Category: Volume 5 and Issue 10 of 2025

ENVIRONMENTAL EXCEPTIONS UNDER GATT ARTICLE XX AND CLIMATE CHANGE: SCOPE AND LIMITATIONS

AUTHOR – DIVYANSHU RATHORE* & DR. UJJAWAL SINGH**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA 

** LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – DIVYANSHU RATHORE & DR. UJJAWAL SINGH, ENVIRONMENTAL EXCEPTIONS UNDER GATT ARTICLE XX AND CLIMATE CHANGE: SCOPE AND LIMITATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 255-261, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

International trade and environmental protection have found their nexus in the age of climate change to become more controversial. At the centre of this discussion is Article XX of the General Agreement on Tariffs and Trade (GATT)^[1], which contains general exceptions that allow member states to take measures that would otherwise be contrary to GATT obligations if they are required to safeguard the health or lives of people, animals, or plants, or if they have to do with conserving finite natural resources. This article scrutinizes the reach and boundaries of Article XX in relation to climate change measures, including carbon tariffs, border adjusters, and prohibition on high-carbon goods.

By doctrinal examination of WTO case law, in particular US–Shrimp, US–Gasoline, and EC–Seal Products, the article examines how the meaning assigned to the chapeau and subparagraphs (b) and (g) of Article XX determines the legality of environmental trade restrictions. It also examines whether existing WTO norms sufficiently allow for timely climate imperatives or set overly burdensome procedural and substantive requirements that unnecessarily restrict the regulatory freedom of states.

The article contends that although Article XX provides a prospective legal basis for climate action, it is constrained by strict requirements of necessity, non-discrimination, and good faith. The analysis identifies a lack of clarity, consistency, and reform of the WTO dispute resolution to reflect better the international community’s consensus on environmental protection and sustainable development. Lastly, it provides suggestions for the interpretation and, if necessary, revision of GATT provisions to ensure they are compatible with global climate objectives under the Paris Agreement.

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[1] General Agreement on Tariffs and Trade art. XX, Oct. 30, 1947, 61 Stat. A-11, 55 U.N.T.S. 194.

LEGAL FRAMEWORK OF ONE PERSON COMPANIES: A COMPARATIVE STUDY BETWEEN UK, US, AND SINGAPORE

AUTHOR – JAPNIT KAUR JAGGI, STUDENT AT UTTARANCHAL UNIVERSITY

BEST CITATION – JAPNIT KAUR JAGGI, LEGAL FRAMEWORK OF ONE PERSON COMPANIES: A COMPARATIVE STUDY BETWEEN UK, US, AND SINGAPORE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 263-270, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One Person Companies (OPCs) are a new development in corporate law, allowing one business owner to have business and legal protections. The legal structures overseeing OPCs in the United Kingdom, the United States and Singapore are discussed in this paper. The report provides an examination of how businesses are formed, governed, face liability, apply tax laws and comply with regulations. It points out the common practices and legal situations in every area and studies the effects of those laws on the development of OPCs. By studying approaches from various legal systems, this study hopes to show how encouraging entrepreneurship can be done without forgetting corporate responsibility.

Keywords: One Person Company, OPC, corporate law, UK company law, US LLC, Singapore company law, business incorporation, regulatory compliance, limited liability.

CLIMATE-INDUCED CONFLICTS: THE UN’S LEGAL OBLIGATION TO PREVENT RESOURCE WARS UNDER CHAPTER VII

AUTHOR – RAMAN PANWAR* & DR. RAMAKANT TRIPATHI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA 

** LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RAMAN PANWAR & DR. RAMAKANT TRIPATHI, CLIMATE-INDUCED CONFLICTS: THE UN’S LEGAL OBLIGATION TO PREVENT RESOURCE WARS UNDER CHAPTER VII, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 240-254, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research provides an analysis of the legal obligations placed upon the UN, especially under Chapter VII of the UN Charter, to wrestle with and avert conflicts spawned by climate changes occasioned by resource scarcity. Climate change being the aggravating factor, it is more and more becoming a threat multiplier among existing vulnerabilities resulting in violent confrontations over the shrinking resources of water, arable lands, and mother food. Based on interdisciplinary evidence, including case studies on Darfur, Syria, and the Lake Chad Basin, the study provides strong empirical and legal foundations by way of an interdisciplinary approach to interpret climate-driven instability as a genuine “threat to the peace” under Article 39. Considering the evolutions in Security Council practice, academic and legal literature, and recent advisory proceedings before the International Court of Justice and the International Tribunal for the Law of the Sea, the study advances the idea that environmental degradation is within Security Council discretion for preventive intervention. Even if sorrows and political opposition arise from some states, the Charter language could be flexibly used to lay down binding enforcement measures like sanctions and peacekeeping missions against a climate-sensitive conflict. It concludes that adapting existing legal formulations to contemporary ecological realities is a matter of legal necessity and political expediency and suggests the next steps toward operationalizing climate-security nexus within the UN legal framework. This, in turn, would increase institutional responsibility to take action before escalating environmental stressors transform into armed conflicts.

Keywords: Climate-induced conflict, Resource wars, UN Charter Chapter VII, Article 39, Climate security, Environmental degradation, International peace, security

THE LEGAL ISSUES THAT STARE AT AUGMENTED/ VIRTUAL REALITY

AUTHOR – RUBAN PAUL P & SHRUTHI V

STUDENTS AT THE TAMILNADU Dr. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI – 600 113

BEST CITATION – RUBAN PAUL P & SHRUTHI V, THE LEGAL ISSUES THAT STARE AT AUGMENTED/ VIRTUAL REALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 233-239, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

There is no denying of the impact this revolutionary virtual reality (VR) and augmented reality (AR) technologies are bringing to this world. But with its quick blender in our societies, it gives rise to a multiple of legal issues especially in the area of Indian cyber law. This article discusses few legal issues connected to the Virtual Reality and Augmented Reality, such as intellectual property issues as well as the privacy issues, data security and emerging forms of cybercrime in VR and AR. It examines the interface of these technologies with the already there few legislations in India, such as Copyright Act, 1957 and Information and Technology Act, 2000 and tries to find where it lacks, which might not be appropriate to protect these particular complications of Virtual Reality and Augmented Reality space. The paper also notes for a strict debate on the need for proper regulations to mitigate risks and promote the responsible to the development and use of the Virtual Reality and Augmented Reality in India, ensuring a balance between innovation and the protection of individual rights.

Keywords: Virtual Reality, Augmented Reality, Cyber Law, India, Intellectual Property, Privacy, Cybercrime

WILDLIFE TRAFFICKING : A CRIMINAL LAW PERSPECTIVE

AUTHOR – NEHA GHUGTYAL* & DR. BHAWNA ARORA**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSOCIATE PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – NEHA GHUGTYAL & DR. BHAWNA ARORA, WILDLIFE TRAFFICKING : A CRIMINAL LAW PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 225-232, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Wildlife trafficking has evolved into one of the most lucrative forms of transnational organized crime, posing severe threats to biodiversity, national security, and the rule of law. This study examines wildlife trafficking through the lens of organized crime and criminal law, highlighting the complex, structured networks that facilitate the illegal trade in flora and fauna. By analyzing national and international legal frameworks—including the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the United Nations Convention against Transnational Organized Crime (UNTOC), and domestic penal laws—this research underscores the gaps and limitations in current enforcement mechanisms. The paper also explores how existing criminal law tools, such as asset forfeiture, conspiracy provisions, and anti-money laundering laws, can be leveraged to dismantle criminal syndicates involved in wildlife trafficking. The study concludes with recommendations for strengthening legal responses, enhancing interagency cooperation, and promoting a paradigm shift that treats wildlife trafficking not merely as an environmental offense, but as a serious organized crime demanding robust legal intervention.

INVESTMENT ARBITRATION: A COMPARATIVE STUDY OF CHALLENGES AND PROSPECTS WITH SPECIAL REFERENCE TO INDIA

AUTHOR – MEET BHALLA* & ASST. PROF. SACHIN KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA 

** LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – MEET BHALLA & ASST. PROF. SACHIN KUMAR, INVESTMENT ARBITRATION: A COMPARATIVE STUDY OF CHALLENGES AND PROSPECTS WITH SPECIAL REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 218-224, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

As a main approach for solving disputes between foreign investors and host states, investment arbitration is now prominent under Bilateral Investment Treaties (BITS) and International Investment Agreements (IIAs). Although the system has benefits including impartial status, the enforcement of arbitral decisions and protection for foreign investors, it is now being looked at closely for not being clear, expensive for many, full of delays and inconsistent in certain rulings. Changes in how states and their regulators act have resulted in international changes.

The way India has developed in investment arbitration deserves notice, with many significant disputes and a significant change in approach shown by its Model BIT from 2016. This piece evaluates and compares investment dispute resolution rules in the EU, the US and Latin America, in comparison with ongoing developments in India. The study discusses the issues generated by ISDS, what India did to address them by terminating BITs and seeking new agreements and what this means for its investment climate.

As a result, the paper offers ideas for future actions and proposes steps to align investor support with the country’s needs such as creating strong bilateral treaties, building domestic capacity and increasing transparency. Keywords: Investment Arbitration, Investor- State Dispute Settlement, Bilateral

CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA

AUTHOR – PURVAANSHI SINGH, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – PURVAANSHI SINGH, CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 211-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the constitutional frameworks for emergency powers in three democratic nations: India, the United States, and Canada. Each country’s approach to emergency powers is distinct, shaped by its historical context, legal traditions, and institutional structures. In India, emergency powers are codified in the Constitution, specifically under Articles 352 to 360, which outline the procedures for national, state, and financial emergencies. However, the Indian experience, particularly during the 1975 Emergency, highlights the risks of political misuse when safeguards are weak or overlooked. The United States, on the other hand, lacks explicit constitutional provisions for emergencies, relying on statutory laws like the National Emergencies Act (1976) and the International Emergency Economic Powers Act (1977) to grant broad executive powers. The U.S. model is characterized by flexibility but raises concerns about the concentration of power in the executive branch. Canada’s approach, encapsulated in the Emergencies Act (1988), evolved from the controversial War Measures Act (1914), offering a more structured framework with clear limits, judicial oversight, and parliamentary review. The paper examines how each nation’s emergency powers balance the tension between state security and individual rights, assessing the effectiveness of legal safeguards against the abuse of power. By comparing the constitutional provisions in India, the USA, and Canada, this study provides insights into the challenges and opportunities of maintaining constitutional governance during crises, offering recommendations for future legal reforms.

ENVIRONMENTAL POLICY AND REGULATORY FRAMEWORK

AUTHOR – SHIVIKA DUTT* & ASHOK DOBHAL**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – SHIVIKA DUTT & ASHOK DOBHAL, ENVIRONMENTAL POLICY AND REGULATORY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 201-210, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Environmental policies in India have undergone significant evolution over the years to address the complex challenges posed by rapid industrialization, urbanization, and population growth. This abstract explores the key dimensions of India’s environmental policies, focusing on their development, implementation, and impact. India’s journey in environmental governance began with the establishment of the Ministry of Environment and Forests in 1985, marking a pivotal moment in the nation’s commitment to sustainable development. Over time, a series of legislations, including the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act and the National Environment Policy, have shaped the regulatory framework. Despite commendable strides, challenges persist in enforcement, monitoring and publicawareness.Theabstractdelvesintotheroleofvariousstakeholders,includinggovernment agencies, industries, and civil society, in shaping and influencing environmental policies. It also examines the incorporation of international agreements and technological advancements in India’s approach to environmental conservation. The effectiveness of these policies in mitigating environmental degradation,promotingrenewableenergy, andfosteringbiodiversityconservation is evaluated. By analyzing the strengths and weaknesses of India’s environmental policies, this abstract provides insights into the ongoing efforts to strike a balance between economic growth and ecological sustainability

“JUSTICE AND EQUITY IN INDIAN HIGHER EDUCATION: A CONSTITUTIONAL REFORM AGENDA“

AUTHOR – REENU DIPTA, RESEARCH SCHOLAR, K R MANGALAM UNIVERSITY, SOHANA ROAD, GURUGRAM, HARYANA.

BEST CITATION – REENU DIPTA, “JUSTICE AND EQUITY IN INDIAN HIGHER EDUCATION: A CONSTITUTIONAL REFORM AGENDA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 195-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s higher‑education landscape, though the world’s third largest, remains marred by stark socio‑economic, regional and caste‑based inequities. This article argues that incremental policy tweaks are no longer sufficient; a constitutional overhaul is needed to guarantee justice and equity in access, quality and outcomes. After tracing the historical expansion of universities and examining constitutional provisions that currently stop at elementary education, the paper details persistent gaps in gross‑enrolment ratios, representation of marginalised groups, urban‑rural divides, and the unchecked commercialisation of private institutions. It then proposes constitutional reforms. Anchoring these reforms in the Constitution, the paper contends, would create justiciable obligations that compel the State to act, curtail profiteering, and align national development with the constitutional ideals of equality, justice and fraternity. Drawing on comparative insights from jurisdictions where higher education is constitutionally protected the paper advances a rights‑based blueprint that would elevate higher education to a justiciable entitlement, recalibrate public‑funding obligations, and impose transparent, equity‑centred duties on all providers, public or private. By hard‑wiring enforceable equity benchmarks into the constitutional fabric, India can move beyond enrolment targets toward genuine inclusion, quality improvement and social mobility. Such a recalibration is critical if the country is to leverage its demographic dividend, nurture innovation‑led growth, and realise the constitutional ideals of equality, fraternity and social justice envisioned by the framers.

Keywords : Higher education reform, Constitutional amendment, Equity and inclusion, Fundamental right to education , Educational institutions.

NAVIGATING ENVIRONMENTAL JUSTICE: THE ROLE OF LAW AND COMMUNITY ENGAGEMENT IN PROTECTING VULNERABLE POPULATIONS AND PROMOTING SUSTAINABLE DEVELOPMENT

AUTHOR – SWAPNIL SRIVASTAVA* & NIKUNJ SINGH YADAV**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – SWAPNIL SRIVASTAVA & NIKUNJ SINGH YADAV, NAVIGATING ENVIRONMENTAL JUSTICE: THE ROLE OF LAW AND COMMUNITY ENGAGEMENT IN PROTECTING VULNERABLE POPULATIONS AND PROMOTING SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 186-194, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research explores the critical intersection of environmental justice, legal frameworks, and community engagement in safeguarding vulnerable populations from environmental hazards while promoting sustainable development. It examines how laws at various governance levels serve as tools for protecting marginalized communities from environmental degradation, ensuring equitable access to natural resources, and enabling legal recourse against polluters. Furthermore, the study highlights the vital role that community engagement plays in sustainable development, showcasing how local knowledge, participatory governance, and grassroots advocacy contribute to resilience and equitable resource management. By incorporating interdisciplinary approaches and examining the interplay between policy, social movements, and economic factors, this research reveals how systemic inequalities can be addressed through targeted legal reforms. Through case studies and qualitative analysis, the research aims to identify best practices that empower communities and leverage legal protections to foster a more just and sustainable future. Ultimately, this work underscores the necessity of integrating legal frameworks and community initiatives to address environmental injustices and achieve sustainable development goals, advocating for a collaborative approach that prioritizes the voices and rights of vulnerable populations.

Key Words: Pollution, Marginalised Communities, Environmental Legislation, Sustainable Development