Qubahan Political Journal
type: channel
description: Qubahan Political Journal (QPJ) is a quarterly academic journal published by the Qubahan, QPJ publishes original researches in all Political and Law fields. QPJ is a Peer-Reviewed Open Access journal. QPJ provides immediate, worldwide, barrier-free access to the full text of research articles without requiring a subscription to the journal.
publisher: Qubahan
language: en
publication name: Qubahan Political Journal
issn: 3078-3356
items: The Inter-American court of human rights’ engagement with international human rights instruments: an analysis of environmental protection jurisprudence
items: The Politics of Welfare and Rights Judicial Review of Populist Governance in India
items: Asymmetric Surveillance Governance: A Thematic Analysis of Privacy, National Security, and AI Regulation in India
items: Constitutional Morality vs Majoritarian Politics: Re-imagining Secularism and Equality in Contemporary India
items: Analysis of the Trade Secrets Bill, 2024: Implications for Business and Innovation
items: Right to Development: From Global Aspiration to Constitutional Obligation
items: Power, Dignity and Institutional Accountability: A Thematic Legal Analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
items: COMPULSORY LICENSING OF PATENTED PHARMACUETICALS UNDER TRIPS: A BLESSING FOR DEVELOPING COUNTRIES
items: Convergent Autonomy: A Comparative Analysis of Strategic Imperatives and Structural Constraints in Indian and Iranian Foreign Policies
items: CONSTITUENT POWER AND CONSTITUTIONAL IDENTITY: JUDICIAL REVIEW OF CONSTITUTIONAL AMENDMENTS IN INDIA
items: Law, Dissent, and the State Constitutional Limits on Sedition and Preventive Detention in India
items: Electoral Democracy and Judicialization of Politics: The Expanding Role of Constitutional Courts in India
items: Oil, Isolation, and Institutions: Rethinking Globalisation in Petroleum-Exporting States
items: Anti-Conversion Laws in India: Constitutional Validity and Human Rights Implications
items: Space Mining and the Legal Frontiers of Imperialism: A Postcolonial Critique Using the Novel Dune
items: Algorithms on Autopilot: Bridging the Regulatory Gap in Global Competition Law
items: Legal Compliance and Consumer Protection in the Digital Marketplace: GDPR-Driven Standards for E-Commerce Privacy Policies within the International Legal Framework
items: INFUSING PCAST METHODOLOGY IN SETTING PROBATIVE STANDARDS FOR EXAMINATION OF FORENSIC EVIDENCE
items: Child sex tourism: Expanding the scope of sexual offender legislation
items: INFLUENCE OF NEW MEDIA ON LANGKAWI AS A HERITAGE DESTINATION: A GENDER COMPARISON

The Inter-American court of human rights’ engagement with international human rights instruments: an analysis of environmental protection jurisprudence
type: item
description: The Inter-American Court of Human Rights (IACtHR) has become one of the most liberal courts in identification and elaboration of environmental protection of international human rights law. The American Convention on Human rights has not yet explicitly established the right to a healthy environment, however, the Court has understood the traditional civil, political, economic, social and cultural rights through the prism of the changing international human rights and environmental tools. The Court has used treaties, declarations, and principles of soft law to develop a preventative, participatory, and rights-oriented environmental framework through advisory opinions and contentious cases, especially those that concern the Indigenous and tribal communities. The paper is a critical analysis of the IACtHR jurisprudence in relation to environmental protection with the consideration of how international human rights instruments have been incorporated within the judicial rationale. Through the review of landmark cases that include Awas Tingni, Saramaka, Yakye Axa, Kaliyna and Lokono, and Advisory Opinion OC-23/17, the research paper has shown that the Court has changed environmental protection into a human rights issue that can be subject to judiciary. This paper states that the involvement of the international instruments by the Court has played a significant role in the development of the environmental human rights law and provides an effective example to global adjudication of human rights issues.
subject: Articles
  topic: section
subject: Inter-American Court of Human Rights
  topic: keywords
subject: Environmental protection
  topic: keywords
subject: International Human rights instruments
  topic: keywords
subject: Indigenous people
  topic: keywords
subject: Environmental Jurisprudence
  topic: keywords
creator: Akhil Kumar
creator: Douglas de Castro
rights: Copyright (c) 2025 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-22
publication date: 2025-05-22
starting page: 1
ending page: 9
doi: 10.48161/qpj.v4n2a22

The Politics of Welfare and Rights Judicial Review of Populist Governance in India
type: item
description: This essay discusses judicial review of welfare-oriented populist governance in India, with the constitutional dilemmas between electoral populism, financial accountability and welfare as a right. It examines the manner in which Indian courts interact with welfare schemes widely decried as freebies and at the same time identify the constitutional requirement of social justice as enshrined in the Directive Principles of State Policy. The paper discusses the changing role of the judiciary as a controller of economic populism, and determines whether judicial intervention in the welfare policy enhances constitutional responsibility or threatens to invade democratic and fiscal realms, historically the preserve of elected governments. The paper aspires to consider the validity of substantive equality and constitutional citizenship in placing welfare schemes within the wider framework of redistribution or electorate manipulation through these schemes. It is also an analysis of the consequences of judicial review on fiscal federalism and political responsibility based on a principled and balanced judicial practice that holds constitutional welfare promises consistent with democratic choice and economic viability.
subject: Articles
  topic: section
subject: welfare populism
  topic: keywords
subject: judicial review
  topic: keywords
subject: directive principles of state policy
  topic: keywords
subject: fiscal responsibility
  topic: keywords
subject: substantive equality
  topic: keywords
creator: Sayyad Ismail Sayyad Nasir
creator: Rafaela Iansen Miranda Silva
rights: Copyright (c) 2025 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-03-09
publication date: 2025-03-09
starting page: 10
ending page: 18
doi: 10.48161/qpj.v4n1a16

Asymmetric Surveillance Governance: A Thematic Analysis of Privacy, National Security, and AI Regulation in India
type: item
description: The rapid integration of artificial intelligence into state surveillance practices has intensified longstanding tensions between consumer privacy and national security governance. In India, the enactment of the Digital Personal Data Protection Act, 2023, represents a significant regulatory development in data protection; however, its broad exemptions for state agencies raise critical constitutional and structural concerns. This paper undertakes a qualitative thematic analysis of Indian surveillance and data protection laws, supplemented by a comparative examination of regulatory frameworks in the European Union and the United States. Drawing upon statutory provisions, judicial decisions, and regulatory principles, the study identifies recurring themes including regulatory asymmetry between corporate and state actors, definitional ambiguity surrounding national security, executive-centric oversight structures, the convergence of surveillance capitalism and state data acquisition, and the algorithmic intensification of surveillance through AI systems. These themes are synthesized into a conceptual framework described as an “asymmetric surveillance governance model,” in which expanded state informational power operates alongside comparatively limited institutional counterweights. The paper argues that while national security remains a legitimate constitutional objective, meaningful harmonization requires clearer definitional standards, strengthened judicial oversight, proportionality-based safeguards, and principled AI governance mechanisms. By situating India within broader comparative debates on surveillance regulation, this study contributes to ongoing scholarship on privacy, constitutionalism, and algorithmic governance in the digital state.
subject: Articles
  topic: section
subject: consumer privacy
  topic: keywords
subject: AI surveillance
  topic: keywords
subject: national security
  topic: keywords
subject: data protection law
  topic: keywords
creator: Manu Mariyan Abraham
creator: Shampa I Dev
creator: Jorge Isaac Torres Manrique
rights: Copyright (c) 2024 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-01-12
publication date: 2024-01-12
starting page: 1
ending page: 11
doi: 10.48161/qpj.v3n1a14

Constitutional Morality vs Majoritarian Politics: Re-imagining Secularism and Equality in Contemporary India
type: item
description: The concept of constitutional morality has taken place as one of the most powerful but debatable ideas in modern Indian constitutional debate. Ultimately expressed by the framers of the Constitution as a normative check on the exercise of authority, constitutional morality has experienced rebirth in the past few years, especially in the cases of secularism, equality, and minority rights. Constitutional morality has been employed by the courts in a political environment highly majoritarian in its commanding majorities, and highly culturally nationalistic in its incivility to the majority in all its forms. This emerging phenomenon is part of a larger conflict within constitutional democracies, namely that democratic legitimacy is founded on popular sovereignty whereas constitutional legitimacy is founded on more long-term values that safeguard pluralism, ignity, and equality[i]. This tension has particularly escalated in India, with the increasing importance of debates about religious identity, citizenship, and cultural belonging in the development of the public policy and political discourse (Arvind, T. T, 2021). The central point of tension is the commitment to secularism and equality as one of the cornerstones of the constitution. This is in contrast to classical Western conceptions of secularism, which stress the need to have a clear boundary between state and religion, Indian secularism has traditionally been construed as political neutrality based on principles of equality of all religions. Secularism has long been interpreted by the judiciary as part of the basic structure of the Constitution, and thus resistant to the transformation by the majority. However, it is also possible to note an emerging, and sometimes contradictory, attitude to secularism and equality, especially surrounding the practice of a religion, the involvement of state in matters relating to religion, and the cultural majority claims. According to scholars, courts have alternated between rig…
subject: Articles
  topic: section
subject: constitutional morality
  topic: keywords
subject: secularism
  topic: keywords
subject: equality
  topic: keywords
subject: majoritarianism
  topic: keywords
subject: minority rights
  topic: keywords
subject: judicial review
  topic: keywords
creator: Sayyad Ismail Sayyad Nasir
creator: Rania Lampou
rights: Copyright (c) 2024 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-07-22
publication date: 2024-07-22
starting page: 1
ending page: 8
doi: 10.48161/qpj.v3n3a18

Analysis of the Trade Secrets Bill, 2024: Implications for Business and Innovation
type: item
description: This paper provides a comprehensive analysis of the Trade Secrets Bill, 2024, a significant piece of legislation aimed at strengthening the protection of trade secrets in the digital age. The study examines the bill's key provisions, its potential impacts on businesses and innovation, and its implications for the broader intellectual property landscape. The research employs a multifaceted approach, combining legal analysis with economic and technological considerations. It explores the bill's definition of trade secrets, its enforcement mechanisms, and its alignment with international trade secret protection standards. The paper also investigates the bill's approach to cross-border misappropriation and its provisions for cybersecurity in trade secret protection. Key findings indicate that the bill introduces more robust civil and criminal penalties for trade secret misappropriation, establishes clearer guidelines for "reasonable measures" in protecting trade secrets, and expands the extraterritorial application of trade secret law. The analysis reveals potential positive impacts on research and development investments, particularly in industries heavily reliant on trade secrets. However, it also identifies challenges, including increased compliance costs for businesses, especially small and medium-sized enterprises, and potential implications for employee mobility and open innovation practices. The paper concludes that while the Trade Secrets Bill, 2024 represents a significant step forward in modernizing trade secret protection, its success will depend on balanced implementation that fosters innovation while safeguarding valuable business information
subject: Articles
  topic: section
subject: Trade Secrets
  topic: keywords
subject: Intellectual Property Law
  topic: keywords
subject: Innovation Protection
  topic: keywords
subject: Business Confidentiality
  topic: keywords
subject: Cybersecurity
  topic: keywords
subject: Misappropriation
  topic: keywords
subject: Legislative Analysis
  topic: keywords
creator: Veena TN
creator: Avishek Chakraborty
creator: Priscila Caneparo
rights: Copyright (c) 2024 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-04-22
publication date: 2024-04-22
starting page: 1
ending page: 10
doi: 10.48161/qpj.v3n2a17

Right to Development: From Global Aspiration to Constitutional Obligation
type: item
description: The right to development is vested in both individuals and groups in accordance with international law. In 1986, the United Nations issued a document proclaiming the right to development, and the later international documents, including the Sustainable Development Goals and the Vienna Declaration, further defined this principle. Even with this staunch international backing, local jurisdictions have been unwilling to recognize the right to development as a substantive, legally enforceable fundamental right. How has increased global sensitivity not resulted in adequate constitutional protections? This paper will discuss the structural and legal contexts of this inequality.The paper suggests that three factors are interrelated, explaining why this right to progress has always been ignored. First, there is a general feeling that it is too general and focuses on policies rather than providing clear-cut, easily applicable legal precedents. This makes it less of a right enforceable in a court of law, and more of a dream. Second, socioeconomic rights are also treated as policy issues in most constitutional systems, namely civil and political rights, which are more explicitly implemented. The judicial system, in most cases, does not participate in development, since economic planning and resource distribution are closely related. Finally, the judiciary has been found unwilling to carefully examine claims concerning government spending, long-term development goals, or political priorities, out of fear that democratic decision-making would be eroded. Based on research into comparative constitutional jurisdiction, this occurs regularly; courts often cite advancements as justifications for their decisions, yet they rarely recognize them as a distinct right. The rights to life, dignity, equality, and a healthy environment are among the fundamental freedoms established to address development-related challenges indirectly. Due to this indirect approach to addressing the issue, the …
subject: Articles
  topic: section
subject: right to development
  topic: keywords
subject: socio-economic rights adjudication
  topic: keywords
subject: judicial reluctance
  topic: keywords
subject: democratic accountability
  topic: keywords
subject: constitutional recognition
  topic: keywords
creator: Narender Kumar Bishnoi
creator: Paras Chaudhary
creator: Elena E. Gulyaeva
rights: Copyright (c) 2024 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-02-22
publication date: 2024-02-22
starting page: 12
ending page: 21
doi: 10.48161/qpj.v3n1a15

Power, Dignity and Institutional Accountability: A Thematic Legal Analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
type: item
description: Sexual harassment in the workplace reflects entrenched gendered power imbalances and structural inequalities that undermine women’s dignity, autonomy, and economic participation. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 marked a significant legislative response to these concerns in India, transforming the normative framework first articulated in Vishakha v. State of Rajasthan into binding statutory obligations. This paper undertakes a qualitative thematic legal analysis of the POSH Act, examining its conceptual foundations, preventive architecture, redressal mechanisms, and structural limitations. Through doctrinal examination of statutory provisions, judicial interpretations, and scholarly commentary, the study identifies four dominant themes: (i) recognition of workplace power asymmetries; (ii) institutionalization of preventive duties; (iii) procedural justice through Internal Complaints Committees; and (iv) persistent cultural and structural barriers to enforcement. The findings indicate that while the Act establishes a comprehensive rights-based framework aligned with constitutional guarantees and international commitments, its transformative potential is constrained by inconsistent implementation, limited reach in informal sectors, and continuing socio-cultural resistance. The paper concludes by recommending institutional strengthening, inclusive reinterpretation, and structural reforms to enhance the Act’s effectiveness in combating gender exploitation in organizations.
subject: Articles
  topic: section
subject: gender exploitation
  topic: keywords
subject: workplace sexual harassment
  topic: keywords
subject: POSH Act
  topic: keywords
subject: Internal Complaints Committee
  topic: keywords
creator: Anjana Pradeep
creator: Sapna S
creator: Rania Lampou
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-12-22
publication date: 2023-12-22
starting page: 10
ending page: 17
doi: 10.48161/qpj.v2n4a10

COMPULSORY LICENSING OF PATENTED PHARMACUETICALS UNDER TRIPS: A BLESSING FOR DEVELOPING COUNTRIES
type: item
description: Patents are granted to incentivize innovation by conferring exclusive rights upon inventors, particularly in capital-intensive sectors such as pharmaceuticals. However, this exclusivity may conflict with public interest when patented products—especially life-saving medicines—are priced beyond the reach of large segments of the population. To address this concern, the TRIPS Agreement incorporates the mechanism of compulsory licensing under Article 31, permitting the use of patented inventions without the consent of the patent holder under specified conditions. This paper examines the concept of compulsory licensing as an exception to patent exclusivity, analyzing its legal framework under TRIPS and its significance for developing and least-developed countries. It explores the scope, subject matter, and conditions for the grant of compulsory licenses, emphasizing the flexibility accorded to WTO members in determining grounds such as public health emergencies and national necessity. The study highlights how compulsory licensing serves as a vital tool to balance private patent rights with public welfare by fostering competition, reducing drug prices, and improving access to essential medicines. Ultimately, the paper underscores compulsory licensing as a crucial instrument for achieving equity in global healthcare while remaining consistent with international intellectual property obligations.
subject: Articles
  topic: section
subject: Compulsory Licensing
  topic: keywords
subject: TRIPS Agreement
  topic: keywords
subject: Pharmaceutical Patents
  topic: keywords
subject: Access to Medicines
  topic: keywords
subject: Public Health in Developing Countries
  topic: keywords
creator: Deepika Kulhari
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2022-07-02
publication date: 2022-07-02
starting page: 9
ending page: 21
doi: 10.48161/qpj.v1n4a2

Convergent Autonomy: A Comparative Analysis of Strategic Imperatives and Structural Constraints in Indian and Iranian Foreign Policies
type: item
description: This research study offers a thorough comparative examination of the foreign policy frameworks of the Republic of India and the Islamic Republic of Iran, exploring their historical development, ideological underpinnings, and current strategic convergence. This paper examines India’s “Strategic Autonomy” and “Link West” policies in conjunction with Iran’s “Doctrine of Resistance” and “Look East” strategy, revealing how these two ancient civilizations maneuver through the challenges of an evolving multipolar international order. The analysis examines the essential factors influencing the bilateral relationship, such as energy security, maritime stability in the Indian Ocean and Persian Gulf, and the geopolitically significant connectivity initiatives focused on the Chabahar Port and the International North-South Transport Corridor (INSTC). The paper examines the "US Factor" as the principal structural constraint, analyzing how Washington's sanctions regime and evolving regional dynamics, including the Abraham Accords and the Taliban's resurgence in Afghanistan, compel both New Delhi and Tehran to adjust their external engagements. Through an analysis of their participation in the Shanghai Cooperation Organization (SCO) and the expanded BRICS alliance, the report emphasizes the subtle ways in which these countries reconcile ideological principles with economic pragmatism. The results indicate that despite considerable tensions about human rights, nuclear proliferation, and third-party alliances, a profound alignment of interests in Eurasian integration maintains a robust, if intricate, strategic cooperation.
subject: Articles
  topic: section
subject: strategic autonomy
  topic: keywords
subject: look east policy
  topic: keywords
subject: chabahar port
  topic: keywords
subject: international north-south transport corridor (instc)
  topic: keywords
subject: energy security
  topic: keywords
subject: multipolarity
  topic: keywords
subject: resistance economy
  topic: keywords
subject: west asia
  topic: keywords
creator: Anuj Bishnoi
creator: Yudhisthar
creator: Sakshi
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2022-12-02
publication date: 2022-12-02
starting page: 1
ending page: 8
doi: 10.48161/qpj.v1n4a5

CONSTITUENT POWER AND CONSTITUTIONAL IDENTITY: JUDICIAL REVIEW OF CONSTITUTIONAL AMENDMENTS IN INDIA
type: item
description: The power of constitutional amendment under Article 368 of the Constitution of India reflects the dynamic nature of constitutional governance. However, the exercise of this power has historically generated intense constitutional conflict between Parliament and the Judiciary. This paper critically examines the evolution of judicial review in relation to constitutional amendments, tracing its doctrinal development through landmark judicial pronouncements. Beginning with the early phase of parliamentary supremacy in Sankari Prasad and Sajjan Singh, the analysis moves through the transformative decision in Golak Nath, culminating in the crystallisation of the Basic Structure Doctrine in Kesavananda Bharati and its reaffirmation in Minerva Mills. The study argues that judicial review of constitutional amendments has emerged not merely as a procedural safeguard but as a substantive constitutional mechanism to preserve the identity, supremacy, and structural integrity of the Constitution. The continuing tension between legislative sovereignty and constitutional supremacy is examined through contemporary developments, including electoral disqualification jurisprudence and institutional confrontations. The paper concludes that while Parliament possesses wide constituent power, such power is not unlimited. The Basic Structure Doctrine represents a uniquely Indian constitutional innovation that reconciles democratic will with constitutional morality. Judicial review, therefore, operates as a guardian of constitutional continuity rather than an adversary of democratic governance.
subject: Articles
  topic: section
subject: judicial review
  topic: keywords
subject: constitutional amendments
  topic: keywords
subject: basic structure doctrine
  topic: keywords
subject: parliamentary sovereignty
  topic: keywords
subject: constitutional supremacy
  topic: keywords
subject: separation of powers
  topic: keywords
subject: fundamental rights
  topic: keywords
subject: rule of law
  topic: keywords
subject: indian supreme court
  topic: keywords
creator: Aman Kumar Buri
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2022-07-02
publication date: 2022-07-02
starting page: 1
ending page: 8
doi: 10.48161/qpj.v1n3a4

Law, Dissent, and the State Constitutional Limits on Sedition and Preventive Detention in India
type: item
description: This paper will discuss the changing constitutional association between legislation, dissent and the state power in India with specific attention to the judicial review of sedition and the proliferation of preventive detention. It evaluates how the suspension of Section 124A of the Indian Penal Code under the Indian constitution by the Supreme Court was a critical event in the re-evaluation of the colonial penal codes in the presence of a democratic constitutional system. Concurrently, the paper examines the rising trend of relying on preventive detention in Unlawful Activities (Prevention) Act, under which legislation of national security has played a prime role in controlling political dissent. The paper will assess the issue of judicial review as to whether judges have played any role in limiting executive overreach or whether preventive detention has become normalized as a form of governance through a doctrinal analysis and secondary data gathered on the subject. The results indicate that there is an imbalanced constitutional reaction, with symbolic progress in the protection of free speech alongside the increasing establishment of preventive detention, with civil liberties and democratic accountability as a concern.
subject: Articles
  topic: section
subject: Sedition
  topic: keywords
subject: preventive detention
  topic: keywords
subject: UAPA
  topic: keywords
subject: constitutional law
  topic: keywords
subject: dissent
  topic: keywords
subject: national security
  topic: keywords
creator: Sayyad Ismail Sayyad Nasir
creator: Salvatore Vitale
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2022-04-12
publication date: 2022-04-12
starting page: 1
ending page: 8
doi: 10.48161/qpj.v1n2a3

Electoral Democracy and Judicialization of Politics: The Expanding Role of Constitutional Courts in India
type: item
description: This has led to the judicialization of politics becoming one of the characteristics of the modern Indian electoral democracy that has witnessed an increased involvement of constitutional courts in the governance of elections and political affairs. The paper discusses how constitutional courts in India are increasingly playing a large role especially in disqualifying legislators, anti-defection jurisprudence, electoral transparency, political funding, and even looking at the integrity of electoral institutions. It evaluates the role of the Supreme Court of India as a guardian of constitutional morality and democratic integrity whose role has become more and more active in reaction to the institutional failures of the political actors. Though the role of judiciary has been instrumental in increasing procedural protection, accountability, and also bolstering the independence of electoral bodies like the Election Commission of India, it has also been a point of contention over judicial activism and the degradation of representative decision-making. The article critically assesses the role of judicialization as a corrective tool that strengthens electoral democracy or as the tool that undermines political accountability through the democratic choice being replaced with the judicial power.
subject: Articles
  topic: section
subject: electoral democracy
  topic: keywords
subject: judicialization of politics
  topic: keywords
subject: constitutional courts
  topic: keywords
subject: electoral governance
  topic: keywords
subject: political accountability
  topic: keywords
creator: Sayyad Ismail Sayyad Nasir
creator: Tatiana Suplicy Barbosa
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-10-02
publication date: 2023-10-02
starting page: 1
ending page: 9
doi: 10.48161/qpj.v2n4a9

Oil, Isolation, and Institutions: Rethinking Globalisation in Petroleum-Exporting States
type: item
description: Economic globalization and political globalization are generally understood to be mutually reinforcing processes. Countries that are deeply integrated into the global economy through trade, finance, and labor mobility typically possess strong incentives to participate in international institutions, treaty regimes, and multilateral frameworks that stabilize cross-border economic interactions. Political globalization, in turn, enhances economic globalization by reassuring investors and trade partners through commitments to international norms and regulatory cooperation. However, this conventional relationship does not hold uniformly, particularly in the case of oil-exporting countries. Despite being highly integrated into the global economy and exerting disproportionate influence due to global dependence on petroleum imports, many oil-exporting states exhibit relatively low levels of political globalization. These countries often show limited participation in intergovernmental organizations, weak commitment to human rights treaties, reluctance to accept binding arbitration, and minimal safeguards for foreign investors’ property rights. This phenomenon gives rise to what can be described as unbalanced globalization, characterized by high economic integration alongside political isolation. The paper argues that oil wealth weakens the traditional incentives that encourage political globalization, particularly the need to attract foreign investment and secure access to international markets through institutional commitments. While oil-exporting countries do engage selectively in international cooperation, they often prefer ad hoc arrangements over binding governance structures. The analysis further explores the role of OPEC, its diverse behavioral models, and the macroeconomic feedback mechanisms linking oil prices, global growth expectations, and policy responses. By examining historical oil shocks, price volatility, and recent market dynamics, the study highlights how o…
subject: Articles
  topic: section
subject: Economic Globalization
  topic: keywords
subject: Political Globalization
  topic: keywords
subject: Oil-Exporting Countries
  topic: keywords
subject: Unbalanced Globalization
  topic: keywords
subject: OPEC
  topic: keywords
subject: International Institutions
  topic: keywords
subject: Oil Price Shocks
  topic: keywords
subject: Macroeconomic Feedbacks
  topic: keywords
subject: Global Energy Markets
  topic: keywords
subject: Resource Dependence
  topic: keywords
creator: Deepika Kulhari
creator: Tarsis Barreto Oliveira
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-05-02
publication date: 2024-05-02
doi: 10.48161/qpj.v2n3a8

Anti-Conversion Laws in India: Constitutional Validity and Human Rights Implications
type: item
description: This study critically evaluates the constitutional validity and human rights implications of State -level freedom of religion laws commonly known as ant-conversion laws in India within the broader framework of religious freedom. Enshrined in Article 25 of the Constitution of India, which guarantees freedom of conscience and the right to profess, practice, and propagate religion, the research analyses whether such laws impose unreasonable restrictions on this fundamental right. Employing a doctrinal research methodology, the study relies on constitutional provisions, statutory analysis of eleven state “Freedom of Religion” laws, judicial precedents—particularly Rev. Stanislaus v. State of Madhya Pradesh and Sarla Mudgal v. Union of India—and relevant international human rights instruments, including the UDHR and ICCPR. It is found that the states possess legitimate authority to regulate religious conversions obtained through force, fraud or coercion in the interest of public order, several state level anti-conversion statutes contain vague and expansive definitions of terms such as “allurement,” “inducement,” “force,” and ‘undue influence.” Such ambiguity enables potential misuse, restricts voluntary religious choice, and may infringe Articles 14, 15, and 25 of the Constitution. The study further identifies procedural burdens, including mandatory prior notification and reversal of the burden of proof, as inconsistent with the presumption of innocence and the right to freely adopt a religion under international human rights law. Additionally, the differential treatment of “conversion” and “reconversion” raises concerns of discrimination. The research concludes that although preventing unlawful conversions is constitutionally permissible, existing state anti-conversion laws require substantive clarification and reform to ensure compatibility with constitutional guarantees and international human rights standards.
subject: Articles
  topic: section
subject: freedom of conscience
  topic: keywords
subject: allurement
  topic: keywords
subject: inducement
  topic: keywords
subject: fraudulent means
  topic: keywords
subject: international human rights principles
  topic: keywords
creator: Roy Alex
creator: Shampa I Dev
creator: Douglas de Castro
rights: Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-04-02
publication date: 2023-04-02
starting page: 1
ending page: 10
doi: 10.48161/qpj.v2n2a7

Space Mining and the Legal Frontiers of Imperialism: A Postcolonial Critique Using the Novel Dune
type: item
description: This paper analyzes how science fiction, using Frank Herbert's Dune as a case study, reflects on and critiques the imperialist and neo-extractivist ideologies underpinning emerging space governance. Drawing on postcolonial theory and TWAIL, it examines how narratives of colonial conquest, resource extraction, and resistance in fiction mirror real-world space policies. Dune's "spice" serves as an analogy for resource plunder and geopolitical dominance within contemporary debates on space neo-extractivism. The study argues that treaties like the Artemis Accords and private space mining ventures risk perpetuating historical patterns of economic and political subjugation, favoring technologically advanced nations and corporations. By integrating dialectical literary analysis with TWAIL and Marxism, the paper reveals the ideological underpinnings of international space law and questions its potential to replicate Earth's colonial past. The findings underscore the urgent need for interdisciplinary dialogue to ensure equitable and just space exploration, preventing it from becoming another frontier for imperial expansion and resource-driven inequalities.
subject: Articles
  topic: section
subject: Neo-extractivism
  topic: keywords
subject: space mining
  topic: keywords
subject: colonialism and imperialism
  topic: keywords
subject: Third World Approaches to International Law (TWAIL)
  topic: keywords
subject: Dune (1965)
  topic: keywords
creator: Douglas de Castro
rights: Copyright (c) 2022 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2022-02-15
publication date: 2022-02-15
starting page: 1
ending page: 22
doi: 10.48161/qpj.v1n1a1

Algorithms on Autopilot: Bridging the Regulatory Gap in Global Competition Law
type: item
description: We live in the technological age, all our daily activities from shopping, eating, travel, entertainment, healthcare to finding your perfect date is backed by sophisticated technological tools and machines. Markets are digitalized and are increasingly relying on self-learning algorithms to analyze large and complex database, to offer to its customers better products and customized services. They simultaneously facilitate a new frontier of anti-competitive behavior called algorithmic collusion. This article examines the burgeoning 'Liability Gap' where traditional antitrust frameworks, affixed in the necessity of a human meeting of minds, fail to capture coordination achieved through machine learning. Through a comparative analysis of the legal landscapes in the United States, European Union, India, and Russia, this study highlights a global doctrinal crisis. The research finds that self-learning algorithms bypass the conventional ways of collusion create new dimensions of anti-competitive behavior. Therefore, this article proposes a shift from subjective intent to a standard of objective foresight. It concludes by recommending a three-pronged regulatory framework for algorithmic accountability.
subject: Articles
  topic: section
subject: algorithmic collusion
  topic: keywords
subject: antitrust liability
  topic: keywords
subject: machine learning
  topic: keywords
subject: competition act
  topic: keywords
creator: Madhulika Singh
rights: Copyright (c) 2024 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-24
publication date: 2024-12-24
starting page: 1
ending page: 11
doi: 10.48161/qpj.v3n4a31

Legal Compliance and Consumer Protection in the Digital Marketplace: GDPR-Driven Standards for E-Commerce Privacy Policies within the International Legal Framework
type: item
description: The foundation of European Union’s General Data Protection Regulation (GDPR), has played a pivotal role in regulating rapid digitalization of global commerce, bringing in the necessary model shift in digital data governance. The article explores in depth GDPR as a transnational regulatory instrument crucial in enforcing extraterritorial reach of its provisions. Further the Court of Justice of the European Union (CJEU) have through judicial activism and expansive interpretation defined corporate digital responsibility. The article highlights how transcontinental regulation, especially through the ‘Brussels Effect’, GDPR has transformed privacy into a competitive differentiator, through play in market dynamics rather than being enforced through stringent legislations. The article then moves to study the pressure of GDPR’s requirement for autonomous consumer consent and corporate dark patterns that slyly bypasses the regulatory hammer of data sovereignty. The celebrated cases against Meta and Amazon are analysed to illustrate the transition of privacy policies from symbolic disclosures to enforceable legal instruments. Furthermore, the article provides a comparative evaluation of India’s Digital Personal Data Protection (DPDP) Act, 2023, highlighting the normative convergence between the ‘rights-based’ European model and India’s ‘sovereignty-driven’ framework. The cross-national development on the regulation of privacy is emerging, though structural divergences regarding state exemptions and regulatory independence remain the persistent challenges. The article suggests a ‘highest common denominator’ compliance strategy and a shift toward ‘privacy by design’ to navigate this increasingly fragmented international legal landscape.
subject: Articles
  topic: section
subject: GDPR
  topic: keywords
subject: DPDP Act 2023
  topic: keywords
subject: brussels effect
  topic: keywords
subject: E-commerce law
  topic: keywords
subject: data sovereignty
  topic: keywords
subject: consumer protection
  topic: keywords
creator: Madhulika Singh
creator: Tatiana Suplicy Barbosa
rights: Copyright (c) 2026 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-02-13
publication date: 2026-02-13
starting page: 1
ending page: 9
doi: 10.48161/qpj.v5n1a41

INFUSING PCAST METHODOLOGY IN SETTING PROBATIVE STANDARDS FOR EXAMINATION OF FORENSIC EVIDENCE
type: item
description: The PCAST methodology anchors the scientific validity of forensic evidence to ensure that what evidence enters the courtroom is not just persuasive but accurate enough to be relevant and admissible. Crime happens within the contours of closed doors; circumstantial evidence is tested on the cornerstone of cross examination, is only reliable link to establish culpability in criminal offences. The other important piece of evidence which is most relevant is forensic evidence, but whether its scientifically reliable is not is the next pertinent question to be asked to establish the culpability of offenders. In this scenario the Presidents’ Council Advice on Scientific Evidence and Technology (PCAST methodology) is a useful tool, which refers to the 2016 report by the President’s Council of Advisors on Science and Technology in the Unites States of America to establish the scientific rigour and admissibility of forensic evidence in criminal cases. In India, the guiding principle of criminal justice is that even if a thousand guilty individuals are acquitted, not a single innocent person should be wrongfully convicted. Hence, it’s essential that scientifically reliable forensic evidence should be presented in the court of law. The accuracy benchmark introduced by PCAST represents a landmark shift into forensic methodologies. The current state of literature shows an abundance of forensic techniques from fingerprint and bite-mark analysis to DNA profiling but lacks a scientifically validated framework for each kind of forensic evidence which this article lays the need to stress upon. The research relies on a doctrinal analysis of the PCAST report, drawing insights from comparative legal frameworks across jurisdictions and highlights data from secondary empirical studies and concludes by identifying critical gaps for future research to maintain accuracy around all forms of forensic evidence and the urgent need to evaluate and upgrade India’s forensic infrastructure, which rem…
subject: Articles
  topic: section
subject: forensic evidence
  topic: keywords
subject: scientific reliability
  topic: keywords
subject: probative value
  topic: keywords
subject: PCAST methodology.
  topic: keywords
creator: Shreyashi Sah
creator: Elena E. Gulyaeva
rights: Copyright (c) 2025 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-02-08
publication date: 2025-02-08
starting page: 1
ending page: 9
doi: 10.48161/qpj.v4n1a33

Child sex tourism: Expanding the scope of sexual offender legislation
type: item
description: Countries adopt several strategies to attract tourists in a fiercely competitive tourism market. Many travelers prefer visiting nations that offer child sexual services and have weaker legal enforcement mechanisms. This demand for children has exposed children to several risks and made them vulnerable to offences like sale of children, kidnapping, trafficking, sexual exploitation, and pornography. Some countries have legislations that make it a criminal offense to abuse children in other countries. In India, any sexual activity with a child below eighteen years of age is a punishable offense. Indian law also prohibits the buying and selling of children. To combat this type of crime, governments must collaborate with the tourism industry. This research focuses on the legal regime to punish offenders in India.
subject: Articles
  topic: section
subject: child sex tourism
  topic: keywords
subject: trafficking
  topic: keywords
subject: child sexual exploitation
  topic: keywords
creator: Ranjana Ferrao
creator: Peter Ladis Francis
creator: Salvatore Vitale
rights: Copyright (c) 2023 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-02-11
publication date: 2023-02-11
doi: 10.48161/qpj.v2n1a20

INFLUENCE OF NEW MEDIA ON LANGKAWI AS A HERITAGE DESTINATION: A GENDER COMPARISON
type: item
description: This study examines the influence of new media on tourists’ intention to visit Langkawi as a heritage destination, with a focus on gender differences. Specifically, it investigates the effects of social media, online travel reviews (OTRs), and short video platforms on tourists’ decision making and emotional engagement. A quantitative approach was employed, with data collected from tourists who have visited or plan to visit Langkawi and have interacted with new media. Multiple regression analysis indicates that all three digital platforms significantly enhance travel intention, with OTRs showing the strongest effect. The model explains 45.9% of the variance in travel intention, and no multicollinearity issues were detected. Independent samples t-tests reveal no significant gender differences in travel intention. These findings suggest that new media play a critical role in shaping tourists’ travel decisions to heritage destinations, regardless of gender.
subject: Articles
  topic: section
subject: tourists’ intention
  topic: keywords
subject: gender
  topic: keywords
subject: social media
  topic: keywords
subject: online travel review
  topic: keywords
subject: short video platforms
  topic: keywords
creator: Yang Yashu
creator: Ahmad Syarafuddin Shamsul Amri
creator: Rozzana Ihsanuddin
creator: Noraihan Mohamad
rights: Copyright (c) 2026 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-01-23
publication date: 2025-01-23
starting page: 1
ending page: 9
doi: 10.48161/qpj.v5n1a40