THE MYTH OF A UNIVERSAL REFUGEE REGIME: A COMPARATIVE ANALYSIS OF FRAGMENTATION IN GLOBAL REFUGEE PROTECTION

AUTHOR – YASH PRAKASH* & DR. RAJIV BHARTIYA**

* LLM, ICFAI UNIVERSITY, DEHRADUN.

** ASSISTANT PROFESSOR, DEPARTMENT OF LAW, ICFAI UNIVERSITY, DEHRADUN.

BEST CITATION – YASH PRAKASH & DR. RAJIV BHARTIYA, THE MYTH OF A UNIVERSAL REFUGEE REGIME: A COMPARATIVE ANALYSIS OF FRAGMENTATION IN GLOBAL REFUGEE PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 382-396, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The international refugee protection system is often described as a universal legal framework built on the 1951 Refugee Convention and its 1967 Protocol.^[1] This paper challenges that assumption, arguing that this sense of universality is more apparent than real.^[2] By comparing refugee protection practices across Europe, Africa, the Middle East, and Asia, the study shows that the global refugee system is highly fragmented, with significant differences in how protection is provided in different regions.^[3] Although the legal norms may appear consistent, their actual implementation is shaped by political priorities, economic capacity, and institutional strength, leading to uneven and often inconsistent outcomes for refugees.^[4] The paper ultimately argues that, rather than functioning as a single, coherent regime, the current system operates as a set of regionally distinct frameworks—highlighting the need to rethink how global refugee governance is understood and structured.^[5]

---

^[1] Convention Relating to the Status of Refugees, July 28, 1951, 189 U.N.T.S. 137; Protocol Relating to the Status of Refugees, Jan. 31, 1967, 606 U.N.T.S. 267.

^[2] B.S. Chimni, The Geopolitics of Refugee Studies: A View from the South, 11 J. Refugee Stud. 350, 351–52 (1998).

^[3] Alexander Betts, Survival Migration: Failed Governance and the Crisis of Displacement 23–27 (2013).

^[4] James C. Hathaway, The Rights of Refugees Under International Law 3–10 (2d ed. 2021).

^[5] Gil Loescher, Alexander Betts & James Milner, The United Nations High Commissioner for Refugees (UNHCR): The Politics and Practice of Refugee Protection into the Twenty-First Century 70–75 (2008).

“ROLE OF COMMITTEE OF CREDITORS (COC): COMMERCIAL WISDOM VS JUDICIAL REVIEW”

AUTHOR – NITI NANCY, L.L.M. STUDENT, CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – NITI NANCY, “ROLE OF COMMITTEE OF CREDITORS (COC): COMMERCIAL WISDOM VS JUDICIAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 376-381, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Committee of Creditors (CoC) is established as the key decision-making authority in the Corporate Insolvency Resolution Process (CIRP) in the Insolvency and Bankruptcy Code, 2016 (IBC). The commercial wisdom doctrine gives the CoC broad powers to accept or to refuse a resolution plan, restricting judicial review of such matters by establishing authorities like National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT). Nonetheless, it becomes problematic when such freedom interferes with values of fairness, transparency, and protection of stakeholders. Although courts give deference to the commercial judgments of the CoC, it has in some cases intervened to make sure that its commercial judgments do not override the statutory requirements and to avoid arbitrariness. The paper discusses how the jurisprudence on the balance between CoC commercial wisdom and the limits of the judicial review has been shifting by considering the landmark cases and their consequences within the resolution of insolvency. It claims that there ought to be the balanced approach to ensure both efficiency and accountability in the IBC framework.

EMERGENCY ARBITRATION IN INDIA: LEGAL RECOGNITION AND PRACTICAL CHALLENGES

AUTHOR – NITI NANCY, L.L.M. STUDENT, CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – NITI NANCY,EMERGENCY ARBITRATION IN INDIA: LEGAL RECOGNITION AND PRACTICAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 369-375, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Emergency arbitration has become a vital practice in the modern dispute resolution process; parties are allowed to seek immediate interim redress in presence of the constitution of arbitral tribunal. The concept has become more and more relevant in India in connection with the rise of institutional arbitration and international business deals. Even though the current state of affairs with emergency arbitrators under the Arbitration and Conciliation Act, 1996 does not yet explicitly acknowledge it, there has been a gradual recognition of emergency awards as a result of judicial practice, especially since the 2015 and 2019 amendments. Cases accepted as landmark, like the Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. cases have stated that emergency arbitrator orders are enforceable in some situations. Nevertheless, there are the more practical difficulties like the feasibility questions, absence of statutory details and discrepancies in judicial understanding. This paper critically analyses the legal status of emergency arbitration in India and points out at the procedural and institutional challenges, which still hinder its successful introduction.

CORPORATE GOVERNANCE AND SECURITIES LAW: EVALUATING DISCLOSURE NORMS IN LISTED COMPANIES

AUTHOR – NITI NANCY, L.L.M. STUDENT, CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – NITI NANCY, CORPORATE GOVERNANCE AND SECURITIES LAW: EVALUATING DISCLOSURE NORMS IN LISTED COMPANIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 362-368, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the contemporary financial markets, regulations on securities and corporate governance have an important role to play in promoting transparency, accountability and investor protection. Framed by disclosure requirements (including, e.g., the SEBI (Listing Obligations and Disclosure Requirements) 2015, disclosure norms play a key role in ensuring market integrity and informed decision-making. The following paper will discuss the effectiveness of listed company disclosure requirements in India particularly in terms of adequate disclosure requirements, their enforcement and practical difficulties. It assesses the use of the current norms in light of the issues, including; information asymmetry, insider trading, and corporate mismanagement. Judicial interpretation and regulatory intervention by Securities and Exchange Board of India are also discussed in the study. The paper highlights the necessity of more effective monitoring mechanisms and more corporate responsibility by finding the gaps on compliance and enforcement. Finally, it even claims that strong disclosure norms cannot be neglected in promoting investor confidence and the sustainable practice of corporate governance.

STRUCTURING CROSS-BORDER M&A TRANSACTIONS TO NAVIGATE INDIAN REGULATORY BARRIERS: A LEGAL PERSPECTIVE

AUTHOR – CHIRAG YADAV* & DR. SUSANTA SHADANGI**

* STUDENT AT ICFAI UNIVERSITY, DEHRADUN

** ASSOCIATE PROFESSOR AT ICFAI UNIVERSITY, DEHRADUN

BEST CITATION – CHIRAG YADAV & DR. SUSANTA SHADANGI, STRUCTURING CROSS-BORDER M&A TRANSACTIONS TO NAVIGATE INDIAN REGULATORY BARRIERS: A LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 348-361, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Cross-border mergers and acquisitions (M&A) represent one of the most complex categories of corporate transactions, particularly when they involve India as either the acquirer or the target jurisdiction. The Indian regulatory ecosystem governing such transactions is layered and multidimensional, encompassing foreign exchange controls under the Foreign Exchange Management Act, 1999, competition law clearances under the Competition Act, 2002, securities law requirements under the SEBI Takeover Code, and a wide array of sector-specific approvals. This paper undertakes a systematic legal analysis of the principal regulatory barriers confronted by foreign investors in cross-border M&A transactions involving India. It further proposes a set of structuring strategies  ranging from careful entity selection and phased investment approaches to creative use of joint ventures, asset acquisitions, and scheme-of-arrangement mechanisms  that can meaningfully reduce regulatory friction. The paper concludes with an assessment of emerging trends, including the competition law overhaul introduced by the Competition Amendment Act, 2023, proposed SEBI reforms to streamline scheme approvals, and the strategic opportunities opening up through India’s National Monetization Pipeline and Production Linked Incentive schemes. The analysis proceeds from the conviction that regulatory barriers, while real, are rarely insurmountable  and that a legally informed, proactively structured transaction stands a considerably better chance of achieving its commercial objectives.

Keywords: Cross-border M&A, Foreign Exchange Management Act, Competition Act, SEBI Takeover Code, FDI policy, deal structuring, joint ventures, competition clearance.

ISSUES IN CYBER FORENSICS IN INDIA

AUTHOR – MANSI SINGH, STUDENTS AT AMITY UNIVERSITY, LUCKNOW CAMPUS

BEST CITATION – MANSI SINGH, ISSUES IN CYBER FORENSICS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 336-347, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Cyber forensics, also known as digital forensics, is a critical field in modern criminal investigations, especially in the context of rapidly increasing cybercrime. It involves the systematic process of identifying, collecting, preserving, examine and presenting digital evidence from electronic devices such as computers, mobile phones and networks. In India, the expansion of internet access,  widespread use of  smartphones and  growth  of digital payment systems have  significantly  increased the number and complexity  of cybercrimes, including online fraud, identity theft, hacking and ransomware attacks.

Cyber forensics has become essential for law enforcement agencies to trace cybercriminals and ensure that digital evidence is admissible in courts. However, despite its importance, the field faces several serious challenges in India. The primary issues is the inadequacy of existing legal frameworks, which often struggle to keep pace with rapidly evolving technologies and sophisticated cyber threats. There is a shortage of trained cyber forensic professionals, which limits the efficiency and effectiveness of investigations.

Keywords: Cyber Forensics, Digital Evidence, Cybercrime, India, Legal Challenges, Data Privacy, Investigation

THE ROLE OF ARTIFICIAL INTELLIGENCE IN STRENGTHENING CYBER LAW ENFORCEMENT IN INDIA

AUTHOR – AKASHKUMAR.M* & KIRUBA SHARMILA**

* STUDENT AT VISTAS

** PROFESSOR AT VISTAS

BEST CITATION – AKASHKUMAR.M & KIRUBA SHARMILA, THE ROLE OF ARTIFICIAL INTELLIGENCE IN STRENGTHENING CYBER LAW ENFORCEMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I633

Introduction

The rapid advancement of digital technologies has brought about a revolutionary transformation in the way societies function. From online banking and e-commerce to digital governance and virtual communication, the integration of technology into everyday life has created a highly interconnected global environment. While these developments have enhanced efficiency and accessibility, they have also led to the emergence of cyber crime as a significant threat in the modern era.

Cyber crime refers to illegal activities carried out using computers, digital devices, and networks. These crimes include hacking, identity theft, phishing, cyberstalking, financial fraud, ransomware attacks, and cyber terrorism. The increasing reliance on digital infrastructure has made individuals, organizations, and governments vulnerable to such threats. Traditional law enforcement methods often struggle to keep pace with the dynamic and complex nature of cyber crimes.

Artificial Intelligence (AI) has emerged as a transformative technology capable of addressing these challenges. By enabling machines to analyze vast amounts of data, identify patterns, and make decisions, AI has become a powerful tool in enhancing cyber law enforcement. In India, where digitalization is rapidly expanding through initiatives such as Digital India, the integration of AI into cyber security and legal enforcement mechanisms is of critical importance.

This research paper aims to examine the role of artificial intelligence in strengthening cyber law enforcement in India. It explores the concept and evolution of AI, its applications in cyber security, the existing legal framework, judicial perspectives, challenges, and necessary reforms. The study highlights how AI can contribute to building a secure and resilient digital ecosystem.

CYBERCRIME AND SECURITY CHALLENGES IN INDIA; A CRITICAL LEGAL ANALYSIS

AUTHOR – SHWETANK SINGH* & DR. ANUPRIYA YADAV**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SHWETANK SINGH & DR. ANUPRIYA YADAV, CYBERCRIME AND SECURITY CHALLENGES IN INDIA; A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 290-300, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The digital revolution has fundamentally transformed India, positioning it among the largest internet user bases in the world. While digital connectivity has catalysed economic growth, social interaction, and governance efficiency, it has simultaneously created an expanded attack surface for cybercriminals. The rapid adoption of online platforms, digital payment systems, cloud storage, and emerging technologies such as artificial intelligence and deepfakes has heightened the risks of cybercrime, exposing individuals, businesses, and critical infrastructure to sophisticated cyber threats. This research paper undertakes a critical analysis of cybercrime in India, examining its evolution, typologies, and contemporary trends. Employing a doctrinal methodology, the study explores the legal and institutional frameworks designed to address cyber threats, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and relevant provisions of the Indian Penal Code. It evaluates the effectiveness of these laws in criminalizing cyber offences, regulating intermediaries, and providing mechanisms for investigation, adjudication, and redressal. The paper identifies persistent challenges in the Indian cybersecurity ecosystem, such as jurisdictional complexities in cross-border cybercrime, evidentiary difficulties in digital investigations, inadequate law enforcement capacity, and tensions between encryption and lawful access. Moreover, it highlights accountability gaps in intermediary liability, limited digital literacy among citizens, and evolving threats that outpace current legislative provisions. Institutional responses, including initiatives by CERT-In, NCIIPC, and I4C, are critically examined, emphasizing the need for capacity building, coordination, and proactive threat mitigation. Based on this analysis, the study proposes a set of reforms aimed at strengthening India’s cybercrime response and cybersecurity posture. Recommendations include legislative updates to address emerging technologies, enhanced enforcement and investigative mechanisms, improved public-private partnerships, citizen awareness programs, and greater international cooperation. The paper argues that only a holistic approach, integrating legal, technical, and institutional measures, can ensure a secure digital environment while upholding privacy, accountability, and the rule of law.

Keywords : Cybercrime, cybersecurity, Information Technology Act, digital security, India, legal challenges

CHALLENGES IN IMPLEMENTING WELFARE SCHEMES FOR PLATFORM WORKERS: A CRITICAL ANALYSIS

AUTHOR – THILAK R, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – THILAK R, CHALLENGES IN IMPLEMENTING WELFARE SCHEMES FOR PLATFORM WORKERS: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 278-289, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rise of platform-based work has fundamentally altered the employment landscape across the world, and India is no exception. Millions of individuals today earn their livelihoods through digital platforms—driving cabs, delivering food, providing home services, and completing micro-tasks—operating in an economic space that sits uneasily between formal employment and self-employment. While the Code on Social Security, 2020 has taken the significant step of recognizing platform workers as a distinct legal category deserving welfare protection, translating this recognition into operational welfare schemes has proven enormously difficult. The challenges are not merely administrative—they are structural, legal, financial, technological, and political. This article examines these challenges in detail, arguing that without a fundamental rethinking of how welfare schemes are designed, funded, and delivered for platform workers, the promise of the Code will remain precisely that—a promise. Drawing upon the Code’s provisions, emerging state-level initiatives, international comparisons, and the ground realities faced by platform workers, this article maps the terrain of implementation challenges and proposes practical pathways toward meaningful welfare delivery.

Keywords: Platform Workers, Welfare Schemes, Social Security Code 2020, Section 114, Implementation Challenges, Aggregators, Gig Economy, Labour Law Reform, Portability, Enforcement

HARMONIZING GENDER JUSTICE AND TRIBAL AUTONOMY: ADOPTING THE “LIVING CUSTOMARY LAW” DOCTRINE IN INDIA

AUTHOR – LIVI RIBA* & MS. SONAKSHI VARSHNEY**

* STUDENT AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR OF LAWAT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – LIVI RIBA & MS. SONAKSHI VARSHNEY, HARMONIZING GENDER JUSTICE AND TRIBAL AUTONOMY: ADOPTING THE “LIVING CUSTOMARY LAW” DOCTRINE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 134-145, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The constitutional structure of India is one which has just ensured gender equality and at the same time, the Indian constitution has provided a means of preserving the culture of the tribal groups as two imperatives that have long been considered as being mutually hostile. This is because, as argued in this paper, this perceived antagonism is unnecessary jurisprudentially and politically avoidable. This paper suggests a reformulation of the concept of the Living Customary Law doctrine as a principled approach to the Indian legal system by critically addressing it in the context of the South African constitutional jurisprudence which has formulated it in the most robust manner. The doctrine of Living Customary Law, as opposed to the traditional codification of tribal custom or blanket constitutional override, acknowledges the customary law as an organic, community-based system of norms that can internally evolve. This paper discusses the constitutional architecture of the Articles 13, 14, 15, 21, 244 and 342 of the Constitution of India, the Fifth and Sixth Schedules, the Panchayats (Extension to Scheduled Areas) Act 1996, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2 New conceptual instruments such as a proposed Triadic Validity Test and a model of adjudicatory embedded in the community are provided to implement this doctrine in the Indian context.

Keywords: Living Customary Law, Tribal Autonomy, Gender Justice, Scheduled Tribes, Constitutional Law, Fifth Schedule, Sixth Schedule, PESA, Article 13, Customary Practices