Studies in Law and Justice

The Role of Court of Justice of the European Union in the Provisional Application of Mixed Agreements

Dimitris Liakopoulos — 2025-12-05

The process of provisional application of international treaties deals with the microspheric level of international organizations as a subject of international law. The effects and legal nature of the provisional nature of treaties, especially within the context of European Union law, are part also of the present work. The method used by doctrine and jurisprudence aims to demonstrate consensus. The national norms and procedures followed by bodies that are integral to the phenomenon of the provisional nature of international agreements also serve as targets. Finally, the competences of mixed agreements, the jurisdiction of the Court of Justice of the European Union, national rules, and the influence and interpretation of the rules of the Vienna Convention on the Law of Treaties are points of further analysis.

African Children in Armed Conflict: An Examination of Legal Protection and Practical Challenges

Dr. Kwebe Augustine Nkwiyir — 2026-01-22

Armed conﬂict remains one of the most significant threats to the rights and well-being of children in Africa, despite the existence of an extensive body of international, regional, and domestic legal protections. This article examines the effectiveness of the legal protection of African children in armed conﬂict by analyzing the applicable normative frameworks alongside judicial interpretations and practical realities across conﬂict-affected African states, with particular reference to Cameroon. Adopting a doctrinal and qualitative methodology, the study analyses international humanitarian law, international human rights law, African regional instruments, relevant case law, and reports from the United Nations and other international bodies. The findings reveal a persistent gap between strong normative commitments and weak implementation, driven by fragile domestic institutions, limited accountability, and protracted conﬂicts. Although African regional instruments provide context-sensitive protections, enforcement mechanisms remain underdeveloped, and impunity continues to undermine deterrence. The article contributes to existing scholarship by offering a holistic, multi-layered legal analysis that links normative frameworks, jurisprudence, and empirical challenges affecting children in armed conﬂict in Africa. It concludes that while legal protection is normatively robust, its practical effectiveness remains limited, and meaningful improvement requires strengthened domestic enforcement, child-centered reintegration strategies, and enhanced regional and international cooperation.

On the Construction of Administrative Mediation for Medical Disputes

Dongchuan Lai — 2026-01-23

The doctor-patient relationship is a type of civil legal relationship. Under normal circumstances, it is a contractual relationship based on the complete free will of both parties. In this relationship, patients voluntarily seek medical assistance from doctors, who in turn willingly accept them as patients. As one of the most important interpersonal relationships, the doctor-patient relationship is characterized by mutual interdependence and inseparability. Doctors exist and grow because of patients, and medical science advances in response to diseases—without patients, doctors would lose the foundation of their professional survival. On the other hand, patients suffering from illnesses rely on doctors’ treatment to overcome diseases and regain health; without doctors’ professional help, the protection of patients’ health and lives would lack an effective safeguard. It can be said that patients are the “bread and butter” of doctors, while doctors are the messengers who help patients recover their health. Ideally, doctors and patients should maintain a relationship of mutual trust and harmonious coexistence. However, the conflicts in the doctor-patient relationship that have emerged in recent years have led to an increasing number of medical dispute cases, revealing that the tension between doctors and patients still persists.

In recent years, hospitals across the country have adopted various measures to improve their technical standards and medical quality, and strengthen the management of medical safety. Nevertheless, medical disputes and controversies still occur from time to time. These incidents seriously disrupt the normal order of medical work and activities, damage the legitimate rights and interests of medical institutions, medical staff and patients, and also undermine social harmony and stability. To further enhance the effectiveness of preventing and resolving medical disputes, hospitals have been continuously exploring experience in dispute handling and promoting a diversified dispute resolution mechanism. Administrative mediation of medical disputes is an important channel for settling such conflicts, and it is bound to play an even greater role in resolving medical disputes.

International Regulation of Personal Information Protection in the Context of Cross-Border Data Flows

Bishan Zeng — 2025-12-08

In the era of digital economy, the relationship between personal information protection and cross-border data flows is complementary and mutually constraining. There are two approaches to international regulation of personal information protection in the international community: geographic location-based and organization-based, but both are inadequate. The existing regional trade agreements such as CPTPP, USMCA, and RCEP provide for the protection of personal information by establishing a chapter on electronic commerce, but regional trade agreements can only play a short-term supplementary role, and ultimately the WTO is the multilateral platform for the protection of personal information regulation. GATS Article XIV(c)(ii) is regarded as a relevant provision on personal information protection, but it is not sufficient to meet the challenges faced by personal information protection in the context of cross-border data flows and needs to be improved. In the interim, the WTO should make full use of the necessity test in conjunction with the provisions of the GATS on transparency and recognition agreements. In the long term, a more comprehensive annex on personal information protection should be developed within the GATS.

An Assessment of the Role the Land Consultative Board in the Resolution of Land Disputes in Cameroon

Dr. Akwe Ngole Ray Junior — 2026-01-26

Land disputes in Cameroon persist as a major threat to governance and social stability, driven by tensions between statutory law and customary tenure. To address these conflicts, the Land Consultative Board (LCB) was created as an administrative and advisory body for dispute resolution, especially in cases of land registration and competing claims. This study critically evaluates the LCB’s legal foundation, functions, and effectiveness through doctrinal analysis of legislation, regulations, case law, and scholarly literature. Findings show that while the LCB is pivotal in promoting procedural legality, mediating claims, and bridging statutory–customary divides, its impact is undermined by its non‑binding authority, weak institutional capacity, and poor integration into the broader justice framework. The study argues that strengthening the LCB through legal reforms, clearer recognition of customary claims, enhanced institutional resources, and stakeholder coordination is essential for building efficient, equitable, and sustainable land governance in Cameroon.

Institutional Dilemmas, Friction Mechanisms, and Rule-of-Law–Oriented Optimization Pathways for Local Financial Regulation in the FinTech Era

Bohui Lyu — 2026-01-27

FinTech is reshaping financial supply through data, algorithms, and platform-based operations, while accelerating the cross-domain transmission of risks. Local financial regulation consequently faces a compounded predicament characterized by regulatory lag, misalignment between authority and responsibility, and insufficient capacity for technology-enabled governance. Situated in an institutional setting in which “financial management is primarily a central government responsibility” coexists with territorially based obligations for local risk resolution, this article integrates doctrinal normative analysis, legal-dogmatic interpretation, and institutional analysis. Building on a systematic review of FinTech’s impacts on “7+4” categories of local financial organizations, the article identifies three interlocking friction mechanisms underlying the ineffectiveness of local financial regulation: (i) an inadequate supply of legal and regulatory norms that opens windows for regulatory arbitrage; (ii) ambiguous central-local boundaries of authority and responsibility that generate incentive distortions and coordination failures; and (iii) delayed governance of data-related risks that exacerbates information asymmetries and induces risk spillovers. Based on a cost-benefit assessment of institutional arrangements, the article proposes an optimization pathway centered on: reconstructing a function-oriented regulatory rule system; proceduralizing central-local coordination and accountability chains; formalizing RegTech under the rule of law; and advancing coordinated data governance. These reforms aim to achieve a dynamic equilibrium between “promoting innovation” and “preventing risks,” thereby advancing the modernization of local financial regulation.