Frontiers in Law

Finance, Financial Crime and Regulation: Can Generative AI (Artificial Intelligence) Help Face the Challenges?

C. Singh — 2025-02-17

Generative artificial intelligence (Gen AI) has helped change the trajectory of Banking (FinTech) and Law (Reg Tech/Law Tech). Technology innovates at an astounding rate. AI and Gen AI can not only simulate human intelligence (human thinking) but also perform tasks independently. It can develop intelligence based on its experiences, process detailed and complex information whilst continually learning and re-learning to be able to undertake complex, technical, and time-consuming tasks in real time. It can identify objects, patterns, people and voices(etc.) and look for problems far earlier – this also means it can come up with solutions quickly which in critical situations is of salient importance. The economic, political, and social benefits cannot be underestimated, but must be balanced against its disruptive and destructive potential. This article explores whether Gen AI can help further revolutionise the finance industry and how it can help with risks, and the various regulatory and operational challenges faced by those firms in the United Kingdom (UK). Data is analysed alongside domestic and international published literature. The article starts by summarising current risks and challenges and then discusses how Gen AI can be embedded as part of an arsenal of tools that financial institutions can use to develop and provide solutions to regulatory and operational challenges as at January 2025.

Examining the Role of Deepfake Technology in Organized Fraud: Legal, Security, and Governance Challenges

Leo S.F. Lin — 2025-04-16

Deepfake technology has evolved astonishingly by applying artificial intelligence (AI) to inspire ultra-realistic audio and video content. Initially praised for its legitimate use cases in entertainment and education, deepfake technology has increasingly become a tool for organized fraud and other malicious purposes. This paper investigates the role of deepfake technology in enabling identity theft, financial fraud, and unlawful activities. By conducting a qualitative comparative analysis of three cases, this paper analyzes deepfakes' legal, security, and governance aspects, indicating that deepfakes have posed a massive threat at the national and global levels. Also, this research demonstrates how the current regulatory regimes cannot adequately mitigate these emerging threats. The results expose glaring deficiencies in accountability and enforcement, which are made even more glaring by the global character of the internet and the accelerative pace of technological innovation. This research provides implications of deepfake technology in organized fraud and offers policy recommendations to mitigate the threats and prevent misuse of deepfake technology in the future.

Advisory Opinions under Protocol No. 16 to the ECHR. A Theoretical and Empirical Analysis of the Legal Nature of the ‘Questions of Principle’

E. Albanesi — 2025-07-22

One of the most significant legal arguments against the ratification of Protocol No. 16 to the European Convention on Human Rights (ECHR) is that advisory opinions issued by the European Court of Human Rights (ECtHR) would pose a threat to national sovereignty and judicial discretion. Several counterarguments have already been examined by scholars. The counterargument that will be demonstrated here is that advisory opinions cannot pose a threat to national sovereignty or judicial discretion because they are issued on ‘questions of principle’. In other words, this means that the requesting domestic highest courts or tribunals keep sufficient margin of discretion, when it comes to the concrete case brought before them. Such hypothesis will be demonstrated from a theoretical perspective, reflecting upon the legal concept of ‘principle’; and through an empirical analysis of the advisory opinions issued so far by the ECtHR. Demonstrating the hypothesis would be relevant in order to allow the States to understand that the ratification of Protocol No. 16 would not pose any threat to the discretion of domestic Courts, neither in theory nor in practice.

Historical Policy of Local Communities: Formal-Legal and Informal Foundations

Mikhail Yurievich Martynov — 2025-07-22

The article examines the historical policy of institutionalized and non-institutionalized actors as tools for the formation of national identity and interethnic tolerance. Local communities, whose commemorative practices are family memory, as well as discourses on social networks, are considered as non-institutionalized factors. The research area is Khanty-Mansiysk Autonomous Area - Yugra. The methods used are content analysis of regulatory documents, as well as in-depth interviewing.

Institutionalized and non-institutionalized means of historical policy are considered. It is concluded that historical policy implemented by local communities in the sphere of formation of interethnic tolerance has normative and legal support and is systematic.

The differences between the narratives of historical policy at the local level and the official state discourse are noted. Informal practices of forming collective ideas about the past are not only trusted at the cognitive level, but also have a much deeper impact on the emotional sphere of people, appealing to images of family or local history. And this often turns out to be a factor that has a deeper impact on the formation of collective ideas about the past.

As a result, in some cases the narratives of state historical policy are simply ignored by collective memory, while in others they can acquire a significantly different semantic content. Even in cases where collective ideas about the past seem to coincide with the official narrative, the concepts they operate with can have a significantly different semantic content compared to the indoctrinal position. As a result of this kind of aberration of historical memory, the connotations of historical events acquire completely different meanings in people's memory compared to the official discourse.

US Vicarious Liability of Parents for Copyright Infringement by Minors: Review and Reform

Hamed Najafi — 2025-07-22

Vicarious liability is one of the types of responsibilities arising from the acts of others. In US law, there are general rules that, if the persons under the control, commit copyright infringement and a financial benefit reach to the person with the right of control, the latter will have a vicarious liability. Undoubtedly, minors are one of the most obvious examples of people under control, which is often done by their parents. Moreover, in the current era, it is very likely that many infringements are committed by minors, especially in the Internet environment. Therefore, parents are generally subject to vicarious copyright liability arising from the infringing acts minors. the probability of vicarious liability of Parents for chides copyright infringement, has been given under general rule of this type of liability, while the nature of the relationship between parents and children and the basis of parents' responsibility for the fault of their children, Requires some differences in this regard.

Quest for Philosophical Groundings of Affirmative Action Policy

Sooraj Kumar Maurya — 2025-07-24

From its inception to the present, affirmative action has been a never-ending issue. Despite being endlessly debated since its inception, an unmistakable agreement on whether or not a nation's government can implement affirmative action policy appears to have gone unnoticed thus far. Affirmative action is a public policy that seeks to compensate victims of past injustice at the expense of others' possession. This is why it is viewed negatively in terms of equality and possessive individualism. At best, a few fashionable philosophers, such as John Kekes and Carl Cohen, do not believe in affirmative action policy because it, explicitly or implicitly, discounts the equality opportunity principle. In contrast to the position, some thinkers, such as John Rawls, believe that affirmative action policies for the disadvantaged and under-represented should be implemented. The purpose of this paper is to provide a philosophical understanding of affirmative action policy by constructing affirmative action policy's positive (favouring) and negative (disfavoring) arguments. The author's position on this issue will be advanced at the end of the paper.

International Survey about Perceptions of Courts’ Role in Addressing Social Issues through Problem-Solving Courts

M. Katie Cunius — 2025-10-14

Purpose of the study: Community sentiment is a collective group of attitudes toward an object–such as problem-solving courts–which could differ between populations. This study addresses community sentiment regarding whether the courts should address social problems and whether community sentiment differs based on the type of problem-solving court. It also investigates whether the perceived responsibility of courts to address social issues differs based on country (United States, Australia, and Canada) or individual differences, as well as whether group or individual differences are more predictive of support for problem-solving courts. Method: We surveyed citizens in the U.S., Australia, and Canada using an online survey. Results: We found that participants had positive community sentiment toward all four (drug, homelessness, mental health, tribal wellness/Aboriginal) problem-solving courts and community sentiment did not differ between countries. We also found that endorsement of therapeutic jurisprudence was the largest predictor for community sentiment toward all four courts. Conclusion: We found that sentiment was positive but similar in all countries. Individual differences (e.g., authoritarianism, support for justice principles, and attributions for crime) were stronger predictors than country of residence. This study can help encourage the creation of specialty courts to address social issues.

Educational Empowerment: Michelle Obama's Advocacy for Girls' Right to Education

Eva María Ramos López — 2025-10-16

Michelle Obama, lawyer, writer, and former First Lady of the United States (2009-2017), has become a role model for women because of her beliefs in universal access to education. She has especially been a staunch defender of human rights and, in particular, of the rights of girls not only to access education, but also to remain in the system to access a university education that guarantees them a future and allows them to be independent. Unfortunately, this permanence in the educational system often entails a struggle against discriminatory social conventions based on gender, which lead girls to abandon their studies and, therefore, be relegated to the domestic-private sphere. In 2015, Michelle Obama and her husband launched Let Girls Learn to promote girls’ schooling and raise awareness of their need for higher education worldwide.

Conflict-of-Laws Issues of Determining Administrative Jurisdiction and Deviation From Established Judicial Practice: The Case of Ukraine

Oksana Shcherbaniuk — 2025-12-11

The issue of the occurrence of the causes of conflicts of law is relevant, since its solution will depend on the clarity of the presentation of the legal problem. In addition, the formation of a proper functioning mechanism for resolving conflicts of law will increase the efficiency of legal regulation and ensure the stability and development of the legal system as a whole.

It should be stated that the conflict problem before the twentieth century. was not the subject of special analysis and study. Everything, as a rule, was limited to stating the legal fact of the existence of collisions, as well as highlighting the most typical ways to overcome them.

One of the obstacles to the proper functioning of the mechanism for determining and delimiting the administrative jurisdiction of cases of administrative offenses and other administrative cases is the existence of separate legal conflicts. At the same time, legal conflicts are characteristic not only in the issues of delimitation of jurisdiction for consideration of administrative and tort cases, but they also take place in the delimitation of the subjects of competence of administrative jurisdiction bodies.

The imperfection of legislative technique and contradictions in laws, the presence of cases of regulation of the same legal relations by the norms of different laws leads to unequal application by the court of the same norms of substantive law and the adoption of different court decisions in similar legal relations. Therefore, the Constitution of Ukraine guarantees the right to appeal and cassation review of court decisions. As S. Shevchuk notes, acting according to the law, courts can violate the organic essence of law, taking the norm out of context. The norms of the law should be applied in the context of European standards – to promote the protection of human rights and freedoms in order to comply with the principle of the rule of law: finding a principle in which a norm can only be an element of argumentation.

Algorithms of Air Law - Connecting the Dots

Ruwantissa Abeyratne — 2025-12-11

Rapid developments in the aviation industry bring to bear the compelling need to reexamine algorithms in air law. For example, the advent of advanced air mobility (AAM), typified by eVTOL aircraft and algorithm-driven systems, compels an evaluation of traditional air law. Rooted in treaties such as the Paris Convention of 1919 and the Chicago Convention of 1944, air law has evolved incrementally in response to the growth of global aviation. However, the rapid emergence of technologies such as autonomous aircraft, drones, and quantum computing necessitates a transformative approach. Algorithms, once peripheral to legal considerations, now lie at the heart of this evolution. These systems provide not only a means of optimizing safety and efficiency but also an avenue for addressing the intricate interplay of liability, governance, and ethical considerations.

The Council of the International Civil Aviation Organization (ICAO) stands at the forefront of this transformation. Leveraging its role as a global standard-setter, the Council can convene stakeholders to develop adaptive legal instruments, emphasizing cybersecurity protocols, liability apportionment, and equitable access. By fostering interdisciplinary collaboration and engaging in proactive governance, ICAO can ensure that AAM integrates innovation with fairness and resilience.

Ultimately, the integration of algorithms into air law represents more than a technological shift; it demands a philosophical reorientation. The algorithm emerges not only as a tool but also as a metaphor for interconnectedness and adaptability. Air law, in embracing this paradigm, must transcend prescriptive rules to become a living, dynamic framework capable of guiding aviation into an equitable, sustainable future. Only through such an approach can we ensure that the skies remain navigable, secure, and just, reflecting a balance between technological progress and human values. This article examines the issues involved.

Analyzing Secondary Trademark Liability from the Perspective of Economic Strategy in US and Iranian Law

Hamed Najafi — 2025-12-11

In US law, trademark infringement can occur in two ways: direct and indirect. In the latter case, a person, without committing an act that constitutes trademark infringement, performs a behavior that, depending on the case, results in the realization of participatory (and motivational) or vicarious liability. Considering the state of technological innovation in America, the identification of such an institution seems justified. In the Iranian legal system, indirect liability for trademark infringement is not foreseen and various instances of this type of infringement are subject to general civil liability regulations, which is logical considering the state of technological innovation in Iran. The purpose of the present study, using a desc riptive-analytical method, is to examine the liability for indirect trademark infringement from the perspective of its effects in the field of technology. The US situation in terms of technology justifies the recognition and application of such a liability, considering its elements.However, considering the state of technological innovation in Iran and considering all the circumstances, including international regulations, Iran's political-economic situation in the international arena, etc., the failure to recognize the entity of indirect liability resulting from trademark infringement and reliance on general civil liability provisions in this context is justified and recommended.