LIJDLR

Volume IV Issue I

CARBON AT THE BORDER: THE EFFECT OF THE EU’S CARBON BORDER ADJUSTMENT MECHANISM ON INDIA’S EXPORT COMPETITIVENESS

CARBON AT THE BORDER: THE EFFECT OF THE EU’S CARBON BORDER ADJUSTMENT MECHANISM ON INDIA’S EXPORT COMPETITIVENESS Chinju Kuruvilla, LLM- Corporate and Commercial Law Student, Christ University, Bangalore, Karnataka (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.02 The European Union’s Carbon Border Adjustment Mechanism (henceforth referred to as CBAM), introduced as part of the European Green Deal is one of the most ambitious attempts at combining trade and climate regulations. While the EU has implemented CBAM to prevent carbon leakage, its implication for developing economies like India has not only been legally contentious, but also of economic importance. The article critically analyses the question of whether CBAM is compatible with the principles of the World Trade Organization (WTO) framework and, in particular, with the General Agreement on Tariffs and Trade (GATT) and its exceptions under Article XX of GATT. It further analyses the implications of CBAM on the Indian steel sector, the aluminium and iron sectors, which make up a large portion of Indian exports into EU, focussing on compliance challenges in the area of emissions reporting, infrastructure and institution readiness. Through a doctrinal and comparative analysis of the law, the article examines India’s current carbon regulatory framework and Carbon Credit Trading Scheme and the absence of a national carbon tax. It contends that India faces both a trade risk and an opportunity- either to have a passive reaction to the cost structures caused by CBAM, or to introduce a proactive carbon pricing strategy that could place national interests in consonance with the structure of global climate-trade governance.

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MISUSE OF STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN INDIA: NEED FOR ANTI-SLAPP LEGISLATION

MISUSE OF STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN INDIA: NEED FOR ANTI-SLAPP LEGISLATION Rafiya Nazneen, LLM Corporate and Commercial Law, Christ Deemed to be University, Bangalore (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.01 Strategic Lawsuits Against Public Participation (SLAPPs) are becoming more recognized as a potent tool of legal harassment, as corporations, powerful people, and state officials are now using it to silence dissent and discourage legitimate public activism. SLAPPs can be characterized as a tool that is used to exert not only financial but also psychological pressures on activists, journalists, and civil society organizations, as opposed to being a legitimate legal complaint. This paper critiques the scenario of India of misusing of SLAPPs, where the lack of sufficient defamation laws, the lengthy legal process, and unequal access to justice further intensify their chilling effect on free speech and political participation. Comparative analysis of anti-SLAPP laws in various jurisdictions, such as the United States, Canada as well as the nations in Europe, and South Africa, clarifies the variety of legislative and judicial approaches that may be used to guard civic activity. The paper notes the existing legal gaps in India that enable the continuation of SLAPPs and suggests that an effective anti-SLAPP framework based on constitutional protections to free speech, judicial effectiveness, and protection of litigation in the public interest can be implemented. The suggested structure aims to reconcile the rights of individual reputation and the right to criticize as a collective entity to strengthen the democratic spirit of India.

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