Legal Research & Analysis
Journal articles - Legal Research & Analysis
All articles: 64
Scientific article
Actions that contain conflicts of interest are prohibited in the limited liability company law because they have a negative impact on the company and shareholders. One of the actions that is prohibited because it has the potential to cause a conflict of interest is representing the votes of shareholders in voting at other general meetings of shareholders by members of the board of directors, members of the board of commissioners, and employees of the company. However, the managing director of PT Pacific Furniture actually carried out the act of representation on the grounds that the represented party was a company established abroad so that it was not obedient and subject to Indonesian law. In fact, the managing director of PT Pacific Furniture held multiple positions because he declared himself a legitimate representative because he was the president director of a company established abroad. This becomes a problem because whether the actions of the managing director who votes for himself and represents a company established abroad meet the qualifications of a conflict of interest and what are the legal consequences of the decision of the Other GMS which contains a conflict-of-interest Research using normative juridical methods with analytical descriptive specifications through literature study data collection techniques and qualitative normative analysis methods. The purpose of this research is to find out the qualifications of conflict of interest and its consequences on the decision of the extraordinary general meeting of shareholders containing conflict of interest so as to provide a basis for determining criteria regarding conflict of interest.
Free
Scientific article
In modern culture, prenuptial agreements represent a significant shift from traditional marital customs to a more popular strategy. Such agreements are effective in navigating potential risks and enhance communication among future spouses. These agreements embody a strengthened framework of legal protection that guarantees that the financial interests of both parties are respected, while also easing the financial burdens and emotional difficulties linked to the divorce process. Current research examines prenuptial agreements in Hindu marriages in India revealing the possible pathways beyond customary laws. It also highlights the significance of customs in Hindu marriages and growing interest in prenuptial agreements young couples. It is suggested to implement a well-defined legal framework which aligns traditional marriage with modern requirement. In India, prenuptial agreements are subject to inconsistent and ambiguous legal provisions. Although there are no particular provisions for prenuptial agreements in personal laws, they may fall under the purview of contract law or the ‘Indian Contract Act, 1872.Courts have generally held them unlawful on public policy grounds. In India, marriages are governed by Hindu marital traditions.
Free
Proper Notice in the WS China Import GmbH Case: Pro-enforcement Stance in Chinese Practice
Scientific article
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.
Free
Protection Scheme Aftermath of the New York Declaration for Refugees and Migrants in United Kingdom
Scientific article
This research explores the United Kingdom (UK) stance on asylum and migrant protection in light of the principles outlined in the New York Declaration for Refugees and Migrants. This Declaration, being a global agreement, led to the establishment of two key global compacts in 2018, guiding nations on migration governance. UK emphasizes its tradition of offering asylum to those escaping persecution, recent legislation has raised concerns. However, Nationality and Borders Act of 2022 introduces provisions that can discriminate against refugees based on their mode of arrival, even criminalizing asylum seekers. The 2023 Illegal Migration Act operates in the context of a significant asylum backlog, causing physical and psychological distress to individuals in the UK's asylum system. The UK's approach to offshore processing, exemplified by the UK-Rwanda agreement, raises concerns about circumventing international obligations and burden-sharing. The "Hostile Environment" policy disproportionately impacts people of color, potentially discouraging access to essential services. UK's approach to asylum and migrant protection needs reassessment to align with international standards. Revisiting recent legislation, addressing the asylum backlog, and reconsidering offshore agreements are crucial. Upholding modern slavery protections and reiterating the commitment to providing refuge while maintaining a compassionate approach is essential for the UK to fulfill its global responsibilities outlined in the New York Declaration.
Free
Public Property and Concessions in The Common Law System and Common Law Countries
Scientific article
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.
Free
Recent Development of Arbitration Law in Brazil
Scientific article
Arbitration in Brazil has undergone a remarkable transformation, graduating from a tentative start to a robust and thriving practice. Like many jurisdictions with complex judicial systems, Brazil has found in commercial arbitration a valuable tool to foster economic growth and provide efficient dispute resolution for both domestic and international parties. Initially, when the Arbitration Act was enacted in 1996, it was met with skepticism. Many Brazilian scholars and legal practitioners questioned its constitutionality, as the concept of removing cases from the traditional judiciary's purview seemed far-fetched. The turning point came when Brazil's Supreme Court upheld the constitutionality of the Arbitration Act, providing a significant boost to its adoption and legitimacy. Since then, the country has witnessed rapid advancements in arbitration practices, making it an increasingly attractive venue for resolving commercial disputes. This development reflects a growing confidence among businesses and legal experts in the efficiency and effectiveness of arbitration as a complementary mechanism to the traditional court system. This article aims to delve into the evolving legal environment surrounding arbitration in Brazil. It will explore the dynamic trends that have emerged, such as the increasing sophistication of arbitration procedures, the establishment of dedicated arbitration centers, and the rising number of professionals specializing in this field. Additionally, the article will analyze how these developments have influenced Brazil's attractiveness as a hub for international arbitration, and the impact this has on the nation's legal and economic landscape. By examining these aspects, the article will provide a comprehensive overview of the current state and future potential of arbitration in Brazil.
Free
Response to Global Refugee Crisis: In Search of Best Practices for the States
Scientific article
The global refugee crisis has become a critical concern in international law. Despite the presence of an international refugee law regime, the refugee hosting countries have resorted to different approaches in responding to the issue. In most cases, responding countries take a defensive approach towards the refugees, and the international refugee law regime itself is not enough to ensure their protection due to its weak enforcement mechanism. However, there are some exceptions. Some countries have set benchmarks in responding to the refugee crises by going beyond their legal obligations. This paper has analyzed the international legal framework on refugee protection, explored the responses by Germany, Turkey, Uganda, and Columbia, and attempted to identify their good practices that can be role models for other refugee hosting states. While comparing the approaches of the four states, the study found that, inter alia, the economic condition of a refugee hosting country is not a barrier to ensuring the rights of the refugees, the conventional humanitarian approach is evolving into an integration strategy, and the willingness of the hosting state is more significant than its legal obligation. Based on the findings, the paper has made recommendations that can be guidelines for the refugee hosting states in responding to the refugee crisis.
Free
Revisiting Muslim Personal Law in Bangladesh: Challenges and Opportunities for Codification
Scientific article
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.
Free
Right to Compensation under Constitutional Scheme in India
Scientific article
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.
Free
Scientific article
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.
Free
Statelessness, Treaty Law, Customary International Law and The Rohingya Crisis
Scientific article
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.
Free
Substantive Legal Principles for Exploration and Exploitation of Resources in The Area
Scientific article
Interest in exploring and exploiting mineral resources is increasing globally due to exhausting land based mineral resources. Exploring or exploiting land or deep seabed resources leads to diverse uncertainties and several risks to the environment necessitating guiding principles for exploring or exploiting resources. Competence over mineral resources in the sea is conferred to the International Seabed Authority (ISA). This study analyzes the effectiveness of the implementation of the substantive principle for exploring or exploiting resources. Effective implementation of the substantive principles regarding the exploring of and exploiting of deep seabed resources is the main research question. Currently, the substantive prescription and principles for exploring of and exploiting of deep seabed resources is not implemented as it should be. The methodology consists of the empirical approach while content approach and institutional approach is utilized in data analysis. The commitment provided for in the 1994 Agreement and Convention on the Law of the Sea is implemented by ISA. ISA, however is facing challenge in ensuring that financial benefits and economic benefits are shared equitably necessitating the recommendation to create a commission subject to accountability to ISA with a well-defined mechanism on how financial benefits will be shared.
Free
The 2026 Cybercrime Law of Oman and Digital Governance Abdulwahab
Scientific article
On 1 June 2026, Royal Decree No. 61/2026, replaced the Sultanate of Oman's fifteen-year-old Cybercrime Law (Royal Decree No. 12/2011) with a substantially expanded statute governing digital conduct. The Decree 61/2026 modernizes Oman's technical cybercrime framework only incrementally, but expands liability for online expression, most visibly through Article 20's prohibition on "misleading information" and content deemed to undermine public order. Current research examines the new law's structure, its treatment of technical and content-based offenses, and its penalty architecture, situating the reform within Oman's obligations under international human rights instruments. The article situates the law within the broader regional pattern in which cybercrime statutes are deployed less against hacking than against dissent, and is a set of doctrinal and drafting recommendations aimed at narrowing the law's most indeterminate provisions.
Free
Scientific article
This study analyzes the possible impacts of the Law nº. 14.879/24, which amended article 63 of the Brazilian code of civil procedure, in the international contracts. The purpose of the law is regulating the application of the forum selection clause for actions arising from rights and obligations. Due to the changes brought in by the law, some requirements have become indispensable for the effectiveness of the forum selection clause which are the relevance to the domicile or residence of one of the parties or to the place of obligation, considering non-compliance with such requirements to be an abusive practice. However, international commercial contracts are characterized by the plurality of parties and legal systems involved in the relationship, leading to the fact that parties commonly adopt the forum selection clause indicating a neutral forum to settle problems arising from these contracts, without necessarily having any connection with the parties or the obligation. Therefore, the purpose is to debate whether the proposed changes constitute a real step backwards and could affect the autonomy of the parties will in international contracts, creating legal uncertainty in transnational legal transactions. It can be concluded that the real setback generated by the modification of the legal provision that deals with the choice of forum clause, by making it possible for the Brazilian judiciary to stop recognizing the autonomy of the parties' procedural will in international contracts, will generate uncertainty and legal insecurity in transnational legal transactions.
Free
Scientific article
Big Data analysis has fundamentally reshaped American presidential campaigns. At the heart of this shift is electoral microtargeting, which involves the meticulous profiling of citizens for highly customized political communications. Current study explores the complexities produced by such practices. The friction between First Amendment which protects the political expression and the right to everyone’s personal privacy. Although American courts consistently uphold broad safeguards for political discourse, the large-scale aggregating of sensitive psychographic information by campaign organizations and private data brokers operates largely outside the current disjointed and highly fragmented U.S. data privacy regime. Current research aims to highlight legal deficiencies and evaluate the degree to which the prevailing First Amendment paradigm might counterintuitively impair democratic processes trapping voters in asymmetric information bubbles. The findings underscore a pressing need for comprehensive federal statutory reforms that would reconcile the freedom to campaign with mandates for transparency and stronger data security.
Free
The Paradox of Confession: Nat Turner, Racism, and Truth
Scientific article
In theory, confession is a narrative of truth-telling. Yet, as a genre of legal discourse, confession paradoxically does no such thing. In law, confession as truth-telling unwrites itself, inscribing in the confessant’s consciousness, even her flesh, the truth of the interrogator. This article examines the discursive construction of confession in different historical settings as a perlocutionary act which performs the guilt of the accused and their associates. Only by doing so may the audience, be they Athenian citizens, clerical Inquisitors, Continental judicial torturers, or American police and jurors, reach narrative closure. The purpose of this article is to unmask the dynamic of confession as a stratagem used by those in power to superimpose and justify their ideological assumptions on those who are marginalized and victimized by extant social orders. In particular the article reviews the complex philosophical relationship of anamnesis and anagnorisis in the production of legal truths. The article uses The Confession of Nat Turner, the most famous of American confessions, as a focal point to illustrate how confession functions as a tool to sustain institutional racism in America grounded in the legacy of slavery. The article provides a two-fold analysis of confessional practices in Western legal traditions. First, it succinctly reviews the history of confession from antiquity through the modern civil and common law traditions: in the Athenian courts where the testimony of slaves was admissible only under torture; in late medieval ecclesial courts where conversos, placed on the rack, confessed heresy to Inquisitors; in Continental civil law courts where torture was employed to elicit confessions to fulfill the standard of certainty to sustain convictions; and even in police stations today, not just in America, but in police headquarters around the world, where the Reid technique is widely used to coerce confessions from the innocent. Second, the article focuses on the realities of American slavery which produced countless slave rebellions, from individual acts of resistance to organized slave rebellions. The most successful of these rebellions was the Nat Turner insurrection of 1831, which resulted in the killing of some 55 whites, including white men, women, and children. The article reviews the alleged original confession to Thomas Gray, the literary incarnation of Nat Turner’s confession by William Styron, and its cinematic portrayal in Nate Porter’s Birth of a Nation. The article then examines the underlying object of confession, the truth or aletheia, and the extent to which this truth can be re-membered (anamnesis) or, if irretrievably lost, can be re-imagined (anagnorisis). Anagnorisis, however, is not the truth of the police station and the courts, but rather a kairotic, redemptive truth which provides hope to those oppressed by the contemporary legal system .The article concludes that confession, not only in the courts of Athens, the Inquisitors’ cells, and the torture chambers of the early modern Continental law but also in the police station and the courts of the United States, produces a legal truth that serves the ideological script of existing authorities. The reliance on confession serves to perpetuate the legacy of slavery and racism rather than the cause of justice.
Free
Scientific article
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.
Free
The Personal Data Protection Act, 2026 of Bangladesh, Privacy and Global Data Governance
Scientific article
Bangladesh has entered a transformative phase in its digital governance journey with the enactment of the Personal Data Protection Act, 2026, which evolved from the Personal Data Protection Ordinance, 2025, and its subsequent amendment in February 2026. Current research is a comprehensive analysis of Bangladesh's data protection framework, examining its legislative evolution, key statutory provisions, institutional architecture, and implementation challenges. Based on comparative analysis with the European Union's General Data Protection Regulation (GDPR), documented breach incidents involving Bangladesh's National Identity database and private-sector data-fiduciaries, and scholarly and civil-society critiques, the study explores significant structural concerns including regulatory independence, state surveillance risk, and the balance between individual rights and state prerogatives. While the Act is a historic shift by recognizing citizens' personal data as their own property, substantial gaps exist between legislative text and effective implementation, in the absence of a mandatory breach-notification duty to affected individuals and Prime Minister's Office as the enforcing Authority. Strengthening Bangladesh's data protection framework through enhanced institutional independence, and transparent safeguards on state exemptions will offer closer alignment with international human-rights standards.
Free
The Relationship Between Investment Laws and Human Resources Management
Scientific article
Current study explores the transformative intersection of international investment law and human resource management through jurisprudential analysis, empirical Service-Learning data, and regulatory modeling. It argues that bilateral investment treaties (BITs) and domestic investment codes function as human resources management (HRM)architecture determinants by imposing substantive compliance obligations across recruitment, compensation, and termination functions. The methodology triangulates three datasets: International Centre for Settlement of Investment Disputes (ICSID) case law interpreting FET clauses in labor disputes; Service-Learning implementations across 12 new markets; and legislative content analysis of 37 BITs post-2010. Findings show that HRM systems resolve the compliance-value paradox by converting legal constraints into competitive advantages when integrating four mechanisms: Localization Tiered Frameworks (LTFs), Algorithmic Accountability Boards (AABs), Cross-Border Compliance Swaps (CBCSs), and Emergency Response Protocols (ERPs). The research establishes HRM as the critical legal intermediary translating abstract treaty provisions into operational practices. It indicates that algorithmic governance failures (per Meta v Norway) now constitute investment law violations. Accordingly, it proposes the regulatory trilemma framework where optimal HRM balances treaty obligations, domestic labor laws, and supranational due diligence directives. We conclude that HR leaders must evolve into "legal architects" who proactively design human capital systems anticipating jurisdictional arbitrage vulnerabilities.
Free
Scientific article
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.
Free
