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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When the Family is Not Biological: Redefining “Family” in Law
The institution of the family in India has traditionally been demarcated by the rigid contours of consanguinity and marriage. However, the contemporary socio-legal landscape is witnessing a significant paradigm shift, necessitated by the emergence of diverse domestic arrangements that defy conventional definitions. Current study explores the evolving jurisprudence of the 'family' within Indian law, highlighting the transition from a formalist approach—relying strictly on biological and marital ties to a functionalist perspective that recognizes "atypical" manifestations of the family unit. Drawing on the Supreme Court of India's landmark observations regarding domestic, unmarried, and queer partnerships, the research explores the constitutional dimensions of familial recognition under Article 21. It further analyses the statutory distinction between "household" and "family," as elucidated in Indrapal Singh v State of U.P.; to demonstrate how administrative law often lags behind constitutional aspirations. By engaging with comparative legal theories on "de facto" parenthood and the rights of psychological parents, this study argues that the functional performance of care and interdependence must form the basis for legal recognition, ensuring that the protective canopy of social welfare and constitutional liberty extends to all genuine familial bonds," As explained in Indrapal Singh v. State of U.P., administrative law frequently does not keep up with constitutional goals. In engaging with comparative theories of law pertaining to "de facto" parenthood and the rights of psychological parents, this study argues for legal recognition based upon provided well care and mutual reliance of parties.
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Beyond Punishment: A Systems-Theoretic Critique of Punitive Anticorruption Legal Frameworks
The global anticorruption legal regime—anchored in the United Nations Convention Against Corruption (UNCAC), the U.S. Foreign Corrupt Practices Act (FCPA), and the UK Bribery Act—rests on a foundational premise: that corruption is primarily a problem of morally deficient individuals, addressable through criminal sanctions and enhanced enforcement. This article challenges that premise by applying a systems-theoretic framework to the analysis of anticorruption law. Drawing on transaction-cost economics, evolutionary game theory, and the theory of complex adaptive systems, the article argues that corruption is better understood as an emergent property of institutional systems operating under structural stress—specifically, the excess regulatory burden that this article terms institutional friction. Four interconnected claims are advanced. First, corruption prevalence correlates more strongly with institutional friction than with enforcement intensity or cultural variables. Second, when friction exceeds a critical threshold, corrupt behavior becomes the only individually rational strategy, and competitive dynamics systematically displace non-corrupt actors. Third, increasing punitive severity does not reduce corruption volume but drives it into more sophisticated and costly forms, generating an enforcement–concealment arms race that constitutes pure deadweight loss. Fourth, replacing human decision-makers with algorithmic systems at routine administrative nodes eliminates the structural precondition for corruption at those nodes. The article concludes that effective anticorruption reform requires a shift from punitive legal frameworks to structural interventions: regulatory simplification, strategic automation of discretionary decision points, and targeted rather than totalizing enforcement. The implications for international anticorruption law and domestic legal reform are discussed.
A Legal Analysis of State Gambling Laws in India
One constitutional paradox in the gambling regulations in India is that the state regulatory authority over betting and gambling (Entry 34, State List) is within the spectrum of the fundamental rights guarantee Article 19(1) (g) and an emerging jurisprudential abstraction of games of skill and games of chance. Current study explores the constitutional principles governing Indian gambling law, the evolution of this law over historical times since the first policy as permissive-regulatory in ancient India and prohibitionist policies in British rule with divergent state-fundamental regulations, the dichotomy of skill and chance which has successfully been codified with landmark cases of the Supreme Court, statutory frameworks of central and state legislative policies, and the transformative effect of the Promotion and Regulation of Online Gaming Act, 2025. By applying an analytical method to the Law Commission of India foundational Report No. 276 (2018) of the doctrine of res extra commercium as applied in State of Bombay v. R.M.D. Chamarbaugwala (1957) to the Internet-based gambling, modern judicial decisions regarding the regulation of online gambling, and emerging constitutional issues with the 2025 Act, currently awaiting final ruling by the Supreme Court, the paper concludes that the Indian gambling law has been re-formed to rely not on protection The paper shows that this change also poses significant constitutional concerns over the issue of Article 19(1)(g) violation, proportionality of restrictions and federalism principles, as modern regulatory scholarship suggests evidence-driven governance frameworks that impose protective measures in the form of regulation instead of categorical prohibition.
Militarization of Outer Space: Challenges to Global Peace and International Law
Militarization of outer space is one of the most complex challenges to global peace, harmony, and security in the 21st century. Initially, recognized as a subject area of scientific exploration and constructive engagement, outer space has progressively become a critical zone for defense competition among major powers. The arrangement of multi-domain satellites, development of anti-satellite weapons (ASAT) and creation of autonomous defense structure by powerful nations like USA, China, Russia and India. These countries have shifted from the peaceful uses to framework conceived in 1967 Outer Space Treaty. This evolving militarization intimidates to rebuild space into a war zone and risk of conflict beyond boundaries. The existing international skeleton secured by the Outer Space Treaty, like the Convention on Registration of Objects Launched into Outer Space 3235(XXIX), was created in a time when space capabilities were limited. These treaties restrain the installation of weapon of mass destruction in orbit but are still silent on the usage of cyber-based weapons in space. This vagueness created an inadequacy that states can justify their military activities as a self-defense or technological advancement. To safeguard outer space as a global collective good, there is an urgent need for recommencing diplomatic engagement, stronger transparency measures and development of a comprehensive international legal authority addressing both military and non-military threats. Preserving space as a peaceful and collective land is crucial for global security as well as collective survival of humankind.
Public Property and Concessions in The Common Law System and Common Law Countries
Concessions and public property are important elements of legal system for managing public infrastructure, improving efficiency and services, attracting private investment, reducing public spending and risks, generating public revenue, maintaining public control and strategic control. No comprehensive study exits on the public property and concessions in the common law system and in common law countries. Current study explores the notions of "public property", but also that of "concession", from the perspective of the United Kingdom, the United States of America, and New Zealand, by examining the two previously mentioned notions in a separate manner, in the case of each of the mentioned states, with the aim of creating and providing accessible explanations for the regulations on public property and on concession. The study also highlights Romanian legislation for the same.
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In Search of A ‘Just’ World: The Permanent Peoples’ Tribunal and The Challenge to International Criminal Law
International criminal law presents itself as the main global response to atrocity, yet its selective prosecutions, narrow construction of victimhood and focus on individual perpetrators leave structural injustice largely untouched. This article argues that this doctrinal and institutional focus produces a form of structural impunity, particularly in relation to harms suffered by migrants. It develops this claim through a close reading of the Permanent Peoples’ Tribunal’s (PPT) 2017–2020 sessions on the rights of migrants and refugee peoples. Using a doctrinal and critical-interpretive method, the article analyses the Tribunal’s legal basis in the law of peoples, its construction of migrants as victims of systemic injustice, and its articulation of ‘system crimes’ that are rooted in economic, political and legal structures rather than isolated acts. The article shows how the PPT attributes responsibility to European states and institutions for a migration regime that predictably produces deaths at sea, abuses in detention and degrading living conditions. It argues that the Tribunal advances a model of corrective distributive justice that links accountability to structural repair and redistribution. The conclusion suggests that a credible international justice project must move beyond retributive trials to confront the global structures that sustain violence and inequality.
Cybersecurity, Foreign Investment, and the Evolving Meaning of Full Protection and Security
Foreign investors increasingly rely on digitally mediated assets and operations, like data centres, cloud services, and industrial control systems, that are situated within or controlled by host states. The law governing the obligations of host states to prevent and respond to cyber incidents affecting those investments remains uneven and fragmented. Current study examines whether, and in what manner, the classical investment law standard of full protection and security (FPS) can be interpreted to encompass a positive duty of cyber due diligence. Drawing on treaty practice, arbitral jurisprudence, and general public international law on state responsibility, it traces the conceptual and doctrinal routes through which cyber risks may be characterized as security risks to an investment and brought within the ambit of FPS. The research provides an ordered understanding of cyber due diligence, built around three core dimensions namely regulatory preparedness, operational readiness and remedial responsiveness. Regulatory preparedness is the existence of reasonably up-to-date legal frameworks on cybersecurity and breach notification; operational readiness is the institutional capacity and technical and organizational measures in critical infrastructure; and remedial responsiveness is the incident handling, cooperation with affected investors, and transparency in the aftermath of an attack. These dimensions are tested against hypothetical but realistic scenarios, including ransomware attacks on industrial facilities and systemic data exfiltration from state licensed data centers, to explore how arbitral tribunals approach questions of causation, attribution, and contributory fault in cyber related FPS claims. Recognizing a digital variant of FPS need not transform host states into insurers against all cyber harm. Properly framed as an obligation of conduct, cyber due diligence clarifies the standard of reasonableness in circumstances where regulatory indifference or institutional inaction can significantly magnify transboundary harm. The article concludes with drafting suggestions for next generation investment treaties that seek to integrate cyber due diligence into FPS and related clauses while preserving the regulatory autonomy required for evolving cybersecurity policy.
Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1
The Supreme Court of India made a crucial decision in 2020 regarding defining the issue of inheritance rights of women from their father's ancestral properties under Hindu Law. It had been in controversy even before this decision was reached about whether it was possible for women to claim their inheritance from their father's ancestral properties if their father died before the Communist Uniform Succession Act was passed. The Court held that both daughter and son become coparceners at birth. It therefore shall not affect whether their father died before or after coming into operation of the Hindu Succession (Amendment) Act, 2005. It had been held by the Court that Hindu Succession (Amendment) Act, 2005 is also retrospective in nature, and daughters by birth shall share equal rights with their brothers over their inheritance from their parents' ancestral properties. This decision is of immense importance because it leaves no ambiguity about whether daughters can claim their inheritance from their fathers' ancestral properties, and it provides equal treatment under the law for every woman, which is imperative toward ensuring gender equality under Hindu Personal Law.
Statelessness, Treaty Law, Customary International Law and The Rohingya Crisis
The Rohingya crisis proves that international human rights law has not been implemented since World War II. The 1951 Refugee Convention plays an important role in protecting people, but it doesn't always work when a country revokes someone's citizenship and expels them. In such situations, customary international law exerts significant influence. The principle of non-refoulement, which initially was a proposal to refrain from returning individuals in dangerous situations, later evolved into a strong legal obligation. Countries should adhere to this principle, both in their domestic legal framework and in the context of international law. The prohibition of arbitrary revocation of citizenship will soon become an important element of international law. Current study examines the endeavors of humanitarian practitioners and displaced populations in Bangladesh as they strive to ascertain meaningful solutions to the Rohingya crisis, encompassing the reinstatement of citizenship, the guarantee of individual safety, and the promotion of self-determination. The enforcement of customary international law to resolve the Rohingya crisis through diplomatic means can help stop this ongoing cycle of human rights violations.
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.
Interim Injunctions as Instruments of Injustice in Visitation Matters
Visitation disputes in Pakistan often leave minor children caught between custodial and non-custodial parents, while courts rely heavily on interim injunctions. These injunctions are frequently issued mechanically, often based solely on an affidavit, and usually ex parte. In practice, appellate courts routinely grant or extend such orders without fully considering the welfare of the child, causing long-term delays and depriving minors of meaningful contact with one parent. This study explores the misuse of interim injunctions in family law, arguing that they often violate constitutional protections under Articles 4, 9, 10-A, and 15. Family courts operate in loco parentis, with a quasi-parental responsibility toward minors. Suspension of visitation without thorough inquiry undermines not only statutory mandates under the Guardians and Wards Act, 1890 and the Family Courts Act, 1964 but also the emotional and psychological well-being of children, potentially leading to parental alienation, insecurity, and long-term behavioral issues.
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.
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.
From Paper to Practice: Why Child Labour Laws Fail in Bangladesh
Although the government has promised to follow international norms to fix the problem, child labor is still a challenge in Bangladesh. Millions of kids face dangerous and unfair occupations especially in the informal economy, e.g., farms, housework, and small companies. Bangladesh Labour Act of 2006 and the National Child Labour Elimination Policy of 2010 are both significant pieces of legislation but these are not enforced properly due to scarcity of resources, corruption, and entrenched social norms. Current study analyzes the prevalence of child labor despite presence of legal framework. Governance laws will never achieve their effect until they deal with the confluence of extreme poverty, poor governance, lack of education, and complex global supply chains. The study highlights the importance of a multi-stakeholder approach to address the root causes of child labor, enhance enforcement and develop viable alternatives to child labor.
National Child Labour Elimination Policy
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.