Legal Research & Analysis
Journal articles - Legal Research & Analysis
All articles: 64
A Legal Analysis of State Gambling Laws in India
Scientific article
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.
Free
A Legal Examination of Stabilization Clauses in Petroleum Contracts in Cameroon
Scientific article
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.
Free
An Analysis of Legal Realism’s Influence on Modern Dispute Resolution Practices
Scientific article
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.
Free
Assessing the Legal Framework for Healthcare Needs of the Aged & Senior Citizens in Nigeria
Scientific article
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.
Free
Beyond Punishment: A Systems-Theoretic Critique of Punitive Anticorruption Legal Frameworks
Scientific article
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.
Free
Case Comment: Matam Gangabhavani v. State of Andhra Pradesh
Scientific article
Transgender is as a broad term that defines individuals whose gender individuality or expression is different from the culturally-bound gender linked with one’s allotted birth sex, i.e., male or female. Transgenders face extensive bias, discernment, violence and other problems of stigma and trans-phobia, i.e., abhorrence of or bias against trans-sexual or transgender people. Stigma is the social process of tagging, labelling, and declining human difference as a system of social regulator. Studying several approaches whereby transgenders face the stigma and discrimination and to comprehend circumstances and environment under which they are susceptible towards stigma is an important field of contemporary research. This paper scrutinizes the judgment by The Hon'ble Sri Justice M. Satyanarayana Murthy of the case Matam Gangabhavani vs State of Andhra Pradesh (2022 SCC Online AP 200) in the light of the nature and approach of the judgment towards the transgender society. Society is a vast term which includes various kinds of communities and judgment like Matam Gangabhavani has an effect to the society about the social stigma and the legislations by the government. The paper analyses the judgment and criticize the non-inclusive approach of the bench and also discuss the effect of such judgment to the society as a whole.
Free
Changing Paradigm of the Labour Laws in India: A legal Analysis
Scientific article
With the evolving landscape of labour laws in India, examining the recent shifts and their implications through a legal lens becomes necessary to study the changes brought by the new legislation. The new labour reforms aim at creating more job opportunities, providing safety and bringing transparency. There are about 200 state legislations and 40 central legislations, which frequently provide colluding jurisdictions, prompting revisions to integrate all of those laws under the umbrella of four labour codes. These codes provide several new clauses addressing the problems of laid-off workers and Unorganized workers.[1] India, with its complex socio-economic fabric and diverse workforce, has undergone significant transformations in its approach to regulating labour relations. The interstate workers have also been provided with the provisions of the Public Distribution System. This work elucidates approaches of the legislature to create a legal framework for dealing with these unique circumstances of labour. It explores whether the standards of international labour law could account for such an arrangement and provides that this is true, and to what degree. The author attempts to analyze the increased awareness and utilization of new labour codes in line with the existing labour legislations for improved assessment of existing labour law principles.
Free
Civil Liability of The Air Carrier for Errors of The Aircraft Crew in Jordanian Law
Scientific article
The aircraft crew bears significant responsibility as they operate the aircraft in the sky, carrying numerous duties and exercising various authorities to perform their tasks effectively. The aircraft crew is obligated to fulfill their commitments towards the air carrier. Current study addresses the issues surrounding the extent of the air carrier's liability for errors committed by the aircraft crew. These errors may be personal, technical, or administrative during flight. We used a comparative, descriptive, and analytical approach to achieve the objectives of the thesis and answer its questions, which focus on defining the obligations and authorities of the aircraft crew and determining the nature of the air carrier's responsibility for errors of the aircraft crew. The key finding of study is that the Jordanian legislator has largely held the air carrier responsible for damages resulting from errors committed by the aircraft crew. Both the air carrier and the aircraft crew share responsibility for these damages towards third parties based on solidarity and mutual assistance. It is suggested to amend the text of Article (42/C) to include detailed provisions specifying the extent of responsibility for each member of the aircraft crew, the responsibility of the aircraft commander, operator, and air carrier in the face of actions leading to harm.
Free
Scientific article
The victims of crime have long remained the forgotten identity in a judicial proceeding. Crime has been treated as wrong against society and thus the cases have been dealt as having two parties, the State and the accused. The aim of the criminal laws was focused on punishing the criminal and the plight of victims had been continuously ignored with no regard being paid to the needs or relevance of recognition of a victim as the actual sufferer of the crime. Gradually in India, the rights of victims have been recognized by the law and majorly by the courts. However, in comparison to the rights of the accused or other victim rights in other jurisdictions like UK, USA, and Canada, the Indian laws are still far behind. There is lack of specific legal provisions and uniformity in the sphere of victim rights. This study aims at in-depth analysis of the victim rights in the three stages of the criminal proceedings, i.e., investigation, enquiry and crime by simultaneously indulging in comparative analysis with rights of accused and victim rights in other jurisdiction and thereby suggesting the way forward.
Free
Comparative Study of the Legal Status of Bengalis in Pakistan and Biharis in Bangladesh
Scientific article
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.
Free
Constitutional Rights and Remedies in Bangladesh from a Comparative Constitutional Law Perspective
Scientific article
The Constitution of the People’s Republic of Bangladesh is an autochthonous, i.e., home grown, as well as a right-based constitution in nature. It was self-adopted by the people of Bangladesh that signifies its autochthonism. Nonetheless, it should not be assumed that every concept embodied in the Constitution is unprecedented or exclusively devised by the framers of the Constitution of Bangladesh. As a comparatively new country, Bangladesh had less opportunity to bring novel principles in its Constitution. Instead, it was influenced by the concepts and principles of foreign constitutions as well as the customary and international law, through applying comparative constitutional law, in order to frame a comprehensive Constitution that reflects the will of the people. The right-based provisions and the remedial provisions of the Constitution of Bangladesh do not differ from this trend. The civil, political, economic, social and cultural rights of the people are recognized in the Constitution as rights and principles. It also provides constitutional remedies against the infringements; however, the enforcement mechanisms are not the same. Following the qualitative methodology, the present article demonstrates the influence of comparative constitutional law on the formulation and development of constitutional rights and remedies in Bangladesh. It is observed that the models of recognizing the rights of the people and implementing the constitutional remedies are the results of applying comparative constitutional law. Additionally, it explores the continuous effort of the judiciary to expand the scope of constitutional remedies with the assistance of comparative constitutional law. This article concludes through acknowledging the significance of comparative constitutional law on the gradual development, including the future scope, of the constitutional rights and remedies in Bangladesh.
Free
Consumer Protection in The New Digital Decade
Scientific article
In this article, the effect of digitization, the use of the Internet and the Internet of Things on consumers in the EU in general and in Romania in particular is discussed. The research is linked to the legislation and policies for accelerating the digital transformation and to the concrete digital objectives pursued in the implementation of the Digital Decade at the level of the European Union. Creating new volumes of data through the implementation of digital services and technologies can create new issues related to data protection and therefore maintaining consumer confidence, confidentiality, access to data and their integrity. The right to information and the information of the average consumer are perhaps the most important aspects of consumer protection. These are key elements of the informed decisions that the consumer must make, in and about the digital environment, so that it is protected against risks and possible harm to its health, safety and fundamental rights. The research results reveal the vulnerability of Romanian consumers to the new reality imposed by the acceleration of digitalization at European level and proposes measures to reduce the digital divide in terms of digital skills.
Free
Scientific article
This article re-examines the doctrinal status of shareholder primacy within the architecture of UK company law, with particular focus on the role of “enlightened shareholder value” (ESV) under the Companies Act 2006. While section 172 is frequently presented as a normative shift towards stakeholder-inclusive governance, this study challenges that narrative by arguing that ESV does not displace shareholder primacy but rather reconstitutes it in a moderated and strategically legitimizing form. Adopting a doctrinal and analytical methodology, the article traces the historical evolution of corporate purpose, analyses the theoretical foundations of shareholder value, and interrogates judicial interpretations of directors’ duties. It demonstrates that stakeholder considerations under section 172 are structurally subordinated, largely non-enforceable, and dependent on managerial discretion. A comparative examination of Bangladeshi company law reinforces this argument by illustrating how shareholder primacy persists in a more explicit and structurally direct form within a developing corporate governance framework. Ultimately, the article contends that contemporary governance reforms in both jurisdictions reflect the adaptive resilience of shareholder primacy rather than its displacement, thereby raising broader questions concerning accountability, stakeholder participation, and the future trajectory of corporate governance reform.
Free
Scientific article
The little effectiveness of environmental law does not correspond to the importance that this branch of law has for today's society and for the future of mankind on Earth. The aim of the present study was to analyze the role of the Judiciary in dealing with environmental issues through the identification of the categories of reasoning of legal discourses arising from environmental demands trials. The methodology used was critical discourse analysis based on the categories formulated by Fairclough (2001). The sample consisted of a Direct Action of Unconstitutionality (ADI) judged by the Federal Supreme Court and an environmental Public Civil Action (ACP) judged by the Federal Judicial Section of Piauí (SJPI). The study showed that the discourses captured in the interviews of the practitioners are against the written legal discourses, however their discursive practices have not yet been sufficient to transform the ideological positions demarcated in the Judiciary. It is believed that legal discourses are in many cases the consequence of a doctrinal formation based on individual rights and cultural values that do not have the environment as a priority, and also due to the divergence of position regarding the eminent issues of society when compared to environmental issues.
Free
Cybersecurity, Foreign Investment, and the Evolving Meaning of Full Protection and Security
Scientific article
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.
Free
Defect of misuse of Authority in Administrative Decisions in Jordanian Legislation
Scientific article
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.
Free
Digital Legacy: Redefining Estate Law in the Age of Social Media and Virtual Assets
Scientific article
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.
Free
Digital Platforms, Competition Law and Consumer Protection in the Tech Economy
Scientific article
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.
Free
Dispute Settlement Mechanism of WTO: Challenges and Solutions
Scientific article
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.
Free
Food Laws of Pakistan: Current Flaws and Strategic Future Reforms
Scientific article
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.
Free
