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Balancing National Security With Human Rights
Siddharth Abhishek, National Law University Odisha Gracy Tanwar, National Law University Odisha ABSTRACT This paper argues that in the rush to respond to the 9/11 attacks, countries around the world created a new security playbook that has consistently valued a vague idea of 'national security' over the clear, written rules of international human rights. By looking at the laws passed in the United States, the UK, and India, I'll show a disturbing pattern. Governments have giv
IJLLR Journal
May 171 min read
Terrorism: Growing Challenges And Implications Worldwide
Siddharth Abhishek, National Law University Odisha Gracy Tanwar, National Law University Odisha INTRODUCTION Terrorism is among the most significant and complex challenges of the modern world. It compromises states' sovereign authority, destabilises social and political systems, and pressures both national and international legal systems1. In modern times, terrorism has grown increasingly global and transnational in nature due to advancements in technology, global travel, and
IJLLR Journal
May 172 min read
Seat Of Arbitration Vs Venue Of Arbitration: Jurisdictional Confusion In International Commercial Arbitration
Gracy Tanwar, National Law University Odisha ABSTRACT Arbitration has become more and more popular as a method to settle international commercial disputes due to the fact that it is neutral, has flexible procedures and the enforcement of the arbitral awards in various jurisdictions is less complicated.1 In this context, the seat and venue of arbitration is a vital factor used in determining the legal basis of arbitral proceedings. The seat is the seat of the juridical seat of
IJLLR Journal
May 172 min read
Sentencing In Rape Cases – A Comparison Of Judicial Response In India And The US
Siddharth Abhishek, National Law University Odisha Gracy Tanwar, National Law University Odisha INTRODUCTION: Rape is commonly accepted as one of the most grievous breaches of human honour and personal autonomy. In addition to the immediate physical assault, it can leave profound psychological harm to the survivor, which can influence their entire social and emotional spectrum. The impact of rape perpetrates further than the individual survivor, as it creates and reaffirms ge
IJLLR Journal
May 171 min read
Freedom Of Speech And Expression: A Right With Responsibilities
Nidhi Rathi, Research Scholar, Indira Gandhi University, Meerpur Haryana, India. “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” - Universal Declaration of Human Rights, Article 19 ABSTRACT The freedom of speech and expression is universally recognised as a basic human right and a cornerstone of d
IJLLR Journal
May 172 min read
International Commercial Arbitration: Comparative Perspectives From India And The United Kingdom
Divyanka Trivedi, Amity University, Uttar Pradesh ABSTRACT In this dissertation, there will be a critical assessment of the development and emergence of international commercial arbitration (ICA) in India and a comparative evaluation of ICA in India and the United Kingdom. In order to understand the importance of international commercial arbitration, it can be stated that it can play an important role in the resolution of international commercial disputes because the process
IJLLR Journal
May 171 min read
The Limits Of Collective Litigation: A Comparative Study Of Class Action Regimes Beyond The United States
Blessy Gethzia J, Presidency University Manna Susan George, Presidency University ABSTRACT The notion of Class Action Suits is not something that is uncommon in the legal system, yet when it comes to the world of Corporate Transactions and Due diligence, it is the least executed. Although, there might be various internal reasons for the non-execution of the class action suit, this paper delves into the limitation on requirements of the class action suit itself which, in retur
IJLLR Journal
May 171 min read
Cross-Border Insolvency: The Need For A Comprehensive Indian Framework
Amna Ansari, United University, Prayagraj, Uttar Pradesh, India ABSTRACT The intensification of global trade and the proliferation of multinational enterprises have rendered cross-border insolvency a critical concern for sovereign states and international investors alike. India, despite enacting the landmark Insolvency and Bankruptcy Code, 2016 (hereinafter referred as IBC), continues to rely on a fragmented and largely inoperative legal architecture for addressing insolvenci
IJLLR Journal
May 172 min read
Honors, Shame And Silence: Structural Inequalities, Cultural Norms, And The Normalisation Of Violence Against Women Leading To Femicide In Nigeria
Netochukwu Nzewi-Okoye, LLB, BL, & LLM Chisom O. Nzewi, BA Psychology, MA Addiction Studies, MA Counselling and Psychology ABSTRACT Femicide in Nigeria persists as a grave crisis despite the enactment of the Violence Against Persons (Prohibition) Act (VAPP) in 2015, widely regarded as the most comprehensive gender-based violence legislation in sub-Saharan Africa. This paper argues that femicide cannot be adequately understood through individualised frameworks that pathologise
IJLLR Journal
May 172 min read
From Territorial To Digital Control: Tribal Self-Governance Under The Indian Constitutional Framework
Arifa Sultana Choudhury, Assistant Professor, School of Law, Dayananda Sagar University Nithin Rajeev, Assistant Professor, School of Law, Dayananda Sagar University ABSTRACT The constitutional provisions under the Fifth and Sixth Schedules, alongside Article 244 and legislations such as the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and the Forest Rights Act, 2006 (FRA), create a distinct governance architecture for India’s tribal regions. Central to this
IJLLR Journal
May 171 min read
The Competition Commission Of India's Role In Preventing Cartelization: Challenges And Effectiveness
Dr. Roopam Bundela, Gyanveer University Sagar ABSTRACT Cartelization, often referred to as the most egregious form of anti- competitive conduct, undermines market efficiency, restricts consumer choice, and inflates prices. In India, the Competition Commission of India (CCI), established under the Competition Act, 2002, serves as the primary regulatory body to detect, investigate, and penalise cartel behaviour. This research critically examines the role of the CCI in combating
IJLLR Journal
May 151 min read
The Role Of Governance In The Protection Of Human Rights Of Refugees In Southern Africa
Ms. Chimuka Mukonka, LLB (University of Surrey), LLM (University of Law), Lecturer Counsel Collins Nkumbwa, Esq., CIP (NIPA), LLB (UNZA), LLM (UNZA), AHCZ, ASCZ, PhD Cand. Advocate, Lecturer of law and Commissioner of Oaths ABSTRACT This ascertains the role of democracy plays a part in the protection of fundamental human rights of refugees, with Southern Africa as a focal point. The paper mainly covers three countries; Zambia, Angola and the Democratic Republic of Congo. The
IJLLR Journal
May 151 min read
Winding Up Of Companies In India: Legal Framework, Procedure, And Tribunal Jurisdiction
Amal Fatima, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia Asad Naushad Khan, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia ABSTRACT The winding up process is the last phase of a business's life cycle and the legal means by which a corporate entity dissolves following the settlement of its debts and the distribution of any remaining assets among its stakeholders. With the advent of the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016, whi
IJLLR Journal
May 152 min read
Artificial Intelligence And The Future Of Property Law: Authorship, Ownership And Legal Recognition
Raewa Bharat Parab, O.P. Jindal Global University ABSTRACT Artificial intelligence (AI) in the present age has started to disrupt the traditional legal meaning of authorship, ownership, and property due to its rapid development. The regimes of intellectual property with their long- standing history based on human agency and creativity are now challenged by the unprecedented need to accommodate the machine-generated outputs that have economic and originality value and commerci
IJLLR Journal
May 151 min read
Politics, Development And Environmental Governance
Stency Mariya Mark, Assistant Professor of Law, Dayananda Sagar University, Bengaluru, India & Research Scholar, Maharashtra National Law University, Nagpur. ABSTRACT India is one of the many countries that created a legal framework for environmental protection. The paper traces how corporate influence and neoliberal development imperatives have systematically intervened with the creation of legislation and also weakened environmental protections in the existing laws. There i
IJLLR Journal
May 151 min read
Input Tax Credit Upon Business Closure: Analysis Of Legal Maxims And Provisions Under The Cgst Act, 2017
Karuna T & G. Uma Maheshwari, School of Law, VISTAS University. ABSTRACT The Goods and Services Tax regime, introduced in India on 1 July 2017, was intended to consolidate the country's fragmented indirect tax architecture into a single, destination-based system predicated upon a seamless chain of Input Tax Credit. The mechanism of Input Tax Credit operates by crediting the tax paid on inward supplies to a registered person's electronic ledger, from which it may be applied ag
IJLLR Journal
May 152 min read
Pharmaceutical Scarcity And Its Human Cost: The Effect On HIV Patients In India
Udismita Das, LL.B., Amity Law School, Amity University, Kolkata ABSTRACT The uninterrupted availability of antiretroviral therapy (ART) is essential for safeguarding the lives, dignity, and well-being of People Living with HIV (PLHIV). India, despite operating one of the world’s largest HIV treatment programmes through the National AIDS Control Organisation (NACO), has experienced recurring shortages of critical antiretroviral (ARV) medicines between 2020 and 2025. These sho
IJLLR Journal
May 152 min read
Criminal Responsibility And Mental Illness In India: Reassessing The Insanity Defence In Light Of Forensic Psychiatry And The Mental Healthcare Act, 2017
Ayush Tiwari, B.A. LL.B., School of Law, Bahra University, Solan Rashi Sood, Assistant Professor, School of Law, Bahra University, Solan ABSTRACT The relationship between mental illness and criminal responsibility remains one of the most conceptually complex and practically contested issues in Indian criminal jurisprudence. In India, the insanity defence continues to be governed by Section 84 of the Indian Penal Code, a provision rooted in the nineteenth-century McNaughten Ru
IJLLR Journal
May 152 min read
The Mediation Act, 2023: A Critical Analysis Of It’s Role In Strengthening Alternative Dispute Resolution In India
Akshat Kumar Singh LL.M., School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P. Dr. Deepak Jaisal, Assistant Professor, School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P. ABSTRACT As an ADR process in India, mediation has seen significant attention with respect to its legalization by means of enactment of Mediation Act, 2023, marking the inception of uniform statutory law concerning mediation in India for the first ti
IJLLR Journal
May 152 min read
The Privacy Paradox: A Doctrinal Evaluation Of The DPDP Act’s Chilling Effect On The Right To Information Under Article 19(1)(A)
Divyanshu Bhardwaj, PhD Scholar at CSJMU, Kanpur ABSTRACT The conflict between the ideas of democratic transparency and informational privacy has become the most complicated constitutional paradox in the modern Indian jurisprudence. This paper is a comprehensive doctrinal analysis of the friction created by the Digital Personal Data Protection Act, 2023, and especially its highly consequential amendment of the Right to Information Act, 2005, Section 8(1)(j). The RTI Act initi
IJLLR Journal
May 152 min read
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