswara Rao Seelam, Sanjamala Khaja Hussain

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The integration of artificial intelligence (AI) into creative and intellectual domains has redefined the landscape of authorship, posing complex legal, ethical, and practical questions about the ownership and protection of works generated by or with the help of AI. AI systems are now capable of composing symphonies, drafting literature, creating artworks, developing software, and generating scientific hypotheses, thereby challenging the conventional notion of human-centric creativity. As a consequence, the traditional framework of copyright law, designed in an era when creative authorship was exclusively human, is struggling to remain relevant in this new paradigm. This manuscript critically examines the current Indian copyright regime under the Copyright Act, 1957, and its capacity to deal with the implications of AI-generated content. It draws comparisons with legislative frameworks and legal precedents in jurisdictions such as the United States, the United Kingdom, and the European Union, offering a comprehensive analysis of how different legal systems are confronting this issue. The study highlights the necessity of reconceptualizing key terms such as 'authorship,' 'originality,' and 'ownership' to encompass scenarios where AI plays a pivotal or exclusive role in content creation. Furthermore, it explores the ethical questions surrounding creativity, moral rights, and accountability when human involvement is minimal or absent. The paper advocates for targeted amendments to the Copyright Act, 1957, to address these challenges and offers a detailed proposal for legislative reform, including definitions of AI-generated works, reallocation of rights, and the creation of regulatory oversight mechanisms. By doing so, it aims to provide a roadmap for India to proactively align its copyright laws with the demands of the evolving technological ecosystem, ensuring both the promotion of innovation and the protection of creators' rights.

Keywords: artificial intelligence, copyright act, 1957, ownership

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1991 Faith and Fury: Christian Nationalism' Role in Shaping Populism

Authors: Kennedy A. Dorris

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This research investigates the convergence of Christian nationalism and right-wing populism in the United States and the implications of this alliance for democratic governance. Drawing upon historical analysis, discourse analysis, and comparative case studies, the study explores how Christian nationalism—defined by its fusion of religious belief with political identity—has catalyzed a populist resurgence that threatens the foundations of American pluralism. Tracing the ideological evolution of both movements, the study situates modern right-wing populism within a long-standing American tradition that intertwines whiteness, Protestantism, and exclusionary nationalism. The research reveals that populist rhetoric, when paired with Christian nationalist ideology, provides moral legitimacy to exclusionary policies and anti-democratic practices. Figures like Donald Trump have strategically employed this fusion, positioning themselves as divine protectors of a “Christian America” while undermining democratic norms through racialized discourse, institutional delegitimization, and consolidation of executive power. The study finds that many supporters of this movement do not view it as authoritarian, but rather as a righteous effort to restore traditional values and national identity—revealing a nuanced interplay between cultural grievance and theological conviction. The analysis concludes that this ideological alignment represents not just a rhetorical trend but a deliberate project with structural implications, including policy reforms and judicial appointments aligned with conservative Christian values. Ultimately, the convergence of Christian nationalism and populism poses a growing threat to democratic pluralism, civil rights, and institutional trust. This study fills a critical gap in the literature by offering an interdisciplinary framework to understand this phenomenon and calls for continued scholarly and civic engagement to safeguard democratic ideals in an era of religiously infused populist politics.

Keywords: populism, political theory, Christian nationalism, democracy

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1990 Shifting Cities: The Impact of Gentrification and Urban Policy on Crime and Inequality in Washington, D.C. (2015–2023)

Authors: Ryland Brown

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This paper examines the complex relationship between gentrification, urban policy, crime patterns, and socio-economic inequality in Washington, D.C., from 2015 to 2023. Using a mixed-methods approach that combines secondary data analysis of crime statistics, socio-economic indicators, and primary survey responses from community residents, the study investigates how urban redevelopment has reshaped safety, equity, and community stability across the city’s neighborhoods. While citywide crime rates have generally declined during this period, the research finds no conclusive evidence of large-scale geographic crime displacement into marginalized wards, challenging common assumptions in urban sociology. However, resident perceptions reveal widespread dissatisfaction with safety conditions and urban policy effectiveness, particularly among long-term Black residents. Policies such as Inclusionary Zoning have failed to adequately mitigate displacement or ensure deeply affordable housing, exacerbating long-standing inequalities. The findings underscore the necessity of integrating community perspectives into policy decisions and advocate for a holistic, equity-focused approach to urban planning that centers on safeguarding vulnerable populations. This study contributes to theoretical debates on urban revitalization and offers practical recommendations for more inclusive and just policy interventions in rapidly gentrifying cities.

Keywords: hotspots, displacement, Washington DC, gentrification, crime

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