Journal of Law, Society and Authority

Gendered Vulnerabilities and Resilience: Exploring the Intersection of Climate Change and Women's Empowerment in the MENA Region

Sihem Benrahou — 2025-09-01

This study examines the gendered impacts of climate change in the MENA region, focusing on women’s unique vulnerabilities and capacities for resilience. Drawing on qualitative analysis of interviews and focus groups with women across diverse communities, the research identifies three key findings: (1) structural inequalities significantly amplify women’s climate risks; (2) traditional knowledge systems provide crucial adaptive resources; and (3) existing policy frameworks systematically underutilize women’s leadership potential in climate adaptation. The methodology combines participatory research with policy analysis to bridge academic and practical perspectives. Results demonstrate that while restrictive gender norms heighten vulnerability, women consistently develop innovative coping strategies at both household and community levels. These findings challenge the passive-victim narratives prevalent in much of the existing literature. The study concludes by proposing a three-part policy framework: (1) gender-sensitive vulnerability assessments, (2) institutional channels for women’s participation in climate governance, and (3) targeted investment in women-led adaptation initiatives. These recommendations are grounded in empirical evidence from the region and designed for practical implementation.

The Developmental State Put to the Test by Bricolage in Cameroon: An Ethnography of the Olembe Sports Complex in Yaoundé

Boris Anguissa Bekono Jean Chepelin — 2025-09-01

This article offers an ethnographic reading of the Olembe Sports Complex, a flagship infrastructure project in contemporary Cameroon, to explore how public action is constructed within a state that claims to be developmentalist. Drawing on fieldwork and interviews with institutional, technical, and local actors, it analyzes how a project intended to embody state infrastructural prowess instead reveals the administrative, contractual, and social bricolage shaping public policy implementation. Anchored in a critical reading of the developmental state literature—especially in post-adjustment contexts—this article shifts the analytical focus to the margins of public action, where policies are carried out amid political imperatives, resource scarcity, and strategies of circumvention. The case of Olembe shows how the Cameroonian state combines symbolic voluntarism, competing political rationalities, and fragmented governance in its attempts to deliver major infrastructure commitments. The article unfolds along two lines of inquiry. The first examines the symbolic and territorial dimensions of the project, situating it within state legitimation strategies anchored in the ideology of emergence. The second highlights the practical forms of bricolage surrounding the project’s execution: overlapping institutions, unstable contracts, financial opacity, informal labor practices, and social tensions in surrounding areas. Ultimately, the Olembe construction site is not an exception but a typical scene of state formation in the Global South: a composite state, constantly adjusting, that governs through compromise, urgency, and improvisation more than through centralized planning. The ethnography of the site thus becomes a privileged lens through which to observe the contingent yet strategic making of state authority.

The Global Financial System and Digital Currencies: The Dialectic of Conflict and Convergence — A Case Study of the United States of America

Hichem Daoud El-Ghandja — 2025-09-01

This study examines the conflictual relationship between supporters and opponents of cryptocurrencies in the United States, where this debate is particularly pronounced. Employing a dialectical approach, the research analyzes the growing prominence of pro-cryptocurrency trends, particularly in the realm of political influence, as exemplified by Donald Trump’s courting of the crypto community during the U.S. presidential election and the significant crypto-based donations observed in the election cycle. Conversely, the anti-cryptocurrency trend underscores concerns about the decentralized nature of cryptocurrencies, the lack of regulatory oversight, and the surge in fraud and corruption cases within the crypto space, all of which may threaten the stability of the U.S. financial system. The methodology combines dialectical analysis of the debate with a review of quantitative data and statistics to substantiate the arguments of both sides. The findings reveal that while cryptocurrencies present both risks and opportunities, the crypto community has gained sufficient influence to shape political outcomes, as demonstrated in the U.S. elections. The study concludes with several recommendations: distinguishing the negative aspects of cryptocurrencies, such as decentralization and fraud, from their potential to positively impact economic and political systems; and recognizing that as the cryptocurrency market expands, adoption and regulation will be essential to manage financial flows within blockchain systems. Finally, the study notes that countries such as Algeria, which currently ban cryptocurrencies, may miss out on the economic opportunities they offer, despite the associated risks.

The Erosion of the Right to Privacy in International Law: Legal and Ethical Implications in the Digital Age

Smail Brahimi — 2025-09-01

The development of the right to privacy in international law is a complex process that requires an in-depth analysis of its historical progression. Initially, privacy was not clearly recognized as a distinct human right within legal systems. Over time, however, foundational legal concepts—such as the protection of individuals’ homes and communications—laid the groundwork for privacy rights. The modern recognition of privacy as a fundamental right began to emerge with key international instruments, notably the Universal Declaration of Human Rights (UDHR) in 1948, which enshrined the right to privacy in Article 12, and later the International Covenant on Civil and Political Rights (ICCPR) in 1966, which reinforced privacy protections in Article 17. These instruments marked significant milestones in the evolution of privacy rights under international law.

Nevertheless, the right to privacy continues to face persistent challenges, particularly in the digital age. Technological advancements—including digital surveillance, data analytics, and the growing capacity of governments and corporations to monitor individuals—pose new legal and ethical dilemmas. These digital challenges necessitate ongoing adaptation of legal frameworks to ensure the protection of privacy in a constantly evolving technological landscape. Safeguarding digital privacy is crucial in today’s interconnected world and requires continuous dialogue and cooperation among states, international organizations, technology companies, and civil society actors to preserve privacy protections in the face of mounting threats.

Israel in Africa: A Study of the Emotional Intelligence Strategy

khadidja Bouamer — 2025-09-01

This study examines the role of emotional intelligence in international diplomacy, with a particular focus on Israel’s engagement with the African continent. As Africa assumes increasing geopolitical and economic significance, understanding how emotional intelligence shapes diplomatic interactions becomes crucial. The research explores how Israeli diplomats employ emotional intelligence to build trust, strengthen partnerships, and navigate the continent’s complex political dynamics. A qualitative methodology was applied, relying on content analysis of diplomatic speeches, policy documents, and historical interactions between Israel and African states.

Findings reveal that emotional intelligence plays a central role in advancing economic cooperation, thereby reinforcing Israel’s influence in Africa. The study also highlights the varied responses of African actors to this emotionally driven approach. While some states embraced it as a tool for development and collaboration, others reacted with caution or resistance—particularly where it intersected with colonial memory and ethical positions on global issues.

These results resonate with existing literature emphasizing the importance of emotional intelligence in international relations, while also underscoring the need to account for local cultural and political contexts that shape its effectiveness. The study recommends incorporating emotional intelligence training into diplomatic education programs and calls for further research in other regional contexts to assess its broader applicability in global diplomacy.

Artificial Intelligence in Algeria: A Diagnostic Assessment

Fayza Sari Mohamed — 2025-09-01

In the midst of ongoing digital transformations, the world has increasingly become a global village through the rapid expansion of internet networks, information technologies, and artificial intelligence (AI) applications. Algeria is among the countries striving to adapt to these global dynamics by accelerating its efforts in the field of digitalization. For several years, the Algerian state has shown growing interest in digital modernization, with initiatives aimed at improving data systems, promoting technological innovation, and creating the necessary conditions for the development of AI technologies in line with global trends.

Despite these efforts, Algeria’s path toward adopting AI has been marked by persistent challenges. The most critical obstacles include a shortage of highly qualified personnel capable of developing and applying advanced AI systems, as well as insufficient infrastructure to support large-scale digital transformation. These constraints limit the country’s ability to fully harness AI’s potential across vital sectors such as healthcare, education, agriculture, and governance. In addition, the lack of synergy between research institutions, universities, and industry actors continues to slow progress and reduce the effectiveness of state-led initiatives.

Nonetheless, the Algerian state’s growing focus on digitalization demonstrates a recognition of the strategic role of AI in driving socio-economic development and strengthening competitiveness in the digital age. With sustained investments in human capital, infrastructure, and institutional capacity, Algeria has the potential to gradually overcome these challenges and move toward more effective integration of AI technologies.

Protection of Women's Rights in Algerian Legislation

Salah Yahiaoui — 2025-09-01

Algerian women, like the broader population, endured significant hardships during the French colonial period, yet they played an active and courageous role in the struggle for national liberation alongside men. Independence in 1962 fulfilled aspirations for national freedom but also marked the beginning of a new struggle: securing women’s rights and freedoms within a modern society.

In line with many conservative societies, Algerian social structures remained strongly attached to traditional principles and cultural norms, which imposed limitations on women’s freedoms and rights. These restrictions were often codified in the country’s constitutions and internal legislation, shaping the social and legal environment in which women lived. As a result, post-independence advocacy focused on challenging and reforming legal provisions perceived as unjust or discriminatory.

This struggle was marked by tension between two opposing currents: one advocating for the abolition or reform of restrictive laws, and the other emphasizing the preservation of certain legal provisions as newly acquired rights or social protections. Navigating this dynamic required resilience, strategic advocacy, and sustained engagement with both legal and societal structures.

The evolution of women’s rights in Algeria reflects both the progress achieved since independence and the ongoing challenges in attaining full legal and social equality. This historical and legal trajectory underscores the determination of Algerian women and highlights the continuing importance of reform, advocacy, and societal dialogue in advancing gender equality.

The FATCA Law: An Exception to the General Principles of Law

Nassima Yelles Chaouche — 2025-09-01

For a long time, fiscal cooperation between states, as a tool to combat international tax fraud and evasion, was primarily based on bilateral or multilateral agreements. These arrangements allowed the exchange of information within a strictly conventional framework, thereby ensuring the respect of state sovereignty.

Today, this dynamic has taken on a new dimension. The most striking example is the U.S. law FATCA (Foreign Account Tax Compliance Act), which requires banks and financial institutions worldwide to report information on their American clients—whether U.S. citizens or residents—to the U.S. tax authorities. Non-compliance with these provisions can result in severe sanctions, including the potential loss of banking licenses in the United States, which has compelled many countries to implement FATCA’s requirements.

This study thus aims to closely examine the various implications raised by this American information-exchange standard. Although it is a domestic law, the U.S. approach to combating tax evasion raises several critical issues, as it challenges fundamental principles of law, such as state sovereignty and certain public freedoms.

FATCA therefore marks a new era in international tax cooperation, where American unilateralism plays a driving role, sometimes at the expense of the traditional balance in fiscal relations between states. Nevertheless, U.S. efforts in this domain have inspired similar global initiatives, such as the Common Reporting Standard (CRS) promoted by the OECD. Unlike FATCA, the CRS is based on multilateral and automatic exchange of financial information among participating countries, aiming to establish a universal standard to detect tax fraud and prevent taxpayers from hiding assets abroad.

Towards European Cyber Justice: What Role for the Council of Europe?

Nadia Litim — 2025-09-01

Cyber justice and the use of artificial intelligence (AI) in the justice sector are among the core issues to which the Council of Europe devotes significant attention. The Council views digital justice as a major opportunity to enhance judicial efficiency and transparency, particularly given the strong links between digital justice and the implementation of fundamental legal safeguards, foremost among them the respect for human rights.

In this context, the Council of Europe, as the leading human rights organization in Europe, has established multiple legislative and institutional mechanisms to ensure the transition of European justice into the digital space. This study aims to examine these mechanisms, developed by the Council to advance AI applications in the justice sector across European states, and to facilitate the digitization of judicial systems. The Council is globally recognized as a pioneer in introducing advanced mechanisms related to cyberjustice and in drafting the first international instrument addressing the relationship between AI and judicial systems.

The study employs a descriptive methodology and reaches several key conclusions. Notably, the use of AI technologies should not be limited to improving court performance and enhancing transparency; it must also be applied in full compliance with fundamental rights, particularly those guaranteed under European human rights instruments and conventions. This aligns with the objectives of the Council of Europe’s digitalization plan, which aims to achieve better justice during the 2022–2025 period.

The Crime of Racial Discrimination Against Minorities

Rania Haddad — 2025-09-01

Minority issues are among the most prominent and sensitive topics on the international agenda due to their complexity and seriousness. Historically and continuing to the present day, minorities have suffered severe material and moral violations affecting their fundamental rights and freedoms, threatening both their physical and social existence. Racism and discrimination, in particular, constitute some of the most dangerous violations against minorities, undermining their basic rights and the principles of equality and justice enshrined internationally. Such acts also violate fundamental humanistic principles and the universality of human rights, regardless of ethnic, religious, national, linguistic, or other distinctions among individuals and groups.

This serious criminal phenomenon manifests in multiple forms, producing deep and lasting effects on individuals and societies. Accordingly, this study aims to examine this phenomenon from a legal perspective, employing scientific research methodologies. The descriptive method is used to present the concepts associated with the phenomenon, while the inductive and analytical methods are applied to explore the legal framework criminalizing these acts. This involves reviewing and analyzing various international laws and conventions relevant to the subject and evaluating their effectiveness.

The study ultimately seeks to provide a comprehensive assessment of the effectiveness of the international legal framework in protecting minorities from the crime of racial discrimination.

Unpaid Leave for Starting a Business: An Analytical Review of Amendments to Labor and Public Service Laws

Mahfoud Mellouk — 2025-09-01

This research paper examines the legislative amendment introduced to Algeria’s Labor and Public Service Laws, which guarantees employees and civil servants the right to take exceptional unpaid leave for the purpose of establishing private projects. The study focuses on analyzing the legal framework governing this type of leave, with particular attention to the conditions and limitations attached to its use.

The paper also highlights several legal challenges associated with this amendment, most notably the absence of explicit provisions defining the nature of the projects allowed during the leave period. This lack of clarity opens the door to varying interpretations, which may affect the proper implementation of the law and hinder consistent understanding across different institutions.

Despite these challenges, the study concludes that the amendment represents a positive step toward promoting entrepreneurial spirit and supporting business creation in Algeria. However, it emphasizes the need for complementary regulatory texts to ensure clarity and effectiveness, enabling employees and civil servants to make the most of this opportunity while maintaining the integrity of the legal system and ensuring stable practical application.

The Legal Framework of the National Agency for Industrial Real

Adel Hanachi — 2025-09-01

Industrial real estate constitutes a cornerstone and essential pillar in stimulating national economies, serving as a key factor in attracting investment and improving the investment climate, particularly in the industrial sector. In its efforts to advance the national economy, Algeria has prioritized industrial and manufacturing investments to diversify income sources and reduce reliance on hydrocarbons. This necessitated the provision of real estate facilities that meet all conditions required to attract investors and support industrial investment. To achieve this, a legislative and structural framework was established to govern industrial real estate for investment, assigning specific supervisory and regulatory powers to several institutional bodies.

However, these bodies have often demonstrated neglect and poor management of industrial real estate, coupled with overlaps and imbalances in authority among the various structures responsible for oversight, which hindered the achievement of intended objectives. This prompted the state to implement substantial reforms in the investment sector and in the legislative framework regulating industrial real estate. These reforms included enacting laws on investment and economic real estate, defining the agencies responsible for granting, organizing, and preparing industrial real estate, and ensuring its proper use. Among these agencies, the National Agency for Industrial Real Estate stands out as a key instrument for facilitating the development and management of industrial properties.

This research paper focuses on the legal framework of the National Agency for Industrial Real Estate, using a descriptive-analytical methodology to assess its effectiveness and its role in enhancing the management and development of industrial real estate for investment purposes.

Telework in the Civil Service: Balancing the Necessity of Adoption and the Challenges of Implementation – The French Experience

Soumia Kamel — 2025-09-01

The use of telework in public services has expanded significantly in recent years, driven by the digital transformation adopted by many countries in their efforts to improve the quality of public services, as well as by the global health crisis caused by the spread of COVID-19. This crisis highlighted the urgent need for legal and practical solutions to ensure the continuity of public service delivery during emergencies. Telework thus emerged as a method of organizing the work of public employees, enabling them to perform their duties outside their usual workplace using modern technologies.

Although implementing telework offers many advantages and opportunities, it also raises challenges related to the nature of public service, which is based on principles such as continuity, equal access to services, adaptability, and ensuring service quality for beneficiaries. Telework also raises important questions regarding employees’ rights to privacy, rest, health, and safety—areas often regulated by public service law. In this context, France has issued several legal texts and collective agreements to institutionalize telework in the public sector, responding to social, economic, and legal requirements that became particularly evident following the global health crisis.

This study aims to highlight the importance of adopting telework in the public service, focusing on its role in improving the work environment under normal conditions and ensuring continuity during exceptional circumstances, while preserving the fundamental principles of public service. By analyzing French legal provisions establishing telework, the study concludes that although telework represents an opportunity to modernize administration and maintain service continuity during crises, its success depends on respecting the nature of the public service and the needs of employees.

The Legal Framework of the Tender Opening and Technical Evaluation Committee in Light of Public Procurement Law 23-12

Abdelghani Slimani — 2025-09-01

In the field of public procurement, the legislator has established several oversight bodies that exercise either prior or subsequent control, aiming to ensure the ethical and rational management of public funds. Among these bodies is the Committee for Opening Envelopes and Technical Evaluation of Bids, which performs an internal prior oversight of the contracting entity and is considered a proposal authority due to the powers vested in it.

Although the committee members are appointed by the spending officer representing the institution or administrative body, in accordance with a decision or decree, and selected from competent and capable staff to perform administrative and technical tasks simultaneously, the committee remains an effective oversight mechanism that has significantly contributed to the rational management of public funds. However, its establishment, composition, powers, and organization have experienced certain shortcomings that need to be addressed to ensure consistency and uniformity across all public administrations and to prevent any ambiguity in the selection of the contracting party.

Therefore, this academic work seeks to conduct a thorough study of this committee, aiming to address its deficiencies and gaps, and to provide recommendations based on a comprehensive analysis of both practical and theoretical realities. The study also examines the challenges faced by the committee in selecting contracting parties, emphasizing the need for a well-crafted specification book and adherence to the general principles of public procurement.

Legal Framework for Upholding Research Ethics: A Review of the Provisions of Ministerial Decision No. 1082 of 2020

Jamel Karnache — 2025-09-01

This study examines the legal mechanisms aimed at reinforcing research ethics, by highlighting the various procedures and measures established by Ministerial Decision No. 1082 to combat different forms of academic misconduct that may affect scientific research.

The study found that the legal mechanisms provided by the decision vary between preventive and supervisory tools, such as the use of plagiarism detection software, which has become an essential instrument for identifying plagiarism and overlaps in scientific research. They also include measures related to awareness-raising on the consequences of violating scientific and pedagogical ethics, as well as organizational measures concerning academic supervision in doctoral programs and other research work, in addition to oversight conducted by competent institutions.

As for the punitive mechanisms, these are manifested in initiating disciplinary proceedings and imposing specific sanctions on any researcher found guilty of plagiarism, in accordance with legal frameworks that safeguard both the integrity of scientific research and the rights of the affected researchers. In this way, the ministerial decision seeks to combine prevention, oversight, and deterrence to ensure a research environment characterized by integrity and adherence to the ethics of scientific research.