International Journal of Law and Policy

Africa at the Table: Reshaping Global Corporate Accountability through Treaty Law

Philippa Osim Inyang — 2025-12-30

This article offers a novel contribution to the literature on global constitutionalism by reinterpreting Africa’s engagement with the proposed UN treaty on business and human rights as a constitutional intervention rather than a peripheral policy role. While existing analyses often depict African participation as fragmented or reactive, this paper argues that African states are advancing a distinct normative agenda grounded in regional legal traditions, particularly the African Charter on Human and Peoples’ Rights, and rooted in principles of solidarity, collective responsibility, and the right to development. Drawing on Third World Approaches to International Law and postcolonial constitutional theory, the article demonstrates that Africa’s regional jurisprudence articulates an alternative constitutional vision of global economic governance, one that challenges the dominance of liberal individualism and the legal insulation of transnational corporations. Through doctrinal analysis of treaty drafts, African legal instruments, and recent developments in the intergovernmental negotiations, the article reveals how African actors are reshaping global legal norms from the margins. In doing so, it repositions Africa not as a recipient of global constitutionalism but as a site of its transformation, an original and under-recognized force in rethinking corporate accountability in international law.

Corporate Governance and Legal Compliance

Akram Wattoo — 2025-12-30

Corporate governance and legal compliance are fundamental pillars ensuring organizational integrity, sustainability, and value creation in the modern business landscape. This study examines the intrinsic link between a robust governance framework encompassing board effectiveness, transparency, and stakeholder accountability and rigorous adherence to statutory and regulatory mandates. It argues that legal compliance is a baseline requirement, while sound governance represents a strategic imperative that fosters ethical culture, mitigates systemic risks, and enhances corporate reputation. The analysis highlights that converging governance principles with compliance mechanisms not only safeguards against legal penalties and financial losses but also builds investor confidence and ensure long-term resilience. In an era of increasing regulatory complexity, integrating governance with proactive compliance emerges as a critical driver for ethical business conduct and sustainable competitive advantage.

The Challenges of Independence of Judiciary

Azeem Dogar — 2025-12-30

Judicial independence is the foundational principle that ensures courts function free from external pressures and influence, particularly from the executive and legislative branches. It is a cornerstone of democracy, the rule of law, and the protection of fundamental rights. This independence operates on two levels: institutional autonomy, where the judiciary controls its administration and finances, and individual autonomy for judges, secured through secure tenure, fixed salaries, and immunity for judicial acts. Its core purpose is to guarantee impartial adjudication, uphold constitutional supremacy, and provide a vital check on governmental power. When compromised, it erodes public trust, enables authoritarian overreach, and undermines legal certainty. Therefore, safeguarding judicial independence through constitutional design, ethical norms, and a culture of respect is not merely an institutional concern but a prerequisite for a just and equitable society.

The Principle of Technological Neutrality into Technological Resilience in an Era of Data Growth and Technology Diversification

Andrey Rodionov — 2025-12-30

The principle of technological neutrality has long served as a cornerstone of digital regulation, mandating that laws neither favor nor discriminate against specific technologies. However, the function of technology has shifted from facilitative to constitutive nature, particularly in crypto assets where technology is integral to creating virtual assets themselves, fundamentally challenging this regulatory paradigm. This article examines the inadequacy of strict technological neutrality when confronting emergent technologies including artificial intelligence, blockchain systems, and quantum computing. Drawing upon comparative analysis of regulatory frameworks across multiple jurisdictions, we propose the principle of technological resilience as a conceptual evolution that maintains non-discrimination imperatives whilst enabling targeted regulatory intervention. The EU AI Act's deviations from technology neutrality, including specific provisions for general-purpose AI models, significantly improved its scope and future-proofness, demonstrating that technology neutrality and future-proof regulation should not be treated synonymously. This research offers a four-pillar framework for technological resilience and assesses its applicability to Uzbekistan's emerging digital economy.

Doctrine and Contemporary Challenges of Parliamentary Sovereignty

Bilal Jathool — 2025-12-30

Parliamentary Sovereignty is a fundamental principle of the UK Constitution. It means that Parliament is the supreme law-making authority and has the power to make, amend, or repeal any law. No other body, including the courts, can override or set aside an Act of Parliament. This doctrine was clearly explained by A.V. Dicey, who stated that Parliament has unlimited legislative authority. Parliamentary Sovereignty also implies that no Parliament can bind a future Parliament; each new Parliament is free to change existing laws. Traditionally, courts must apply laws passed by Parliament without questioning their validity. However, in modern times, this principle has faced certain practical limitations due to the development of judicial review, human rights legislation, and the influence of international obligations. Despite these changes, Parliamentary Sovereignty remains the central feature of the UK constitutional system and continues to ensure democratic control through elected representatives.