Welcome to the archives of the Journal of Family Rights and Intellectual Property (JFRIP). Here, you can explore our past issues, each filled with valuable insights and research in the fields of family rights and intellectual property law. Click on the links below to access the full contents of each issue.
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Volume 2
Issue 1 JANUARY- JUNE 2025
Volume 2(Issue 1) JANUARY- JUNE 2025 Research Articles
Consumer Influence on Corporate Sustainability: Curbing Deceptive Business Practices
Vol.2(1); Pages:1-11. Published on April 2025
Abstract
The role of consumers in shaping corporate sustainability has gained increasing attention as businesses strive to align with ethical standards and environmental goals. This paper explores the critical influence of consumer behavior on the achievement of corporate sustainability, with a particular focus on the reduction of unfair commercial practices. Unfair commercial practices, including misleading advertising, hidden charges, and exploitative marketing strategies, undermine consumer trust and contribute to social and environmental harm. Consumers, empowered by access to information and a growing awareness of corporate responsibility, are growing pressure on companies to be more accountable and transparent. This shift in consumer expectations is pressuring companies to adopt fairer practices, reduce their environmental impact, and enhance social equity in their operations.The paper argues that consumers play a pivotal role in driving corporate change by choosing to support companies that prioritize sustainable practices and by actively participating in advocacy against unethical business behaviors. Through case studies and empirical research, the paper demonstrates how consumer activism and ethical consumption have led to significant shifts in corporate policies, resulting in more sustainable business models. Moreover, the research highlights the symbiotic relationship between consumer education and corporate accountability, implying that the long-term viability of sustainable business strategies depends on informed consumers.The findings suggest that while consumers alone cannot enforce corporate sustainability, their collective actions and preferences significantly influence corporate strategies and contribute to the broader movement towards a more sustainable economy. The paper concludes with recommendations for enhancing consumer awareness and engagement, as well as strategies for businesses to align their practices with the evolving expectations of ethically conscious consumers.
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Corporate Accountability for Environmental Offenses in Vietnam: Legal Structure and Challenges
Vol.2(1); Pages:12-20. Published on April 2025
Abstract
Corporate criminal liability for environmental crimes in Vietnam represents a crucial aspect of the nation’s efforts to address and mitigate environmental degradation. This paper examines the legal framework governing corporate criminal liability in Vietnam, focusing on environmental offenses and the associated regulatory mechanisms. The study explores the legislative evolution, key statutes, and enforcement practices that underpin corporate accountability for environmental crimes. It also addresses the challenges faced in implementing and enforcing these regulations, including issues related to the identification of corporate culpability, procedural inefficiencies, and the effectiveness of sanctions. By analyzing case studies and reviewing relevant legal provisions, the paper aims to provide a comprehensive understanding of how Vietnam’s legal system approaches corporate environmental responsibility, highlighting both the strengths and weaknesses of the current framework. The findings offer insights into potential reforms and improvements needed to enhance corporate accountability and foster sustainable environmental practices in Vietnam.
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Concluding Recommendations on Lot Entitlements Under the Body Corporate and Community Management Act 1997 in Property Law Analysis
Vol.2(1); Pages:21-31. Published on April 2025
Abstract
This review examines the final recommendations on lot entitlements under the Body Corporate and Community Management Act 1997, focusing on their impact within property law. The Body Corporate and Community Management Act 1997 (BCCM Act) is a key piece of legislation in Queensland, Australia, that governs community title schemes. Lot entitlements determine the proportionate share of body corporate expenses, voting rights, and other significant matters within such schemes. Over the years, the provisions related to lot entitlements have been a subject of debate due to perceived inequities and inconsistencies in their application, leading to significant legal and financial implications for property owners.The review delves into the historical context and evolution of lot entitlements, exploring the legislative amendments and judicial interpretations that have shaped the current framework. It critically analyzes the challenges posed by the existing system, such as disputes over fairness in the allocation of costs and the impact on property values. The recommendations proposed in the final review aim to address these challenges by offering a more equitable and transparent approach to the determination and adjustment of lot entitlements.Key reforms include clarifying the criteria for setting and adjusting lot entitlements, enhancing procedural fairness in decision-making processes, and providing clearer guidelines for dispute resolution. The review also considers the broader implications of these recommendations for property law, particularly in terms of balancing individual property rights with collective responsibilities within community title schemes.The final recommendations represent a significant step towards ensuring that the lot entitlement system under the BCCM Act operates fairly and effectively, thereby promoting stability and confidence in Queensland’s property market.
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The Philosophical Foundations of Criminal Law: Exploring Legal Knowledge and Justification
Vol.2(1); Pages:32-39. Published on April 2025
Abstract
The study of the epistemological foundations of criminal law involves examining the nature, scope, and limits of legal knowledge and justification within the criminal justice system. This exploration delves into how legal principles are established, validated, and applied, as well as the underlying philosophical frameworks that inform these processes. Central to this inquiry is the analysis of the sources and types of knowledge that are deemed credible and authoritative in criminal law, including statutory texts, judicial precedents, expert testimonies, and empirical data. The role of rationality, evidence, and moral reasoning in shaping legal doctrines and decisions is also critically evaluated. Furthermore, the research investigates the challenges of epistemic uncertainty and the implications of cognitive biases and errors in legal judgments. By understanding the epistemological underpinnings of criminal law, this study aims to enhance the clarity, coherence, and fairness of legal practices and to contribute to the development of a more just and effective criminal justice system.
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Truth, Knowledge, and the Burden of Proof in Criminal Law: A Critical Examination
Vol.2(1); Pages:40-47. Published on April 2025
Abstract
The study of the epistemological foundations of criminal law involves examining the nature, scope, and limits of legal knowledge and justification within the criminal justice system. This exploration delves into how legal principles are established, validated, and applied, as well as the underlying philosophical frameworks that inform these processes. Central to this inquiry is the analysis of the sources and types of knowledge that are deemed credible and authoritative in criminal law, including statutory texts, judicial precedents, expert testimonies, and empirical data. The role of rationality, evidence, and moral reasoning in shaping legal doctrines and decisions is also critically evaluated. Furthermore, the research investigates the challenges of epistemic uncertainty and the implications of cognitive biases and errors in legal judgments. By understanding the epistemological underpinnings of criminal law, this study aims to enhance the clarity, coherence, and fairness of legal practices and to contribute to the development of a more just and effective criminal justice system.
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Volume 1
Issue 2 JULY – DECEMBER 2024
Research Articles Volume 1 (Issue 2) JuLY – dECEMBER 2024
Impact of Fake News on Freedom of Expression and the Right to Information
Vol.1(2); Pages:1-8. Published on August 2024
Abstract
The proliferation of fake news in the digital age has profound implications for fundamental rights such as freedom of expression and the right to information. As misinformation and disinformation increasingly permeate public discourse, they not only undermine the integrity of information but also distort the democratic process. This paper explores the intricate relationship between fake news and these fundamental rights, emphasizing how misinformation can inhibit the free exchange of ideas and restrict access to accurate information. The rise of social media platforms has exacerbated these challenges by enabling the rapid spread of false information, thereby complicating efforts to uphold journalistic standards and protect public trust. By examining case studies and theoretical perspectives, this study aims to highlight the systemic issues arising from fake news and propose potential solutions for mitigating its impact on civil liberties. The analysis underscores the necessity of balancing regulatory measures with the preservation of fundamental freedoms, advocating for enhanced media literacy, transparency in information sources, and robust mechanisms to counteract the effects of fake news.
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Interlegality and Supranational Rights: The Italian Constitutional Court’s Role in a Plurality of Legal Orders
Vol.1(2); Pages:9-18. Published on September 2024
Abstract
This paper explores the concept of interlegality, focusing on the role of the Italian Constitutional Court in navigating the plurality of legal orders and the incorporation of supranational fundamental rights. Interlegality, a framework that captures the interaction and intersection of multiple legal orders, provides a lens through which to understand the complexities faced by national courts in a globalized legal landscape. The Italian Constitutional Court serves as a compelling case study due to Italy’s unique legal system, characterized by its interaction with European Union (EU) law, the European Convention on Human Rights (ECHR), and other international legal instruments.The discussion delves into how the Italian Constitutional Court balances national constitutional principles with supranational obligations, highlighting landmark cases that illustrate the Court’s approach to interlegality. The paper examines the mechanisms employed by the Court to harmonize conflicts between domestic and supranational norms, and the implications of these decisions for the protection and enforcement of fundamental rights. By analyzing the Italian Constitutional Court’s jurisprudence, the paper sheds light on the broader phenomenon of interlegality, offering insights into the evolving dynamics of legal pluralism and the protection of human rights in an interconnected legal environment.
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Issue 1 JANUARY – JUNE 2024
Research Articles Volume 1 (Issue 1) JANUARY – JUNE 2024
Balancing Property Rights and Environmental Protection: Challenges and Solutions
Vol.1(1); Pages:1-11. Published on April 2024
Abstract
The intersection of property rights and environmental protection represents a critical and often contentious area of legal and policy discourse. This paper explores the complex relationship between the rights of property owners and the imperative to safeguard the environment. The core challenges in balancing these interests stem from conflicts between private land use and public environmental goals. Key issues include regulatory takings, land use restrictions, and the implementation of sustainable practices. The paper examines historical and contemporary legal frameworks, including landmark cases and statutes that have shaped the current landscape. It also considers innovative solutions and strategies for reconciling property rights with environmental sustainability, such as market-based approaches, conservation easements, and community-based resource management. Through a multidisciplinary lens, this paper aims to provide a comprehensive analysis of the theoretical and practical dimensions of this balance, offering insights into how legal systems can evolve to address the pressing environmental challenges of our time without undermining fundamental property rights.
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Examining Legal Capacity in Private and Constitutional Law: A Comparative Analysis
Vol.1(1); Pages:12-21. Published on May 2024
Abstract
Legal capacity is a fundamental concept that plays a crucial role in both private and constitutional law, impacting individuals’ ability to engage in legal transactions and exercise their rights. This paper aims to provide a comprehensive comparative analysis of legal capacity within these two branches of law. In private law, legal capacity refers to an individual’s ability to hold rights and duties and to enter into binding agreements. This includes aspects such as age, mental competency, and the influence of external factors that might limit one’s legal actions. Conversely, constitutional law addresses legal capacity from the perspective of fundamental rights and freedoms, often focusing on issues of autonomy, equality, and the protection of vulnerable populations.By juxtaposing the treatment of legal capacity in private and constitutional law, this analysis reveals significant overlaps and divergences. For instance, while private law emphasizes contractual capacity and the validity of personal agreements, constitutional law prioritizes ensuring that all individuals can fully participate in the political and social life of their country. This paper also explores how various jurisdictions address conflicts between private autonomy and public protection, particularly in cases involving minors, individuals with disabilities, and other marginalized groups. Through a detailed examination of legal doctrines, case law, and statutory frameworks, this paper underscores the importance of a nuanced understanding of legal capacity that accommodates both individual autonomy and societal protection.
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Fundamental Procedural Rights and Constitutional Integrity in the Fundamental Law
Vol.1(1); Pages:22-29. Published on May 2024
Abstract
The exploration of fundamental procedural rights and constitutional integrity within the framework of the Fundamental Law is essential for understanding the interplay between individual rights and constitutional governance. This study delves into the essential procedural rights guaranteed under the Fundamental Law and their implications for maintaining constitutional integrity. It examines how procedural rights such as due process, fair trial, and equal protection contribute to the legitimacy and effectiveness of legal and governmental processes. By analyzing case law, statutory provisions, and legal interpretations, the research highlights the critical role of procedural rights in safeguarding democratic principles and ensuring adherence to constitutional mandates. The study further addresses challenges and controversies related to procedural rights, including the balance between state interests and individual freedoms, and offers recommendations for strengthening procedural safeguards in the context of evolving legal landscapes.
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Global Challenges in Environmental Law Enforcement and Their Impacts on Sustainable Development
Vol.1(1); Pages:30-37. Published on June 2024
Abstract
The enforcement of environmental laws faces significant global challenges that profoundly impact sustainable development. As nations grapple with varying degrees of legal frameworks, political will, and resource allocation, the effectiveness of environmental regulations often falls short. This inadequacy undermines efforts to achieve sustainability goals, particularly in developing regions where environmental degradation is most severe. The complexity of transboundary pollution, illegal resource exploitation, and climate change further complicates enforcement efforts. Effective law enforcement requires robust institutional frameworks, international cooperation, and the integration of technology to monitor compliance and enforce regulations. This abstract explores the multifaceted challenges of environmental law enforcement, including inadequate legal mechanisms, insufficient funding, corruption, and lack of public awareness. It examines their implications for sustainable development, highlighting the need for a coordinated global approach to strengthen enforcement mechanisms and ensure that environmental protections support long-term ecological and economic sustainability.
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Hungarian Constitutional Court’s Practice on Fundamental Rights Restrictions During the Special Legal Order
Vol.1(1); Pages:38-46. Published on June 2024
Abstract
This paper explores the Hungarian Constitutional Court’s practice regarding the restriction of fundamental rights during the special legal order imposed between 2020 and 2023. The special legal order, declared in response to the COVID-19 pandemic, granted the government extensive emergency powers, which led to significant limitations on individual rights and freedoms. The study examines the legal framework underpinning the special legal order, the Constitutional Court’s rulings on the proportionality and necessity of the restrictions, and the broader implications for constitutionalism and the rule of law in Hungary. Through a detailed analysis of court decisions, this research identifies key trends and patterns in judicial reasoning, the balance struck between public health and individual rights, and the extent to which the court maintained its role as a guardian of constitutional rights during a time of crisis. The findings reveal a complex interplay between emergency governance and constitutional oversight, shedding light on the challenges faced by constitutional courts in maintaining democratic principles under extraordinary circumstances.
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Thank you for exploring the archives of the Journal of Family Rights and Intellectual Property. We appreciate your interest in our journal and hope you find our past issues valuable and informative.





