THE ROLE OF CISG AND UNIDROIT PRINCIPLES IN SHAPING GLOBAL TRADE

AUTHOR – MYDRI GOPINATH, LLM SCHOLAR AT DEPARTMENT OF STUDIES IN LAW, UNIVERSITY OF MYSORE, MYSURU

BEST CITATION – MYDRI GOPINATH, THE ROLE OF CISG AND UNIDROIT PRINCIPLES IN SHAPING GLOBAL TRADE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 206-216, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles have played a significant role in harmonizing international trade law, fostering fairness, predictability, and consistency in cross-border transactions. However, both frameworks have critical gaps that hinder their effectiveness. The CISG provides a unified structure for sales contracts but does not address essential issues like contract validity, consideration, or matters of fraud, undue influence, and misrepresentation, which are key to determining enforceability. These gaps cause legal uncertainties, especially when national legal systems conflict. Similarly, while the UNIDROIT Principles offer flexibility and neutrality, they lack clear enforcement guidelines, exacerbating the complexities of international trade. The absence of clear rules on contract fairness, particularly in cases of coercion or misrepresentation, remains a major limitation. This paper proposes the creation of a comprehensive global legal framework that addresses the formation and enforcement of contracts while protecting against fraud and undue influence. Furthermore, establishing a unified dispute resolution mechanism and encouraging collaboration between international organizations like the WTO, UCC, and HCCH would create a more predictable, transparent legal environment. This would reduce uncertainty, simplify international transactions, and promote global economic growth by facilitating smoother cross-border trade.

Keywords: International Contracts, CISG, UNIDROIT Principles, Harmonization of Laws and  Cross-border Trade

THE DIGITAL HANDCUFFS: UNDERSTANDING DIGITAL ARRESTS

AUTHOR – SAHIL KIRAN GOKHALE, LAW ASPIRANT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – SAHIL KIRAN GOKHALE, THE DIGITAL HANDCUFFS: UNDERSTANDING DIGITAL ARRESTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 65-68, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

INTRODUCTION

What exactly does” cyber” mean? If you consult a traditional wordbook like Webster’s, you’ll find a description along the lines of “ relating to or involving computers or computer networks. ” That seems enough straightforward, right? When we suppose of cyber, we frequently imagine the image of a hacker in a hoodie, working down on their laptop, insulated in a dim room. It’s easy to assume that cyber is each about technology. But is it really only about technology? That’s the question worth exploring.

PHILOSOPHIES OF PUNISHMENT AND SENTENCING PRACTICES

AUTHORS – RENGANATHAN. V & KARTHIKEYAN. C, STUDENTS AT SASTRA DEEMED TO BE UNIVERSITY

BEST CITATION – RENGANATHAN. V & KARTHIKEYAN. C, PHILOSOPHIES OF PUNISHMENT AND SENTENCING PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 196-205, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper delves into the intricate interplay between philosophies of punishment, sentencing practices, and emerging global challenges. It explores the evolution of these concepts from historical roots to contemporary applications, with a particular focus on their manifestation in India. The paper examines the core principles of retribution, deterrence, rehabilitation, and incapacitation, and how they are balanced in different legal systems. It also analyses the impact of globalization, technology, and terrorism on criminal justice systems. Additionally, the paper discusses the role of sociology and restorative justice in addressing the root causes of crime and promoting social healing. By examining these issues, the paper aims to contribute to a deeper understanding of the complexities of punishment and sentencing in the 21st century.

Keywords: Philosophical Foundations, Procedural Rights,Sentencing Disparities

CONSTITUTIONAL LAW – NEW CHALLENGES – RIGHT TO EDUCATION

AUTHOR – SIVAGAMI SHANMUGAM, LLM SCHOLAR AT GOVERNMENT LAW COLLEGE, COIMBATORE

BEST CITATION – SIVAGAMI SHANMUGAM, CONSTITUTIONAL LAW – NEW CHALLENGES – RIGHT TO EDUCATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 187-195, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction:

Education is stepping stone of every child’s life.  If the child gets education he or she have own thoughts.  Own thoughts definitely helps for knowledge grooming.  If the man gets education his survival was so easy.  So, every person who are born in world he must have the education.  Education is both the act of teaching knowledge to others and the act of receiving knowledge from someone else.  Education helps for personal growth.  The function of education is to think better.  Education sharpens mind.  In Tamilnadu state, we give more important to education for the children who are bellowed the age of 14.  Because, once the child get the basic education or primary education they know the value of the education and importance.  So automatically they started studying.  But, the sources and field should be created for them.  Education helps to change the society.  This is the main motto of the education.  If we have education it will helps to ours or the society.  If it is change the society purpose of education is ended.  Children are deprived of education for various reasons.  Poverty remains one of the most harmful barrier.  So, that every government take measures for uplifting education for children.  This article paper talks about right to education.  I critically analyse the education right.

POLLUTER PAYS PRINCIPLE: AN EVOLVING PERSPECTIVE IN INDIA

AUTHOR – VAISHNAVI DESHPANDE, STUDENT AT SVKM’S NMIMS, INDORE

BEST CITATION – VAISHNAVI DESHPANDE, THE INTERWOVEN THREADS OF THE TELECOMMUNICATION BILL 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 176-186, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Polluter Pays Principle (PPP), a cornerstone of environmental policy, requires polluters to bear the costs of their environmental footprint. This article investigates the evolving use of PPP, particularly in India, following its evolution from international origins, such as the Trail Smelter arbitration and OECD recommendations, to its formalisation in the Rio Declaration. While PPP is widely recognised, implementation issues exist, particularly in assigning culpability and providing thorough cost coverage. Legislative initiatives such as the Water and Air Acts, as well as judicial activism, as seen in decisions such as M.C. Mehta v. Union of India, have shaped the implementation of PPPs in India. However, enforcement gaps, minimal sanctions, and limited corporate criminal responsibility make it ineffective. The article examines these issues, which include identifying polluters, insufficient incentives for smaller businesses, resource limits, and overexploitation of common pool resources. It also investigates success stories such as Sweden’s carbon price and Germany’s Energiewende, gleaning lessons for India. The essay emphasises the importance of greater enforcement, increased regulatory capacity, targeted financial support, and stronger international cooperation in realising PPP’s promise for promoting environmental sustainability and fair resource usage.

Keywords: Polluter Pay Principle (PPP), Judicial Activism, Environmental Policy, Enforcement Gaps, Sustainability

THE INTERWOVEN THREADS OF THE TELECOMMUNICATION BILL 2023

AUTHOR – K.BOWYADARSHINI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR.

BEST CITATION – K.BOWYADARSHINI, THE INTERWOVEN THREADS OF THE TELECOMMUNICATION BILL 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 171-175, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The Telecommunications Bill of 2023 is a watershed moment in the growth of telecommunications regulation, intending to update frameworks, expedite processes, and accommodate future technology. The bill’s goals include updating and unifying legislation governing the creation, expansion, and operation of telecommunications services and networks, as well as spectrum assignment, in order to stimulate innovation, competition, and investment in the industry. The bill’s contents were created after lengthy discussions and debates to achieve a balance between regulatory freedom and consumer protection, culminating in its adoption into law. The Telecommunications Bill has far-reaching repercussions for different stakeholders as well as the larger economy. The bill intends to boost investor confidence, lower bureaucratic barriers, and promote regulatory clarity, openness, and efficiency.

Furthermore, regulations pertaining to the management of spectrum are set to enhance the allocation process, address issues of scarcity, and facilitate the implementation of cutting-edge technologies. This will promote digital inclusion and spur economic growth. The approval of the Telecommunication Bill of 2023 reiterates a dedication to modernization, innovation, and inclusive development, creating a foundation for revolutionary changes in the telecommunications industry and beyond.

Key Words: Watershed, frameworks, expedite, Technology, spectrum, expansion, operation, Telecommunications, competition.

TRADE MARK DILUTION: PROTECTING THE DISTINCTIVENESS OF BRANDS IN GLOBAL MARKET

AUTHOR – K.BOWYADARSHINI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR.

BEST CITATION – K.BOWYADARSHINI, TRADE MARK DILUTION: PROTECTING THE DISTINCTIVENESS OF BRANDS IN GLOBAL MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 166-170, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

This study explores the topic of trademark dilution in relation to the Intellectual Property (IP) Act, highlighting the significance of safeguarding the uniqueness of well-known trademarks in international trade. Unlike infringement, trademark dilution happens when an iconic mark’s distinctiveness is undermined by unapproved usage, even without direct competition or consumer misunderstanding. The research focuses on two types of dilution: tarnishment, which damages a brand’s reputation by linking it to inappropriate or subpar items, and blurring, which weakens the identification of the mark with its goods or services. This article looks at the IP Act and associated laws, such as the EU Trademark Regulation and the Trademark Dilution Revision Act (TDRA) in the United States, to see how national and international legal frameworks handle the problem of dilution. Furthermore, the text delves into the function of global agreements such as the Madrid Protocol and the Paris Convention in providing a cross-jurisdictional safeguard for trademarks. The dilution issue is constant in the digital age, as cross-border trade is growing quickly, necessitating proactive legal and strategic actions from enterprises. This study emphasizes the significance of careful observation, strategic trademark registration, and enforcement efforts to prevent dilution by examining important legal provisions and case studies under the IP Act. The goal of the study is to shed light on how trademark owners, operating within the legal parameters set by the IP Act, can protect the authenticity, worth, and reputation of their brands in the context of an increasingly international market.

Keywords: Dilution, Infringement, Trademarks, Tranishment, Protocol, Digital, Cross – broader, Trade, Enterprises.

THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21

AUTHOR – RAJ ARVIND SHAH, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – RAJ ARVIND SHAH, THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 61-64, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

The enactment of the Constitution (Eighty-sixth Amendment) Act in 2002 led to the inclusion of Article 21-A in the Constitution of India, which guarantees free and compulsory education for all children between the ages of six and fourteen as a Fundamental Right, subject to the regulations established by the State through law. This amendment made it clear that every child in the age group of 6 to 14 years has the right to receive free education. The inclusion of this provision reflects the Indian state’s commitment to empowering its citizens by providing access to education, irrespective of socio-economic disparities. The Act ensures that no child is denied education based on financial constraints. The RTE Act mandates certain standards for schools, including infrastructure, teacher qualifications, and pupil-teacher ratios, to ensure a quality learning environment. One of the immediate outcomes of the RTE Act has been a significant increase in enrolment rates, especially in rural and marginalized communities.

Key Words: Right to education, Article 21, Article 21A, Constitution (Eighty-sixth Amendment) Act in 2002, Directive Principles of State Policy

CYBER TERRORISM: A THREAT TO NATIONAL SECURITY

AUTHOR – JASHVI DODHIA, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – JASHVI DODHIA, CYBER TERRORISM: A THREAT TO NATIONAL SECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 56-60, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

Information technology has opened doors of opportunity for the world by creating multiple sources for the growth of people’s financial infrastructures. With over 900 million internet users, India was the second largest online market in the world, behind China.^[1] Cyberspace runs in the veins of modern digital transactions, businesses, and other essential services. But where there is power, there will be misuse of power. With the invention of cyberspace, there has also been an increase in cybercrimes. Criminals use many tactics to scam people and extort money from them. There is a lot of unawareness and ignorance among the citizens, due to which people get scammed. The slow process of the executive and judiciary also adds to the cybercrimes every day. One of the most recent types of cybercrime is digital arrest. Due to people’s lack of knowledge and awareness, they think that one can be digitally arrested now and become vulnerable and end up falling into the traps of these criminals. Cyberattacks have the tendency to depict lethal, non-lethal, and psychological well-being of the citizens, public confidence of the government bodies, and political attitudes of the parties. Even terrorist groups use cyberspace to achieve their motives. Cyber terrorism imposes a threat on national security.^[2]

Keywords: Cyber Crime, cyber terrorism, cyber law, Information Technology Act, 2000

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[1] https://www.statista.com/topics/2157/internet-usage-in-india/

[2] Shiv Raman, Nidhi Sharma, Cyber Terrorism in India: A Physical Reality or Virtual Myth, 5, 2, (special issue) IJLHR, 133-135, 2019, https://journals.indexcopernicus.com/api/file/viewByFileId/783266.pdf.

“NAVIGATING THE NEW ERA OF LABOUR SAFETY IN INDIA’S OSHWC CODE, 2020″

AUTHOR – AKSHATA THAKUR & GULISTA ANSARI, STUDENTS AT AMITY UNIVERSITY MUMBAI

BEST CITATION – AKSHATA THAKUR & GULISTA ANSARI, “NAVIGATING THE NEW ERA OF LABOUR SAFETY IN INDIA’S OSHWC CODE, 2020″, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 156-165, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The OSHWC Code, 2020 is an authoritative act regarding safety and health of the people at work places and workers shall. In other words, it aims at advancement of Indian safety and standards, policies, measures which relates to the health and working conditions at the workplace. This paper explores the code’s socio legal impact within the context of issues pertaining to gendered labour relations in the employer-employee lifestyle including stakeholder enforcements, ubiquitous domination, and indifference towards equitable distribution of the provisions restated within the context of imminent amalgamation of thirteen & other related factors.

The OSHWC, Code outlines general duties of employers outlined in section 11 of the code that includes meeting the obligations^[1] of health and safety management systems, work environment, and employment opportunities for women and other vulnerable workers.

The coded provisions of this law did revolutionary impact yet there remains imbalance between sidelined states’ understanding of the law and prevailing level of implementation resources available estimating whether it hinders its multidimensional effect.

Details associated with the study include codification^[2] history, interpretation and balance of both Sections Would be presented in Part II of the paper decoding the struggles faced by the community because of imbalance between India’s rapid transformation period and requirements from global organizations pertaining to Labour practices within the country.

Keywords: Geographical Disparities, Multidimensional Impact, OSHWC Code of 2020, Work environment demographics, Gendered Employment.

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[1] Ramesh Singh v. Larsen & Toubro (2023)

[2] https://dgfasli.gov.in/public/Admin/Cms/AllPdf/OSH_Gazette.pß