1. General Principles

A conflict of interest, also referred to as a competing interest, may arise when personal, financial, professional, academic, institutional, or other relationships have the potential to affect an individual's objectivity or impartiality. Such interests do not necessarily indicate misconduct. However, failure to disclose a relevant interest may undermine confidence in the fairness, credibility, and integrity of the research or editorial process.

Journal Ius Constituendum therefore requires relevant interests to be disclosed clearly and in a timely manner. Disclosures will be assessed according to their nature, significance, and potential influence on the research, peer-review process, editorial assessment, or publication decision. Where a conflict is identified, the journal will take reasonable measures to manage it and safeguard the independence of editorial decisions.

2. Disclosure of Conflicts of Interest by Authors

Authors are responsible for disclosing any financial or non-financial interests that may be relevant to their submitted manuscripts. Such interests may include employment, consultancy, honoraria, research grants, funding, financial ownership, institutional affiliations, personal relationships, professional collaborations, academic competition, or other circumstances that could reasonably be perceived as influencing the research or its interpretation.

Authors must also disclose the role of any funding body or sponsor in the research design, collection or interpretation of information, preparation of the manuscript, and decision to submit the work for publication, where applicable. If the funder had no such involvement, this should be stated clearly when relevant.

Where no relevant competing interests exist, authors should provide an explicit declaration stating that they have no conflicts of interest to disclose. The declaration must be accurate, complete, and consistent with the information provided during submission.

3. Responsibilities of Editors and Editorial Staff

Editors and editorial staff must identify and disclose any personal, professional, financial, or institutional interests that could compromise, or reasonably appear to compromise, their impartiality in handling a manuscript. Editorial decisions must be based on the manuscript's scholarly merit, originality, relevance, methodological or analytical soundness, and contribution to the field, rather than personal relationships, institutional interests, commercial considerations, or other competing interests.

An editor who has a relevant conflict of interest concerning a submitted manuscript must inform the Editor-in-Chief or another appropriate editorial authority and withdraw from the assessment and decision-making process where necessary. The manuscript should then be handled by an independent editor who can evaluate it fairly and objectively.

Editors must also protect confidential manuscript information and must not use unpublished materials, research findings, arguments, data, or ideas obtained through editorial handling for their own research or personal advantage without the author's express written consent. This obligation applies regardless of whether the manuscript is ultimately accepted, rejected, or withdrawn.

4. Responsibilities of Peer Reviewers

Peer reviewers must disclose any actual, potential, or perceived competing interests that could affect their ability to provide an independent and objective assessment. These may include financial interests, personal relationships, recent or ongoing collaborations, institutional affiliations, academic rivalries, professional competition, or involvement in research that substantially overlaps with the manuscript under review.

Reviewers who identify a conflict that may prevent them from conducting an impartial assessment must notify the responsible editor promptly. The editor will determine whether the reviewer may proceed with appropriate safeguards or whether another reviewer should be appointed.

Reviewers must treat manuscripts and associated materials as confidential documents. They must not disclose, distribute, reproduce, or use unpublished information obtained during peer review without appropriate authorization. Reviewers must not exploit new arguments, legal analyses, research findings, or other intellectual contributions from a manuscript for their own benefit before the information becomes publicly available or the author provides express written consent.

Reviewers must also avoid using the review process to gain an unfair academic or professional advantage. If they are uncertain whether a relationship or interest constitutes a conflict, they should disclose the circumstances to the editor so that the issue can be assessed before the review proceeds.

5. Management of Disclosed Conflicts of Interest

Disclosure of a conflict of interest does not automatically disqualify a manuscript from consideration or establish that the research is unreliable. The journal will evaluate each disclosure individually and determine whether the interest can be managed appropriately without compromising editorial independence or the integrity of peer review.

Depending on the circumstances, the journal may require additional clarification, request a more complete disclosure statement, appoint an independent editor or reviewer, reassign editorial responsibilities, or take other reasonable measures to minimize the potential influence of the conflict. Relevant disclosures may also be included in the published article to provide readers with sufficient information to assess the work.

The Editor-in-Chief or an appropriate independent editorial authority will oversee the handling of significant conflicts involving editors, reviewers, or other persons participating in the publication process. Any management decision should be proportionate to the nature and seriousness of the conflict and should be documented where appropriate.

6. Undisclosed Conflicts of Interest

If the journal becomes aware of a potentially relevant conflict of interest that was not disclosed during submission, peer review, or publication, the Editors will assess the matter in a fair and impartial manner. The relevant author, reviewer, editor, or other party may be asked to provide an explanation or additional information.

Where an undisclosed conflict is confirmed, the journal will determine whether it could have affected the research, the evaluation of the manuscript, or the editorial decision. Depending on the findings and the stage of publication, appropriate action may include adding or correcting a disclosure statement, publishing a correction, reviewing the editorial process, or taking further action under the journal's publication ethics and research misconduct policies.

If the issue raises credible concerns about research integrity or the reliability of a published article, the journal may seek additional information from the authors' affiliated institution or another competent body, where appropriate. Any subsequent action will be based on the available evidence and relevant ethical guidance.

7. Disclosure of Conflicts After Publication

Conflicts of interest identified after publication will be assessed to determine whether the published disclosure is incomplete or inaccurate and whether the omission could have materially affected the interpretation, evaluation, or editorial handling of the article.

Where a disclosure statement requires amendment, the journal may publish a correction or another appropriate notice linked to the original article. If the undisclosed conflict is associated with more serious concerns about the validity or integrity of the published work, the Editors will consider further action in accordance with the journal's relevant policies and COPE guidance.

The journal seeks to ensure that readers have access to relevant information necessary to assess a publication. Corrective action will therefore be directed toward maintaining transparency and protecting the integrity of the scholarly record, rather than imposing a predetermined sanction solely because a disclosure was incomplete.

8. Publisher and Editorial Independence

The publisher and journal management must respect the independence of editorial decisions. Financial interests, advertising, sponsorship, institutional relationships, commercial considerations, or other external pressures must not improperly influence the assessment, peer review, acceptance, rejection, or publication of a manuscript.

Any relevant competing interest involving the publisher or journal management should be disclosed and managed appropriately. Editorial decisions must remain based on academic quality, ethical compliance, and the journal's stated editorial policies.

9. Ethical Standards and Compliance

All authors, editors, reviewers, and editorial staff are expected to cooperate with reasonable requests for disclosure and clarification. Failure to disclose a relevant competing interest, misuse of confidential information, or deliberate exploitation of unpublished materials may be handled under the journal's applicable publication ethics procedures.

Journal Ius Constituendum will apply these principles consistently and fairly, taking into account the circumstances of each case, the available evidence, and relevant COPE guidance. The purpose of this policy is to maintain trust in the editorial process, protect intellectual contributions, and support the transparency and credibility of published legal scholarship.