Legal Research & Analysis (DOI Prefix: 10.69971; ISSN: 3007-6455 (Online), 3007-6447 (Print) publishes research papers, review papers, case comments, essays and book reviews related to all aspects of laws including legal issues, legal systems, and the legal profession. Being a multidimensional legal research journal, scholarly work can relate to any topic of theoretical, interdisciplinary, comparative, and other conceptually oriented inquiries into law and law reforms. Legal Research & Analysis particularly publishes articles that study law from such perspectives as legal philosophy, law and economics, legal history, criminology, law and literature, and feminist analysis. Legal Research & Analysis is a refereed journal, and all published articles are peer-reviewed.
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From Procedure to Authoritarian State: A Critical Examination of Bulldozer Justice in India
From the last few years the term “Bulldozer Justice” is going on in the political and legal spheres of the society. It refers to knock down the properties especially the residential properties which belonged to the person who is indulged in the criminal act, by disdaining the due process of law. This paper will thrive a jump into the historical emergence, political correlation, constitutional concerns and provisions, and socio-legal implications of bulldozer justice in India. It critiques and analyse the phenomenon from the perspective of rule of law, due process, human rights, and judicial accountability. This paper critically examines the rejuvenation of retributive justice in modern governance and how the emergence of the concept of the bulldozer justice affecting reformative justice system. It explores its implications for democratic institutions, rule of law, and how the society is getting impaired with it. The paper adopts a qualitative research methodology, combining doctrinal legal analysis with case studies from India. The paper highlights that how the bulldozer justice is becoming a threat to the democratic principles and influencing the theories of the punishment. This study contributes to a deeper understanding of punitive populism in present time politics, coining bulldozer justice as a significant threat to legal rationality and civil liberties.
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The Paradox of Flexibility: A Socio-Legal Appraisal of Gig Workers' Rights and Protections in Bangladesh
Current research reveals the rapid growth of digital platforms for flexible work in Bangladesh, a sector that is expanding quickly but remains structurally fragile. The study combines doctrinal analysis of laws, judicial precedents, and platform terms with empirical evidence drawn from document review using socio-legal methods. The law does not clearly recognize platform workers, leaving most of them outside the scope of basic labor protections. Bangladesh Labor Act 2006 contains protections for identifiable employers and established workplaces, but does not correspond to disperse, app mediated labor. Platform management—through opaque algorithmic practices and unilateral deactivation—further increases income instability and limits meaningful avenues for redress. Existing social protection mechanisms are ill-suited to intermittent and informal earnings, creating uneven vulnerabilities along gender and socio-economic lines. Proposed reforms include legal recognition of dependent “gig workers,” portable social security benefits, mandatory platform transparency, compulsory insurance, and accessible dispute-resolution mechanisms. The research aims to contribute to policy discussions and academic understanding of legal texts.
Revisiting Muslim Personal Law in Bangladesh: Challenges and Opportunities for Codification
This study examines the necessity of codifying Muslim personal law in Bangladesh. Bangladeshi Muslim personal laws are driven by different schools of thought, but remain anomalous. The harmonious balance between legal provision and Sharia principles are absent in many cases. Patriarchal bias, ambiguity, and conflict with constitutional principles is also vigilant in Bangladeshi laws, e.g., the Muslim Family Law Ordinance 1961, and the Dissolution of Muslim Marriages Act 1939. Many countries like Kuwait, UAE, Morocco, and Malaysia are adopting progressive interpretations to make their laws time-befitting. This qualitative study has identified gaps between legal codification and Sharia principles that discards social justice and gender equality in issues like the age of marriage, option of puberty, consent in marriage, and divorce during pregnancy. The author urges a comprehensive codification that will harmonize Sharia principles, constitutional law, and international norms with national legislation, ensuring clarity, gender equality, and social justice.
Doping in sport refers to the use of prohibited substances or methods to enhance athletic performance aimed at an unfair advantage over other athletes in sports. While the pursuit of excellence is central to sports, doping undermines its integrity, fairness, and safety. Doping in sports has a long history, from primitive herbal concoctions to sophisticated designed biochemical drugs. International and national regulatory frameworks have been developed to detect and sanction anti-doping rule violations. Doping has been shaped by the interplay between athletes seeking competitive advantage and authorities striving to maintain ethical standards A growing policy question is whether—and how—countries should criminalize certain forms of doping conduct (trafficking, supply, administration, organized schemes). This paper traces the historical development of anti-doping regulation, describes the core international instruments that shape national law, explains criminalization mechanisms used by states, assesses arguments for and against criminalization, surveys notable national approaches and cases, and outlines policy and procedural challenges for criminal enforcement.
An Analysis of Legal Realism’s Influence on Modern Dispute Resolution Practices
Legal realism as a jurisprudence movement has substantially transformed the modern jurisprudence of dispute resolution by discrediting the formalistic foundations of law and advocating the practical and contextual solutions. This research explores the influence of legal realism on progress and application of ADR methods (negotiation, mediation and arbitration). Bypassing the rigidity of the traditional adjudication, legal realism has shifted towards interest-based negotiation as compared to the rights-based negotiation which is more cooperative and result-oriented. Realism has changed the mediator role as problem solving and empathetic as opposed to advocacy in an adversary process and systemic reforms that are increasingly promoting the use of mediation over formal litigation. Procedural flexibility in arbitration can consider legal requirements and fair considerations to balance. The study uses empirical research and comparative legal research and evaluates the success of the realist-inspired ADR practices that are quantifiable and their cross-cultural adaptability. Legal realism makes dispute resolution more efficient, fairer, and a more whole-person, multi-dimensional attitude to resolve conflicts. However, some challenges exist in regards to standardizing the practices in different jurisdictions with different traditions of law. Current study reiterates on the ever-present implications of legal realism on the modern day dispute resolution and highlight the aspects of potential future reforms.
alternative dispute resolution negotiation
Proper Notice in the WS China Import GmbH Case: Pro-enforcement Stance in Chinese Practice
Compared to traditional domestic trade, international trade involves more unstable factors, which to a certain extent lead to commercial disputes. The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a critical framework for resolving such disputes, yet its Article V(1)(b) requirement for “proper notice” – essential for arbitration legitimacy - lacks detailed specifications, creating interpretive divergences in Chinese judicial practice. This article examines how Chinese judicial practice interprets and applies this requirement, centering its analysis on the landmark case WS China Import GmbH’ s Application for Recognition and Enforcement of a Foreign Arbitral Award. Using case analysis, the article dissects the Chengdu Intermediate People’s Court’s reasoning, evaluating four legal frameworks for assessing notice validity: (1) party-agreed law, (2) lex arbitri, (3) uniform international standards, and (4) lex fori. The ruling affirms China’s pro-enforcement stance under the New York Convention, adopting pragmatic standards that bolster predictability in cross-border award enforcement while respecting arbitral autonomy.
Using AI in International Arbitration: From Predictive Analytics to Automated Awards
Modification International arbitration with the application of artificial intelligence (AI) does not leave all opportunities revolutionary, nor are all material challenges. The given discussion gives an overview of the growing use of AI in the fields of arbitrator selection, collection of evidence, predictive analysis, automation of legal research, and online dispute resolution. It emphasizes the way AI can be used to enhance efficiency, decrease expenses, as well as make better decisions based on advanced data analysis. Moreover, technology can enhance accessibility, include cultural sensitivity into transnational conflicts and strategically contribute to the legal environment. The application of AI in complex scenarios, however, has certain limitations caused by such factors as data shortage, regulatory risk, ethical issues, and technological limitations. Such issues are also complicated by the risk of privacy, algorithmic bias, and differences in terms of legal status of the AI-generated awards. One of the solutions is a hybrid system that would integrate the benefits of AI with the control of human beings, particularly in investment-state arbitrations and digitalization in the post-pandemic world. Nowadays, legal regulations, including the United States Federal Arbitration Act and the New York Convention, are not clear enough in the context of AI-generated awards, which is why they should be updated. In conclusion, the paper highlights the need to have a moderate integration of AI to settle the ethical concerns and utilize its potential to revolutionize international dispute resolution.
Liberalizing ‘Locus standi’ in the Mohiuddin Farooque Case: Whether a De-novo Constitutional Transplantation or a Doctrinal Evolution
During the modern period, the states are increasingly focusing on public welfare, rather than just policing the people. To meet the purposes of a welfare state, the modern procedural jurisprudence has widened the scope of access to justice by introducing ‘Public Interest Litigation.’ Through such kinds of litigations, the concept of locus standi, i.e., the right to sue, has been liberalized for people who are not directly interested in dispute matters. In Bangladesh, Dr. Mohiuddin Farooque vs. Bangladesh (1996) is the landmark case by which liberalization of the concept of ‘locus standi’ has been precedented. The interpretative judgment of this case made a turning point in viewing public interest litigations under the Constitution of the People’s Republic of Bangladesh. While the judgment broadened constitutional interpretation, debate persists over whether this liberalization represents a de-novo constitutional transplantation, or a doctrinal evolution. From the perspective of comparative constitutional law and interpretation principles, the present study examines the conceptual evolution of the liberalizing ideas, relevant constitutional texts, case-precedents, etc. and proposes a definitive resolution to the interpretive debate and its broader impact on constitutional discourse in Bangladesh.
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Legal Framework for the Emergence and Development of Digital Public Administration
Modification of interaction in the "state–society" system is focused on optimizing public administration and strengthening citizen participation in decision-making. However, the digitalization of public administration is accompanied by a number of legal conflicts and consequences that require detailed analysis from both the scientific community and legislative bodies. The purpose of this study is to analyze the specifics of the regulatory framework of the Russian Federation governing the use of digital technologies in the field of public administration, including e-government, digital public services and data protection. The paper examines the process of introducing digital solutions into the public policy sphere and their impact on it. The classification of regulations according to the criteria for regulating certain areas of digitalization is presented. The analysis of key legislative documents with the identification of their shortcomings is carried out. In conclusion, it is concluded that the intensive integration of digital technologies into the activities of government agencies does not ensure an increase in the efficiency and security of management. It is necessary to develop clear legal mechanisms that guarantee the protection of confidentiality, information security and the rights of citizens.
Shipowner’s Liability for Marine Environmental Pollution: A Comparative Analysis within the Framework of Turkish Law and International Conventions
Global maritime activities, vital to 80% of world trade, pose significant environmental risks through oil spills, hazardous substance discharges, and vessel accidents. This study analyzes shipowners’ liability for marine environmental pollution under Turkish law and international conventions, focusing on the 1969/1992 International Convention on Civil Liability for Oil Pollution Damage (CLC) and the 1971/1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FC). In Türkiye, the Environmental Law, Law No. 5312, and the Turkish Commercial Code (TTK) establish a strict liability framework, holding shipowners accountable without proving fault, though subject to financial caps and exemptions like natural disasters or third-party intent. The CLC imposes strict liability on shipowners for oil pollution, mandating insurance coverage, while the FC provides supplementary compensation for damages exceeding CLC limits, funded by oil importers. Challenges include insufficient liability limits for major incidents, difficulties in quantifying ecological damage like biodiversity loss, and complications from substandard vessels and open registry systems that obscure ownership. Polar regions face unique risks due to slow degradation and cleanup difficulties. Recommendations include raising liability caps, improving shipowner transparency, expanding CLC coverage to hazardous substances and bunker fuel, and involving cargo owners and classification societies in liability frameworks. Through a comparative analysis, this study highlights gaps in Turkish and international regulations, advocating for stronger measures to enhance environmental sustainability and ensure effective compensation for marine pollution, especially in vulnerable ecosystems.
Food Laws of Pakistan: Current Flaws and Strategic Future Reforms
Food safety is a serious public health issue in Pakistan, where a substantial portion of the population is exposed to perilous food due to insufficient regulatory mechanisms, poor hygiene practices, and limited public awareness. Foodborne illnesses remain widespread despite existing policies, reflecting structural weaknesses in the food safety framework. This study adopts a qualitative analytical approach, reviewing current literature, policy documents, and institutional reports from national and international food safety agencies. Findings reveal major flaws in the current framework, including fragmented authority among multiple regulatory bodies, insufficient enforcement of standards, outdated laws, and limited training for food handlers. The lack of coordination between federal and provincial institutions further undermines the effectiveness of food safety governance. Additionally, consumer education on safe food practices remains minimal. To address these challenges, the study proposes a series of strategic reforms: establishing a centralized national food safety authority, modernizing legal and regulatory frameworks, investing in capacity-building initiatives, and implementing community-level awareness campaigns. Integrating digital technologies for traceability and inspection, as well as international collaboration, can further enhance food safety standards. A reformed, unified, and transparent food safety system is vital for protecting public health in Pakistan. Strategic policy action and stakeholder engagement are essential for building a resilient and future-ready framework. By prioritizing reform and investing in institutional resilience, the country can safeguard public health, improve food quality, and boost its position in global markets. This article highlights the flaws in the current framework and a strategic vision for reforming food safety governance in Pakistan.
Right to Compensation under Constitutional Scheme in India
Compensation refers to financial assistance provided for any crime given either by the government or, in some cases, by any private group or association to the victims of violent crimes or to their families. It serves as a remedy in civil lawsuits. In the context of criminal cases, the primary focus is on punishing the offender to create a deterrent effect for both the offender and society. However, awarding compensation in specific criminal cases as mandated is also aimed at achieving justice. Recent legislative advancements and judicial responses to compensation provisions demonstrate that the importance of compensation is fully acknowledged within the framework of criminal justice. Various laws, including Indian Constitution, Tort Laws, the Code of Criminal Procedure, provide for the payment of compensation to individuals whose rights have been violated. In 1985, the Declaration of Basic Principles of Justice for the Victims of Crime and Abuse of Power, adopted by the General Assembly of United Nations, was a significant milestone in promoting the pro-victim movement and includes provisions. This declaration addressed the entitlement of the victim to approach the court to get equity, unprejudiced care, restitution, reparation, and assistance to the individuals affected by crime. This article explores in detail how information, when a person suffering from crime is not able to get justice from the court, due to the rigidity of procedural law, they may still seek relief through Articles 32 and 226 of Indian Constitution a sufferer may get relief from the apex court of India.
Dispute Settlement Mechanism of WTO: Challenges and Solutions
The Dispute Settlement Mechanism (DSM) of the World Trade Organisation (WTO) has been recognised as a fundamental element of the multilateral trading system, promoting the enforcement of trade regulations and enhancing predictability in international trade. Nevertheless, the mechanism has faced several structural and political obstacles in the last ten years that jeopardise its effectiveness and credibility. This paper provides a critical analysis of the development, operation, and current crisis of the WTO’s DSM, placing particular emphasis on the standstill in the Appellate Body since 2019, which results from the United States’ ongoing obstruction of judicial appointments. The paralysis at the appellate level has weakened the dispute resolution process and raised concerns about the rule-based framework governing international trade. The study investigates the inherent limitations of the DSM, including delays in adjudication, challenges with compliance, and power imbalances between developed and developing nations. It underscores how these challenges impede fair access to justice for smaller economies and impact the overall trustworthiness of the WTO. It engages with academic discussions and member-state proposals for reform, such as interim arrangements like the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), procedural innovations, and broader institutional changes. While the WTO’s Dispute Settlement Mechanism is still crucial for sustaining the global trade order, its present obstacles call for immediate reform. Without comprehensive and collaborative initiatives to restore and modernise the system, the future of multilateral trade governance may trend towards fragmentation and unilateralism, jeopardising years of progress in international economic law. This study contributes to the ongoing conversation by suggesting balanced and implementable reforms designed to safeguard the integrity and functionality of the DSM amidst a swiftly changing geopolitical landscape.
Intersectional Approaches to Climate Justice: Examining Gendered Environmental Labor through the Lens of Equity and Sustainability
Climate crisis is both an environmental challenge and a social one, deeply rooted in systems of inequality and oppression. Addressing this crisis requires a holistic approach that recognises the intersectional nature of vulnerability and resilience. By centring the experiences of those who perform gendered environmental labour—often the most affected yet least heard, we can develop more equitable and sustainable solutions that truly leave no one behind. This research examines how intersecting social inequalities exacerbate climate vulnerabilities for women in the Global South, focusing on the undervaluation of their environmental labor. The research addresses the critical questions of how gender, race, and class shape women’s disproportionate climate burdens and how intersectional approaches transform climate governance. Using feminist political ecology and case studies from agrarian and Indigenous communities, the study critiques technocratic climate solutions that neglect structural inequities. It reveals how women’s roles as caregivers, smallholder farmers, and resource managers intensified by droughts and deforestation remain systematically invisible, perpetuating cycles of exploitation. The paper aims to center gendered labor in climate justice advocacy by proposing three objectives, which are analyzing policy gaps in recognizing women’s ecological work, demonstrating the efficacy of women-led conservation initiatives, and advocating for participatory policymaking that addresses intersecting oppressions. Findings underscore the need to dismantle extractive systems and redistribute power through reparative finance, land rights reforms, and inclusive governance. Equitable sustainability requires embedding intersectionality in climate action from local adaptations to international treaties to align environmental goals with social justice.
Comparative Study of the Legal Status of Bengalis in Pakistan and Biharis in Bangladesh
Bangladesh came into existence in 1971. Though both Bangladesh and Pakistan still struggle with the consequences of the conflict, especially for two ethnic groups: the Bihari community in Bangladesh and the Bengali community in Pakistan, diplomatic ties between Bangladesh and Pakistan have improved over the last fifty years. Opponents of the freedom struggle, the Biharis have suffered societal ostracism since 1971. Though they are lawful citizens of Bangladesh, their forebears' loyalty to Pakistan causes them notable societal stigma. This research investigates the obstacles Biharis face in reaping the advantages of citizenship. Similarly, the Bengali population in Pakistan finds a more difficult scenario, usually seen as an ethnic minority or illegal migrants. Their legal position is unclear, hence in reality they are stateless, which robs them of fundamental human rights and access to justice. Both populations have suffered official and societal discrimination for decades because of the political consequences of the 1971 conflict, although they also help to support the economy of their own nations. This research looks at the legal quandaries of the Bengali minority in Pakistan and the social difficulties experienced by the Bihari population in Bangladesh as well as possible answers for both governments to handle these long-standing problems.
Digital Legacy: Redefining Estate Law in the Age of Social Media and Virtual Assets
It is quite challenging to properly address the issues of digital assets and online identities by conventional estate rules in the era of digital technologies. Rising social media platforms, cryptocurrencies, non-fungible tokens (NFTs), and other virtual assets have made digital legacy complex. Current research highlights the constraints of existing estate laws for the administration of digital assets after death and the legal obstacles resulting from digital platform contractual limitations. The key challenges identified are assets classification, protection of privacy rights, and enforcement of policies on a wider scale. By comparing the global legal approaches and evolving trends in digital inheritance, a comprehensive framework including digital assets into estate planning has been proposed. A balanced legal framework ensuring fair distribution, protecting heirs' rights and building trust in the digital economy is the solution.
Framework of the United Nations Commission on International Trade Law: Bridging E-Commerce and Online Dispute Resolution
Nowadays E-commerce has become a crucial tool for businesses, enabling faster transactions, reducing hardship, and aiding global trade. The absence of uniform legal frameworks created challenges to international electronic transactions, which demanded an internationally accepted framework. So, the United Nations General Assembly adopted the Convention on the Use of Electronic Communications in International Contracts, based on the United Nations Commission on International Trade Law (UNCITRAL) Model Laws on Electronic Commerce and Electronic Signatures. It tries to standardize legal principles governing electronic communications in global trade, promoting legal certainty, fostering economic growth, and ensuring the smooth integration of e-commerce into the global trade system. This article explores the significance of e-commerce, the obstacles it faces, and the effects of this international legal framework in aiding seamless electronic transactions on an international level.
Trade Justice at a Crossroads: Barriers and Bottlenecks in Dispute Settlement Mechanism of the World Trade Organization
It is well known that a global disagreement attracts greater attention than the national one, but a trade dispute is more sensitive and need more active consideration. Dispute settlement process of the World Trade Organization (WTO) is a distinctive feature exclusively designed to ensure trade equity and a proactive forum for resolving global trade issues. The World Trade Organization (WTO), which succeeded the General Agreement on Tariffs and Trade (GATT) framework, has been in the force in ensuring stability and efficiency in global commercial relations. As times evolve, global trade is increasingly intricate and linked; its boundaries are becoming more apparent. The dispute settlement process in World Trade Organization (WTO) is not outdated in its function; instead, it calls for modernization to address evolving demands and growing trade patterns. This study examines the structural and procedural dimensions while emphasizing certain practical restrictions, including the exclusion of non-governmental entities and the conditions for inclusion. The research emphasizes procedural issues and implementation inadequacies, suggesting modifications to improve its efficacy, flexibility, productivity, and legitimacy.
Defect of misuse of Authority in Administrative Decisions in Jordanian Legislation
This research aims to identify the definition and context of the disadvantages of misuse of authority in the administrative decisions by descriptive and the analytical approach. Being hidden and difficult to prove, it is one of the most prominent disadvantages that may affect an administrative decision. Apparently, the administrative decisions may appear right and according to law, but have a hidden disadvantage of misuse of authority. Misuse of authority helps achieve personal, vindictive or other interests, violating the principles of legality and equality. Misuse of authority occurs when the government administrator violates in its decision the purpose specified by law or the legislator . Misuse of authority harms the public order and the rights of individuals, and therefore the administrative judge may raise it on his own. Controlling the issuance of administrative decisions, and their issuers, to issue an administrative decision contrary to the purpose set by the law or allowed by the legislator will help prevent this practice.
Protection Scheme Aftermath of the New York Declaration for Refugees and Migrants in United Kingdom
This research explores the United Kingdom (UK) stance on asylum and migrant protection in light of the principles outlined in the New York Declaration for Refugees and Migrants. This Declaration, being a global agreement, led to the establishment of two key global compacts in 2018, guiding nations on migration governance. UK emphasizes its tradition of offering asylum to those escaping persecution, recent legislation has raised concerns. However, Nationality and Borders Act of 2022 introduces provisions that can discriminate against refugees based on their mode of arrival, even criminalizing asylum seekers. The 2023 Illegal Migration Act operates in the context of a significant asylum backlog, causing physical and psychological distress to individuals in the UK's asylum system. The UK's approach to offshore processing, exemplified by the UK-Rwanda agreement, raises concerns about circumventing international obligations and burden-sharing. The "Hostile Environment" policy disproportionately impacts people of color, potentially discouraging access to essential services. UK's approach to asylum and migrant protection needs reassessment to align with international standards. Revisiting recent legislation, addressing the asylum backlog, and reconsidering offshore agreements are crucial. Upholding modern slavery protections and reiterating the commitment to providing refuge while maintaining a compassionate approach is essential for the UK to fulfill its global responsibilities outlined in the New York Declaration.
New York Declaration for Refugees and Migrants
Legal Personhood and Identity of Human Digital Twins
Although no "absolute" definition exists, a human digital twin (HDT) may be defined as a virtual physiological copy or counterpart in digital world of a real person existing in the physical world having active connection between the human and his corresponding twin in metaverse. The current study aims to explore the legal and societal challenges with human digital twins (HDTs) especially regarding their identity and personhood. The HDT discussions have mostly focused their potential use in health system for predictions of diseases nearly ignoring their legal status, the ethical issues associated with them, and the characteristics that HDT should possess to entail legal personhood. We have discussed these issues thoroughly and based upon our discussion empirical knowledge and anticipated developments, we suggest that HDT can be accorded legal personhood. As parents think that their children will be more brilliant than they are and do way better in life, likewise it can be hoped that HDT will make the world better that we could not.
Legal Frameworks of Medical Negligence and Malpractice in Bangladesh and India
Medical negligence is an obvious infringement of the right to health, and it is committed by a professional organization that is intended to defend patients' rights to health in an emergency when their rights are at risk. In many developed states, the problem of medical negligence has recently been a prominent topic of attention and conversation. Several countries have adopted and formed distinct acts and courts to implement health care regulations. The statutes, and legal rules do not properly codify these provisions in Bangladesh, hence there is no particular and complete legislation in Bangladesh to prohibit medical negligence and malpractice. India, has a higher level of awareness about medical negligence, and as they have included a new facet into their law. Bangladesh can learn a lot from India to improve its their legal system. This article attempts to define medical negligence, major loopholes in Bangladeshi law comparing it with Indian laws, and finally, sharing recommendations to improve laws of patients' rights to health care in Bangladesh.
Digital Platforms, Competition Law and Consumer Protection in the Tech Economy
Digital economies backed by technological advancements have led to digital markets, newer business models and products. Digital markets are integrating into global economies since the pandemic, replacing the traditional markets. This innovative and effective transformation is challenging as it entails risks for anti-competitive practices harming the economy and the consumers ultimately. Governments and competition law authorities are not prepared to deal with these challenges for lack of understanding the digital markets, their functional dynamics and the inefficacy of existing competition laws. Competition authorities are tasked with identifying the possible anti-competitive risks associated with digital markets and find a balance between mitigating the harmful effects of the anticompetitive conducts and fostering innovation through newer products and services offered by these markets. Predicting the evolution of these markets is also a challenge for the authorities. Anti-competitive practices through digital platforms pose concerns for consumers, competitors, governments and society at large. This paper explores the unique characteristics of digital markets and their potential challenges for competition law authorities tasked to detect and curb anticompetitive practices. Global cooperation and interdisciplinary approach is necessary to tackle the problem and foster fair competition in digital markets, to safeguards consumers interest while promoting innovative business practices.
Obstacles in Recovery of Dower in Bangladesh
Dower, a crucial element of marital agreements in Bangladesh and other Muslim societies, refers to the financial or property rights a wife is entitled to from her husband. Moreover, it plays a crucial role to enhance women’s financial security and economic independence, particularly in the event of divorce, widowhood. In Islam, a balanced societal structure is promoted through a clear division of responsibilities: women traditionally manage household affairs, while men are tasked with providing for the family’s financial needs. In Bangladesh, the right to dower is safeguarded by law, recognizing it as a binding obligation on the husband. This article examines the practical challenges in recovering dower within the Bangladeshi context and recommends enhancing awareness among wife and husband regarding their respective religious, legal, and social responsibilities in fulfilling dower obligations. The author presumes that addressing the challenges in recovering dower require multilateral approaches involving collaborations between the government, judicial activism, civil societies, religious institutions and community leaders. Moreover, increasing public awareness, reforming statutory frameworks and advocating for changes in the societal attitude to deprive women from this significant right are all inevitable for mitigating the barriers towards recovery of dower rights of Bangldeshi women.
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Freedom to Contract in The Romanian Legal System
The freedom to contract represents a component of the right to individual freedom, this being a fundamental citizen's right. This right can be exercised, however, under the conditions and with the limits provided by law. In capitalist democratic societies, the contract represents a cell in an infinite labyrinth of legal relations that unfold between the participants in the civil and economic circuit. From this perspective, the contract must be analyzed at the micro level, but also at the macro level. In order to ensure a state of balance and equity at a general level, often the individual freedom to contract can be limited in order to ensure a collective freedom, in order to achieve a common interest, often economic.
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Prenuptial Agreements in the Institution of Marriage in India: Legal Framework & Societal Perceptions
In modern culture, prenuptial agreements represent a significant shift from traditional marital customs to a more popular strategy. Such agreements are effective in navigating potential risks and enhance communication among future spouses. These agreements embody a strengthened framework of legal protection that guarantees that the financial interests of both parties are respected, while also easing the financial burdens and emotional difficulties linked to the divorce process. Current research examines prenuptial agreements in Hindu marriages in India revealing the possible pathways beyond customary laws. It also highlights the significance of customs in Hindu marriages and growing interest in prenuptial agreements young couples. It is suggested to implement a well-defined legal framework which aligns traditional marriage with modern requirement. In India, prenuptial agreements are subject to inconsistent and ambiguous legal provisions. Although there are no particular provisions for prenuptial agreements in personal laws, they may fall under the purview of contract law or the ‘Indian Contract Act, 1872.Courts have generally held them unlawful on public policy grounds. In India, marriages are governed by Hindu marital traditions.
Managerial Reform and Privatization of Public Policies: An Analysis of Social Health Organizations in the State of São Paulo, Brazil
This article analyzes managerial reform and the privatization of public policies, focusing on the role of Social Health Organizations (SHOs) in the State of São Paulo within the context of the neoliberal agenda that intensified in Brazil from the 1990s onward. The analysis is based on the macro context of the emergence of Social Organizations (SOs), particularly the SHOs in the metropolitan region of São Paulo, utilizing documentary sources, indicators, and specific literature. The results indicate that Social Organizations, by adopting business rationality derived from the managerial model, significantly hinder state oversight and social participation, promoting a dissociation between the planning and execution of public policies. The conclusions highlight the need to reassess the State's role in regulating these entities, emphasizing that managerial reform not only privatizes management but also reshapes the very nature of public policies, perpetuating neoliberal hegemony. The study suggests that to ensure the effectiveness of health policies, it is crucial to reestablish the State's capacity to act as a regulator and guarantor of the public interest, rather than merely facilitating business practices.
Substantive Legal Principles for Exploration and Exploitation of Resources in The Area
Interest in exploring and exploiting mineral resources is increasing globally due to exhausting land based mineral resources. Exploring or exploiting land or deep seabed resources leads to diverse uncertainties and several risks to the environment necessitating guiding principles for exploring or exploiting resources. Competence over mineral resources in the sea is conferred to the International Seabed Authority (ISA). This study analyzes the effectiveness of the implementation of the substantive principle for exploring or exploiting resources. Effective implementation of the substantive principles regarding the exploring of and exploiting of deep seabed resources is the main research question. Currently, the substantive prescription and principles for exploring of and exploiting of deep seabed resources is not implemented as it should be. The methodology consists of the empirical approach while content approach and institutional approach is utilized in data analysis. The commitment provided for in the 1994 Agreement and Convention on the Law of the Sea is implemented by ISA. ISA, however is facing challenge in ensuring that financial benefits and economic benefits are shared equitably necessitating the recommendation to create a commission subject to accountability to ISA with a well-defined mechanism on how financial benefits will be shared.
Assessing the Legal Framework for Healthcare Needs of the Aged & Senior Citizens in Nigeria
This article examines the legal framework for the healthcare needs of senior citizens in Nigeria, highlighting the challenges and gaps in the existing framework. The research has tried to map the sufficiency of the legal framework for healthcare needs for the aged in Nigeria, by exploring the status of healthcare of senior citizens in Nigeria and examining the challenges and gaps in the implementation of legislation and policies in the welfare of the senior citizens in Nigeria. Doctrinal research methodology and an analytical approach helped assess the available legal framework, policies and decided cases by courts. It was noted available legal provisions and initiatives are inadequate and ineffective in addressing the healthcare needs of this vulnerable population. It is observed that gaps exist in Nigeria's legal framework and policies. The research recommendations can be harnessed to propose a working bill to the National Assembly in this regard.
A Legal Examination of Stabilization Clauses in Petroleum Contracts in Cameroon
This study aims to explore the legal examination of stabilization clauses in petroleum contracts in Cameroon. Stabilization clauses forms one of the pillars in protecting the interest of foreign investors in petroleum contractual arrangements. These clauses act as a shield to investors as they protect oil companies from the modification attempts in the agreement by host countries by subsequent legislative changes. Their legal validity in the Cameroonian petroleum industry has been guaranteed by the Petroleum Law of the country. However, the findings of this research reveals that the applicability of these clauses remains questionable as the Cameroonian government can implement nationalization and expropriation based on public utility, security or national interest, with suitable compensation. Furthermore, the Cameroonian government can introduce new legislative or regulatory changes in the petroleum contracts, the terms of which must be agreed by both sides and if an agreement is not reached, the matter can be resolved through arbitration.