THE ROLE OF THE WTO IN RESOLVING TRADE DISPUTES: A COMPARATIVE ANALYSIS OF WTO DISPUTE SETTLEMENT AND COMMERCIAL ARBITRATION

AUTHORS – MS. SUSHMITA SINGH* & DR. MANISH KR. SINGH **

* STUDENT AT NIMS UNIVERSITY JAIPUR

** ASSISTANT PROFESSOR AT NIMS UNIVERSITY JAIPUR

BEST CITATION – MS. SUSHMITA SINGH & DR. MANISH KR. SINGH, THE ROLE OF THE WTO IN RESOLVING TRADE DISPUTES: A COMPARATIVE ANALYSIS OF WTO DISPUTE SETTLEMENT AND COMMERCIAL ARBITRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1068-1074, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In an era marked by increasing globalization, trade disputes have become inevitable. The mechanisms for resolving such conflicts are pivotal for sustaining economic cooperation and legal certainty. This research proposes to examine the role of the World Trade Organization (WTO) Dispute Settlement Body (DSB) in resolving international trade disputes, juxtaposed against the framework of commercial arbitration. While the WTO DSB is widely regarded for its structured and enforceable adjudication process, commercial arbitration offers a flexible and private resolution method, often preferred in corporate circles. The comparative analysis seeks to highlight the strengths and limitations of both mechanisms with a view to proposing hybrid models that could enhance global trade governance. The World Trade Organization (WTO) plays a pivotal role in maintaining the stability and predictability of the global trading system through its Dispute Settlement Mechanism (DSM). In recent years, however, the mechanism has come under scrutiny due to procedural delays and the paralysis of the Appellate Body. In parallel, commercial arbitration has emerged as a preferred mode for resolving trade-related conflicts, especially in the private sector. This research aims to critically examine the effectiveness, efficiency, and enforceability of WTO dispute resolution vis-à-vis international commercial arbitration. Through a comparative lens, this study will evaluate the procedural architecture, stakeholder satisfaction, and institutional legitimacy of both mechanisms. Ultimately, it seeks to explore whether these mechanisms are complementary or competitive in the broader context of international trade governance.

Keywords: WTO, Dispute Settlement Body, Commercial Arbitration, Trade Disputes, International Trade Law, Alternative Dispute Resolution, Legal Framework, Enforcement, Confidentiality, efficiency, confidentiality, cost-effectiveness, business relationships, enforceability, legal framework, dispute resolution

NAVIGATING THE ABROGATION OF ARTICLE 370: AN ANALYSIS OF THE CONSEQUENCE OF THE REPEALING BY THE GOVERNMENT OF INDIA

AUTHOR – MR. ISHAN DHALIWAL & MS. SHARON ANEJA

STUDENTS AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), LAVASA CAMPUS, PUNE

BEST CITATION – MR. ISHAN DHALIWAL & MS. SHARON ANEJA, A STUDY ON THE EDUCATIONAL POLICIES AND RESERVATION IN INDIA WITH RESPECT TO SCHEDULE 11 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1063-1067, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In this research paper, we have discussed the consequences of the abrogation of Article 370 of the Constitution of India, which happened on August 5, 2019, on the Union of India and the State of Jammu and Kashmir. Article 370 was the constitutional link that connected Kashmir’s distinct identity and autonomy to the Indian Union. The unilateral abrogation of this article saw a range of happenings unfold, including the dissolution of Jammu and Kashmir’s Legislative Assembly, the shutting down of communication networks, the intensification of military and paramilitary presence leading to large-scale protests and disturbances and international condemnation. This study will take into account the context, meaning, and histories of Article 370 and eventually the transformation of Kashmir from one of nasty conflict to what has become ultimately an overwhelmingly unsustainable occupation to frame the ideological distance between militant Hindu nationalists on the Indian side and supporters of Kashmiri autonomy. The abrogation was supposed to lead to violence and create mass insurgency within Kashmir, yet the area has not transformed into mass insurgency or even the trajectory of increasing violence portrayed by military forces involved in what has now become a representative of the Indian state. There remains a general belief and impression that the governance of Kashmir is entangled in difficulties and political constraints, and that it remains erected in a terrain of potential thinkable mass resistance as well as in terrains of many contestable and potentially conflicting political strategies of domination and control. This paper highlighted still current sociopolitical dilemmas in Kashmir, and it reflected on the implications these may have for the stabilizing of regional space and the wellbeing of its people based on its findings and conclusions. However, it is unclear when and how the factual parameters of the local parameters will, given the lack of a local and regional discursive and representation-oriented conception, result in changes to the governance of Kashmir’s political landscape.

Keywords: Abrogation, Autonomy Constitution,Democracy,Government, Nationalists, Politics

A STUDY ON THE EDUCATIONAL POLICIES AND RESERVATION IN INDIA WITH RESPECT TO SCHEDULE 11 OF THE INDIAN CONSTITUTION

AUTHOR – S.R SAI VISHAL, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS), CHENNAI

BEST CITATION – S.R SAI VISHAL, A STUDY ON THE EDUCATIONAL POLICIES AND RESERVATION IN INDIA WITH RESPECT TO SCHEDULE 11 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1047-1062, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The reservation system has always been an integral part of the Indian system and has played a major role in eliminating the disparities in the society and to act as a bridge for the socially and economically backward classes. Multi year plans of the nation have dealt with different accomplishments to set up further targets and allot assets for the equivalent. Be that as it may, even today, the framework has a few difficulties which should be met, however the enrolment of kids in schools has gone up. Despite the fact that the number of inhabitants in Scheduled Castes and Scheduled Tribes are spoken to a fitting extent, substantial numbers of youngsters drop-out at the upper essential level. The main purpose of this study was to make an examination on the educational policies and reservation with reference to Schedule 11 of the Constitution. This paper follows an empirical method of research and a total of about 202 responses were collected through a convenient sampling method. This research uses both primary and secondary sources of literature. It was found that the respondents were of the opinion that the reservation system has played a crucial role in bridging the educational disparities among the different communities and the primary objective of the reservation system is that of promoting social inclusion of the socially and economically backward classes. It was further concluded that the respondents were of the opinion that the reservation system needed to be removed and abolished.

Keywords: Reservation, Community, Education, Constitution, Socially-backward.

ASSESSING THE EFFICACY OF INDIAN LAWS IN ADDRESSING PHISHING ISSUES IN CYBERCRIME

AUTHOR – PVN VAMSI KRISHNA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) LAVASA, PUNE

BEST CITATION – PVN VAMSI KRISHNA, ASSESSING THE EFFICACY OF INDIAN LAWS IN ADDRESSING PHISHING ISSUES IN CYBERCRIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1028-1034, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This Article critically evaluates the effectiveness of India’s Information Technology Act, 2000 (IT Act) and related statutes in combating phishing attacks. Phishing is identified as an increasingly sophisticated cyber threat that exploits gaps in statutory definitions and enforcement. The analysis finds that while the IT Act and related provisions (such as §§66, 66C) and accompanying Indian Penal Code sections provide a framework for prosecution, they lack a specific definition of phishing, leading to ambiguity and reliance on general fraud and identity-theft provisions.

Enforcement is hampered by technical challenges, jurisdictional complexities, and limited forensic capacity among law enforcement. The transnational nature of phishing underscores the need for strengthened international cooperation; existing mutual legal assistance treaties and cybercrime conventions remain patchily applied. The article recommends clarifying statutory definitions of phishing (for example, by amending the IT Act to explicitly criminalize phishing), expanding investigative and prosecutorial resources. These reforms aim to modernize India’s cyber legal framework in line with evolving phishing tactics, improving enforcement and the security of digital transactions. Overall, the findings underscore the importance of legislative reform and global cooperation in fortifying India’s defences against phishing and safeguarding its digital economy.

ARTISTIC AND MUSICAL WORKS UNDER INDIAN COPYRIGHT REGIME :A RESEARCH PAPER

AUTHOR – ISHAN DHYANI, STUDENT AT UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GGSIP UNIVERSITY

BEST CITATION – ISHAN DHYANI, ARTISTIC AND MUSICAL WORKS UNDER INDIAN COPYRIGHT REGIME :A RESEARCH PAPER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1018-991, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines the legal landscape surrounding copyright protection for artistic and musical works under Indian and international law. It traces the historical evolution of copyright recognition from the early 18th century, focusing on milestones such as the Copyright Act of 1911, which marked the inclusion of artistic and musical works as subject matter of copyright. The study delves into the definitions and rights associated with “artistic works” and “musical works” under the Indian Copyright Act, 1957, discussing elements like originality, the idea-expression dichotomy, and the doctrine of authorship. Contemporary challenges are highlighted, particularly the impact of artificial intelligence on authorship and copyright ownership, as exemplified by cases such as Zarya of the Dawn, where AI-generated content faced copyright denial. This paper argues that while India’s copyright framework aligns with conventions like the Berne Convention, amendments are necessary to address the complexities of AI-generated creations, ensuring clarity and adaptability in modern copyright law.

A STUDY ON CHILDREN’S EXPOSURE TO HARMFUL ONLINE CONTENT WITH SPECIAL REFERENCE TO ONLINE GAMBLING

AUTHOR – THATSHINYA.S, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI

BEST CITATION – THATSHINYA.S, A STUDY ON CHILDREN’S EXPOSURE TO HARMFUL ONLINE CONTENT WITH SPECIAL REFERENCE TO ONLINE GAMBLING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1004-1016, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Online gambling is a game where the user or gambler who is online gambling in using the electronic media with accessing the internet as a medium for gambling. Online gambling also known as a cyber-gambling.. According to the Cambridge Dictionary Online, the gambling can be briefly defined as “ the activity of betting money, for example in a game or on a horse race”. Online gambling (or Internet gambling) is any kind of gambling conducted on the internet. The research method followed is descriptive research. The data is collected through a questionnaire and the sample size is 253. Random sampling method is adopted in the study to collect the data. The samples were collected from the general public with reference to chennai. The independent variables are gender , age, educational qualification ,marital status.The dependent variables are advertisements, compulsion from friends, earning money, educating the children from school. Parental monitoring, most of the parents are not ready to talk about the gambling and other harmful online contents but parents should start interacting with the children and educate them with pros and cons of the gambling and other harmful contents so that children can come to know about it. Government has made many initiatives to bring awareness among the public to give exposure to the public and children about online gambling but the government can make more initiative by bringing any new legislation and can conduct awareness camps about online gambling in various places.

KEY WORDS: Online gambling, money, betting, sport, children’s exposure.

A STUDY ON IMPORTANCE OF FINANCIAL AUDITING INFORMATION FOR BUSINESS MANAGEMENT

AUTHOR – THATSHINYA.S, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI

BEST CITATION – THATSHINYA.S, A STUDY ON IMPORTANCE OF FINANCIAL AUDITING INFORMATION FOR BUSINESS MANAGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 992-1003, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper elucidates the critical role of financial auditing information in the realm of business management. In an era characterized by heightened economic complexities and regulatory scrutiny, the accurate assessment of a company’s financial standing is paramount. Financial audits serve as a linchpin in this process, offering a systematic examination of financial records to ensure accuracy, compliance, and transparency. Beyond its regulatory function, this information holds profound strategic value, empowering decision-makers to allocate resources judiciously, identify operational efficiencies, and mitigate potential risks. Moreover, it engenders stakeholder confidence, bolstering investor trust and fortifying organizational reputation. Through an in-depth exploration of the multifaceted benefits that financial auditing information confers, this paper advocates for a proactive and strategic approach to auditing, positioning it not merely as a compliance exercise, but as a powerful catalyst for informed and effective business management.

KEYWORDS – Financial Management, Business Management, Control, Financial activities, Financial audit.

THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM

AUTHOR – DEEKSHA JHA, LLM SCHOLAR AT UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – DEEKSHA JHA, THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 923-991, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian legal system has long been burdened with a backlog of cases, necessitating the adoption of alternative dispute resolution (ADR) mechanisms to facilitate quicker and more cost-effective justice delivery. Over the years, ADR has evolved significantly, with arbitration, conciliation, mediation, and Lok Adalats playing a crucial role in reducing litigation pressure. Among these mechanisms, mediation has emerged as a preferred mode of dispute resolution, leading to the enactment of the Mediation Act, 2023, a landmark legislation aimed at institutionalizing and strengthening mediation in India.

Enacted on 14th September 2023, the Mediation Act is expected to enhance India’s position as an ADR-friendly jurisdiction globally by providing a robust legal framework for mediation. While mediation has traditionally been an informal dispute resolution mechanism since the inception of Gram Panchayats, where community mediators played a role in resolving conflicts, this legislation marks a significant step forward in the institutionalization of mediation. Unlike earlier legal provisions that merely included mediation as a subset of ADR, the Mediation Act, 2023, elevates it to an independent and parallel status alongside the Arbitration and Conciliation Act, 1996, thus reinforcing its importance in the Indian legal landscape.

This dissertation provides a comprehensive analysis of the ADR wave in India, with a special emphasis on the Mediation Act, 2023. It traces the historical evolution of ADR, examines the legislative framework, and evaluates the effectiveness of mediation in reducing judicial pendency. The research also highlights key landmark judgments, including Salem Advocate Bar Association v. Union of India (2005)^[1] and Vidya Drolia v. Durga Trading Corporation (2020)^[2], that have shaped ADR jurisprudence in India.

A critical assessment of the Mediation Act, 2023, is undertaken, focusing on its salient features, such as mandatory pre-litigation mediation, online mediation, and community mediation. A unique feature of this act is the provision for urgent interim relief under special circumstances by a tribunal or court, ensuring that parties are not left without immediate recourse when required. Additionally, while mediated settlement agreements hold legal enforceability, they are open to challenge on grounds of fraud, coercion, impersonation, or non-compliance with Section 6 of the Act.

Furthermore, a comparative analysis of India’s ADR framework with international models—such as Singapore’s Mediation Act, 2017, and the United States’ court-annexed mediation system—offers insights into best practices that could enhance India’s mediation landscape. The dissertation concludes with policy recommendations, emphasizing the need for greater awareness, mediator training programs, technological integration (Online Dispute Resolution), and institutional reforms to establish mediation as a primary mode of dispute resolution.

By evaluating the potential of the Mediation Act, 2023, this research underscores the growing significance of ADR in achieving an efficient, accessible, and time-sensitive legal system in India. The findings aim to contribute to ongoing discussions on legal reforms and dispute resolution mechanisms, advocating for a robust mediation culture that aligns with global best practices.

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[1] Salem Advocate Bar Assn. V. Union Of India, (2005) 6 SCC 344

[2] Vidya Drolia V. Durga Trading Corporation (2021) 2 SCC 1

WHO PROTECTS THE UNPROTECTED INTERNATIONAL AND INDIA’S DE FACTO LEGAL AND POLITICAL FRAMEWORKS OF REFUGEES THROUGH THE LENS OF HUMAN RIGHTS

AUTHOR – AMIN DHWANI, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY, SILVASSA

BEST CITATION – AMIN DHWANI, WHO PROTECTS THE UNPROTECTED INTERNATIONAL AND INDIA’S DE FACTO LEGAL AND POLITICAL FRAMEWORKS OF REFUGEES THROUGH THE LENS OF HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 919-922, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

“No one puts their children in a boat unless the water is safer than the land.”

The world has been the witness of massive disruption for multiple times. Whenever we scrutinize the tensed events, wars and agonizing incidents of our history, we only see the one side of coin which conveys the winners and losers of the circumstance. But another side of coin shows the loss of humanity, homicide. No one wins or lose the war but war wins over the humanity. To acquire the humanism in modern era one body have set the milestone, UDHR (united declaration of human rights) the declaration ensures the human rights, the rights which are inalienable from humans. Humans have right to life and when this right gets infringe the human flee for the protection, called refugees. The air of animosity among the nations can’t take away the rights of humans and this is what the International convention of 1951 ensures, 1^st International refugee convention. India was “non-signatory” to the convention, despite of not being the member of convention India performs significant legal and political role in the matter of Refugees. This article explores the intersection of international refugee law, human rights frameworks, and India’s de facto approach to refugee protection.

A ROLE OF INTERNATIONAL COMMERCIAL LAW IN FACILITATING FOREIGN DIRECT INVESTMENT: A CRITICAL ANALYSIS

AUTHOR – ADITI SINGH BHATI* & AQUEEDA KHAN**

* STUDENT AT AMITY LAW SCHOOL

** PROFESSOR AT AMITY LAW SCHOOL

BEST CITATION – ADITI SINGH BHATI & AQUEEDA KHAN, A ROLE OF INTERNATIONAL COMMERCIAL LAW IN FACILITATING FOREIGN DIRECT INVESTMENT: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 1027-1041, APIS – 3920 – 0001 & ISSN – 2583-2344

THE CONCEPT OF FOREIGN DIRECT INVESTMENT

3.1          Introduction

Since the liberalisation policy of 1991, India has increasingly focused on policy reforms and is now considered to be one of the most favoured destinations for foreign investment. During the past year, in a bid to enhance India’s global competitiveness by creating a favourable investment climate, the Government of India (central government or DPIIT) has allowed foreign direct investment (FDI) up to 100 per cent under the automatic route in the telecommunications sector2 in line with previous efforts towards relaxing FDI caps in certain sectors, such as defence and insurance, and up to 20 per cent under the automatic route in the Life Insurance Corporation of India (LIC) (see further in Section II.i, below). The government is actively trying to reduce the compliance burden, as evidenced by the soft launch of the National Single Window System (NSWS) and the creation of a simplified governance regime through amendments to the Insolvency and Bankruptcy Code, 2016, such as the introduction of a pre-packed insolvency process.