Acta Universitatis Danubius. Juridica

Ecocide: The Opportunity to be Included Globally, but also in National Laws

Loredana Pirvu — Mon, 31 Mar 2025 00:00:00 +0000

Humanity is facing major existential challenges, climate change and armed conflict are amplifying these pressures. The recognition of ecocide as a global crime is an important and current discussion. There is growing confidence in scientific evidence suggesting that the Earth has reached a “tipping point” (University of California – Berkeley, 2012) and is approaching “planetary limits” (Stockholm Resilience Centre, 2009) and the changes that are happening (climate change, population growth, destruction of natural ecosystems, warming of the oceans and melting of ice caps, massive increase in carbon pollution) they can be irreversible if we do not stop this decline (which began with the industrial revolution) before we reach the abyss. And we can stop it by certain measures that require large-scale international cooperation and the creation of the crime of ecocide is an important part of this sum of measures. The recognition of ecocide in national legislation is an important opportunity to combat environmental destruction and promote sustainability and can be a powerful tool for environmental protection, but its effectiveness depends on clarity of definition and uniform application. A unitary international framework, possibly through the International Criminal Court, would ensure consistency and efficiency in combating the worst environmental crimes.

The Principle of Legality in Criminal Proceedings

Andreea Corsei — Mon, 31 Mar 2025 00:00:00 +0000

The principle of legality is one of the fundamental pillars of criminal proceedings, with the role of guaranteeing respect for the fundamental rights and freedoms of persons involved in a judicial procedure. This principle requires that all acts and measures in the criminal process be based exclusively on the law, without deviations or discretionary interpretations (Dongoroz, Vintilă (coord.), 1976, p. 30). Enshrined in art. 1 para. (1) Criminal Procedure Code, the principle of legality ensures the conduct of the criminal process in accordance with legal norms, preventing abuses and providing the parties involved with a clear and predictable framework. This principle also derives from the provisions of the Romanian Constitution (2003), as well as from international standards, and is reaffirmed by the jurisprudence of the European Court of Human Rights (ECHR). Its applicability covers all stages of the criminal process – from criminal prosecution and trial, to the execution of final decisions. Legality concerns both substantive law norms (what is criminalized and sanctioned by law) and procedural law norms (the way in which the criminal trial is conducted).

Considerations Regarding the Legal Nature of the Maintenance Contract in the Law of Certain European States

Alina-Elena Iliescu — Mon, 31 Mar 2025 00:00:00 +0000

Considering past issues regarding the qualification of maintenance contracts concluded free of charge - explicitly provided for in the current Romanian Civil Code - and regarding the application of norms from the field of life annuity contracts, as well as the “specific rules of the legal act of constitution” free of charge, we aimed to find another response to these matters in the legal systems of other European states, obviously belonging to the major continental legal system. Therefore, we focused on the classification of various “maintenance contracts” (the terms are not identical, sometimes not even similar, and terminological differences are inherent) into the category of onerous contracts—implicitly within the subcategory of aleatory ones—or gratuitous ones. We primarily considered French law, given its influence on the other analysed legal systems, including Romanian law, and also the fact that French doctrine and jurisprudence have given greater attention to aleatory contracts, implicitly to the one analysed. Furthermore, we also studied the legal norms, specialized literature opinions, and judicial practices of states with a tradition regarding the conventional obligation of maintenance.

Kids at the Crossroads: The Influence of International Law on Child Psychology

Junaid Sattar Butt, Farzana Kousar — Mon, 31 Mar 2025 00:00:00 +0000

This research explores the intersection of international law and child psychology, emphasizing how legal frameworks shape the mental health and well-being of children across diverse cultural contexts. The Court has established that private life comprises physical and psychological elements and relates to a person’s identity. Focusing on key instruments such as the UN Convention on the Rights of the Child, the study examines the implications of these laws for psychological practices and policies affecting children’s rights and welfare. Through a review of case studies and existing literature, we highlight the positive impacts of international legal standards on child mental health interventions, as well as the challenges faced in their implementation. By analyzing the role of cultural variations and local practices, the research underscores the necessity for collaboration between legal and psychological professionals to advocate for effective, child-centered approaches. Ultimately, this study aims to illuminate the critical role of international law in shaping a more supportive environment for children’s psychological development, suggesting pathways for future research and policy improvements.

Crimes Against the Safety and Integrity of Computer Systems and Data

Stefan Tiberiu Ciurea — Mon, 31 Mar 2025 00:00:00 +0000

This article explores the issue of computer crimes, analyzing how Romanian legislation addresses these offenses in its New Criminal Code. Additionally, it examines the challenges faced by judicial practitioners in resolving IT-related cases. The rapid evolution of cybercrime requires continuous legislative adaptation to effectively combat it. However, Romania has so far primarily reorganized previous legal texts rather than introducing substantial changes. As a result, judicial authorities are able to keep pace with cybercriminals but have yet to achieve the ability to stay ahead of them.

Assessing the Compatibility of Brussels I Regulation with Kosovo’s Private International Law

Sami Mehmeti, Granit Elezaj — Mon, 31 Mar 2025 00:00:00 +0000

This paper assesses the compatibility between the Brussels I Regulation and the Kosovo Private International Law. Brussels I regulates jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the European Union. Conversely, Kosovo adds an extra level of complexity into the mix. An independent country since 2008, Kosovo has since sought European Union membership. As such, harmonization - the process of aligning national laws with EU legal and regulatory standards that Kosovo has committed to — is of utmost importance, not simply in terms of legal formalism, but also to illustrate the strategic imperative of the need to align such legislation for the purposes of advancing Kosovo on its path towards the EU. This paper provides an in-depth analysis of the current frameworks, delineating how to rectify differences and suggesting approaches for alignment and integration. It gives insight into two fundamental elements of the two legal instruments, namely, jurisdictional rules and the protection of weaker parties. The jurisdictional rules section examines the regulations basing competence on the defendant’s domicile or habitual residence. It also covers related claims, counterclaims, jurisdictional anchors like the defendant’s assets and provisional measures. It explicitly addresses the discrepancy between Kosovo’s official recognition process and the EU’s principle of automatic recognition.

Plural Laws but No Laws: An Overview of the Impact of Intestate Laws on Women and Children in South-East Nigeria

Nnenna Joy Eboh, Vivian Madu — Mon, 31 Mar 2025 00:00:00 +0000

The objective of this article is to uncover the discriminatory rigors of intestate succession in South-East Nigeria. This paper finds that the legal framework of intestate succession, that is, administration of the estate of a deceased who dies without a will, is scattered. Basically, the property of a deceased who died intestate may be administered considering his or her lifestyle, marriage, or the location of the property. This means that the personal law of the intestate will come to play when determining the estate. The process of determining how the estate of an intestate should be shared is cumbersome and discriminatory especially against women. This is in addition to insufficient laws on the subject matter. Our approach is doctrinal and the lapses or lacuna uncovered will breed recommendations that will impact positively on intestacy in the South-East of Nigeria. We find that the plural legal system does not impact on the right of women and children to intestate property in the South-East of Nigeria. As a result of discriminatory inheritance practices, women and children are disadvantaged economically. They are forced to overly rely on family members for survival. This paper adds value to the call for indiscriminate succession or inheritance practices in South-East Nigeria. It further calls for the review of the laws such that women and children are given explicit rights to intestate property.

The Integration and Protection of Refugees for a Durable Solution in Tanzania

Jean Chrysostome Kanamugire — Mon, 31 Mar 2025 00:00:00 +0000

This paper examines the laws and policies to host refugees, promote their rights and integrate them in Tanzania. Individuals flee their countries of origin due to wars, persecution, violation of human rights, environmental disasters or climate change. Refugees receive protection in their host countries, and they cannot be forcibly repatriated to their countries of origin against their will. Tanzania has enacted laws and made policies to protect refugee rights on its territory. Since its independence, Tanzania has exhibited generosity in receiving refugees from its neighbouring states and southern African countries. Refugees live in specific areas with limited freedom of movement. Tanzania has naturalised some refugees from Rwanda, Somalia and Burundi to provide durable solutions to their plights. However, Tanzania has changed its policies towards refugees and has engaged in forcibly repatriating some refugees from Rwanda and Burundi. Tanzania must re-evaluate its current laws and policies on refugees to ensure that refugees and asylum seekers are adequately protected. Furthermore, refugees need to find a durable solution to their plights.

Algorithmic Transparency in Information Systems: A Legal Necessity for the Protection of Fundamental Rights

Florentina-Loredana Dragomir-Constantin — Mon, 31 Mar 2025 00:00:00 +0000

Algorithmic transparency in critical information systems is an essential aspect in ensuring fair and responsible use of technologies that influence the daily lives of individuals. Algorithms are increasingly used in sensitive sectors such as finance, law, and healthcare, areas where automated decisions can have significant impacts on the fundamental rights of citizens. In the financial field, algorithms can influence access to credit, risk assessments, and investment management; in the legal system, they can determine sentences or risk assessments for defendants; and in the medical field, algorithms can decide on diagnoses or treatments for patients. Thus, algorithmic transparency becomes crucial for preventing errors and discrimination and protecting the fundamental rights of individuals. The purpose of this article is to analyse the importance of algorithmic transparency in these critical areas, identifying the main challenges and legal implications of their implementation. The methodology of the article is based on a multidisciplinary approach and proposes various regulatory and technological solutions, in order to protect the fundamental rights of individuals in the face of automated decisions.

Transparency Measures in the Trade Facilitation Agreement: Have these improved the scope of GATT Article X?

Willie Shumba — Mon, 31 Mar 2025 00:00:00 +0000

Article X of GATT 1994 represents the first attempt to make trade laws fair, transparent and predictable in order to facilitate trade at a global level. The background of these provisions can be traced as far back as GATT 1947. With effect from February 2017, a new Trade Facilitation Agreement (TFA) of the World Trade Organisation (WTO) entered into force. The TFA reviewed Article X, and it identified additional measures which are designed to facilitate international trade. This study examines how the TFA has improved and clarified the provisions stipulated in Article X. This was a desk study whose main sources of data were the legal instruments of the WTO and a review of published literature. It was a comparative analysis of Article X and the corresponding provisions laid down in the TFA. The study found that TFA has made significant improvements to Article X, all designed to make the international trade environment more transparent and predictable and thus expedite the movement of goods across borders. The TFA also makes the WTO Members more accountable to one another in the way they process international trade. The study therefore adds knowledge to academia and practitioners engaged in international trade.