The rapid advancement of biotechnologies involves human subjects that brings forth intricate ethical, legal, social, and religious challenges. Recent breakthroughs in cloning and stem cell research have generated new hopes as well as presents considerable promise for treating severe diseases and regenerative medicine. In this regard, for advancements in biotechnology to be clinically applicable in medicine, it’s essential to comprehend both scientific principles and ethical implications, taken into consideration the scientific roadblocks impeding advancement in therapeutic cloning such as tumorigenicity, epigenetic reprogramming and interspecies pathogen transfer. As research in this area progresses, it will clarify that stem cells can be obtained from various sources, including therapeutic cloning, which involves cloning embryos from the nuclei of somatic cells or cloning individual organs in the laboratory. This article studies the legitimacy extent of therapeutic cloning in Islamic Fiqh and comparative law, using the comparative analytical approach. Thus, we have reached a number of results, the most important of which is that the Islamic Fiqh perspective on the illegality of extracting stem cells by creating therapeutic embryos using Somatic Cell Nuclear Transfer (SCNT). It is deemed unacceptable to create an embryo for the purpose of its development and then destroying it for the purpose of stem cells, as this is unacceptable that turns the human being into a source for spare parts. Conversely, cloning specific organs and tissues in the laboratory for medical purposes is considered permissible, provided that it does not harm anyone or violate their sanctity that is consistent with many comparative laws.
This article examines the legal challenges associated with the utilization of marine genetic resources (MGR) at both the national level and beyond national jurisdiction (BBNJ). The legal challenges addressed are as follows: 1) MGR are located across various jurisdictions, encompassing both national and international domains. The analysis starts with an overview of the international regulations that govern the utilization of genetic resources (GR) and their influence on national legislation. It emphasizes the principle of state sovereignty over natural resources while defining MGR and determining ownership; 2) It further highlights the intersection of national and international laws, particularly in transboundary contexts and within Indigenous and Afro-descendant peoples (IADP) territories, analyzing how these regulations are interpreted and applied in such scenarios; 3) The legal challenges related to the use of MGR in international waters are examined. Special emphasis is placed on the recent United Nations (UN) Agreement concerning this issue. This includes an analysis of its impact and specific provisions related to the utilization of MGR, such as the quantity to be collected, the methodology employed, collection sites, among others. The article concludes by asserting that the equitable distribution of benefits from the use of GR should begin at the earliest stages of access to these resources, including project planning and sample collection, rather than being delayed until the patenting and commercialization phases. Early benefit-sharing is essential for promoting fairness and equity in the use of MGR.
Cases of human trafficking are becoming more prevalent and represent grave abuses of human rights. Both locally and internationally, victims of human trafficking run the danger of being exploited, violent, or infected with contagious illnesses. The Indonesian government has not fully complied with the minimal criteria for safeguarding victims of human trafficking, notwithstanding Law Number 21 of 2007 for the Eradication of the Crime of Human Trafficking. Human rights restoration and respect for victims of human trafficking must be given priority in the implementation of legal protection for these individuals. To strengthen and increase the security of victims’ rights in the future, this study intends to conduct a thorough analysis of the humanism approach model and policies for safeguarding victims of human trafficking. This research uses an empirical technique to support its normative legal analysis. Primary and secondary legal sources are used in this research. The study’s findings show that the protection provided by humanist criminal law for victims of human trafficking is founded on humanitarian principles that derive from the divine principles found in the Pancasila ideology. There are additional requirements for punishment, such as its purpose, its ability to serve as therapy, and its determination to reflect the victim’s and society’s sense of justice. This criminal law is founded on the principles of legality and balance.
As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, “Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded.” Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. Including the legislation study methodology, comparative methodology is also adopted in this paper to analyze the changes and trend of these principles. The paper reveals that the Paris Convention, which was established in 1960, was the first attempt to establish a comprehensive legal regime for nuclear damage liability. Most of the principles of this Convention have been inherited by subsequent international treaties and domestic legislations. With the awareness of protecting public’s rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry, which should be paid attention to and deeply learnt by domestic legislators of all states for the establishment and perfection of their domestic legislation in this field.
The causation conundrum in climate change litigation has long plagued the legal and scientific communities. This article explores the role of climate attribution theory in solving the loss and damage causation puzzle in climate change litigation. First, it describes the limitations of traditional causation theories in climate change litigation and analyzes the performance of emerging theories, such as the “substantial contribution” theory and the “market share” theory, in addressing this issue. The paper then evaluates the application of climate attribution theory in actual litigation through specific case studies and puts forward a series of policy recommendations. These include strengthening funding and support for climate attribution research, establishing a platform for interdisciplinary cooperation, developing a unified standard of proof, promoting public and judicial education, and promoting the improvement of the international legal framework. Finally, the paper points out the main problems and limitations in the application of climate attribution theory and proposes key directions for future research. The paper posits that by fostering continuous scientific research and enhancing the legal framework, climate attribution theory will assume a more prominent role in climate change litigation and facilitate the process of global climate governance.
As the involvement of Chinese enterprises in cross-border mergers and acquisitions (M&A) increases, on the one hand, it can drive enterprises to integrate with the international community and accelerate their transformation and upgrading, continuously enhancing their international competitiveness; on the other hand, it will also cause enterprises to experience more setbacks and challenges, especially the “weak acquisition of the strong” reverse cross-border acquisitions, which makes enterprises face a higher risk of failure. Reasonable control rights allocation can fully utilize the competitive advantages of enterprises, achieve synergistic cooperation among shareholders, board of directors, and management, promote the realization of enterprises’ cross-border acquisition goals, and thus enhance the value creation of acquisitions. There is a positive correlation between internal legitimacy and acquisition performance; the relevant assumptions about the distribution of shareholder control rights are invalid; the control rights at the board of directors level are negatively correlated with internal legitimacy and acquisition performance, and internal legitimacy has a mediating effect between the control rights at the board of directors level and acquisition performance, but the moderating effect of the acquisition mode is not significant; the control rights at the management level are negatively correlated with internal legitimacy and acquisition performance, and internal legitimacy has a mediating effect between the control rights at the management level and acquisition performance, and the acquisition mode negatively moderates the relationship between the control rights at the management level and internal legitimacy. This study takes the post-acquisition control rights allocation as the entry point, and examines the cross-border acquisition activities of Chinese enterprises from the perspective of stakeholders. The research results not only can enrich existing acquisition theory, but also can provide theoretical guidance for Chinese enterprise managers on allocation of control of target enterprises, and provide a theoretical basis for the state to formulate and optimize the system and policies of enterprises’ cross-border acquisitions.
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