LIJDLR

legal frameworks

AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS

Volume III Issue I /

AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS Rama Dutt, Assistant professor, Harlal School of Law, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.37 This research paper examines the evolving intersection of artificial intelligence (AI) and the right to privacy, focusing on how legal systems can reconcile rapid technological innovation with constitutional protections. The paper analyzes key legal frameworks, landmark judgments, and emerging regulatory approaches to AI globally. It also highlights the ethical implications of surveillance technologies, facial recognition, and predictive algorithms. The study concludes by proposing legal reforms and policy strategies to ensure responsible AI deployment that respects fundamental rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 920-932. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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INTERPRETATION OF NON-FUNGIBLE TOKENS (NFTS) AND BLOCKCHAIN TECHNOLOGY IN INDIA

Volume II Issue IV /

INTERPRETATION OF NON-FUNGIBLE TOKENS (NFTS) AND BLOCKCHAIN TECHNOLOGY IN INDIA Nandini Achhra, 3rd year – BALLB(H), Student at Vivekananda institute of professional studies, Delhi Download Manuscript doi.org/10.70183/lijdlr.2024.v02.52 The rise of non-fungible tokens (hereinafter referred to as “NFTs”) has changed the way digital properties operate and as such presents new possibilities for, in this instance intellectual property rights notably copyrights. This paper interrogates how the emergence of NFTs and blockchain technology are challenging, reconstituting conventional copyright law regimes NFTs – unique digital assets with proof of ownership verified through blockchain technology – have swept across an array of industries from art and music to entertainment, providing a new way for creators to both authenticate their work and monetize it online. However, the intersection of NFTs and copyrights raises complexities regarding ownership, infringement, and the scope of rights pertaining to NFT transactions. The paper assesses the current legal framework, scrutinizing how existing copyright laws pertain to NFTs, while also examining notable court cases and legal precedents. Additionally, it examines the implications of smart contracts, which are frequently employed in transactions to automate and enforce the terms of agreements, and their potential impact on copyright enforcement and licensing. The paper also examines the global aspect of copyright and NFTS, analyzing how various countries are adapting to these technological innovations. It emphasizes the difficulties of aligning copyright laws across different countries in the digital era and the potential for international treaties and agreements to contribute to the development of a unified legal framework for NFTS. Finally, the paper suggests possible changes and future paths for copyright law in response to the continuous development of non-fungible tokens and blockchain technology. The paper concludes that while NFTs present exciting prospects for monetizing and distributing digital content, a comprehensive and well-defined legal framework is essential to tackle the intricate copyright challenges they entail and safeguard intellectual property rights in the digital age. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 207-224. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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E-COMMERCE AND FINTECH: LEGAL AND REGULATORY FRAMEWORKS

Volume II Issue IV /

E-COMMERCE AND FINTECH: LEGAL AND REGULATORY FRAMEWORKS Kriti Arora, BBA LLB (Hons.), GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2024.v02.51 This integration has dramatically impacted global economies in terms of unprecedented innovation and efficiency in digital transactions and financial services. This industry has relied on technological power in order to build an experience of seamless usage, accessibility enhancement, and an extension of reach for a market where economic growth and social inclusion are supported.[1]. However, this growth also poses unprecedented legal and regulatory issues, mainly in the realm of privacy concerns, cyber security threats, and the complex jurisdiction where cross-border transactions are encountered. This paper critically examines legal and regulatory frameworks governing e-commerce and fintech on both international and domestic levels, with a specific focus on India.[2]. It explores key legal instruments, such as the UNCITRAL Model Law, OECD guidelines, and India’s Information Technology Act, 2000, analyzing their effectiveness in addressing the challenges brought about by these rapidly evolving technologies.[3]. Further, the paper analyses significant case laws and interdisciplinary approaches with a view to unveiling insights into the preparedness of existing legal systems to respond to contemporary issues such as anti-money laundering and digital consumer protection. The analysis calls for harmonized and adaptive regulations that drive innovation while protecting consumer rights and financial stability. With this, the study gives recommendations on how to further improve legal structures by crossing borders, improving domestic policy, and increasing public awareness as a way of bridging the gaps. With all these, stakeholders can deal with the dynamic nature of e-commerce and fintech, ensuring sustainable growth within the digital economy and ethical compliance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 185-206. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BIOLOGICAL WARFARE AND PUBLIC HEALTH: PREPAREDNESS AND RESPONSE STRATEGIES

Volume II Issue IV /

BIOLOGICAL WARFARE AND PUBLIC HEALTH: PREPAREDNESS AND RESPONSE STRATEGIES Harsh Verma, Student at Galgotias University. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.43 Biological warfare, or the deliberate use of biological agents against enemies, has been a crucial concern for national security and public health. While technological development in biotechnology offers a potential channel through which biological agents can be developed and released in a very dangerous mounting danger of bioterrorism and state-sponsored attacks, this paper discusses the current understanding of how to deal with and respond to biological warfare measures through international collaborations that enable legal frameworks and public health infrastructures necessary to mitigate them. The paper critically analyses the extant biosecurity arrangements, including the Biological Weapons Convention and national laws, such as India’s Epidemic Diseases Act, of 1897. It also pointed out the significant gaps in these laws, more specifically, the lack of enforcement mechanisms and many provisions of the regulations, which seem to be archaic. On the other hand, biotechnology research also faces the dual-use dilemma wherein scientific gains made for defense purposes can turn out to be utilized for offensive purposes, thus posing ethical and security issues. The findings indicate that much ground has been covered on matters of biosecurity, but the current frameworks are not satisfactory for dealing effectively with emerging threats. These set up recommendations, like updating legal frameworks, increasing investment in research and development, and stepping up international cooperation. These factors are very instrumental in ensuring the attainment of a resilient global biosecurity environment responsive to outbreaks that are naturally caused and those originating from deliberate biological attacks. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 47-65. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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EFFECTIVENESS OF CONSUMER PROTECTION LAW IN CROSS BOARDER E-COMMERCE

Volume II Issue III /

EFFECTIVENESS OF CONSUMER PROTECTION LAW IN CROSS BOARDER E-COMMERCE Nithya Prakash, Student In Presidency University Banglore, Karnataka Download Manuscript doi.org/10.70183/lijdlr.2024.v02.32 Digital markets transcend geographic boundaries Cross-border e-commerce has thus become a driving force for global trade. However, the rapid growth of online shopping across countries has created significant challenges regarding consumer protection. This article examines the effectiveness of consumer protection laws in protecting consumer rights related to cross-border transactions. By analysing issues related to challenges in jurisdictions Lack of consistency in standards and consumer remedies mechanisms This study aims to provide insights into the complexities of enforcing consumer protection in a globalized economy and across borders, e-supporting the establishment of strong organizations. Legal framework to protect consumers in the evolving trade landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 538-558. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

Volume II Issue III /

METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION Vrinda Yadav, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Mradul Prakash Agnihotri, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.25 This research paper comprehensively explores the historical evolution of statutory interpretation, spanning from the Blackstonian era to the contemporary period. Emphasizing the vital role of statutory interpretation in the judiciary, the paper aims to unveil true legislative intent and deliver justice, addressing complexities, unforeseen circumstances, and linguistic ambiguities within statutes. Traditional methods such as Literal or Grammatical Interpretation, the Golden Rule, the Mischief Rule, and the Purposive Approach are scrutinized for their respective advantages and disadvantages, considering factors like alignment with legislative intent and flexibility. Recent trends in statutory interpretation, notably the recognition of compensation as a remedy for fundamental rights violations, are examined, along with the judiciary’s role in statutory interpretation through judicial review marked by judicial activism. The paper concludes by highlighting the transition from the Literal Rule to the more flexible Purposive Rule, emphasizing its efficacy in addressing logical defects and fostering justice across diverse situations. In essence, the research provides a nuanced understanding of statutory interpretation’s evolution, traditional methodologies, and contemporary trends, showcasing its dynamic and adaptive nature in the realm of judicial interpretation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 416-436. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION

Volume II Issue III /

DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION Oshin Johari, Advocate Download Manuscript doi.org/10.70183/lijdlr.2024.v02.24 The global refugee crisis and the proliferation of human trafficking represent two of the most pressing humanitarian challenges of our time. Often, these issues intersect, leaving refugees, already vulnerable, at heightened risk of exploitation by traffickers. This paper, titled “Trapped Between Borders: Navigating the Legal Labyrinth of Human Trafficking and Refugee Protection in International Law,” explores the intricate relationship between human trafficking and refugee flows, focusing on how current international legal frameworks address—or fail to address—the dual vulnerabilities faced by trafficked refugees. Drawing on case studies from conflict zones and regions with significant refugee movements, this paper critically examines the effectiveness of existing international instruments, such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol) and the 1951 Refugee Convention. It highlights the legal gaps and enforcement challenges that leave many trafficked refugees without adequate protection or recourse. The paper argues for a more integrated approach to international law, one that acknowledges the complex realities faced by refugees who are victims of trafficking. By proposing legal reforms and enhanced international cooperation, this study seeks to contribute to the development of more robust protections for some of the world’s most vulnerable populations, ensuring that they are not merely trapped between borders but are provided with the comprehensive support and justice they deserve. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 396-415. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA

Volume II Issue III /

LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA Jaydeep Findoria, Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.23 This is a comparative analysis of the complex legal structures surrounding marriage and divorce in the United States and India. Therefore, this research digs into the different marital arrangements recognized in both countries, procedural intricacies surrounding divorce cases, and the hurdles that come with cross-border divorces. The paper will revolve around the play of structures of law, cultural norms, and societal values against the tapestry of changing nature of matrimonial relationships and their dissolution between the two nations. Central themes discussed include issues relating to jurisdictional considerations, recognition of foreign decrees, and the legal precedents that cut across divorces across borders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 388-395. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CHALLENGES IN JUDGES APPOINTMENT : IDENTITY, IDEOLOGY AND CONFLICT

Volume II Issue II /

CHALLENGES IN JUDGES APPOINTMENT : IDENTITY, IDEOLOGY AND CONFLICT Download Manuscript Yashi Srivastava, 3rd year B.A.LL.B. at Student at Symbiosis Law School ,Noida The appointment of judges in India has been a subject of intense scrutiny and debate, reflecting the nation’s commitment to upholding the principles of judicial independence, accountability, and constitutional governance. This research critically analyses the evolution, challenges, and comparative aspects of India’s judicial appointment mechanism, with a focus on understanding its historical background, the establishment of the Collegium System, and the dynamics between Supreme Court and High Court appointments. Drawing upon insights from international models, particularly the United States, the research seeks to propose recommendations for reforming the existing system to enhance transparency, accountability, and judicial independence. Through a comprehensive analysis of historical antecedents, judicial precedents, and comparative perspectives, this research aims to contribute to the ongoing discourse on judicial reform in India. The study underscores the necessity of a balanced approach to maintain the judiciary’s integrity while ensuring meritocratic and diverse appointments. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 606-619. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JUDICIAL DISCRETION UPON ADMISSIBILITY OF EVIDENCE: A PERQUISITE OR PREDICAMENT

Volume II Issue II /

JUDICIAL DISCRETION UPON ADMISSIBILITY OF EVIDENCE: A PERQUISITE OR PREDICAMENT Devika Raj, Symbiosis Law School, Nagpur Download Manuscript The present manuscript draws a parallel between the perquisites and predicaments of the component of how judicial discretion variedly affects the admissibility of evidence in both the civil as well as criminal cases at the preliminary stage. We have taken into consideration the beauteous idiosyncrasy of the judges formed over years of virtuosity as well as kept the factor of the scope of retaliation by the litigant and its mechanisms upon dissatisfaction in the cases of the jurist’s not being by the tenets of the esteemed Act of Evidence Law. The very facet of a form of evidence being in consonance with the statute and it not adhering to or aligning with the particularity of the Act would be paid heed to and various extensions of the same would be discussed. There cannot be a probable conclusion to the said topic, but the importance of a jurist’s perspective would be laid down. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 597-605. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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