CROSS BORDER INSOLVENCY: A COMPARITIVE STUDY OF INDIAN AND INTERNATIONAL REGULATION

AUTHOR – VIDUSHI SANGANERIA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – VIDUSHI SANGANERIA, CROSS BORDER INSOLVENCY: A COMPARITIVE STUDY OF INDIAN AND INTERNATIONAL REGULATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 497-508, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Cross-border insolvency, a critical aspect of modern international law, arises when an insolvent debtor has assets or creditors in multiple jurisdictions. This phenomenon has become increasingly relevant due to globalization, which has fostered interconnected economies and international business operations. The complexity of cross-border insolvency stems from the overlapping legal frameworks of different nations, making it challenging to harmonize insolvency proceedings across borders.

Nationally, countries like India have sought to address this issue through the Insolvency and Bankruptcy Code (IBC), 2016, which includes provisions for bilateral cooperation under Sections 234 and 235. However, the absence of a comprehensive framework for cross-border insolvencies remains a significant gap. Internationally, the UNCITRAL Model Law on Cross-Border Insolvency provides a structured approach for cooperation and recognition of foreign insolvency proceedings, though its adoption varies among nations.

Theories such as territorialism, universalism, and hybrid approaches guide the administration of cross-border insolvencies. While territorialism focuses on applying domestic laws within national boundaries, universalism advocates for a unified global regime. Hybrid models, like modified universalism, aim to balance these perspectives by promoting cooperation among jurisdictions while respecting local policies.

The harmonization of cross-border insolvency laws is essential to ensure efficient resolution processes, protect creditors’ rights, and maximize asset value. As global trade continues to expand, developing robust frameworks that address jurisdictional conflicts and facilitate international cooperation remains imperative for managing the complexities of cross-border insolvency effectively.

KEYWORD: Territorialism, Universalism, UNCITRAL Model law, Harmonization, Insolvency

THE CONSTITUTION OF INDIA – PROTECTION OF WOMEN’S HUMAN RIGHTS ANALYTICAL STUDY

AUTHOR – DR. YEDLA PRABHAKAR, FACULTY OF LAW AT UNIVERSITY COLLEGE OF LAW, KAKATHIYA UNIVERSITY. EMAIL: DRYEDLAPRABHAKAR22@GMAIL.COM

BEST CITATION – DR. YEDLA PRABHAKAR, THE CONSTITUTION OF INDIA – PROTECTION OF WOMEN’S HUMAN RIGHTS ANALYTICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 493-496, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

This abstract examines the foundational role of the Indian Constitution in safeguarding the human rights of women. Recognizing the historical and societal disadvantages faced by women, the Constitution incorporates specific provisions and principles aimed at promoting gender equality and ensuring their dignity. This paper analyzes key articles, including Article 14 (equality before law), Article 15 (prohibition of discrimination), and Article 15(3) (special provisions for women and children), which form the bedrock of women’s rights in India. Furthermore, it explores Directive Principles of State Policy, such as Article 39 (equal pay for equal work) and Article 42 (maternity relief), which guide state action towards women’s empowerment. The abstract will also discuss the impact of fundamental duties, particularly Article 51-A(e), which mandates the renunciation of practices derogatory to women’s dignity. It will highlight significant legislative enactments like the Dowry Prohibition Act, the Protection of Women from Domestic Violence Act, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, demonstrating the state’s commitment to translating constitutional ideals into tangible protections. The 73rd and 74th Constitutional Amendments, ensuring women’s representation in local governance, will also be considered as crucial steps towards their political empowerment.

Keywords: Indian Constitution, Women’s Human Rights, Gender Equality, Non-discrimination, Affirmative Action, Social Justice, Legislative Framework, Empowerment, Fundamental Rights, Directive Principles.

CONSEQUENCES OF FAILURE TO EXERCISE ADMINISTRATIVE DISCRETION: A STUDY IN INDIAN ADMINISTRATIVE LAW

AUTHOR – PRIYANSH AGARWAL, LLM SCHOLAR AT GUJARAT NATIONAL LAW UNIVERSITY

BEST CITATION – PRIYANSH AGARWAL, CONSEQUENCES OF FAILURE TO EXERCISE ADMINISTRATIVE DISCRETION: A STUDY IN INDIAN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 486-492, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

Administrative discretion is an inherent part of governance, enabling authorities to take decisions within the parameters of prevailing laws and policies. It is an important tool for providing flexibility in decision-making, particularly in cases where strict application of rules can result in unfair outcomes. But when discretion is not applied where it is needed, it can lead to administrative paralysis, bureaucratic inefficiency, and legal issues. The Indian judiciary has time and again stressed that discretion cannot be given up in lieu of mechanical enforcement of rules.^[1]

---

^[1] K Jain, ‘The Role of Administrative Discretion in India’ (2016) 62(3) Indian Journal of Public Administration 431.

A COMPARATIVE LEGAL ANALYSIS OF ABOLISHING VERSUS RETAINING THE DEATH PENALTY IN INDIA AND ENGLAND: EFFECTS ON JUSTICE AND HUMAN RIGHTS

AUTHOR – ANSHUMAAN TRIPATHI, STUDENT AT KARNAVATI UNIVERSITY

BEST CITATION – ANSHUMAAN TRIPATHI, A COMPARATIVE LEGAL ANALYSIS OF ABOLISHING VERSUS RETAINING THE DEATH PENALTY IN INDIA AND ENGLAND: EFFECTS ON JUSTICE AND HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 477-485, APIS – 3920 – 0001 & ISSN – 2583-2344

1.1 Evolution of Capital Punishment in Legal Systems

Ancient Legal Codes and Death Penalty Provisions

Capital punishment has existed as a legal institution for thousands of years, with early civilizations implementing death penalties for a wide range of offenses. The earliest recorded legal codes enshrining capital punishment include Hammurabi’s Code, the Draconian laws of ancient Greece, and Roman law.

Hammurabi’s Code (c. 1754 BCE)

One of the first known legal codes, Hammurabi’s Code, was inscribed on a stone stele in ancient Babylon. It is one of the earliest recorded examples of codified laws, heavily reliant on the principle of “lex talionis” or “an eye for an eye, a tooth for a tooth.” The code stipulated death as a penalty for offenses such as murder, robbery, adultery, and false accusations. Unlike modern legal systems, Hammurabi’s laws did not account for extenuating circumstances or intent, often enforcing severe punishments even for minor infractions.

IMPACT OF SHORT-FORM VIDEOS ON BUSINESS OUTCOMES AND SALES PERFORMANCE

AUTHOR – SHRINITHI KRISHNAN R* & DR. S. MARUTHAVIJAYAN**

* STUDENT AT  SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY.

** ASSISTANT PROFESSOR,SCHOOL OF EXECELLENCE IN LAW,THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY.

BEST CITATION – SHRINITHI KRISHNAN R & DR. S. MARUTHAVIJAYAN, IMPACT OF SHORT-FORM VIDEOS ON BUSINESS OUTCOMES AND SALES PERFORMANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 469-476, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

                In the evolving landscape of digital marketing, short-form video content has emerged as a dominant force reshaping how consumers interact with brands and make purchase decisions. Platforms like Instagram Reels, YouTube Shorts, Facebook Reels, and Snapchat Spotlight offer businesses powerful avenues to engage audiences through quick, visually compelling narratives. This study explores the influence of short-form videos on consumer behavior and business performance, focusing on strategies that drive engagement, brand visibility, and sales. Using a quantitative research approach, data was collected via online questionnaires targeting diverse respondents—including consumers, marketers, and business owners. The findings aim to identify which elements of short-form video content—such as influencer marketing, product demonstrations, time-limited offers, and platform optimization—most effectively impact consumer trust and purchasing decisions. Additionally, the research addresses a critical gap in existing literature by examining both consumer and business perspectives, particularly from small to mid-sized enterprises. The results provide

actionable insights for marketers seeking to harness the power of short-form video in a highly competitive digital environment.

KEY WORDS: Short-form video content, Consumer behavior, Digital marketing, Influencer marketing, Brand visibility

INVESTOR PROTECTION LAW: BALANCING RISK AND INNOVATION IN THE SECURITIES MARKET

AUTHOR – KUSHAGRA BHAGWAT* & DR. PARISHKAR SHRESHTH**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT GRADE III AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – KUSHAGRA BHAGWAT & DR. PARISHKAR SHRESHTH, INVESTOR PROTECTION LAW: BALANCING RISK AND INNOVATION IN THE SECURITIES MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 456-468, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian securities market is a fundamental building block for the economic development of the nation, facilitating the mobilisation of resources and the effective utilisation of capital. The rising participation of institutional and retail investors is the result of increased confidence in the Indian financial system. Yet, the smooth operation of this market relies on an elegant balance between safeguarding investor interests and fostering an environment conducive to innovation. The sustained growth of the Indian capital market is inherently linked to the preservation of investor confidence, and therefore security policies need to be enforced effectively. The regulatory framework must address the inherent conflict where over-regulation can dampen market vigor and the introduction of innovative financial products and under-regulation can put investors at unnecessary risk and undermine market integrity.

The authors, through this research paper, seeks to assess the Indian legal framework with respect to investor protection and its delicate interaction with innovation in the securities market. The analysis considers how legislations and regulatory agencies assist in safeguarding investors from scams such as insider trading, malpractices in the market, and deceptive information. It does this by encouraging honesty, good conduct, and well-informed participation in primary and secondary markets. It also examines the constant challenge of balancing protection of investors with promoting new ideas and efficiency in the securities market. This is particularly so with rapidly evolving technology and innovative financial products. By examining rules in depth, enforcement actions taken in their case, and initiatives to develop the market, the study illustrates how critical SEBI is in developing a robust and dynamic capital market. The report identifies that regulations need to change on a periodic basis to respond to new risks.

Keywords: SEBI, Investor protection, Investors, Securities Market, Risk Management, Stock Exchange, Market Manipulation.

A COMPREHENSIVE STUDY OF JEFF BEZOS’ ENTREPRENEURIAL EMPIRE

AUTHOR – DINESH, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI, TAMIL NADU.

BEST CITATION – DINESH, A COMPREHENSIVE STUDY OF JEFF BEZOS’ ENTREPRENEURIAL EMPIRE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 449-455, APIS – 3920 – 0001 & ISSN – 2583-2344

1. ABSTRACT:

This research paper presents a comprehensive analysis of Jeff Bezos’ entrepreneurial empire, exploring the breadth and depth of his business ventures and strategic influence across multiple industries. Utilizing secondary research methods, the study examines key components of Bezos’ empire, including Amazon, Blue Origin, The Washington Post, Bezos Expeditions, and Altos Labs. It also delves into his leadership philosophy, entrepreneurial strategy, philanthropic initiatives, and the controversies that have shaped public perception.

The research highlights Bezos’ commitment to innovation, long-term thinking, and customer obsession as core drivers behind Amazon’s global dominance and the expansion of his empire into media, space, biotech, and philanthropy. At the same time, it critically examines challenges such as labor practices, market monopolization, tax strategies, and wealth inequality.

Keywords: Jeff Bezos, multiple industries, secondary research, amazon, Blue origin, The Washington Post, Bezos Expeditions, Altos Labs, controversies, long-term, expansion

THE ROLE OF INTERNATIONAL TRADE LAWS IN SHAPING GLOBAL BUSINESS PRACTICES

AUTHOR – J.K.NIVETHA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (TNDALU), CHENNAI. EMAIL ID: NIVETHA16164107@GMAIL.COM

BEST CITATION – J.K.NIVETHA, THE ROLE OF INTERNATIONAL TRADE LAWS IN SHAPING GLOBAL BUSINESS PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 444-448, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

International trade regulations have emerged as essential foundations for managing cross-border transactions, creating a structured and secure environment that fosters global commerce. These regulations form the basis of a transparent and predictable international trading system, ensuring that businesses, irrespective of their geographical location, adhere to consistent and mutually recognized standards. Given the complexities of global trade, which involve various countries, cultures, and economic systems, the establishment of such regulations is crucial. International trade laws encompass a broad spectrum of issues, including tariff regulations and intellectual property rights, thereby leveling the playing field for businesses engaged in international trade. This research explores the significant influence of international trade laws on shaping business practices within the global marketplace. By examining critical elements such as legal compliance, business strategy development, and corporate governance, this paper investigates how these laws directly affect decision-making processes in multinational corporations. To remain competitive and compliant, businesses must adapt to these legal frameworks, often evolving their strategies in response to the challenges and opportunities presented by these laws. For instance, trade agreements and international treaties, such as those established by the World Trade Organization (WTO), dictate the rules for dispute resolution, tariff reductions, and trade facilitation, thereby impacting corporate behavior and international collaborations. The research methodology utilized in this study is doctrinal research, which entails a comprehensive analysis of primary legal sources, including international treaties, conventions, and case law. By examining key legal precedents and trade agreements, this paper reveals how legal interpretations and judicial decisions influence corporate strategies and business practices. Furthermore, this study evaluates how businesses utilize these legal frameworks to innovate, adapt to evolving market conditions, and achieve sustainable growth.

Keywords – International Trade Laws; WTO; Trade Agreements; Business Compliance; Globalization; Free Trade.

WOMEN BEHIND BARS: RIGHTS, REFORMS AND REALITIES

AUTHOR – MONIKA PRIYA, RESEARCH SCHOLAR, JRF AWARDEE

BEST CITATION – MONIKA PRIYA, WOMEN BEHIND BARS: RIGHTS, REFORMS AND REALITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 434-443, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper deals with prisoners and especially female prisoner their conditions, reform and realities. In today’s world, prisons are seen more of a centers for reforming criminals and not merely as a means of punishment. In the past few decades, the prison population has increased significantly, leading to numerous challenges such as security concern, inadequate healthcare, poor hygiene and overcrowding. Problems with amelioration are becoming more apparent in the context of female prisoners. The comparative analysis of male and female criminal history, which leads to an unfavorable situation for the female prisoner. Female prisoners often face problems with prison infrastructure and the administrative system that largely ignores their gender-specific needs. How women have adapted the men’s prison as gathering prisons tends to not meet the needs of female prisoners and thus the effect on women in the manner of cannabis. Few international agreements have been ratified in need of urgent improvement like the UN General Assembly adopted the Bangkok Rules in 2011, Nelson Mandela Rules etc. This paper is all about the nature of problem faced by women residing in jail, to examine various laws and convention that protects the rights of women prisoners. The role of judiciary and various apex court of countries.

A COMPARATIVE ANALYSIS OF EMERGENCY PROVISIONS IN INDIA, USA, UK

AUTHOR – LAKSHAY TEOTIA, ASSISTANT PROFESSOR AT AMITY UNIVERSITY NOIDA

BEST CITATION – LAKSHAY TEOTIA, A COMPARATIVE ANALYSIS OF EMERGENCY PROVISIONS IN INDIA, USA, UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 427-433, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

An emergency provision is considered as a constitutional provision in India that allow the resident to take certain extraordinary action during times of emergency. The emergency provisions are a vital element of governance, enabling states to act decisively and efficiently in response to crises. This comparative analysis examines how India, the UK, and USA deal with emergencies within their constitutional and legal frameworks.

In India, the Constitution explicitly outlines three categories of emergencies: National Emergency and state emergency. Each is triggered by specific circumstances – like external aggression, internal disturbances, or financial instability – and grants substantial authority to the central government to ensure national integrity and stability.

UK, in contrast, doesn’t have a codified constitution. Emergency powers are primarily governed by the Civil Contingencies Act 2004, which provides a legal structure for dealing with major emergencies. The Act enables the government to take necessary action while maintaining accountability through parliamentary review, offering a more adaptable approach to crisis management.

In the United States, the Constitution does not specifically provide for emergency powers. Instead, such powers are exercised through statutory provisions, notably the National Emergencies Act of 1976. Although the Act mandates periodic reporting to Congress and includes provisions for legislative oversight, in practice, these checks are seldom exercised.

By comparing these three systems, it becomes evident that each reflects its unique constitutional makeup and historical experience. While India provides a detailed constitutional scheme for emergencies, the UK emphasizes legal flexibility, and the USA relies on statutory delegation and executive discretion. Despite these differences, all three systems aim to strike a balance between enabling effective crisis response and preserving democratic accountability.

Key words: Emergency Provisions, India, USA, UK