Legal Research & Analysis
Journal articles - Legal Research & Analysis
All articles: 64
Scientific article
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.
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Freedom to Contract in The Romanian Legal System
Scientific article
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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From Paper to Practice: Why Child Labour Laws Fail in Bangladesh
Scientific article
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.
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From Procedure to Authoritarian State: A Critical Examination of Bulldozer Justice in India
Scientific article
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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Hosting the FIFA World Cup as a Megaevent: Business Opportunities and Human Rights
Scientific article
This paper examines the FIFA World Cup as a paradigmatic megaevent situated at the intersection of the biggest business opportunities available and the human rights risk involved. From the tournament’s evolution since 1930 and its transformation into a global commercial and geopolitical spectacle, this paper analyzes how hosting nations pursue infrastructure investment, tourism revenue, international prestige and even sportswashing while simultaneously exposing vulnerable populations, local and neighbors, to labor exploitation, forced displacement, and the suppression of civil liberties. Through an examination of recent host countries with available data: South Africa (2010), Brazil (2014), Russia (2018), and Qatar (2022), this paper traces how FIFA’s contractual authority over host city agreements, hosting countries, sponsorship arrangements, and commercial licensing shapes both the opportunities available to some of the biggest corporations and the burdens held by migrant workers, displaced residents, and small local businesses. The paper further considers the legal and contractual mechanisms, including human rights clauses, force majeure provisions, morals clauses, and material adverse effect clauses, that could reconcile FIFA’s commercial imperatives with binding human rights protections. Applying the United Nations Guiding Principles on Business and Human Rights, this paper argues that corporate sponsors, broadcasters, and host governments share overlapping obligations to prevent complicity in rights violations. It concludes that future World Cup host agreements must integrate enforceable human rights due diligence and grievance mechanisms if the tournament’s economic legacy is to align with, rather than undermine, principles of dignity, equity, and the rule of law.
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Scientific article
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.
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Informed Consent of the Patient
Scientific article
As a basic and general condition for the conclusion of the civil legal act, consent does not know a legal definition, this role being left to the doctrine. But the Romanian legislator dedicates a generous regulation to it in the Civil Code. Thus, consent was defined as a person's manifestation of will to conclude or perform a legal act. To produce legal effects, the consent must be conscious, free, and untainted. Consent, as provided by art. 1240 of the Romanian Civil Code, can be expressed verbally, in writing or through a behaviour that, according to the law, the parties, established between them, that leaves no doubt about the intention to produce the corresponding legal effects. Referring to the medical act and to the need for a valid and informed consent of the patient, we can define this informed consent, as representing the informed consent of the patient in relation to the interventions/medical acts that can have unpredictable consequences. However, to make an informed decision, the patient must be fully informed about his state of health, about the proposed medical procedures, about the potential risks and benefits of each procedure, about alternatives to the proposed procedures, about the diagnosis, the prognosis, and the progress of the treatment. As a rule, obtaining consent is done only after the patient is informed according to his capacity to understand, clearly and with direct reference to the medical act to be performed, communicating any useful information to make a fully informed decision of cause.
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Interim Injunctions as Instruments of Injustice in Visitation Matters
Scientific article
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.
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International Tourism Law: Freedom Of Movement of People Between Tourism and Terrorism
Scientific article
Considering the humanization of international law, international tourism continues to challenge the right to freedom of movement. The opportunity to meet other people, visit different places, and experience diverse cultures is a unique and individual experience that can reduce the likelihood of international conflicts. As such, international tourism is an important vehicle through which individuals can contribute to global peace. Ensuring the free movement of international tourists is not only essential for the proper functioning of the tourism industry but also reflects the global rights of individuals. In recent years, the global tourism industry has faced significant challenges beyond terrorism, including the COVID-19 pandemic, geopolitical conflicts such as the Russia-Ukraine war, and the ongoing tensions in regions like the Middle East. These events have underscored the vulnerability of international tourism to external shocks and the resulting impact on global stability and peace. The reinstatement of visa requirements by countries like Brazil in 2024 further illustrates the delicate balance between national security and the right to freedom of movement. This paper discusses the complex relationship between the right to freedom of movement under international law and the various factors that impact international tourism, including terrorism, pandemics, and geopolitical conflicts. It highlights the critical importance of maintaining open and secure borders for the continuation of international tourism and its role in fostering global understanding and peace.
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Scientific article
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.
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Legal Evaluation of Premium Payment as a Condition Precedent for a Valid Insurance Contract
Scientific article
The idea of insurance is widely recognized in commercial law and has evolved into a fundamental tenet of contemporary business dealings and contracts. It was designed to satisfy the requirements of contracting parties and has been supported as a workable and commercial tool that an insured can use to reasonably mitigate the effects of a disaster or other occurrence by purchasing an insurance policy. A service known as insurance exchanges risk for monetary responsibilities known as premiums. It is not uncommon for an insured party, before the advent of Insurance Decree 1997 after negotiating and executing an insurance policy, to defer payment of premium until a later date; or for insurance companies to accept part payment of premium, on the condition that payment would be made in full before the end of the insurance policy period. This position changed with the provision of ‘no premium no cover’ under Section 37 of the Insurance Decree, 1997. In an action for enforcement of a contract, the party who alleges breach must prove the existence and validity of a contract between him and the other party. A very important ingredient of the insurance contract is consideration; that is, for a contract to be valid, something of some value, e.g. money or services, must be exchanged for the promise under the contract. Offer and acceptance refers to an offer being made and then being accepted by the other party. Fulfilment of this legal requirement implies that negotiations have been settled and parties have come to an agreement. Current study examined and evaluated premium payment of premiums as a prerequisite to enforceable insurance agreements and claims. It revealed that payment of full insurance premiums is imperative if a contract of insurance is legal and enforceable under section 50(1) of the 2003 Insurance Act. Also, it will be unreasonable and unjustifiable for an insured to be expecting indemnity when a full premium has not been paid to the insurer for proper coverage.
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Legal Framework for the Emergence and Development of Digital Public Administration
Scientific article
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.
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Legal Frameworks of Medical Negligence and Malpractice in Bangladesh and India
Scientific article
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.
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Legal Personhood and Identity of Human Digital Twins
Scientific article
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.
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Legal framework of doping in sports
Scientific article
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.
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Scientific article
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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Scientific article
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.
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Scientific article
Piracy is a significant threat in maritime zones, severely disrupting navigation and exerting a detrimental impact on global trade and commerce. This research critical examines the effectiveness of current maritime security measures, arrangements, and regulatory frameworks specifically designed to combat piracy and armed robbery at sea by exploring a range of strategies employed by both individual nations and international bodies, to counter the persistent maritime threat of armed robbery. Current research identifies key gaps and limitations within these existing measures of maritime securities, offering valuable insights into their practical efficacy and highlighting areas where improvements are necessary. The study evaluates the capacity of the existing frameworks by utilizing qualitative research methodology to theoretically address and prescribe effective mitigation strategies to deter piracy and armed robbery in today’s complex maritime environments, thereby contributing to the ongoing discourse on strengthening and enhancing global maritime security.
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Militarization of Outer Space: Challenges to Global Peace and International Law
Scientific article
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.
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Obstacles in Recovery of Dower in Bangladesh
Scientific article
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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