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Research Article
Arbitrability of Economic Crimes Claims Under International Investment Arbitration
Prince Uche Amadi*
Issue:
Volume 9, Issue 1, March 2026
Pages:
1-13
Received:
26 November 2025
Accepted:
6 December 2025
Published:
7 January 2026
Abstract: Economic crime allegations in international investment arbitration has generated significant doctrinal and systemic challenges for the investor–state dispute settlement (ISDS) regime. As disputes involving bribery, fraud, money laundering, and related misconduct arise with greater frequency, tribunals must balance the protective structure of investment treaties with the imperatives of legality, international public policy, and global anti-corruption norms. This article employs a doctrinal, comparative, and policy-oriented methodology to examine how arbitral tribunals have conceptualised and addressed the arbitrability of economic crime claims. Through an analysis of key awards, the study evaluates jurisdictional approaches, admissibility determinations, evidentiary burdens, and procedural techniques used to assess clandestine and transnational wrongdoing. The principal finding is that arbitral practice remains fragmented and inconsistent. Tribunals diverge on the interpretation of legality requirements, the allocation and standard of proof, and the treatment of misconduct occurring during the operational phase of an investment. These inconsistencies undermine legal certainty, expose the system to strategic misuse by both investors and states, and weaken the coherence of the ISDS framework. The absence of harmonised evidentiary protocols further complicates the adjudication of economic crimes, given their inherent secrecy and the limited investigative powers of arbitral tribunals. To address these challenges, the article proposes a reform agenda centred on clearer treaty drafting, specialised evidentiary methodologies, enhanced tribunal expertise in financial and criminal matters, structured coordination with domestic authorities, and increased transparency. By articulating a principled framework governing the arbitrability of economic crime claims, the article contributes to strengthening the legitimacy, predictability, and normative integrity of the international investment arbitration system.
Abstract: Economic crime allegations in international investment arbitration has generated significant doctrinal and systemic challenges for the investor–state dispute settlement (ISDS) regime. As disputes involving bribery, fraud, money laundering, and related misconduct arise with greater frequency, tribunals must balance the protective structure of invest...
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Case Report
Rethinking the Office of the Prosecutor v Jean Pierre Bemba: A Case Note
Sem Amin*
Issue:
Volume 9, Issue 1, March 2026
Pages:
14-25
Received:
9 December 2025
Accepted:
24 December 2025
Published:
19 January 2026
Abstract: Principally, The Office of the Prosecutor v Jean Pierre Bemba Gombo concerned allegations of war crimes committed in the Central African Republic against Mr. Jean Pierre Bemba, the former Commander of Mouvement de liberation du Congo armed forces. The Trial Chamber of the International Criminal Court convicted Mr. Bemba of all charges leveled against him. On appeal, the Appeals Chamber freed Mr. Bemba on the grounds of weak evidence submitted by the Office of the Prosecutor. This article uses Bemba’s case at the Appeals Chamber to assess the investigation and collection of evidence by the Office of the Prosecutor. The article argues that weak evidence noted by the Appeal’s chamber resulted from a weak investigation by the Office of the Prosecutor. The article further discusses that the Office of the Prosecutor failed to conduct an investigation that could cover all relevant facts and evidence. The article also argues that in Bemba’s case, the Office of the Prosecutor failed to receive necessary cooperation from the Central African Republic that would have strengthened the investigation. The article shows that in cases where the Office of the Prosecutor managed to obtain the required cooperation from States, it conducted a thorough investigation and collected strong evidence that enabled successful prosecution before the International Criminal Court. Finally, the article suggests the necessary measures that the Office of the Prosecutor needs to take into account for effective investigation and collection of evidence. In this regard, the article also recommends how States can accord the Office of the Prosecutor all the required cooperation.
Abstract: Principally, The Office of the Prosecutor v Jean Pierre Bemba Gombo concerned allegations of war crimes committed in the Central African Republic against Mr. Jean Pierre Bemba, the former Commander of Mouvement de liberation du Congo armed forces. The Trial Chamber of the International Criminal Court convicted Mr. Bemba of all charges leveled again...
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Review Article
Understanding Child Pornography: Legal and Psychological Perspectives: A Literature Review
Salma Morium*
Issue:
Volume 9, Issue 1, March 2026
Pages:
26-34
Received:
26 November 2025
Accepted:
22 December 2025
Published:
23 January 2026
DOI:
10.11648/j.ijls.20260901.13
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Abstract: Child pornography, increasingly referred to as child sexual abuse material (CSAM), constitutes a grave violation of children’s rights and remains a critical concern across legal, psychological, and public health domains. This review aims to synthesize existing evidence on CSAM by examining its legal frameworks and psychological dimensions in a structured and methodologically transparent manner. The objective of the review is to provide a concise overview of how CSAM is defined, regulated, and addressed globally, as well as to summarize empirical findings on its psychological impacts on both victims and offenders. A literature search was conducted across multidisciplinary databases, including PubMed, PsycINFO, Google Scholar, and selected legal repositories. Sources published between 2000 and 2025 were considered. Inclusion criteria focused on peer-reviewed journal articles, international conventions, national legislation, policy documents, and empirical psychological studies relevant to CSAM. Legal sources were examined to identify international treaties, regional agreements, and domestic laws addressing CSAM, as well as enforcement and prosecution mechanisms. Psychological literature was reviewed to summarize evidence on victim-related outcomes and offender-related characteristics. The review presents an overview of international and national legal instruments governing CSAM, highlighting variations in definitions, criminalization approaches, and enforcement practices across jurisdictions. It also summarizes psychological research documenting the short- and long-term consequences of CSAM exposure for victims, including post-traumatic stress disorder, depression, anxiety, and disruptions in psychosocial development. Additionally, the review outlines key psychological constructs identified in offender-focused studies, such as cognitive distortions, behavioral patterns, and comorbid mental health conditions. By integrating legal and psychological perspectives, this review provides a consolidated account of the current state of knowledge on CSAM. The findings underscore the importance of coordinated legal, clinical, and policy responses to address CSAM effectively and to inform prevention, intervention, and victim support strategies.
Abstract: Child pornography, increasingly referred to as child sexual abuse material (CSAM), constitutes a grave violation of children’s rights and remains a critical concern across legal, psychological, and public health domains. This review aims to synthesize existing evidence on CSAM by examining its legal frameworks and psychological dimensions in a stru...
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Research Article
Judge’s Considerations in Issuing a Decision Stating That the Indictment Is Null and Void: A Study in Tangerang District Court, Indonesia
Issue:
Volume 9, Issue 1, March 2026
Pages:
35-45
Received:
25 December 2025
Accepted:
7 January 2026
Published:
23 January 2026
DOI:
10.11648/j.ijls.20260901.14
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Abstract: This article examines the judge's considerations in the court in issuing an interlocutory ruling stating that the indictment is null and void where the reason is not regulated in the Criminal Procedure Code carried out by the judge based on the interpretation of the applicable legal provisions, and how to follow up on the handling of cases that have obtained an interlocutory decision from the judge declaring the indictment null and void where there are no provisions in the Criminal Procedure Code regarding the return of case files that has been fully disclosed to the investigator. This research is normative legal research with a legislative approach and a case approach. The results of the research are, First, the judge's consideration in issuing an interlocutory ruling that declares the indictment null and void because there has been a pretrial decision that cancels the suspect's status at the investigation stage conducted by the judge based on legal findings through a systematic legal interpretation method of the provisions of the Criminal Procedure Code. Second, the follow-up to the handling of cases that have received an interlocutory decision that cancels the indictment can still be amended to be submitted back to the trial, but for cases related to the improvement of the evidence used by the investigator in determining the suspect which is the authority of the investigator, the case cannot be returned to the investigator because there is no legal basis that regulates it in the Criminal Procedure Code. So that to provide legal certainty, the case can be stopped.
Abstract: This article examines the judge's considerations in the court in issuing an interlocutory ruling stating that the indictment is null and void where the reason is not regulated in the Criminal Procedure Code carried out by the judge based on the interpretation of the applicable legal provisions, and how to follow up on the handling of cases that hav...
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