LIJDLR

Volume IV Issue II

RECALIBRATING GLOBAL MONETARY POWER: CBDC AS A STRATEGIC RESPONSE TO FINANCIAL WEAPONISATION

Volume IV Issue II /

RECALIBRATING GLOBAL MONETARY POWER: CBDC AS A STRATEGIC RESPONSE TO FINANCIAL WEAPONISATION Kavya S S, LL.M (Business Law), 2nd Year, Student at The Tamil Nadu Dr. Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.212 This paper undertakes a doctrinal legal analysis of the weaponisation of finance and explores the potential of Central Bank Digital Currencies (CBDCs) and other digital monies as tools to mitigate such financial coercion. The weaponisation of finance refers to the strategic use of financial sanctions, currency restrictions, and control over international payment systems by states to achieve geopolitical aims. This phenomenon disrupts global financial stability, raising profound legal and normative questions about sovereignty, economic freedom, and human rights. Employing a doctrinal methodology, the paper critically examines the current legal frameworks governing sanctions law, monetary controls, and international financial regulations, analysing key statutes, treaties, regulatory policies, and case law. Special emphasis is placed on the advent of CBDCs, government-issued digital currencies with programmable capabilities that provide enhanced transparency, traceability, and regulatory oversight. The analysis highlights how CBDCs may serve as legal instruments to curb the Weaponisation of finance by enabling stricter compliance enforcement, enhancing monetary sovereignty, and offering alternatives to dominant global currencies subjected to unilateral sanctions. Concurrently, the paper assesses the risks related to privacy intrusions, potential governmental abuse, and fragmentation in the international monetary system due to competing CBDCs. The study concludes by emphasising the necessity for robust legal safeguards, multilateral regulatory cooperation, and clear central banking mandates to balance the benefits of CBDCs in countering financial weaponisation with protections for privacy and financial freedom. This research contributes to the intersection of international finance law and emerging digital monetary technologies, providing insights crucial for policymakers, legal scholars, and regulators navigating the complexities of finance, sovereignty, and technology in a rapidly evolving global order.

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M&A AS A GROWTH STRATEGY IN EMERGING MARKETS: INDIA, CHINA, BRAZIL CASE STUDIES

Volume IV Issue II /

M&A AS A GROWTH STRATEGY IN EMERGING MARKETS: INDIA, CHINA, BRAZIL CASE STUDIES Arshpreet Kour, LL.M (Corporate Laws), 2nd Semester, Student at Amity University, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.211 Mergers and Acquisitions (M&A) have emerged as an important strategy for corporate growth in an increasingly competitive and globally integrated business environment. By enabling firms to acquire existing assets, technology, managerial capabilities, market access and established customer bases, M&A offers a faster route to expansion than organic growth. This research adopts a doctrinal and analytical methodology, examining statutory and regulatory frameworks, institutional mechanisms, secondary literature and selected case studies to evaluate the effectiveness of M&A as a growth strategy in emerging markets, with particular reference to India, China and Brazil. The study finds that India provides a comparatively structured and market-oriented M&A framework through company law, competition regulation and securities regulation, with the Competition Commission of India and SEBI playing important institutional roles, although procedural delays and compliance burdens may affect transaction efficiency. China’s M&A environment reflects stronger state influence, where regulatory scrutiny, foreign investment controls and state-guided industrial policy can facilitate strategic acquisitions but may also raise concerns regarding transparency and market neutrality. Brazil represents a mixed model in which CADE and competition law have strengthened merger control and institutional oversight, but macroeconomic volatility and political uncertainty continue to influence deal valuation and completion. The comparative analysis of the Tata Steel-Corus, Geely-Volvo and AB InBev experiences shows that M&A can generate scale, technology access and global competitiveness, but success depends on strategic fit, disciplined valuation, regulatory certainty and effective post-merger integration. The study recommends that firms undertake rigorous due diligence, avoid over-leveraged acquisitions, and design integration plans before deal closure, while policymakers should promote transparent, predictable and time-bound regulatory processes to support sustainable M&A-driven growth.

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INCORPORATION OF INTERNATIONAL HUMAN RIGHTS TREATIES INTO DOMESTIC LEGAL SYSTEMS: INDIA AND BEYOND

Volume IV Issue II /

INCORPORATION OF INTERNATIONAL HUMAN RIGHTS TREATIES INTO DOMESTIC LEGAL SYSTEMS: INDIA AND BEYOND Dr. Rajeev Singh, Assistant Professor (Grade – III) at Amity Law School (India). Sakshi Singh, LLB, 6th Semester, Student at Amity Law School (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.210 Because of the spread of the international human rights law, scholars and courts have puzzled about whether, and how, a treaty obligation is incorporated into the domestic law. The classic debates between monist and dualist theories argue that either the treaty norms become part of the state’s legal order automatically or they need to be translated to be incorporated into the legal order. A dualist system, in which Parliament has to turn treaties into law before they are enforceable, is generally followed in India, given that it has a written constitution, a federal structure and a history of colonial law. However, the Supreme Court applies and applies international conventions to interpret constitutional guarantees, mainly in absence of domestic laws. This paper examines the incorporation of human rights treaties in India in comparison with the constitutional mechanisms in monist, mixed or directive approaches countries like the Netherlands, South Africa, Argentina and Tanzania. It relies on doctrinal analysis of constitutional text (like Article 253 of the Indian Constitution, Article 75(22) of the Argentine Constitution, Section 231-233 of the South African Constitution, Article 93 and 94 of the Dutch Constitution and Article 9 of the Tanzanian Constitution) and some characteristic Supreme Court decisions (e.g., Vishaka, National Legal Services Authority, Makwanyane, Simón and Ephrahim v. Pastory) India has a dualist system and the paper contends that it has been democratically legitimised through its incorporation of treaties in Parliament, but judicial invocation of unincorporated treaties has consecrated the extension of rights, thereby eroding a strict dualism. Comparative analysis indicates that the explicit incorporation in the constitution, as in the case of the Netherlands and Argentina, does not necessarily result in an effective domestic mechanism. One important factor to consider is the independence of the courts and their interpretative powers. The paper ends with suggestions to strengthen India’s treaty implementation in other jurisdictions.

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PURPOSE, PRACTICE AND LIMITATIONS OF THE COMMISSION OF INQUIRY ACT, 1952- A CRITICAL ANALYSIS

Volume IV Issue II /

PURPOSE, PRACTICE AND LIMITATIONS OF THE COMMISSION OF INQUIRY ACT, 1952- A CRITICAL ANALYSIS Madhukrishna N, LL.M, 2nd year, Student at The Tamil Nadu Dr Ambedkar Law University-School of Excellence in Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.209 The Commission of Inquiry Act, 1952 constitutes the principal statutory framework through which the Central and State Governments in India establish Commissions of Inquiry to investigate matters of public importance. Conceived as independent fact-finding bodies, these commissions are expected to examine controversial incidents, ascertain facts, identify administrative or political failures, and recommend corrective measures. However, despite their significant role in democratic governance and public accountability, concerns persist regarding the effectiveness of commissions due to the non-binding nature of their findings and recommendations, prolonged delays in inquiry proceedings, and allegations of political influence in their constitution and functioning. This study critically examines the purpose, practice, and limitations of the Commission of Inquiry Act, 1952 through a doctrinal research methodology based on statutory analysis, judicial principles, governmental reports, and secondary legal literature. The paper analyses the legislative framework, powers, and procedural features of commissions constituted under the Act and evaluates whether they have fulfilled their intended objectives. Particular attention is given to landmark inquiries, including the Chagla Commission, Maruti Commission, Liberhan Commission, and Nanavati-Mehta Commission, to assess their contributions to accountability, governance reforms, and public confidence. The study finds that although commissions often succeed in uncovering facts and influencing public discourse, their recommendations frequently remain unimplemented due to the absence of statutory enforceability. Excessive delays, lack of institutional accountability, and political considerations further diminish their practical effectiveness. The paper concludes that while the Act remains an important democratic mechanism for fact-finding and transparency, substantial reforms are necessary. It recommends introducing implementation obligations, statutory timelines, independent appointment procedures, mandatory Action Taken Reports, and enhanced public accessibility to ensure that commissions function as meaningful instruments of accountability rather than merely advisory bodies.

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A THEMATIC STUDY ON ELECTRONIC CONTRACTS IN THE DIGITAL AGE: VALIDITY, AUTHENTICATION, AND ENFORCEMENT IN THE INDIAN CONTEXT

Volume IV Issue II /

A THEMATIC STUDY ON ELECTRONIC CONTRACTS IN THE DIGITAL AGE: VALIDITY, AUTHENTICATION, AND ENFORCEMENT IN THE INDIAN CONTEXT M Prakash George, Assistant Professor at R N Patel Ipcowala School of Law and Justice, The Charutar Vidya Mandal (CVM) University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.208 The rise of digital technology and internet-based commerce has profoundly changed the conventional understanding of contractual relationships in India. E-contracts, or electronic contracts, have emerged as an essential aspect of contemporary business operations, allowing individuals and companies to form agreements via websites, mobile apps, electronic banking services, and online marketplaces. The increasing reliance on digital transactions has heightened the need to comprehend the legal validity, authentication processes, and enforceability of electronic contracts in the Indian legal framework. This study analyzes the legal structure regulating electronic agreements in India, emphasizing the clauses of the Information Technology Act, 2000 and the Indian Contract Act, 1872. It examines how key components of a valid contract, including voluntary consent, lawful consideration, capable parties, and the intent to establish legal relations, are utilized in electronic agreements. The study examines the legal acknowledgment of electronic records and digital signatures, emphasizing their significance in maintaining authenticity, integrity, and security in online dealings. Judicial rulings on click-wrap, browse-wrap, and shrink-wrap agreements are examined to grasp the changing stance of Indian courts regarding electronic contract practices. The research also tackles significant issues related to electronic contracts, such as cyber fraud, identity theft, data privacy worries, jurisdictional complexities, evidential challenges, and consumer protection in digital transactions. Particular focus is placed on the challenges emerging from cross-border e-commerce and the acceptance of electronic evidence as per Indian law. Furthermore, the study examines the effects of emerging technologies like blockchain and smart contracts, which are expected to shape the future of digital agreements and business regulation.

A THEMATIC STUDY ON ELECTRONIC CONTRACTS IN THE DIGITAL AGE: VALIDITY, AUTHENTICATION, AND ENFORCEMENT IN THE INDIAN CONTEXT Read More »

ARTICLE: PROSPECTS AND OPPORTUNITIES OF E-BANKING IN INDIA

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ARTICLE: PROSPECTS AND OPPORTUNITIES OF E-BANKING IN INDIA Prof. (Dr)Atal Kumar, Principal at Mewar Law Institute, Vasundhara, Ghaziabad, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.207 Electronic banking (E-banking) has emerged as a significant component of India’s digital economy, transforming the delivery and accessibility of financial services through internet banking, mobile banking applications, automated teller machines (ATMs), and digital payment platforms. The rapid growth of internet connectivity, smartphone usage, and government initiatives such as Digital India has accelerated the adoption of E-banking across the country. This research paper, titled “Prospects and Opportunities of E-Banking in India,” examines the development of E-banking in India, identifies the major challenges affecting its growth, and evaluates the opportunities it offers for the future of the banking sector. The study adopts a descriptive and analytical methodology based on secondary sources, including scholarly literature, policy reports, and regulatory materials. The analysis reveals that E-banking has substantially improved the efficiency, convenience, and accessibility of banking services while contributing to financial inclusion and the expansion of digital payments. However, the sector continues to face significant challenges, including cybersecurity threats, online fraud, inadequate digital literacy, infrastructural limitations, and concerns relating to consumer protection and data security. The study further finds that emerging technologies such as Artificial Intelligence (AI), blockchain, and fintech innovations, together with the continued expansion of the Unified Payments Interface (UPI), present substantial opportunities for strengthening the E-banking ecosystem. The paper concludes that while E-banking offers considerable prospects for economic growth and financial inclusion in India, its sustainable development depends upon robust regulatory oversight, enhanced cybersecurity measures, technological innovation, and increased public awareness. Accordingly, coordinated efforts by policymakers, financial institutions, regulators, and technology providers are essential to maximise the benefits of E-banking and ensure its long-term growth and reliability.

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SPACE TOURISM AND THE EMERGING LEGAL ORDER: A MULTIDISCIPLINARY ANALYSIS OF TECHNOLOGY, ECONOMICS, ETHICS, AND GOVERNANCE

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SPACE TOURISM AND THE EMERGING LEGAL ORDER: A MULTIDISCIPLINARY ANALYSIS OF TECHNOLOGY, ECONOMICS, ETHICS, AND GOVERNANCE Mallika Matin, BBA LLB, 8th Semester, Student at Bennett University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.206 Space tourism has emerged as one of the most significant developments of the twenty-first century, driven by rapid technological innovation, growing private-sector participation, and humanity’s enduring interest in outer space. The transition from state-sponsored space missions to commercially operated human spaceflight has enabled private individuals to participate in suborbital and orbital journeys, transforming space travel into an emerging commercial industry. This paper examines space tourism through a multidisciplinary lens by analysing its historical evolution, technological foundations, economic prospects, ethical implications, environmental consequences, and legal challenges. The study finds that while space tourism offers substantial opportunities for innovation, economic growth, scientific advancement, and broader public engagement with space activities, it also generates significant concerns relating to social inequality, environmental sustainability, passenger safety, liability, and access to outer space. A central finding of the paper is that the existing international legal framework, particularly the Outer Space Treaty and related conventions, was developed primarily for state-led space activities and remains inadequately equipped to regulate contemporary commercial space tourism. Critical regulatory gaps persist in areas such as private operator liability, environmental protection, passenger safety standards, and transnational governance. In response, the paper advocates the development of a harmonised international regulatory framework under the guidance of international institutions such as the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). It further recommends the adoption of stronger environmental safeguards, mandatory insurance and safety standards for commercial operators, and reforms to existing space governance mechanisms to accommodate private-sector participation while preserving the principle that outer space should be utilised for the benefit of all humankind. The paper concludes that effective and coordinated governance will be essential to ensuring the sustainable, equitable, and legally accountable growth of the global space tourism industry.

SPACE TOURISM AND THE EMERGING LEGAL ORDER: A MULTIDISCIPLINARY ANALYSIS OF TECHNOLOGY, ECONOMICS, ETHICS, AND GOVERNANCE Read More »

BALANCING DATA PRIVACY AND DIGITAL FORENSIC INVESTIGATION IN INDIA: A CRITICAL ANALYSIS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND BHARATIYA SAKSHYA ADHINIYAM, 2023

Volume IV Issue II /

BALANCING DATA PRIVACY AND DIGITAL FORENSIC INVESTIGATION IN INDIA: A CRITICAL ANALYSIS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND BHARATIYA SAKSHYA ADHINIYAM, 2023 Mayur Mahajan, BBA LLB(H), 5th Semester, Student at Jaipur National University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.205 Today’s digital landscape involves constant gathering, retention, and exchange of personal data via websites, apps, and online networks. The rapid rise in cybercrimes like hacking, online fraud, identity theft, and data breaches, driven by technological progress, has made digital forensic investigation a crucial component of the criminal justice system. This study investigates the interplay between data privacy and digital forensics in India, focusing specifically on the Digital Personal Data Protection Act and the Bharatiya Sakshya Adhiniyam of 2023. This research clarifies the definitions and boundaries of data privacy and digital forensics, while also examining the historical development of data protection and electronic evidence legislation in India. It also examines the constitutional dimensions of privacy, surveillance, and digital rights following the establishment of privacy as a fundamental right under Article 21. This study offers a critical examination of the 2023 DPDP Act and Bharatiya Sakshya Adhiniyam, focusing on their regulations concerning consent, data processing, electronic evidence, and investigative authority. The study further underscores the escalating tension between personal privacy and criminal probes. The study analyzes real-world obstacles in digital forensics, such as data encryption, cyber threats, technical skill gaps, and international cybercrimes. The research also examines key court rulings and contrasts India’s regulatory structure with global data protection norms. The study asserts that while digital forensics are vital for national security and law enforcement, they require constitutional and legal protections to safeguard individual privacy and digital liberties. It further indicates that India requires a digital investigation framework that is transparent, balanced, and focused on privacy. This study examines data privacy, digital forensics, and cybercrime under the 2023 DPDP Act and Bharatiya Sakshya Adhiniyam, focusing on electronic evidence, surveillance, and digital rights.

BALANCING DATA PRIVACY AND DIGITAL FORENSIC INVESTIGATION IN INDIA: A CRITICAL ANALYSIS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND BHARATIYA SAKSHYA ADHINIYAM, 2023 Read More »

THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS AND DISPUTE RESOLUTION: MECHANISMS, CHALLENGES, AND EMERGING FRONTIERS

Volume IV Issue II /

THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS AND DISPUTE RESOLUTION: MECHANISMS, CHALLENGES, AND EMERGING FRONTIERS Diptajit Dasgupta, BBA LLB, 5th Semester, Student at KIIT School of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.204 Intellectual Property Rights (IPR) have become central to the modern knowledge-based economy, making the effective resolution of intellectual property disputes an increasingly significant legal and commercial concern. The growing internationalization of trade, digital commerce, technological innovation, and cross-border exploitation of intellectual assets has led to a corresponding rise in the volume, complexity, and transnational character of IPR disputes. This paper examines the intersection between intellectual property law and dispute resolution by analysing the mechanisms available for resolving disputes involving patents, trademarks, copyrights, geographical indications, and trade secrets. Employing a doctrinal and analytical research methodology, the study evaluates domestic litigation, administrative proceedings, arbitration, mediation, expert determination, and international dispute resolution frameworks operating under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO). The paper further examines the Indian framework for IPR dispute resolution, including recent institutional developments, compulsory licensing, Section 3(d) patent disputes, and the growing role of alternative dispute resolution mechanisms. The study finds that while courts continue to play a vital role in enforcing intellectual property rights, arbitration and mediation offer significant advantages in terms of confidentiality, technical expertise, procedural flexibility, and cross-border enforceability. It also identifies emerging challenges arising from artificial intelligence, standard-essential patents and FRAND disputes, digital piracy, platform liability, and the fragmented nature of international enforcement mechanisms. The paper concludes that the existing dispute resolution framework remains uneven and jurisdictionally fragmented. It recommends greater harmonisation of international enforcement standards, clearer rules on the arbitrability of intellectual property disputes, the strengthening of specialised adjudicatory institutions, reforms to international dispute settlement mechanisms, and enhanced accessibility of ADR processes for innovators, creators, and small and medium-sized enterprises. This would contribute towards a more efficient, coherent, and globally responsive system of intellectual property dispute resolution.

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CRIMINALISATION OF ONLINE BEHAVIOUR: MEME CULTURE, DARK HUMOUR & FREE SPEECH UNDER INDIAN LAW A LEGAL ANALYSIS & PROPOSAL OF THE CONTEXTUAL HARM TEST

Volume IV Issue II /

CRIMINALISATION OF ONLINE BEHAVIOUR: MEME CULTURE, DARK HUMOUR & FREE SPEECH UNDER INDIAN LAW A LEGAL ANALYSIS & PROPOSAL OF THE CONTEXTUAL HARM TEST Rohit Prasad Pal, Lawyer at District and Session court (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.203 The rapid evolution of internet culture, particularly meme culture and dark humour, has significantly outpaced the legal and judicial frameworks governing online expression in India. Digital satire, parody, and humorous content have emerged as important forms of public discourse; however, creators frequently face criminal proceedings under laws that were not designed to address the unique characteristics of online communication. This article examines the tension between the constitutional guarantee of freedom of speech and expression under Article 19(1)(a) of the Constitution of India and the potential criminal liability arising from online conduct under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000. Employing a doctrinal legal research methodology, the study analyses relevant constitutional provisions, statutory frameworks, judicial precedents, and scholarly literature relating to online speech regulation. Particular attention is devoted to BNS provisions concerning defamation, public mischief, promoting enmity, obscenity, and religious offence, as well as Sections 67 and 67A of the Information Technology Act, 2000. The article evaluates the manner in which these provisions have been applied to memes, political satire, and dark humour, highlighting the absence of a coherent legal standard for distinguishing protected expression from punishable conduct. To address this doctrinal gap, the article proposes a Contextual Harm Test (CHT), a four-pronged analytical framework requiring consideration of: (i) communicative intent, (ii) actual or probable harm, (iii) audience reception within the relevant digital community, and (iv) the proportionality of criminal prosecution as a response. The proposed framework draws upon constitutional free speech principles, the harm principle, and contemporary proportionality jurisprudence. The article argues that adoption of the CHT by courts or through legislative reform would promote greater consistency, protect legitimate online expression, and ensure that criminal sanctions are reserved for conduct causing genuine and demonstrable harm.

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