Category: Volume 5 and Issue 5 of 2025

LEGAL INSTRUMENTS GOVERNING TECHNOLOGY TRANSFER FOR CLIMATE CHANGE MITIGATION

AUTHOR- PROF. (DR.) MANJU ARORA RELAN* & BRIJESH KUMAR SAINI**

* LC-1, FACULTY OF LAW, UNIVERSITY OF DELHI

** RESEARCH SCHOLAR, FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – PROF. (DR.) MANJU ARORA RELAN* & BRIJESH KUMAR SAINI, LEGAL INSTRUMENTS GOVERNING TECHNOLOGY TRANSFER FOR CLIMATE CHANGE MITIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 767-776, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The intensifying phenomenon of global climate change poses an unprecedented threat to ecological stability, economic development, and human survival. This article critically examines the multifaceted implications of climate change while exploring comprehensive mitigation strategies through a techno-legal lens. The research identifies and analyses significant gaps in the existing international legal framework governing climate action and evaluates the efficacy of institutional mechanisms such as the UNFCCC, Kyoto Protocol, and Paris Agreement. By juxtaposing legal inadequacies with technological advancements—like Artificial Intelligence, blockchain, remote sensing, and carbon capture techniques—the study underscores the transformative potential of emerging technologies in addressing climate-related challenges. The article further explores national climate legislations, particularly India’s evolving legal stance, proposing the integration of the Latin maxim “Ubi jus, ibi remedium” to ensure enforceable remedies for climate grievances. Through doctrinal research, comparative legal analysis, and reference to recent IPCC and UNEP reports, the study advocates for a reformed, inclusive, and technology-enabled climate governance model that balances legal accountability with innovation. Ultimately, it calls for a paradigm shift in climate jurisprudence to secure a sustainable and resilient future for all.

SECURITIES SCAM: GENESIS, MECHANISM AND IMPACT

AUTHOR – MANSI SRIVASTAVA*, LOKESH MISHRA** & DR AMIT DHALL***,

*STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

**LEGAL RESEARCHER, INDEPENDENT AUTHOR

*** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

BEST CITATION – MANSI SRIVASTAVA, LOKESH MISHRA & DR AMIT DHALL, SECURITIES SCAM: GENESIS, MECHANISM AND IMPACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 757-766, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In April 1992, the first press report appeared indicating that there was a shortfall in the Government Securities held by the State Bank of India. In a little over a month, investigations revealed that this was just the tip of an iceberg which came to be called the securities scam, involving misappropriation of funds to the tune of over Rs. 3500 crores ( about $ 1.2 billion). In an ever expanding ambit, the scam has engulfed top executives of large nationalized banks, foreign banks and financial institutions, brokers, bureaucrats and politicians. The functioning of the money market and the stock market has been thrown in disarray. The scam has generated such immense public interest that it has become a permanent feature on the front pages of newspapers. A large number of agencies, namely, the Reserve Bank of India (RBI), the Central Bureau of Investigation (CBI), the Income Tax Department, the Directorate of Enforcement and the Joint Parliamentary Committee (JPC) are currently investigating various aspects of the scam.

CARTELIZATION IN THE INDIAN ECONOMY: AN EMPIRICAL AND LEGAL PERSPECTIVE

AUTHOR – NOOREEN FATMA* & DR. TARU MISHRA**

* STUDENT OF AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – NOOREEN FATMA & DR. TARU MISHRA, CARTELIZATION IN THE INDIAN ECONOMY: AN EMPIRICAL AND LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 751-756, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the main problems facing the Indian economy is cartelisation, which goes against the fundamental principles of the Competition Law of 2002, which was passed with the intention of guaranteeing both consumer welfare and competitive practices. With the emergence of privatization and globalization that arose in the nineties in India, a realization was triggered that the existing Monopolistic and Restrictive Trade Practices Act, 1969 (“MRTP Act”) was not equipped adequately enough to tackle the competition aspect of the Indian economy. Three essential factors establish existence of a cartel, namely agreement by way of concerted action suggesting conspiracy; fixing of prices; and the intent to gain a monopoly or restrict/eliminate competition. There is a very thin (and blurred line) of distinction between legitimate co-operation and illegitimate collusion. Collusive price manipulation by rivals is the most important component of cartelisation behaviour. Cartelisation is one of the horizontal agreements that shall be presumed to have appreciable adverse effect on competition under Section 3 of the Act.

Keyword:  Cartelisation,  Competition Act 2002, Consumer welfare, Anti-competitive practices, Horizontal agreements, Appreciable Adverse Effect on Competition (AAEC), Price-fixing, Collusion, Monopolistic behavior

THE ROLE OF ARTIFICIAL INTELLIGENCE IN COMBATING CYBERCRIME: LEGAL AND ETHICAL IMPLICATIONS

AUTHOR – SHAURYA KRISHNAN, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – SHAURYA KRISHNAN, THE ROLE OF ARTIFICIAL INTELLIGENCE IN COMBATING CYBERCRIME: LEGAL AND ETHICAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 729-750, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) has become a game-changer in the fight against cybercrime, bringing powerful tools to detect threats, predict criminal behavior, and respond to incidents swiftly. Its ability to analyze vast datasets and identify patterns has revolutionized cybersecurity, making it a cornerstone of modern defense strategies. Yet, as AI becomes more embedded in these efforts, it introduces complex legal and ethical challenges. Issues like data privacy, biased algorithms, and unclear accountability threaten to undermine its benefits. This paper dives into AI’s role in tackling cyber threats, exploring how it’s reshaping cybersecurity practices while scrutinizing the legal frameworks that regulate its use. It also grapples with the ethical dilemmas that arise when AI is deployed to protect digital spaces, such as the risk of infringing on personal freedoms or perpetuating systemic biases. By examining real-world case studies and recent trends, the paper showcases practical examples of AI in action—whether it’s thwarting ransomware attacks or enhancing law enforcement’s predictive capabilities. These cases reveal both the promise and the pitfalls of AI-driven solutions. For instance, predictive policing tools can help authorities anticipate crimes but may unfairly target certain communities if not carefully designed. Similarly, AI systems that monitor network traffic for threats can safeguard organizations but might collect sensitive user data without clear consent. The paper also delves into the patchwork of laws governing AI in cybersecurity, from data protection regulations like GDPR to emerging standards for algorithmic transparency. It argues that current legal frameworks often lag behind technological advancements, leaving gaps in oversight and enforcement. Ethically, the use of AI raises tough questions: How do we ensure fairness in automated decisions? Who is responsible when an AI system fails or causes harm? To address these challenges, the paper proposes a set of policy recommendations aimed at harmonizing innovation with accountability. These include developing clearer regulations for AI use in cybersecurity, mandating transparency in algorithmic processes, and fostering collaboration between governments, tech companies, and civil society to create ethical guidelines. It also calls for regular audits of AI systems to detect and correct biases, alongside public awareness campaigns to build trust in these technologies. By weaving together insights from technology, law, and ethics, the paper offers a holistic view of AI’s role in combating cybercrime. It acknowledges the transformative potential of AI to secure digital environments but cautions against unchecked deployment. The findings emphasize that without robust regulations and ethical guardrails, AI could inadvertently exacerbate the very problems it seeks to solve. To ensure AI remains a force for good in cybersecurity, policymakers, developers, and stakeholders must work together to address its challenges head-on. This means prioritizing user privacy, promoting fairness, and establishing clear lines of accountability. Ultimately, the paper advocates for a balanced approach that leverages AI’s capabilities while safeguarding the values of justice and equity in an increasingly connected world. The path forward lies in thoughtful regulation, continuous oversight, and a commitment to ethical principles that keep pace with technological progress.

Keywords: Artificial Intelligence, Cybercrime, Cybersecurity, Data Privacy, Algorithmic Bias, Ethical AI, Legal Frameworks, Predictive Policing.

INTRODUCTION TO COUNTERTRADE PRACTICES WITH SPECIAL REFERENCE TO INDIA

AUTHOR – NEHAA C S* & DR. S MARUTHAVIJAYAN**

* STUDEN AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – NEHAA C S, INTRODUCTION TO COUNTERTRADE PRACTICES WITH SPECIAL REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 725-728, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

International trade is partly dependent on countertrade, an extensive range of foreign trade practice in which commodities and services are traded for other commodities and services, not money, especially when there are strict financial mechanisms or foreign exchange. Countertrade principles are discussed herein, along with its forms, including buy-back arrangements, offsetting arrangements, counter-purchases, and barter. In this essay, the application of countertrade arrangements to resolve foreign exchange issues, obtaining advanced technology, and obtaining diplomatic and business relations with trade nations globally is discussed, the emphasis being placed on India. Countertrade possesses a number of strengths, such as market diversification and retention of foreign cash, but conversely, there are a number of weaknesses, including complicated rules and vulnerability to dependence on a single country

CURRENT TRENDS AND PRACTICES IN ESG IN BANKING SECTOR

AUTHOR –VIKRAM CHAUHAN* & DR. AMIT DHALL**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA

** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA

BEST CITATION – VIKRAM CHAUHAN & DR. AMIT DHALL, CURRENT TRENDS AND PRACTICES IN ESG IN BANKING SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 715-724, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The banking sector is increasingly embracing Environmental, Social, and Governance (ESG) principles as a core part of its operations and decision-making. Recent trends show that financial institutions are integrating ESG criteria into lending, investment strategies, and risk management frameworks. Banks are not only financing green and sustainable projects but also enhancing transparency through detailed ESG disclosures. There is a growing emphasis on responsible banking practices, such as supporting inclusive growth, reducing carbon footprints, promoting workplace diversity, and aligning with international sustainability standards. Technological advancements, regulatory pressures, and rising stakeholder expectations are also driving banks to adopt innovative ESG tools and reporting mechanisms. These evolving practices reflect the sector’s shift toward long-term value creation and ethical governance.

CODE ON SOCIAL SECURITY, 2020 – A CRITICAL STUDY

AUTHOR – KSHITI JAIN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – KSHITI JAIN, CODE ON SOCIAL SECURITY, 2020 – A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 696-703, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The way we work, live, and engage with one another has changed dramatically with the arrival of the digital age. The social security sector, which has historically been regulated by a combination of legal frameworks, administrative procedures, and social norms, is one of the most significant effects of this age. 2020 was a turning point in this evolution, with the world attempting to deal with the unprecedented challenges brought on by the COVID-19 epidemic. The goal of this study paper, “Code on Social Security, 2020 – A Critical Study,” is to examine the complex interrelationship between social security and technology, with a particular emphasis on 2020 as a turning point.

A COMPREHENSIVE LEGAL ANALYSIS OF GROUP INSOLVENCY: NAVIGATING THE COMPLEXITIES OF CORPORATE DISTRESS IN INTERCONNECTED ENTITIES

AUTHOR – ADITYA KUMAR SINHA* & DR. PARISHKAR SHRESHTH**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

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

BEST CITATION – ADITYA KUMAR SINHA & DR. PARISHKAR SHRESHTH, A COMPREHENSIVE LEGAL ANALYSIS OF GROUP INSOLVENCY: NAVIGATING THE COMPLEXITIES OF CORPORATE DISTRESS IN INTERCONNECTED ENTITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 675-684, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The increasing prevalence of corporate groups and their intricate web of interdependencies presents unique challenges for insolvency law. This paper undertakes a comprehensive legal analysis of group insolvency, delving into the complexities arising from the financial distress of interconnected entities. It examines the limitations of traditional entity-centric insolvency frameworks in addressing the systemic risks and contagion effects inherent in group structures.

This analysis explores various legal approaches to group insolvency, including procedural coordination, substantive consolidation, and modified universalism, evaluating their effectiveness in balancing the interests of diverse stakeholders – including creditors, shareholders, employees, and the wider economy. The paper critically assesses the legal and practical hurdles associated with each approach, considering issues such as jurisdictional conflicts, the treatment of intercompany claims, the preservation of enterprise value, and the fair distribution of assets. Furthermore, this research investigates emerging trends and potential reforms in group insolvency law across different jurisdictions. It analyzes legislative developments, judicial pronouncements, and evolving best practices aimed at providing more coherent and efficient mechanisms for resolving the insolvency of corporate groups. By synthesizing existing legal frameworks and identifying areas for improvement, this paper contributes to a deeper understanding of the legal complexities surrounding group insolvency and offers insights for policymakers, practitioners, and academics seeking to navigate the intricate landscape of corporate distress in interconnected entities.

KEYWORDS – Group Insolvency, legal frameworks, stakeholders, judicial precedents

THE BAR AND THE BENCH VS. THE MARKET: BRIDGING THE GAP BETWEEN PROFESSIONAL REGULATION AND CONSUMER PROTECTION

AUTHOR – PRIYANI SHUKLA & HARNISH MEHTA
STUDENTS AT KES’ SHRI JAYANTILAL H. PATEL LAW COLLEGE, UNIVERSITY OF MUMBAI

BEST CITATION – PRIYANI SHUKLA & HARNISH MEHTA, THE BAR AND THE BENCH VS. THE MARKET: BRIDGING THE GAP BETWEEN PROFESSIONAL REGULATION AND CONSUMER PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 661-674, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The jurisprudential dialectic surrounding the subjection of legal services to consumer protection laws has precipitated an intricate legal conundrum in India, necessitating a re-examination of entrenched doctrinal constructs. The legal profession, long insulated within the statutory confines of the Advocates Act, 1961, is governed by the Bar Council of India (BCI)—a sentinel of professional ethics and judicial propriety. However, the advent of the Consumer Protection Act, 2019, designed to shield consumers from exploitative practices and deficient services, has ignited a formidable debate: should clients who remunerate legal practitioners be vested with the rights and remedies accorded to consumers, or does the sacrosanct status of advocates as officers of the court warrant continued exemption from commercial scrutiny?

This scholarly interrogation delves into the ontological and teleological dimensions of this legal impasse, dissecting the nuanced interplay between legal services and the statutory definition of “service” under the Consumer Protection Act. It scrutinizes judicial pronouncements oscillating between professional autonomy and client redress, while juxtaposing the BCI’s assertion that subjecting lawyers to consumer law oversight would imperil the profession’s nobility and its symbiotic relationship with the judiciary.

Traversing comparative jurisprudence from jurisdictions such as the United Kingdom, United States, and Canada, this study advocates for a calibrated hybrid regulatory framework—one that harmonizes consumer rights with professional self-governance. Ultimately, it calls for a judicious recalibration of India’s legal architecture, striving to fortify public confidence in the legal fraternity while preserving its institutional independence and ethical integrity.

Keywords: Legal Services, Consumer Protection Act, 2019, Advocates Act, 1961, Bar Council of India, Professional Negligence, Jurisprudential Debate, Consumer Rights, Legal Ethics, Professional Autonomy, Judicial Oversight, Comparative Jurisprudence, Hybrid Regulatory Framework, Grievance Redressal Mechanism, Legal Profession Reforms, Legislative Recalibration, Symbiotic Bar-Bench Relationship, Institutional Independence.

INTERNATIONAL LEGISLATIONS AND BEST PRACTICES FOR TRADITIONAL KNOWLEDGE PROTECTION

AUTHOR – DISHA JOSHI, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – DISHA JOSHI, INTERNATIONAL LEGISLATIONS AND BEST PRACTICES FOR TRADITIONAL KNOWLEDGE PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 657-660, APIS – 3920 – 0001 & ISSN – 2583-2344.

Overview of Intellectual Property

Intellectual property embodies various creation of the mind or the human intellect. These include inventions, literary and artistic works, designs, symbols, et cetera, generally used in trade. These are referred to as intangible assets, and require legal protection in most cases, which helps in recognizing and granting creators with exclusive rights to control the use of their creation and its commercial exploitation as well. Thus, it can be said that intellectual property rights widely deal with the exclusivity of use and monetary gains arising at the behest of the creation. Intellectual property arises from huma creativity and ingenuity, which generally represents original thought, effort, and skill. To give a basic understanding of the subject, IP is primarily divided into two segments: industrial property and non-industrial property^[1]. The former, as the name suggests, concerns itself with application in any industry with commercial application, focusing on protecting inventions, brands, and designs used in industry and commerce. This includes mechanisms like patent protection for invention, trademarks for brand recognition, industrial design for product aesthetic and appeal, and geographical indication for products originating from a specific geographical location. Slightly contrary to this, non-industrial intellectual property, majorly referred to as copyright, lays emphasis on protecting artistic and literary work. This consists of a variety of creative expressions like books, music, films, paintings, dance, folks, performing arts, et cetera. The primary aim of both the types is to protect intellectual creations, however, they differ in the types of subject matter which they protect and the specific rights that the creator or owner of such work is conferred with. This includes the term of protection, the extent of exclusivity of use, assignment and transfer of rights, renewals of the respective IP, what constitutes as an infringement, remedies for their infringement, and so on. In this introductory chapter, the major types of IP are briefly explained.

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[1] WIPO https://www.wipo.int/edocs/pubdocs/en/wipo_pub_895_2016.pdf