Corporate and Commercial Law Forum

LSS’s Corporate and Commercial Law Forum

Submissions are welcomed

THE NEED OF ARBITRATION IN THE FIELD OF SPORTS LAW

ABSTRACT:

Sports field is one of the fields of fame where people were made to express their sportsmanship in order to attaining greatness. But due to the intervention of politics, corruption, drugs, etc the sacredness of sports are put on to a jeopardical situation and when such issues were taken to the judiciary due to the piled-up cases the justice gets delayed which affects the athletes both in terms of career and life. So, in order to avoid such circumstances, the process of Arbitration was used, which is an outside court settlement falls under the ambit of Arbitration and Dispute Resolution.

Keywords: Sports, Arbitration, India, Athlete, ICAS

Authored by B.Jayasuriyan, Saveetha School Of Law.

TO EASE AND REFORM THE LABOUR LAWS DURING THE LOCKDOWN IN INDIA

ABSTRACT:

The perennial images and videos of numerous labourers walking back home with young children and women, having no other means to survive but to go back to their hometown was a catastrophic sight to see for the entire country. That being said it is nothing new that the oppressed class always needs to bear the hardships of life which is ironic considering the existing miserable lives they are leading! Now let’s focus our attention towards the backbone of the industrial sector i.e. the labourers. I shall be emphasizing on the hardships they had to go through during this time and also the legal provisions that were and are available to them. I will also be discussing about how the labour laws could be eased and reformed for their welfare. The reason it is of prime importance not only in relation towards the well- being, but also for the entire country in general, is because if they are not taken care of, economy will cripple in seconds!

Authored by Gagana S, Ramaiah College of Law.

LEGALIZATION OF SAME-SEX MARRIAGE

ABSTRACT:

The LGBT community who suffered the most to carry on their relationships did not grant Constitutional sanctity to legally recognized as married couples and still the marriage between same-sex couples is an offense in the eyes of the Law. Due to their unnatural Love and affection, The LGBT community has faced a lot of struggles, warp and obstacles maintaining the dignity of their relationship. This article is all about the present condition of the LGBT group and why they don’t get any legal recognition for their married life.

Authored by Aman Verma, Bharati Vidyapeeth University.

THE ROLE OF IPR IN PROTECTION OF BIODIVERSITY ON THE INTERNATIONAL LEVEL

ABSTRACT:

The term IPR itself suggests that it was meant for rights to ideas and information in which that are used for the purpose of new inventions or processes and the current paper specifically lies on the ambit of the role of IPR in protection of biodiversity in an international perspective. So, when it comes to biodiversity the major ambient in which this falls on to is environment and on considering such the major issue falls on seeds, plantation, etc., So on analysing such the common aspect with regard to such on IPR are discussed on concerning the existing regimes.

Keywords: IPR, Biodiversity, CBD, TRIPS

Authored by B.Jayasuriyan, Saveetha School Of Law.

THE REPERCUSSIONS OF COVID-19 ON CYBER SECURITY

ABSTRACT:

Every aspect of human life has been devastated due to an unprecedented pandemic. The repercussions are of such great scale that it could not have been anticipated. It has affected lives directly and the living and livelihood indirectly. Not to forget is the fact that the pandemic affected the rich and the poor, it did not spare even the privileged class. Though the nature of damage among each class varied, the impact of it cannot be neglected. One such major impact which was not given prime importance was about the threat of cyber security when the entire world was forced to connect virtually! The sad part is that though technology helped us in connecting, it resulted in being the cause of the greatest threat.

Authored by Gagana S, MS Ramaiah College of Law, Bangalore.

INCREASING ACCESS TO INTERNATIONAL ARBITRATION

ABSTRACT:

International Arbitration continues to be widely chosen as the preferred method of dispute resolution for parties, particularly where matters cross international boundaries. However, with the divergence of cases from open courts to predominantly closed arbitration hearings, questions of transparency have, and will continue to arise. In this article we will discuss what international arbitration really is,  what are the hindrance parties following when they seek international arbitration. Indeed , what this article ultimately seeks to achieve is evaluating the tools and initiative solution for increasing access to international arbitration

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida.

THE REGULATION OF CHILD LABOR UNDER THE INTERNATIONAL LAW

ABSTRACT:

In the world, where the most populated countries, around two in ten children are engaged in child labour. The most observed reason behind it is Poverty and lack of schools. In a country, there are so many families which belongs to below poverty line and that is the only concern for which they push their children to work and earn for their family livelihood. Since there is no way of education for the children who are below poverty line, this major topic, so called “child Labour” has become Headline of every day’s newspaper. This article will give a decent knowledge about how the child labour is increasing in different sectors Internationally and how the international law is implementing laws to regulate child labor.

Authored by: Aman Verma, Bharati Vidyapeeth University.

MENTAL HEALTH AND HUMAN RIGHTS IN THE WORKPLACE

Abstract-

The capacity to work productively is a key component of health and emotional well-being. Common Mental Disorders (CMDs) are associated with reduced workplace productivity. It is anticipated that this impact is greatest in developing countries. Furthermore, workplace stress is associated with a significant adverse impact on emotional wellbeing and is linked with an increased risk of CMDs. This review will elaborate on the relationship between workplace environment and psychiatric morbidity. The evidence for mental health promotion and intervention studies will be discussed. A case will be developed to advocate for workplace reform and research to improve mental health in workplaces in developing countries in order to improve the wellbeing of employees and workplace productivity.

Authored by Pooja Shrivastav, IME Law College.

PROPERTY RIGHTS ON THE MOON AND OTHER CELESTIAL BODIES

ABSTRACT:

In present time, the observations of researchers have said that the people are anxious towards the extension of property in outer space and concerned about the full usage of lands beyond the earth. To rule the activities in outer space, the United nations committee on the peaceful uses of the outer space (UNCOPUOS) has implement so many treaties such as Outer Space treaty, The Moon treaty, The Rescue treaty, etc., Where everyone has the same rights to access the resources and allows them to make claims of ownership of the property in space. In this article, we will discuss about the deals for the tangible property and not for the intellectual property.

Authored by: Aman Verma, Bharati Vidyapeeth University.

AN ESSAY ON POLLUTER PAY PRINCIPLE

ABSTRACT:

The ‘polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. For instance, a factory that produces a potentially poisonous substance as a by-product of its activities is usually held responsible for its safe disposal.

Authored by Preeti Selvam, St Rock College Of Law.

AN OVERALL ANALYSIS ON ENVIRONMENTAL LAW AND POLICIES

ABSTRACT:

Environmental law is based on the rules and regulations which are followed to protect our environment from any kind of health hazards or problems to us as well as the society. The quality of environment has been deteriorating since two decades due to weak policy and rules and the gap between real and virtual achievement of such policies.

Authored by Swapna Sudha Sahoo, SOA Deemed To Be University, Bhubaneswar, Odisha.

Protection of Intellectual Property Rights Through Bilateral Investment Treaty

ABSTRACT:

The incorporation of IP rights in the concept of ‘investment’ in Bilateral Investment Treaties illustrates the significance of many investment operations of securing such intangible assets. In view of the rapid growth of innovative sectors, such as biotechnology and pharmaceuticals, which depend on patent security, IP can be a major strategic advantage and is all the more relevant. The value of patents, trade secrets, trademarks, copyrights, etc in commercial ties between countries is expressed in the incorporation of IP-related clauses in BITs. Although there are relevant provisions in IP, there are also parallels between some sets of arrangements. There are also variations that have significant legal implications.

Authored by Roudro Mukhopadhyay, OP Jindal University.

LOCAL LAWS VS. INTERNATIONAL MARITIME LAWS

ABSTRACT:

This article discusses the relationship between International maritime law and local maritime law from legislative and judicial perspectives. It explains the relationship through India’s implementation of international maritime conventions. The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policy in support of international uniformity to facilitate international commerce.

Authored by Rama Gandhi, NMIMS School Of Law.

UNITED NATIONS CONVENTION ON LAW OF THE SEA

Abstract-

The Ocean is always an important part of our planet earth. Life begins from the ocean itself. The Ocean is vast as it covers 140 million square miles, around 72% of the Earth’s surface. It is the source of food for plants, animals and humans. Moreover, it is also used for the commercial trade, transport, adventure and discovery. Because of its unmeasurable usage, humans have stared using it for their self interest, profit and consumption purposes. In result of it, United Nations conducted 3 conventions to prevent the Pureness of ocean from the mankind. Therefore, the ocean has been divided and 12 nautical miles from the land territory is given to the countries for their usage.

Authored by Kavya Goyal, Prestige Institute Of Management.

REPORT ON MTP ACT, 1971

Abstract-

human life. That is why it has the intervention of law so much. Abortion always has two sides of arguments, one says it represents woman’s “right to choose” whether to continue the pregnancy or to terminate it. The other side argues that it is taking of a human’s life so it can’t vest on one hand. The article firstly gives a brief introduction of MEDICAL TERMINATION OF PREGNANCY ACT, 1971 and after its evolution. This Act has many lacking points which should be there in the present situation, that’s why a Bill; MTP (Amendment) Bill, 2020 has passed by Lok Sabha, the article mentions the highlights of the Bill.

Authored by Kavya Goyal, Prestige Institute Of Management.

A DETAILED NOTE ON TRANSPARENCY AND CONFIDENTIALITY IN INTERNATIONAL ARBITRATION

Abstract-

Transparency and Confidentiality are two procedures in arbitration. Transparency provides for openness, clarity, disclosure, access to information while confidentiality refers to non-disclosure, it is one of the most fundamental reason why parties resort to arbitration. At times, transparency and confidentiality are at odds. Here we will talk about transparency and confidentiality in international arbitration, why is it needed and when should be one of these be resorted to.

Authored by Divyanshi Gupta, Faculty Of Law, Lucknow University.

REPORT ON HEALTH CARE REFORMS IN INDIA

Abstract-

India has a population of 1.3 billion which is the second-largest population of the world. It has been predicted by the UN that India will have the world’s largest population by the year 2024. India has earned the reputation of being one of the fastest-growing economies during the two decades, it is the world’s fifth-largest economy by nominal GDP and third-largest by purchasing power parity. However, the country has to face the challenges with several issues which include maintaining good health. it spends 1.2 % of its GDP on Healthcare sector which is lowest in the world. In the 12th Five Year Plan, the government has increased the spending on health care. And in February 2020, Finance Minister announced certain reform on healthcare which includes an increase in expenditure on the health care services. After that Health Minister; Dr. Harsh Vardhan has also accounted to increase the public expenditure from 1.15% to 2.5% of GDP BY 2025.

Authored by Kavya Goyal, Prestige Institute Of Management.

CHINA’S NEW COSMETICS REGULATIONS PUBLISHED

Abstract-

China has a large cosmetic market. Keeping in view the large market, its growth China released New Regulations on Supervision and Administration of Cosmetics to regulate cosmetic industry. It is a series of rules that govern imports, market entry and sales of cosmetics in China. The new Regulation on Supervision and Administration of Cosmetics will replace The Regulations on Hygiene Supervision of Cosmetics. The new Regulations comprises of 80 articles which consist of six chapters on raw materials, supervision and administration, legal responsibilities and operation and production.

Authored by Divyanshi Gupta, Faculty Of Law, Lucknow University.

ANTI CORRUPTION LEGISLATION IN THE UK –ITS SUCCESS AND FAILURES

ABSTRACT:

to establish intent on the part of a company’s directing mind. The Serious Fraud Office (SFO) has confirmed that there are around 60 ongoing investigations, and additional resolutions are expected with corporates or prosecution under Section 7 of the Bribery Act.

Authored by Preeti Selvam, St Rock College Of Law.

A Detailed Analysis on Digital Piracy in The Contemporary World

ABSTRACT:

Digital piracy rates continue to be growing, indicating that further analysis using new methods is required to assess the problem.In periods of advancement in technology, the industry generating digital content experiences a hard time regulating the delivery of their copyrighted content in use. Demand and availability for digital content are increasing rapidly each year and suppliers still need creativity

Authored by Roudro Mukhopadhyay, OP Jindal University.

BONDED LABOUR SYSTEM IN INDIA: A CRITICAL ANALYSIS

ABSTRACT:

The origin of bonded labour can be traced back to earlier period when the Hindu society was divided into caste structures. The lower caste suffered the most whereas the trusted higher castes were benefitted in every manner. In keeping view with the global Slavery Index, India has been a poor performer as way as less in social control of anti-slavery laws. The explanation for identical are attributed to the underneath resourced judiciary and personnel. However, with the passing times, bonded labour has inflated its’ scope and also the manner it affect the lives of the folks. Typically, the folks from the rural areas particularly the Dalits are lured by the traffickers solely to search out themselves indulged as labourers in factories or operating in brothels against their consent.

Authored by Mithannsh Jain, Christ University.

ENVIRONMENT AND ITS IMPORTANCE IN INTERNATIONAL LAW

ABSTRACT:

As far as specialization is concerned, international law has come a long way from its origins in the application of broad principles.Not only has the number of specializedbodies, instruments and institutions grown under it, but sub-specialties have also developed within. The most important being, environment. This article takes stock of international law with respect to environment and examines its overarching features.It also puts emphasis on how our international law looks at environment as it is a sensitive topic and prioritizes the same.In particular, it discusses some distinctive features of international environmental problems, the state-centric approach to international environmental law, environmental protection, and compliance.

Authored by Rama Gandhi, NMIMS School Of Law.

EMERGING TRENDS IN DIGITAL COPYRIGHT LAW

ABSTRACT:

The ubiquity of the Internet as an excellent and entirely modern intermediary in an all-inclusive human contact worldwide has been a huge problem for the copyright works of lawyers and others. The Internet and computer networks allow more and more individuals to engage in the building of common knowledge, thereby weakening attempts to promote the creators of intellectual property. The Internet allows the almost simultaneous replication of original quality and the global diffusion of copyrighted works at light speed. The above-mentioned intriguing aspect of Internet appears as the most important copying machine in the world. The puzzling and contradictory essence of the digital dilemma is related to the dichotomy between the notion of “information wants to be free” and the apprehension of more recorded information access in the digital setting. This article shall investigate and discuss objectively unindustrialized copyright-protecting problems in the digital world, the emerging trends in this digital copyright law against the aforementioned backdrop.

Authored by Rama Gandhi, NMIMS School Of Law.

Dendias invokes international law in Twitter exchange with Turkish counterpart

Abstract-

Greek Secretary of State Nikos Dendias has reacted to a tweet by his Turkish counterpart on recently urged that him to among them “stop inquiring for facilitate from others” and to “settle our variations equitably.”. “By the means that. There is one issue Mevlut you forgot to mention but again: it’s law. The only real basis for a constructive dialogue regarding our distinction, my dear friend. Happy 2021!” Dendias tweeted. On the preceding day, Cavusoglu reacted to comments by Dendias over the weekend among that he said that the European Council need to have gone any in penalizing Turkey over its prohibited activities among the Japanese Mediterranean. “Dear Niko, here’s some friendly recommendation for the year — stop inquiring for facilitate from others and injuring the Greek people’s dignity. May 2021 be the year once we have a tendency to settle our variations equitably by talking directly, sincerely, and seriously,” Cavusoglu said.

Authored by Urfi Ansari, Rizvi law College.

Social media giants face big fines and blocked sites under New rules on harmful content

Abstract-

The topic of my article evolve around the new laws made in the united Kingdom regarding the penalising the big tech companies for not deleting the harmful or abusive content from there portal. So these big firm should be ready for the big fines from the regulator and the other organisations. This rules may be proven the great steps if they are taken seriously by the government.

Authored by Rohit Khosla, Jindal Global Law School.

Initial Coin And Token Offerings May Engage Securities Laws

Abstract-

The topic talks about the digital market covering through and launching the Initial coin and taken by electronic means, but the reason of it is that lots of offering now are online based model which is raising the issue regarding the securities laws so my article will provide the detail input regarding this.

Authored by Rohit Khosla, Jindal Global Law School.

A COMPARATIVE ANALYSIS OF COMPETITION LAWS AMONG EU, JAPAN AND CHINA

ABSTRACT:

In recent years, many of the countries follow suit to implement competition law. Are there any differences with regards to the intention to implement competition law? Are they driven by similar lines of reasoning? Many of the previous research shed light on one or two countries reasons for implementing competition law. This article compares and contrasts the similarities and differences with regards to the major motives in implementing competition laws/antitrust laws. We first used content analysis to categorize the reasons for implementation of competition law. After that, the reasons mentioned by official websites and academic journals which lead to the implementation of competition laws in different countries like EU, Japan and China is done.

Authored by Rama Gandhi, NMIMS School Of Law.

How Law Regulates Sports- A Brief Analysis On International Sports Arbitration

ABSTRACT:

The sports industry is about more than just entertainment. Instead, it is an industry-created by intertwined partnerships with several separate groups, including players, sports organizations, federations, sports clubs, and so forth. Over the years, the sports market has expanded, and the modern world sports industry is predicted to expand in the next few years to over USD 100 billion. The Court of Arbitration for Sport in Switzerland has been forming the limits of international sports conflict resolution since its foundation. The number of cases taken to the CAS indicates that it works like a global leader in the arbitration of international sports. In addition, the fact that the acceptance of the CAS by the laws of major sports institutions has a considerable effect on the reputation of the CAS in international sports arbitration is unquestionable

Authored by Roudro Mukhopadhyay, OP Jindal University.

A REPORT ON PROTECTION OF RIGHTS OF UNORGANISED LABOURERS IN INDIA

ABSTRACT:

As an unorganised worker play a pivotal role in society, so they need special attention. Most socially and economically deprived sections of the society are engaged in informal economic activities. The government realised the pivotal role performed by unorganised sector in the economy. Therefore, many legislations and schemes are initiated by the government for the benefit of unorganised workers. Further various social security measures provided by industrial units to their employees in the form of pension, provident fund and gratuity. Non-statutory benefits also provided to workers such as medical facilities, food, canteens etc

Authored by Preeti Selvam, St Rock College Of Law.

An Essay On Arbitration Agreement And Doctrine Of Separability

ABSTRACT:

The major argument against the doctrine of seperability is that it refutes the contractual approach to arbitration law. It has been criticized as it takes away the rights of the parties to move to court. Unfortunately, the effect of this doctrine is so wide that the practitioners fail to apply it in its limited context. Arbitration practitioners and scholars often venture out from its restricted context and apply it to generally separate the arbitration agreement from the carrier agreement. This has opened a Pandora’s box for habitual litigants to impede the determination of disputes. As a result of this, parties are burdened with mounting expenses, and the courts are also burdened with frivolous cases.

Authored by Divyanshi Gupta, Faculty of law, Lucknow University.

An Analysis On Merits And Demerits Of Contract Law

ABSTRACT:

Signing of contract means that all the parties have agreed to terms and conditions of the contract, their consent is  free,  hence they accept the legal obligation of the contract. The purpose of contract law is to draft comprehensive terms of agreement, parties obligation, etc. According to legal scholar Sir John William Salmond, a contract is “ an agreement creating and defining the obligations between two or more parties” For the formation of a contract the process of proposal or offer by one party and the acceptance thereof by the other is necessary. This generally involves the process of negotiation where the parties apply their minds make offer and acceptance and create a contract.

Authored by Abhay Singh, University of Lucknow.

CONTRACTUAL AND TORTIOUS LIABILITY FOR PROFESSIONAL NEGLIGENCE

ABSTRACT:

This  article analyses whether, and to what extent, the law permits a choice between finding liability in contract and in tort. The answer to this question is important because the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract or on a violation of a tortious duty.finding liability in tort is not precluded if the damage is caused by or related to the (non-) performance of a contractual obligation. This contribution traces the historical development of these approaches and explains their differences by looking at the underlying structure of these systems of private law. It also shows that the resoluteness of both solutions has softened over time, as a result of judicial and legislative interventions. To support this argument, recent developments in case law and legislation are discussed. In this article . Indeed , what this article ultimately seeks to achieve is evaluating the liability of contractual and tortious in professional negligence

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida

AN ANALYSIS: COMPENSATION FOR PURE PSYCHIATRIC HARM

ABSTRACT:

A tentative claim for nervous shock falls under the head of the psychiatric condition, being an area in tort law, it presented many difficulties for tortuous claims since there is a burden of proof lies on the sufferer to prove of direct involvement to the incident. Since 1924, the judicial body has recognized that a person who suffers a medically-recognized psychiatric harm or illness due to the action or omission of the defendant party, he can recover damages from that person whose negligence is a cause of accident. This article helps to study about the historical aspects, current scenario of psychiatric illness, the compensation covered under the judicial body, evaluates and focuses on primary and secondary victims.

Authored by Aman Verma, Bharati Vidyapeeth University, New Delhi, India.

Pepsi remains ‘Exclusive Distributor’ of Bang Energy Drinks

ABSTRACT:

PEPSI CO. Stood undisputed distributor till the year 2023 of Bang Energy Drinks all over US holding more than 2,00,000 outlets in the United States. The agreement of distribution partnership was entered in the month of April 2020, for the supply of Bang energy drinks by PEPSI Co exclusively. But after a few months the whole deal came into jeopardy for some unknown reasons and the deal came under a dispute in the month of November, in the end Pepsi co stood on top saved the agreement between them.

Authored by Urfi Ansari, Rizvi Law College

The need for corporate backed banks for funding infra and MSMES

ABSTRACT:

This topic evolves around the backed bank for the funding of the infra and MSME in our country the reason for this is that the public sector and the fund by the government are not enough to boom the growth in this sector. The policy change, by the RBI is required to be change so that, we can allow the private sector to invest in our country, but the current banking reforms are not allowing it to do it. In this article I will cover the need of it

Authored by Rohit Khosla, Jindal Global law School

The Pandemic Is Widening a Corporate Productivity Gap

ABSTRACT:

The topic evolves around the corporate productivity gap due to pandemic around the world many countries have seen the worst productivity gap in their corporate culture and some has seen the good result despite the Covid-19. Many companies who have developed the exact policy for their work from home culture and making their employee better and give them the work activities and other thing have done the good at making the productivity good scale but some cases who did not have taken care of the policy of the productivity of the work from structure or time management has phased the major issue of the productivity. My article will give you the right on this productivity gap of corporate in this pandemic.

Authored by Rohit Khosla, Jindal Global law School

The Troubled Relationship between the Tenant and the Landlord during the COVID-19 Pandemic and its Repercussions

Abstract:

The COVID-19 pandemic is the worldwide pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). , which originally emerged from China . The government has lay down certain restriction like lockdown and social distancing for containing spread of disease.As a result of governmental restriction and preventative social measures commercial landlord and tenant are now facing complete or partial shut of business operation .It not only affected economic and organisational norm but also deeply affected our relationship both interpersonal and social. Many tenants are facing financial crisis due to Coronavirus and are not able to pay rent. When the tenant default on rent, the landlords suffer and might not be able to meet their own financial obligation such as making the mortgage payments on the rental property, electricity and water charges, insurance, maintenance, property tax, etc.The relationship of any tenant-landlord/ lessee- lessor relationship is pure and simple a contractual relationship based on the free will of the parties ( where the monthly rental happens to be below a specified amount and such a relationship being governed by the various provisions of the Rent Control/ Regulation Acts enacted by various States are situation of exception). This relationship is governed by the contract between the landlord and the tenant which when brought down into writing, forms the Rent Agreement/Lease Deed (Agreement). This Agreement/ Deed is largely governed by the various provisions of the Indian Contract Act, 1872, inter alia and particularly with respect to offer, acceptance, consideration, term, breach and frustration of contract.

Authored by Jyothi Pathak, Gautam Buddha University, Greater Noida.

The Effect of Coronavirus on Mergers and Acquisition

Abstract:

The COVID-19 crisis is extraordinary in both its humanitarian and economic impact, but history suggests how M&A will play out. While the M&A market has contracted, companies that are making M&A moves typically outperform those that do not. Forward-thinking leaders need to act now to rebalance for risk and liquidity, while assessing opportunities for resilience  and growth coming out of the downturn. The Coronavirus crisis has shaken all aspects of human life from their physical well-being to financial stability. These last 9 months since march has been very crucial for conglomerates and SMEs alike. The demand for consumer goods dropped severely triggering solvency challenges among business owners, the non-performing assets of banks sharply rose due to bad living conditions affecting the overall interest rates, and demand for oil fell significantly causing trouble with OPEC supply. We have recovered from economic crises and pandemics earlier as well but the consequences of Covid are still unfolding every day. Businesses are facing the dilemma of uncertainty in the economy, which right now is, more than ever. The consequences are also majorly felt in the Mergers and Acquisitions industry (M&A) as expansion potential is underpowered by the right to life. Companies are prioritizing investing in the well-being of their employees and adjusting to the new way of life than acquiring a new business.

Authored by Devang Bhatia, Guru Gobind Singh Indraprastha University.

An Overview On Patent Rights And Action To Be Taken On Patent Infringement

Abstract:

Infringement of a patent means infringement of the exclusive rights granted by the patent. Under Section 48 of the Patents Act, 1970 the patentee has the exclusive right to prevent any third party, without his consent, from making, using, offering for sale, selling, or importing for those purposes the patented product; or in case of a process patent, the exclusive rights to prevent any third party from using that process and from using, offering for sale, selling, or importing the product obtained directly by the patented process.
In India, the duration of each patent is 20 years from the date of filing the patent application, irrespective of whether it is filed with provisional or full specification. However, in the case of requests submitted under the Patent Cooperative Treaty (PCT), the 20-year period begins from the international filing day.
Patent can be qualified only if all three criteria are fulfilled respectively i.e. of Novelty, Inventive Step and being Capable of Industrial application, failure of any of the three will result in the patent as unqualified and thus, the application for the same will be rejected.

Authored by Preeti Selvam, Mumbai University

The Pandemic Is Widening a Corporate Productivity Gap

Abstract-

The topic evolves around the corporate productivity gap due to pandemic around the world many countries have seen the worst productivity gap in their corporate culture and some has seen the good result despite the Covid-19. Many companies who have developed the exact policy for their work from home culture and making their employee better and give them the work activities and other thing have done the good at making the productivity good scale but some cases who did not have taken care of the policy of the productivity of the work from structure or time management has phased the major issue of the productivity. My article will give you the right on this productivity gap of corporate in this pandemic.

Authored by Rohit Khosla, O.P.Jindal

The Social Security Measures and their relevance in Labour Legislations

Abstract-

Ancient Indian Literature ‘Manusmrithi’ mentioned about codes for the protection and safety of the people. The concept of Social Security was associated with the Hindu Joint Families which was the ‘Original Cell of Security’ and ‘First Line of Defence’ against any misfortune. Then in Vedic period ‘Guilds’ a group of merchants or artisans worked during calamities for the security of life and property. Organized Social Security Measures in statutory form are of recent origins a key factor in Industrial system to protect employees and their dependents against contingencies like disability, sickness, employment injury and unemployment. The Industrial Programmes based on the ideals of human dignity and social justice will relieve the anxiety of the poor labours through financial benefit and medical care. Social Security as a National Programme aims to reduce Social sufferings due to Poverty, Unemployment and Intensity of Diseases. The Schemes for Provident Fund, Medical Insurance, Maternity Benefit, Compensation and Gratuity are useful in India. The efficiency, extent of coverage, finding suitable policy and approaches to strengthen the delivery system according to priorities through planned justice for inclusive growth is the need of the day. This paper describes about the implications of various social security benefits provided to the labours in India.

Authored by Pooja Heda, KES Jayantilal H Patel Law College.

Rising Legal issues and Challenges for E-Contracts

Abstract-

Due to the development of the technology the usage of E- contracts was found to be high. But usage of such contracts without adequate legal framework will definitely lead to jeopardy and work counterproductive to the business. In India, The Indian Contract Act, 1872, The Information Technology Act, 2000 and The Indian Evidence Act, 1872 plays a vital role in determining the validity of the e-contracts. And the major issues on e – contracts arise pertaining to capacity to contract, free consent, applicability, authenticity and confidentiality. Though the Indian legal system adequately addresses the issues of such, the situation gets elevated day by day with the development of technology.

Authored by Jayasurian.B, Saveetha School of Law.

Insider Trading and The Unfair Trade Practices

Abstract-

Insider Trading is an Unfair Trade Practice which has caused quite a stir all over the world. Many public entities are deceived by a trader who deals with diverting information to gain illegal profits. This article talks about the laws enacted by the countries to deal with the situation and how the authorities are functioning with accordance to these laws.

Authored by Sharyu Rumde, School of Excellence, Mumbai University

The Thriving Dispute of Corporate Fraud and it’s Supremacy Over Other White-Collar Crimes

Abstract-

Corporate Fraud has always been side-lined by our society as the impact of it, is not understood by many. The media has always given more attention to blue-collar crimes as they hold the attention of people more than white collar crimes. Most of the people believe fraud to be a part of business and don’t realise the consequences which will affect them. Being unaware about such topics makes a person vulnerable to these crimes as unlike other crimes, corporate fraud can affect any number of people. The social and economic effects of Corporate Fraud is immeasurable as the number of people affected is enormous. Fraud has been present in our world since time immemorial, even with proper laws corporate fraud has not shown any intention of slowing down. It has quickly spread its wings aggressively affecting our global economy. The influential people are mostly behind these frauds which makes it difficult to detect it or find any evidence relating to it. Hence there is often no conviction in these cases. The prevention of these frauds in the earlier stages is of utmost importance to make sure the company is safe from fraudulent activity. Corporate Fraud is a very serious issue and it should be treated as such before it becomes a norm for employees or executives to participate in unethical ways to gain more money. Some of the cases of Corporate Fraud such as Enron scandal or the Saradha group scam are good examples to understand the seriousness of this crime. This article briefly explains the effect of corporate fraud in our world economy with the help of some well-known corporate frauds which have previously done some serious damage to the respective country’s economy which in turn affected the economy globally.

Authored by A. Keerthikah, SOL, Mumbai University

How Illegal Business Practice is Anonymously Justified by Legal Means

Abstract-

This article studies about “ Flag of Convenience and its repercussion on seafarers”, following that this article will include brief introduction with historical view of it , how its convenience are very much inconvenience for labor or common people and for welfare of state . Its impact on seafarer and what are the laws for the preventions, proponent and consequences of the process with a clear conclusion .

Authored by Shristi Singh, Amity University.

A Global Perspective on Product Liability

Abstract:

Product Liability is an emerging law which deals with protecting the rights of consumers. Many times, manufacturers or suppliers sell a defective product which ends up harming a consumer, this field of law makes sure that such harm caused doesn’t go unnoticed and a consumer is compensated for the loss caused to him. Under this law, the sellers are held liable for providing such faulty products/services. This article focuses on the global perspective of product liability by studying the laws enacted by different countries and their applicability to the affected parties.

Authored by Sharyu Rumde, School of Law, University of Mumbai.

Indian Maritime Law

Abstract:

India has a long history of dealing with the sea and has a distinct tradition of many years of trade and commerce within and beyond its territorial borders. The history of the Indian Ocean dates back to the 3rd millennium BC when many ships sailed from India to and from India. Therefore, although there is no codified law as it exists today, customs and regulations relating to the sea and maritime activities have existed since ancient times. This article analyses Maritime Law in India and the law on ship arrests, including the jurisdiction of ship arrests in India, permissible arguments, and procedural issues. Prior to independence, maritime law in India was governed by the British Government. Coastal Vessels Act, 1838, Inland Steam Vessels Act, 1917, Admiralty Crimes (Colonial) Act, 1849, Indian Registration of Ships Act, 1841, Indian Ports Act, 1908, Shipping Control Act, 1947 with various aspects of the sea in India.

Authored by Rupa Paul, Amity University, Kolkata.

Demerger Regulations in India

Abstract:

“Demerger” can be defined as the division or division of a company into multiple companies. New, transferable companies do not have to be parental corporations that have been split or disbanded. The New Oxford Dictionary defines “demerger” as “to divide a large company into two or more entities.”Justice NV Balasubramanam noted that the Dismissal Scheme is a corporate partnership in two or more areas, thus retaining some of it and transferring the rest to the company or companies to which it has led. It is a business plan. The term ‘demerger’ is not defined in the Companies Act, 1956.

Authored by Rupa Paul, Amity University, Kolkata.

Big Data: As a Hot Topic

Abstract:

The advent of technology and internet forums has accelerated global economic growth. This greatly facilitated the process of collecting, processing and spending money on price trading in the hands of large companies and start-ups. Often referred to as ‘big data’, this concept calls for a large amount of high-quality data collected and processed by computer software to produce unique data for high-value commercial data. whether big data use affects market competition. Even under compulsory provision, access to big data can lead to unethical behaviour. For example, large businesses need to enter into special agreements with data companies’ analysts and data providers to gain competitively competitive data. They can also predict the market by making it difficult for their users to use or accept their competitors’ platform.

Authored by Rupa Paul, Amity University, Kolkata.

GST Consumption Based Tax

Abstract:

Tax goods and services (GST), the category tax applied to the various categories of goods and services are recognized as one of the most significant changes in indirect tax in India. GST is said to be a tax based on location or usage. Therefore, the location of use will determine the State that will collect the tax. Basically, taxes can be based on the origin or the source. Real estate tax or production tax is levied on the production of goods or services. Local taxes or usage taxes are levied on where goods and services are confiscated. In the area of tax-based taxation, estimates are allowed for non-existent tax rates, and the estimates are taxed in accordance with domestic production. Therefore, in terms of existing tax law, the collected SGST will generally increase in the State where the consumer of goods or services sold resides and not in the State where the goods are manufactured.

Authored by Rupa Paul, Amity University, Kolkata.

Resolution of Abuse of Dominance Cases

Abstract:

The enactment of the Competition Act, 2002 (the Act), the principal legislation governing compe-tition law in India, along with the establishment of the Competition Commission of India (CCI) as its chief enforcement authority, has been one of the biggest game changers in the Indian regulatory space. As with competition regimes in mature jurisdictions, India’s competition law covers the regulation of anticompetitive conduct, abuse of dominance and unilateral conduct, and combi¬nations. This chapter focuses on the enforcement of provisions relating to abusive conduct of enterprises and explores the evolving trends in this area.

Authored by Parth Bathla, FIMT, GGSIPU, Delhi.

Securities Law and Cross Border Regulations

Abstract:

This research paper provides an overview of commercial law that deals with securities law and cross-border regulation. The article deals with securities law that talks about the history of the U.S federal system. The article conveys the Securities and Exchange Commission (SEC) that enforced the securities law. The article also discusses the regulations of cross border and cross-border enforcement to facilitate cross border transactions.

Authored by Divya Bothra, VITSOL, Chennai.

EIA 2020

Abstract:

Environmental assessment is taken up in this exercise as a rapid assessment technique for determining the current status of the environment and identifying impact of critical activities on environmental parameters. EIA is a relatively new planning and decision-making tool first enshrined in the United States in the National Environmental Policy Act of 1969. It is a formal study process used to predict the environmental consequences of any development project. EIA thus ensures that the potential problems are foreseen and addressed at an early stage in project planning and design. Creation of Environmental Impact Assessment (EIA) system is vital to conform socio-economic development projects to environmental safety and thereby ensure sustainable economic development. In view of the fact that development is an ever-growing process, its impact on the environment is also ever increasing, leading to rapid deterioration in environmental conditions.

Authored by Parth Bathla, FIMT, GGSIPU, Delhi.

A STEP TOWARDS ENHANCEMENT OF CORPORATE GOVERNANCE: PROVISIONS FOR FRAUD

Abstract:

The article is on one of the most important and emerging areas of jurisprudence in corporate law that is on the issue of corporate fraud. Its contribution in strengthening the corporate governance structure of the country is analysed. Whenever the headlines about corporate fraud surface, the trust reposed in the corporate entities gets affected. It therefore, becomes pertinent to note how the corporate law deals with this menace of fraud that has permeated in to the transactions and leads to lowering down of confidence of investors and shareholders.

Authored By Rishab Aggarwal & Harshil Vijayvargiya, Gujarat National Law University.

A Comprehensive Approach to a Successful M&A Deal

Abstract:

Corporate Law is one of the booming fields of law and mergers and acquisitions form the heart and soul of this area of practice. In an ever competitive market, it is very crucial for big corporates to make their presence felt. As a result such firms constantly look for opportunities to expand their business and consolidate their market power. As easy as it seems from the outside, it is an extremely arduous task to successfully execute an M&A deal. There are various factors that are taken into consideration and they need to be carefully negotiated by both the parties. This paper aims to provide a detailed insight into the important issues that are connected to an M&A deal and how they can be effectively negotiated to ensure the overall success of the transaction.

Authored By Aditya Kasiraman, Bharati Vidyapeeth (Deemed to be University), Pune.

LABOUR LAW In Covid-19 Times

Abstract:

In recent times we have seen that centre government and many state government have passed the ordinance to suspend labour laws so that the economic activities are back on track and the economy can recover from the recession that is going in the country at the present and Covid-19 has only worsen the situation for the labours and the working class. In India there is no single act or code that are governing the laws of labour. Some of the major laws that are governing the labour laws are the Trade Unions Act, 1926 Minimum Wages Act, 1948 Payment of Wages Act, 1936 and many more so let us take a look at history of labour law in India Weather or not the labour law in India are that of the International standard and how The current situation of Covid-19 will effect the laws in India

Authored By Ansh Kumar, Gujarat National Law University

Trial by Media in India

Abstract:

The media has been a major source of freedom of information, freedom of speech, and expression. However, the media is also one of the worst offenders of privacy rights through investigative journalism. The Constitution of India guarantees that a fundamental right is guaranteed in terms of a legal obligation and not as a political right. There are basic human rights and have been interpreted as political, economic, social, and cultural rights. Encouraging words in honor of the Indian Constitution begin to give a clear idea of ​​the freedom of thought and expression within the liberty. One article saw the importance of freedom as it has always been the fundamental rights of the Constitution as the term Liberals comes after justice and before equality in the Preamble and, it seems, is in line with John Rawls’ twin policy. Article 19 (1) (a) of the Constitution of India provides for freedom of speech and expression. Media freedom can be found under this heading.

Authored By Rupa Paul, Amity University, Kolkata.

Cryptocurrency: The Digital Coin

Abstract:

A three-judge panel of the Supreme Court set aside a protest rally issued by the Reserve Bank of India (RBI) barring any organization from providing banking services to anyone dealing with crypto or cryptocurrencies. The apex court did so on the grounds that the ban, which applies to all RBI-controlled facilities, was unequal.Judgment itself is designed as a film show – complete with flashback, backgrounds, conspiracy and climax – and is designed to be read by heart. Interestingly, on page 172 of the 180-page decision, the apex court actually appears to be referring to the support of the central bank circle.

Authored By Rupa Paul, Amity University, Kolkata.

Link Legal: India Law Services

Abstract:

State and social power and structure are based on theories and principles of conduct constitute the operation of public law. The National Competition Policy will be the Second Wave of changes that make the competition regime stronger and more efficient. Twenty years ago something was important changes seen in the Indian market. The benefits of the Factor flow control environment are many and are manifested in various areas such as telecom transport and manufacturing.

Authored By Rupa Paul, Amity University, Kolkata.

Intersection between IPR &Competition Law

Abstract:

Under the competition act 2002, the main objective is to prevent any kind of practices which cause adverse effects on the competition in promotion of competition in markets and to protect the interests of the buyers and can even ensure that there is freedom of any trade which is carried on by the participants in the market.

Authored by Nishtha Kheria and Varun Vikas Srivastav, Amity Law School, Noida.

Tax Rebate Policies To New Companies in Union Budget

Abstract:

The critical authorities announced tax alleviation for startups as part of its efforts to boost the ecosystem within the united states. Accordingly, the turnover restriction and eligibility period for startups to say tax comfort were accelerated. Startups with turnover of up to Rs one hundred crore can now claim 100 percentage deduction on their earnings for computing tax legal responsibility for three consecutive years out of 10 years due to the fact that its incorporation, Finance Minister Nirmala Sitharaman stated in her Union Budget speech in Parliament. That’s subject to the condition that the startup’s turnover doesn’t exceed Rs 100 crore.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

The Role Of IP In Sports In India

Abstract:

Commercialization of Sports is one of the most promising areas which have added to individual gains and contributed to the economic growth of the country. Today Intellectual Property Rights are used as marketing tools toward the branding of games and connected events, sports clubs, teams, celebrity status which all in turn require protection to prevent any complications that may arise in future. In the sports industry, a sequence of title has relevance in sports agreements which incorporate the legal release of the talent of the sportsman, in order that their work, images, personality rights, etc., can be used by another for profit. This article examines the role of IP in sports.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

The Implementation Of pre-packaged Insolvency in India

Abstract:

Pre-packs are mechanisms encouraging concerned stakeholders in the restructuring process to mutually negotiate the terms of restructuring, generally prior to the commencement of insolvency proceedings. While the parties can agree for a mutually cognizant resolution plan, it is expected that the formal recognition to the said plan would be given by the court. This might be a novel mechanism for restructuring in India, but it is already prevalent across many jurisdictions like US, UK, France and Germany. This paper examines the entire end in view for implementing pre-packs in India.

Authored by Anuj Goel, MAIMS, Delhi.

Mergers and Acquisitions in India

Abstract:
In merger the acquiring company takes over the assets and liabilities of a merged company. All the combining companies dissolves and only one large company is set for operations. Acquisition is a more general term, enveloping in itself in a range of acquisition transactions. It could be acquisition of control, leading to takeover of a company. It could be acquisition of tangible assets, intangible assets, rights and other kinds of obligations. This article gives a brief introduction about the mergers and acquisitions in India.

Authored by Anuj Goel, MAIMS, Delhi.

Rethinking the role of Intellectual Property in Corona crisis

Abstract:

India’s reputation because the ‘pharmacy of the arena’, which changed into stated by using the Supreme Court in Novartis vs UOI in 2013, is affirmed once more. Back in 2001, throughout the HIV/AIDS outbreak, the price of treatment for AIDS become an not possible $10,000 per patient for one year, which turned into decreased to $400 via Indian pharmaceutical groups. By providing at 4% of the original fee, to Africa, tens of millions of lives had been stored. India maintains to manufacture and supply priced medicines and diagnostic kits matching worldwide standards for malaria, tuberculosis, HIV, hepatitis B and C, dengue, chikungunya, SARS, H1N1 and so forth.The novel coronavirus outbreak is a crisis that the sector has no longer witnessed for a century. Diseases want prevention, diagnostic, control, and healing mechanisms.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

A digital strike in India to secure Sovereignty

Abstract:

30 June 2020 Indian Government imposed a ban approximate 59 China apps popular in Indian youths like Tik Tok (short video platform), UC Browser, Share It (file sharing app), and Cam Scanner, ( i OS and Android devices to be used as image and document scanners). Such type of ban on social media, books or movies should trigger a debate on its legality. India’s social virtual platforms are mostly different from developed countries like UK or USA where freedom of speech is held Supreme. In the Constitution of India ‘freedom of speech’ is given to citizens with limitations and every citizen of India is bound by these limitations. Although such ban on social media platforms could impede foreign direct investment and affect the expansion of the expansion of Indian digital policies, various cyber libertarians have advocated that sovereignty of states must be maintained. Hence, it is the obligation of states to plan national and worldwide law to oversee the internet. Barely any issues in overall relations are as flawed as the use of intensity and the genuine framework that legitimizes a state’s usage of intensity in self-insurance.

Authored by Anjali dixit

Once Upon a Contract: Performances in the COVID-19 Era

Abstract:

Life is inherently risky; so is business. Contracts embody the risk of the foreseeable future. However, can one allocate risk to mitigate the unanticipated? Is there a mystical way to undercut losses one cannot foresee? No one is better placed to answer these questions than the All England Lawn Tennis & Croquet Club Limited (‘Club’). The Club had the foresight to purchase pandemic insurance for the Wimbledon tournament every year since 2003 suspecting the recurrence of an illness like SARS.[1] Lo and behold, come 2020, it was all to pay off. The Club received an insurance payout of £141 million on canceling the Wimbledon tournament due to the unprecedented disruptions caused by COVID-19. Other sectors have unfortunately not been so lucky. Surely, paying millions in insurance premiums to mitigate the risk of something inherently uncertain may not constitute good business sense for all. Therefore, we must ask whether intelligent contract drafting can save the day.

Authored by – Mudita Gairola & Skanda Shekhar, Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur, India

A Step Towards Enhancement Of Corporate Governance: Provisions For Fraud

Abstract:

The article is on one of the most important and emerging areas of jurisprudence in corporate law that is on the issue of corporate fraud. Its contribution in strengthening the corporate governance structure of the country is analysed. Whenever the headlines about corporate fraud surface, the trust reposed in the corporate entities gets affected. It therefore, becomes pertinent to note how the corporate law deals with this menace of fraud that has permeated in to the transactions and leads to lowering down of confidence of investors and shareholders.

Authored by Rishab Aggarwal & Harshil Vijayvargiya, GNLU

RELATED

THE CONCEPT AND CHALLENGES OF INTERNATIONAL HUMANITARIAN LAW

ABSTRACT:

In this article I intend to cover the crux of International humanitarian Law. I will be focusing on the major reasons that led to the formation of law and how through the course of time the civilians have been affected. I will be giving a brief insight into the various conventions and treaties. Also through the course of the article I will be discussing on the effectiveness of this law as well as the challenges that it is put through in the current scenario. My conclusion would state the effective measures to be adopted to combat the challenges of the same

Authored by Gagana S, Ramaiah College of Law.

THE EFFECTIVENESS OF THE REMEDIES FOR COPYRIGHT INFRINGEMENT

ABSTRACT:

Copyright law shields makers of unique material from unapproved duplication or use. For a unique work to be ensured by copyright laws, it must be in unmistakable structure. In the U.S., crafted by makers is ensured by copyright laws until 70 years after their demise

Authored by Devang Bhatia, Delhi Metropolitan Education, GGSIPU.

The Gulf Of Guinea And The Challenges To Enforce The Maritime Laws For International Security Implications For Sea Transport

Abstract-

The Gulf of Guinea (GOG) is constituted of the continental coastline in which that borders the Atlantic Ocean and it is about 2.35 million km² in length (appx) and it provides an economic theater to both the coastal and landlocked African countries and it plays an important role on International shipping and also for the business communities in worldwide. But due to the security issues in which that is present in the Gulf of Guinea (GOG) the global business communities are under jeopardy and inorder to resolve such numerous international instruments are making its efforts by executing more regulations

Keywords: Gulf of Guinea (GOG), Security, Global business community, Shipping

Authored by B. Jayasuriyan, Saveetha School Of Law.

DO CURRENT MARITIME LAWS EFFECTIVELY SAFEGUARD MARITIME SECURITY?

ABSTRACT:

The sea has consistently been a significant wellspring of nourishment for the existence it produced, and from most punctual written history it has additionally served exchange and business, experience and revelation. It has isolated and united individuals. The law of the ocean is an assemblage of customs, deals, and peaceful accords by which governments keep everything under control, efficiency, and serene relations on the ocean. Safeguarding of the Seas is not just a legal soup but a fundamental responsibility.The ocean produces over half of the world’s oxygen. Many medicinal products come from the ocean; many economic benefits come from Oceans.

Authored by Author: Devang Bhatia, Delhi Metropolitan Education, GGSIPU.

RELIGIOUS FREEDOM AND EQUALITY: INTERCULTURE ENCOUNTERS AND CONTINUING CHALLENGES

ABSTRACT:

In this article, I am going to explain about what is cross border partnership and collaboration How does it works? What does it really imply? How to it is beneficial for other countries? About India’s Partnerships, if any. About the results of cross border partnerships in detail and rules regulations and procedure of it. I am also going to talk about the challenges faced by the country for it.

Authored by Pooja Heda, Kes Jayantilal H Patel College Of Law, Mumbai

ONLINE BULLYING AND ITS LEGAL ASPECTS WITH RESPECT TO THE INTERNATIONAL LAW

ABSTRACT:

n present time, the observations of researchers have said that the people are anxious towards the extension of property in outer space and concerned about the full usage of lands beyond the earth. To rule the activities in outer space, the United Online bullying has severe psychological and legal consequences for the world. Online bullying is an aggressive and intentional behavior over the internet against people who cannot easily defend themselves. The two phenomena may have negative consequences for the physical and psychological health of the victims. Lots of country make a law against online bullying, it does not only victim harass physically, but mentally also. As the use of Internet increases the problem from it also arising. Government and judiciary have to take a look on make a law against online bullying so that people could understand about these.

Authored by: Pooja Shrivastav, IME Law College.

INTERNET PIRACY AND COUNTERFEIT PROBLEMS

ABSTRACT:

Internet piracy and counterfeiting problem continuous to spread the world. In this article we used cyber crime cases methods to study the effect which underlines calls for stringent anti-piracy measures, namely that infringement had detrimental impact on our societies. we also discuss how to crack internet piracy method like phishing, pharming, spyware, cyber crime under IT ACT 2008. Internet piracy is illegal or immoral and punishable in India and different countries like India take strict action against internet piracy. And make some laws to punishment if someone do like this type of activities. like this article mention some cases like a look-alike website, cyber crime, bazee.com case, bomb hoax mail, the bank NSP case, Andhra Pradeshtax case.

Authored by: Pooja Shrivastav, IME Law College.

EFFICIENCY OF INTERNATIONAL TRIBUNALS ON WAR CRIMES

ABSTRACT:

There exist numerous road blocks in effectively managing war crimes by international forums, the efforts during this behalf are noteworthy. The concept of establishment of anInternational Tribunals is itself an accomplishment, yet a challenge not only to the justice system in itself, but all the member states of the globally. The tribunals haven’t proved to be entirely efficient in managing war crimes. Nevertheless, with modifications within the functioning of those tribunals, the concept of world co -operation in bringing criminals of war crimes to trial cannot be far-fetched amid this period.

Authored by Mithannsh Jain, Christ University.

Effect of COVID-19 on Refugee Camps and their Livelihoods

Abstract-

The COVID-19 pandemic has spread rapidly and widely; the volume of cases worldwide has now surpassed ten million.Several governments reacted with an escalating spectrum of strategies including extensiveindustry and border closures. While some countries are cautiously starting up to emerge from their lockdowns, some form of containment regulations are likely to continue in place in several countries for the future months.

Authored by Abhay Singh, Lucknow University

Space Tourism And Its Legality

Abstract-

The advent of space tourism demands the law of outer space to change according to the recent developments and participation of private players. Lack of legislation caused much perplexity on position of space tourist. The legal aspects of authorization, liability, registration, etc. and their impact on space tourism have been discussed. With the emergence of efficient legislation, there is massive potential that space tourism with witness great opportunities with enhanced cooperation across the globe.

Authored by Divyanshi Gupta, Faculty Of Law, Lucknow University.

A Brief Analysis on Rio Declaration on Environment and Development

ABSTRACT:

The Rio Declaration on setting and Development could be a document that defines principles for the connection of states to every alternative and therefore the relationship between states and their citizens within the field of setting and development. it absolutely was adopted throughout the 1992 united nations Conference on setting and Development, that is additionally known as the earth Summit. RD consists of 27 principles that build upon the concepts from the Stockholm Declaration of the 1972 international organisation Conference on the Human setting. The Declaration adopted a group of principles to guide future development. These principles outline the proper of individuals to develop, and their responsibilities to safeguard the common setting.

Authored by Mithannsh Jain, Christ University.

Private International Law Bill,2020

Abstract-

The Private International Law Bill,2020 deals with dispute arising across borders, providing guidelines by resolving desperate situation with the compliance of the Hague Convention providing aid to cross country cases in the interest of Justice. The object of this law is to deal in the jurisdiction of foreign element by providing help to the child to wrongfully taken by one of the parents in different jurisdiction altogether or parents residing in two completely different countries dealing in the interest of the child under arrangements and divorce, in cases of commercial transactions this act provides help with regard to different country with different jurisdiction. The scope of this law enables simplicity in case of conflict between different provision holding this law as a guide for judiciary in disposal of disputes.

Authored by Urfi Ansari, Rizvi law College.

MALPRACTICE ARBITRATION REPLACEMENT INTRODUCED GUAM

Abstract-

Therese Terlaje and TeloTaitague reformed much awaited medical malpractice claims law with the addition of pre-trial screening to the whole process without touching the arbitration part of it. The Medical Malpractice Mandatory Arbitration Act requires arbitration for malpractice claims before the matter can be taken to court. Superior Court of Guam Judge Arthur Barcinas stated in one case that the act “places a burden of keeping malpractice insurance premiums low and maintaining affordable health care on one small and vulnerable sector of society, namely non-wealthy victims of medical malpractice.”

Authored by Aarushi Sharma, NLU, Shimla.

INDIA TO STUDY CAIRN ENERGY ARBITRATION AWARD

Abstract-

UK’s Cairn Energy Plc has won an arbitration against the Indian government levying 10,247 rupees in retrospective taxes. The tribunal asked India to pay the funds withheld along with the interest to the Scottish oil explorer for seizing dividend, tax refund, and sale of shares to partly recover the dues. Cairn had challenged the Indian government seeking taxes over an internal business reorganisation using the 2012 retrospective tax law, under the UK-India Bilateral Investment Treaty. The three-member tribunal, which also comprised of a judge appointed by the Indian government, ruled that India’s claim of ₹10,247 crore in past taxes over a 2006-07 internal reorganisation of Cairn’s India business was not a valid demand, sources said.

Authored by Aarushi Sharma, NLU, Shimla.

A BRIEF ANALYSIS ON HUMAN RIGHTS IN RELATION WITH INTERNATIONAL LAW

ABSTRACT:

For a long time immemorial international relations are regarded as a kind of playing field for states where the common human beings are subordinated to each state through social contract. IR are needed to understand the relations between states whether it may be conflictual or cooperative. After second world war the human rights have increased, also theses theories have provided some helpful incentives to study human rights. The role of human rights in international law is common just to achieve justice. It might seem quite difficult as nobody knows how justice is to achieved, what it is, if it is good enough to pursue etc. International Human Rights Law is basically state- centred. This is a problem in cross border such as transboundary environmental harm, and transnational surveillance, which is amended to human rights claims.

Authored by Swapna Sudha Sahoo, SOA Deemed To Be University, Bhubaneswar, Odisha.

A Brief Overview On Stockholm Declaration

ABSTRACT:

The United Nations hosted the terribly first conference on the Human environment which took place in 1972 in Stockholm (Sweden), and formally it came to known be as the Stockholm Declaration of 1972. The conference was held for a basic common outlook on the way to address the challenge of preserving and enhancing the human surroundings. In 1968-1969, the general assembly determined to conduct the conference in Stockholm in 1972 on a worldwide level where all the countries might participate in. The main principle of the Stockholm declaration was “to function a sensible means that to encourage and to produce pointers to guard and improve the human surroundings and to remedy and stop its impairment”. The conference’s preparatory committee had worked on the declaration in 1971 with the actual drafting of the text allotted to an intergovernmental working party.

Authored by Mithannsh Jain, Christ University.

IMPACT OF THE COVID- 19 PANDEMIC ON THIRD PARTY FUNDING AND SECURITY FOR COSTS IN INTERNATIONAL COMMERCIAL ARBITRATION

ABSTRACT:

The COVID- 19 pandemic has already created a great loss to the private companies along with the individuals in market company and society. This topic mainly focuses on two ideas- 1) whether the pandemic is an upturn to third party funding arrangements. 2) whether the arbitrating parties should take an initiative to expose themselves to applications of security regarding the costs in international commercial arbitration. COVID- 19 has no doubt created a big problem for the normal people of this country even the basic amenities are quite difficult for the poor people to arrange in such a pandemic situation.

Authored by Swapna Sudha Sahoo, Siksha ‘O’ Anusandhan (Deemed To Be University), SOA National Institute Of Law, Bhubaneswar, Odisha

CROSS BORDER PARTNERSHIP AND COLLABORATION

ABSTRACT:

In this article, I am going to explain about what is cross border partnership and collaboration How does it works? What does it really imply? How to it is beneficial for other countries? About India’s Partnerships, if any. About the results of cross border partnerships in detail and rules regulations and procedure of it. I am also going to talk about the challenges faced by the country for it.

Authored by Pooja Heda, Kes Jayantilal H Patel College Of Law, Mumbai

A CRITICAL ANALYSIS ON BONDED LABOUR IN DIFFERENT PARTS OF THE WORLD

ABSTRACT:

In this article there is detailed explanation of bonded labour. What does that mean its impact on the society? The pros and cons of the being a bonded labour. It is also explained about the bonded labour in different parts of the world. It has been also mentioned about the situation of bounded labour in United Nations and India.

Authored by Pooja Heda, Kes Jayantilal H Patel College Of Law, Mumbai.

CHINA AND ITS ASSOCIATION WITH THE INTERNATIONAL LAW

ABSTRACT:

Modern Chinese law in its forms, structure and methodologies exhibit many western characteristics. This article discusses about China’s reaction against COVID-19 pandemic under International Law implement by UN   and also discusses about China’s formal legal system.  There has also been development in the Public Law areas and significant implication for protecting human rights (written into the 2004 constitutional amendment) since china’s entry into the World Trade Organization (WTO), which impose requirement on transparency and accessibility of law, reasonable administration of law and impartiality, independence and effectiveness of judicial review.

Authored by Pooja Shrivastav, IME Law College

COVID-19 AND THE PRINCIPLE OF NON-REFOULMENT

ABSTRACT:

This brief focuses on the steps that governments can take to address Coronavirus’s consequences (COVID-19) in situations of forced displacement in developing countries to ensure that no one is left behind. The brief examines the exposure of forcibly displaced persons to health risks and the pandemic’s socio-economic consequences, particularly in fragile contexts. It further highlights vital protection safeguards to be integrated to improve health systems and the resilience of societies. This article will be focusing on the principle of non-refoulement with the covid-19 context. The covid-19 pandemic has affected the globe nationally as well as internationally. Everyone has suffered a loss in one or the other way.
Authored by Shefali Sangwan , Symbiosis Law School , Pune

LEBANON RESORTING TO INTERNATIONAL ARBITRATION

ABSTRACT:

Lebanese President Michel Aoun this year expressed that he would not mind resorting to arbitration if the country fails to reach at a fair agreement with Israel regarding maritime border demarcation. Arbitration is quite common in Lebanon, in fact, Lebanon is one of the friendliest countries in the Middle East for arbitration. In principle, all disputes can be submitted for arbitration in Lebanon. Arbitration proceedings fall within the ambit of Code of Civil Procedure and article 309 of the Code provides that arbitration is international if it involves the interests of international trade and of course, mutual consent of the parties to the agreement. The talks between Israel and Lebanon started in 14th October 2020.

Authored by Arushi Sharma, NLU, Shimla

WHEN CONSOLIDATION FAILS: THE CHALLENGES OF PARALLEL ARBITRATION PROCEEDINGS

ABSTRACT:

Consolidation in simple terms is a process in which two or more claims are put in one single dispute and this procedure helps in avoiding conflicting awards in order to save time and money and to ensure operation of this procedure the consent of the parties and connection of the disputes is a must. As per article 10 of the International Chamber of Commerce (‘ICC’) either the demand for consolidation should be made under the same arbitration agreement or the agreements must be driven by the same parties, disputes, legal relationships. The consent for consolidate should be given expressly without leaving any doubt just like the consent to arbitrate. In the absence of an express consent parallel proceedings arise which are quite common in the energy industry because of the involvement of multi-parties and multi-contract transactions. Parallel proceedings have their own challenges and one of them is inconsistent findings of fact or law which eventually leads to inconsistent decisions on damages and sentences.

Authored by Arushi Sharma, NLU, Shimla

Assassination of Fakhrizadeh against International law

Abstract:

The contemporary international system is in deep crisis because its prominent players, the United States of America and many other Western countries, have shirked away from the fundamental principles of Liberal Democracy and Liberal Economy that have for long been the governing principles of International Peace and Order. The Western states are witnessing the rise of ultra-nationalist, populist, right-wing political actors who feel that promoting a liberal democracy is no longer part of Western political rhetoric and discourse. The notion has been further cemented by Western countries preferring to support some of the most authoritarian and despotic regimes and political leaders worldwide such as Saudi Arabia, Turkey, UAE and Egypt against Democratic movements.

Authored by Aniket Rai, Guru Nanak Dev University, Amritsar

Arbitration and Conciliation Ordinance, 2020

Abstract-

With the changing scenario of arbitration processes, the President of India has further enacted the Arbitration and Conciliation (Amendment) Ordinance, 2020 (Ordinance) by adding amends to the Arbitration and Conciliation Act of 1996. This ordinance brings forty that all the stakeholders shall be getting an opportunity to seek unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or making of the arbitral award is believed to be induced by fraud or corruption. The Ordinance will be beneficial in cases where inherent illegality by fraud or corruption has been ‘prima-facie’ shown in court. However, it will be interesting to see how courts interpret the burden of proving a ‘prima-facie’ case of corruption or fraud.

Authored by Urfi Ansari, Rizvi Law College

The Convention on the Rights of the Child

Abstract:

The convention on the Rights of the Child sets out for those rights that must be realized for children to develop their full potential. The UNCRC consists of 54 articles that consist of children’s rights and the process of working. The government is required to meet children’s basic needs and helps them in their full development. The United Nations General Assembly established the International Children’s Emergency Fund, UNICEF to work seriously for the betterment of the children throughout the world. With the help of UNICEF the UN General Assembly adopted, “The Convention on the Rights of the Child” which recognizes the role of children as social, economic, political, civil and cultural actors. The convention also guarantees and sets the minimum standards for protecting the rights of children in all capacities.

Authored by Abhay Singh, Faculty of Law, Lucknow University

Diversity in International Arbitration

Abstract-

In the world of International Arbitration, one could only see the space is being dominated by stereotypical white men and the substantial absence of diversity. In 2015, the “Arbitration Pledge” was drawn up in acknowledgment of the lack of women in arbitral tribunals by representatives of the international arbitration community. But it’s worth remembering that the absence of diversity goes beyond gender, cultural and geographical diversity are missing too. In this new age, where women all over the globe are fighting for equality and equity, a diverse board in arbitration will improve the diverse viewpoints will contribute to better choices and the consistency of decision making.

Authored by Roudro Mukhopadhyay, OP Jindal University.

The Troubled Relationship Between The Tenant and The Landlord During The COVID-19 Pandemic and its Repercussions

Abstract-

In this article we will see how the relationship of tenant and landlord gets disturb due to reverberation of covid 19 .Indeed, what this article ultimately seeks to achieve is evaluating way to find solution to solve the dispute between landlord and tenants The transmission of a virus with flu-like symptoms has pushed world economies to an unprecedented standstill. Stock market crashes, mass unemployment, and disruptions hinting a recession – are only the tip of the iceberg and its underlying repercussions are likely to unfold with time.The customary strained landlord-tenant relationships are further distressed with the lack of clarity in Central and state government announcements bringing fore questions of eligibility and applicability of relief measures. Until the air clears (pun-intended), Indians will continue to rely on legislations that hugely favours tenants in rental disputes, leaving landlords grappling to survive the crisis without any respite. In the interim, as parties await clarification from the government, it is advisable to facilitate a shared objective of contractual performance through collaboration and provide a win-win solution to all until normalcy returns.

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida.

COVID-19 Pandemic and its Impact on International Arbitration

Abstract-

COVID 19 had a bad impact on all the works of private individuals as well as government. It has changed the working pattern and style of all the business. The impact of the virus is so dangerous that the government has cancelled all the schemes and started funding to cure people from the virus. The courts have also started working digitally. Despite of this advanced technology, they are facing some of the issues like digital glitch, lawyers and judges are facing problems during the case hearing. Due to these many amendments have been made in the Arbitration Rules and Guidelines. COVID-19, a virus called Coronavirus has vitiated the whole world. It was first detected in China’s city Wuhan in December & then very rapidly it spread its root throughout the Globe. COVID-19 outbreak which greatly affected the entire world has been declared a pandemic by World Health Organization (WHO).

Authored by Kavya Gopal, Prestige Institute of Management

Female Abuse through Social Networking Sites

Abstract-

‘The scars from mental cruelty can be as deep and long-lasting as wounds from punches or slaps but are often not as obvious’- Lundy Bancroft. This article intends cover the nitty gritty of female abuse through social media and look into the effects and provisions regarding the same followed by a self-concluded necessitated future action. There is no overstating the fact that female abuse through social networking sites often goes unnoticed or unreported which is a major concern in the present scenario. According to PEN America, online abuse is the, “pervasive or severe targeting of an individual or group online through harmful behavior”. The reason this article is focusing primarily on one gender is because women are abused online to a greater extent compared to men. Though the ratio of male to female internet users is 60:40, there are more reports of female abuse.

Authored by Gagana Srinivas, Ramiah College of Law, Bangalore.

Advocacy for soft law instruments to consolidate international commercial law across the globe

Abstract-

There has never been a better time to be an international commercial law scholar. After decades of being held hostage to state-centered ideas, international commercial law has finally broken through to become more solution oriented. Increasingly, nation states are becoming less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the need for international commercial law. The term “harmonization will be used as a surrogate to discuss the creation of international commercial law as it is the primary means by which international commercial law is created. This article seeks to explore two preponderant trends that have become visible in the making of international commercial law. In Part I, I shall describe the background. In Parts II and III, I will highlight the growing role of regional endeavors at harmonization, and the rise of non-binding instruments.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

International commercial law and its implications for commercial law in UK context

Abstract-

International Commercial Law is a frame of prison regulations, conventions, treaties, home rules and commercial customs or usages, that governs global business or business transactions. A transaction will qualify to be worldwide if factors of multiple countries are worried. Lex mercatoria refers to that a part of worldwide commercial regulation that is unwritten, inclusive of normal industrial law; standard policies of proof and system; and general concepts of industrial law. International industrial contracts are sale transaction agreements made between parties from extraordinary countries. The strategies of getting into the foreign market, with desire made balancing prices, manage and risk, encompass: 1. Export without delay. 2. Use of foreign agent to promote and distribute. 3. Use of foreign distributor to on-sell to nearby customers. 4. Manufacture products inside the overseas countries. Through either setting up commercial enterprise or by using acquiring an overseas subsidiary. 5. Licence to a local manufacturer. 6. Enter right into a joint project with a foreign entity. 7. Appoint a franchisee.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

A Comparative Analysis Of Jus ad bellum and Jus in Bello In The Context Of International Humanitarian Law

Abstract-

The Law of Armed Force has been customarily theorised in a semblance of prevalent theories of Jus ad bellum and Jus in bello. Such separate dualist concept of outfitted power and principle of armed force discovers its underlying foundations through the means of legitimate traditions of the happenings of the Interwar period. Besides that, a one on one differentiation regarding the same has been thoroughly highlighted by the means of “Theory of Warfare” The discrepancy between the concepts of Jus ad bellum and Jus in bello has had a prolonged historic convention in connection with the “Theory of Warfare”. Although in scholarly writing, the moralities of the said theories are regularly examined together. Upon retrospection they are as a rule arranged under philosophical, strict or moral belief systems by means of Just War Theory or Just War Doctrine otherwise alluded as Jus bellum lustum. Incidentally they are combined with a third principle specifically Jus Post bellum which incorporates post conflict legal standards. However, the same earned its rightful status in the radical law right in the course of the League of Nations.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

Customary Approaches to the Law of Armed Conflict

Abstract-

Since the inception of mankind the term of conflict was always prevalent, be it fight for food, or any other survival instinct, but one thing that has always been there is the fact that in some or the other way there have been laws governing that conflict. Even in medieval period, when the idea of consuming territories was on high, there were laws of war governing the conflict and it was expected that both the parties willfully accepts them. In this article we will be trying to understand the concept and ideas of protection of human rights and how they can be included and be made a part of contemporary Humanitarian Law. There have been ideas which have come straight from the cultural buildups of tribe and their aspiration of a society build on equality and respect for other community . The viewpoint that while trying to understand the role of the state actors we cannot forget to include non-state actors in developing laws for society reflect that all the states that have been peaceful or aspire to be peaceful knows that the only way to achieve this is by inclusion practices and ideologies. Since this article emphasis on the practices followed by various African communities, therefore we will try and compare the idea and their application in today’s world. A study conducted by the Geneva cell recently showed that it is very necessary that inclusion must be made for better development of International Humanitarian Law.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

An Insight into International Humanitarian Law: Protection of “The Brave Hearts”

Abstract-

The coveted International Humanitarian Law is otherwise recognized as the Law of War. The sole objective of the International Humanitarian Law grounded on humanitarian motives seeks towards limiting the effects of armed conflict. As per the famous philosopher Hugo Gratius in his legal masterpiece De jure belli ac pacis on the Law of War and Peace stated that the conquerors had the right to subjugate their enemies. Similarly another French philosopher namely Montesquie in his L’Esprit des lois on ( The Spirit of Laws) expressed that the sole just thing in the war was that the abductor had to prevent the prisoner from any harm. Likewise, the International Humanitarian Law lays down certain provisions seeking towards regulating the conduct of war alongside protecting the individuals no longer a party to a hostility. Moreover, it is prudent to take into consideration that the International Humanitarian Law is Les specialize which states that the same originated to administer particular subject matters. The respective article provides a detailed analysis of the Law of War. The author through this article states the rights and privileges concerning the protection of the POWs.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

Legal Accountability For Breach Of IHL: An Overview Of The Legal Consequences Of Violation Of IHL

Abstract-

As per rule 149 of the Customary International Law a state can be held accountable for the breaches of the coveted International Humanitarian Law derivable to the same. This also further includes a) the state is responsible for the breaches committed by its bodies along with its military forces, b)for breaches committed by individuals or person authorized to implement rudiments on the behalf of the central authority, c) the individuals or entities working acting under the state’s orders committing violations shall render the state accountable for the concerned breaches; d) acknowledging and espousing as the conduct of its own the state is responsible for such conduct by the private individuals and groups.
Aiming towards the general applicability of the rule it is stated that a State shall be accountable for the internationally acclaimed unlawful conduct. Similar to the Executive, legislative, and Judiciary the military forces are acknowledged as a body of the State government. This particular article states the legal responsibility of a State for Internationally committed wrongful acts. The author with the help of several case laws such as the Distomo case, Essen Lynching case, and onwards seeks to highlight the consequences of violating the provisions of IHL.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar

Increasing cases of Channel Crossings, Is Interception a reasonable solution to this problem?

Abstract-

A lot of asylum seekers try to cross the English channel through France to reach the United Kingdom and they also warn the navy that they will drown themselves if they are stopped. As these channel crossings are on a rise, there is a chaotic situation in the immigration department of the UK. These refugees have gathered in France from different parts of the world like Iraq, Afghanistan, etc. These people are suffering from a state of pandemonium and depression as they have no food, no money and no reason to continue their life. Such kind of a lifestyle has left them with only one choice i.e. to cross the English channel and reach the UK. They are also not allowed to seek employment. Most of them want to reach England as they are proficient in the English language and they have family connections there. Emigration department of UK expressed an idea of using battleships to stop such interceptions but this is not a reasonable decision. Through this blog, the author will discuss the rise of channel crossings and will throw some light on the safe and legal asylum alternatives to curb channel crossings.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Inhumane Asylum System of Greece: A Critique

Abstract-

Reports of the reputed institutions like Oxfam and the Greek Council for Refugees accused Greece of putting vulnerable refugees at greater risk and systematically undermining the right to seek asylum by tightening asylum laws. Reports also shed light on the rapid increase of sexual violence at refugee camps. The new law which is introduced by Greece forces thousands of refugees to live in the squalid and putrid refugee camps on five islands in the Aegean Sea. Due to such inhumane and challenging living conditions, refugees are facing a huge health crisis. With the support of EU (European Union), Greece is rejecting all the claims concerning the various refugee rights very easily. EU is also getting criticized as they are supporting such harsh law which instead of providing a safe asylum to the families and their children, either deports them back or mandates them to live in a harsh environment without proper health and sanitation facilities. The author through this blog aims to shed some light on how Covid-19 made this situation worse, the author will further focus of non-observance of international as well as domestic law by the Greek Government and finally, the author will conclude with his outlook on the instant situation.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Criticizing the Hungarian Government’s callous move to starve the refugees

Abstract-

As per the reports, the Hungarian government has reached the acme of ruthlessness and sent humanity and human rights to their nadir. The reports say that Hungarian authorities have stopped distributing food to the rejected asylum seekers, who are held at the border with Serbia since August 2019. The Hungarian government, instead of finding a suitable alternative for the asylum seekers is indulged in justifying their move of letting refugees starve.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Norway’s Righteous Decision of upholding the LGBTQ rights along with refugee rights

Abstract-

Aftermath the impact of COVID-19, Norway has come forward with a commendable decision of prioritizing the people from the LGBTQ community. For the first time in history, refugees belonging to the LGBTQ community will be given priority both as a group and as an individual when transferring refugees are selected. A transfer refugee is a refugee who is getting transferred to a different country for permanent settlement. In nearly 70 countries homosexuality is a criminal offence and where it is decriminalized, people consider it as a taboo and due to this, people of LGBTQ community are subjected to harsh discrimination. Amid these, such decision of the Norwegian government is a quite an appreciable step. The deadly COVID-19 pandemic laid a drastic impact on the transferring of refugees. Transfer of refugees is stopped temporarily but the work will resume as soon as the situation becomes a bit normal.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Comparitive Study of Abortion Rights in India and U.S.A

Abstract-

Termination of the child in the womb is abortion. Throughout history, and even today, the abortion rights of woman are a debatable issue. The decision on this topic is a tough choice between the personal beliefs on morality of induced abortion and the limits set by the government for legal abortion. It is the individual right of the woman to pursue what makes her happy. A woman’s reproductive and sexual health, shape her reproductive choices. Reproductive rights are now internationally recognised as critical in both advancing woman’s rights and in promoting development. Government plays a crucial role in promoting reproductive rights of woman. They have formulated formal laws and policies. Every woman has an absolute right and control over her own body, known as bodily rights.

Authored by Subhashini.S, SASTRA, School of Law.

Dowry System In Saudi Arabia

Abstract-

Dowry means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to another party to the marriage. It is usually the bride’s family giving dowry to the groom. But in the case of Arab people it is the opposite. The groom has to pay a big sum of money demanded by the bride’s family after which the marriage is said to happen. This is a religious practise which is still being followed by many Arab people. However Arab people in general are not accountable to law for either offering or accepting dowry. It is a common social practise in which women feel privileged to be offered.

Authored by Subhashini.S, SASTRA School of Law.

Rights of an Arrested Person in Kenya

Abstract-

Like Indian Constitution, Republic of Kenya also has its own Constitution viz. Constitution of Kenya, 1963 to which lots of amendments have been made and the latest and the major amendment was in the year 2010. More than 67% of the Kenyan population accepted the amendment made in the year 2010. Chapter Four of the Constitution of Kenya, 2010 talks about the Bill of Rights and Part Two of Chapter Four talks about Rights and Fundamental Freedom of citizens of Kenya. In this Article let us see the Rights of arrested person of Kenya. Article 49, Part Two, Chapter Four of Constitution of Kenya talks about the Rights of Arrested person.

Authored by Subhashini.S, SASTRA, School of Law.

Ethics, Public Trust and The Medical Practice

Abstract-

Ethics is the set of moral principles that guide a person’s actions and behaviour. Medical ethics is that branch of ethics which scrutinizes clinical medicine practice and research. It is a set of guidelines which, a practitioner in cross roads may refer. It is often the deciding authority in most life and death cases. Another crucial concept in the medical arena is ‘patient trust’, which is in some way, a by-product of the standard of medical ethics. In this article, we shall take a look at what medical ethics is, why it is important, and the changing dynamics of medical ethics as a result of modernisation. The technological and scientific advancements in the current century have been a boon to millions of people. But, the medical professionals are faced with a new set of challenges and difficulties. The physicians increasingly feel the need to match the advancements with the moral dimensions. So often, they are faced with ethical and moral dilemmas. To add to this, ethical standards are very dynamic in nature. What was considered as ethical yesterday may not be so today, and what is unethical today might turn into an ethical practice tomorrow.

Authored by Gopalakrishnan R R, Sastra Deemed University

Criminalization of Cartel Offenses in India

Abstract-

The cartel offences have been a global problem slowing disrupting the economy of the world. The developing countries have been known to be more vulnerable than the developed countries. India, being a developing country has gone through its fair share of cartel offence cases. In India, cartel offences are merely civil offences and they do not come under criminal offences. The main topic of discussion is the criminalization of these offences acting as a greater deterrent effect than the offence being classified under administrative law. The severity of these offences also acts as a driving point to criminalize it. Cartel offences are criminal offences in various countries like the US while the UK classifies it as both civil and criminal offences, the stand of India will be addressed in this article. This article further emphasis on the reasons for criminalizing cartel offence in India and whether the criminalization will be a deter the course of this offence.

Authored by Keerthikah.A, School of Excellence, Mumbai University

Healthy Workplace Should be a Right & Not a Privilege

Abstract-

This article studies about “Global Program on Employment Injury Insurance (GEIP)”, following that this article include that what exactly the term employment means and what are the various duties of the employer towards their employee to make the environment of workplace healthy so that the work given by employer to employee should not feel like burden to them instead they will work much efficiently to benefit the company in larger. I will also state the right of the employee in workplace by the law and various act that was made by government for the benefit of the employee and what are the impacts of GEIP on the workers & at last I will refer a case related to it.

Authored by Shristi Singh, Amity University.

Inclusion Of Gaming Disorder In The International Classification of Disease

Abstract-

The World Health Organization classified Gaming Disorder as a mental illness caused due to excessive gaming. This inclusion has divided the opinions of people as the decision is both praised as well as condemned. In this article, we will study about this condition and determine the validity of the decision. The World Health Organization in their 11th Revision of the International Classification of Diseases added Gaming Disorder in the group of ‘Disorders due to addictive behaviours’. This inclusion ended up creating quite a controversy as many people criticized the decision. There was a clash of opinions all over the world. Digital and video games are immensely popular amongst the masses. In fact, to such an extent that it is estimated to be more profitable than the movie making business. Gone are the days when video games were a form of entertainment for just kids, with the amount of popularity it has garnered over the years, teens and adults equally divulge in it. However, it has been observed that people end up spending too much time playing these games. To say that people are not addicted to it would be an understatement, as some people have come forward to seek help in order to stop their gaming addiction, but naming it as a disorder and classifying it with the likes of gambling addiction is where the questions start arising.

Authored by Sharyu Rumde, School of Law, Mumbai University

Medical Termination of Pregnancy: A View From the Lens of Humanitarianism

Abstract-

Feminism has gained a global momentum. Various movements and legislations are helping place women and men in the same societal footing. Thanks to social media and the increasing open mindedness of the society, social taboos against women are being shed and the problems faced by them are brought to light more often than not. Termination of pregnancy is one such practice which is gaining a slow, yet gradual global recognition.

Authored by Gopalakrishnan, R R, SASTRA School of Law

Awareness For Illicit Companies that are Self-Titiled as “Shell Company”

Abstract-

This article studies about a gist of a shell company & provide a brief historical overview . Following that this article will have the main objective of a shell company , factors that are related to shell company , how it used for illegitimate as well as for legitimate purpose , laws that are violated by shell companies , steps taken by government for removal of shell companies , its impact on the society and country at large and at last I will be concluding my article by referring a case and inserting my views to it

Authored by Shrishti Singh, Amity University.

UN’s Torture Convention

Abstract:

Torture has been used as a tool to exploit minority people from time immemorial. During war or communal violence, torture has been prevalent in countries all around the world. Convention Against Torture is one of UN based treaty to eradicate torture from this world and to retain human rights. Torture is defined in Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. This piece will attempt to break down such complex definitions and provide an accurate legal insight into the aforementioned issue.

Authored by A. Keerthikah, School of Law, Mumbai University.

The Influence of Continuing Medical Education (CME) in Maintaining Competency of Healthcare Professionals

Abstract-

Healthcare professionals are considered by many to be akin to God. This field is developing very day to suit the needs of the patients hence the knowledge of medicine is never enough. Some doctors even say they further they are away from medical school they less knowledge they seem to have. This problem is solved by CME, which updates the medical professionals with knowledge of newer development in the medical field.

Authored by A. Keerthikah
School of Law, Mumbai University.

Beirut Blast and The Regulations Regarding The Operation of Ammonium Nitrate

Abstract-

The Beirut Explosion is one of the largest blasts the world has seen in recent times. The country of Lebanon has taken a massive hit, but the dreadful history behind the cause of explosion showcases the dark side of Lebanese government. The negligence shown by the government has ended up causing this disaster, a disaster which could have been easily prevented. This article focusses on the cause of the problem and highlights how necessary protocols were grossly violated.

Authored by Sharyu Rumde, School of Law, University of Mumbai.

Medical Negligence

Abstract-

This article analyses the concept of medical negligence, puts into words how acutely patient rights is considered, and suggests ways to strike a balance between due care and patient safety in order to neglect “negligence”. It also views medical negligence from the lens of COVID-19, and examines whether giving doctors immunity from negligence works best for the larger society.

“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.”

Authored by Gopalakrishnan R R, Sastra Deemed University.

Italian Marines Case: Government to accept international arbitration tribunal order

Abstract:

The Central Government has informed the Supreme Court of its decision to accept the award of the International Arbitration Tribunal which ruled that the Italian Marines involved in the Enrica Lexi case should be tried by Italy and not India. New Delhi may seek compensation for the deaths of fishermen killed in the incident off the coast of Kerala. Two Italian Marines, Massimiliano Latorre and Salvadore Girone, killed two crew members on an Indian fishing boat. The case has led to controversy between the two countries. Its spatial waters. Italy claimed that the ship had hoisted the Italian flag, and that the crew could be prosecuted under Italian law. The High Court later allowed the two Marines to leave the country and fly to Italy. Following a court adjournment on August 26, 2015, Italy took the matter to an international tribunal set up under the UN Convention on the Seas in The Hague, the Netherlands. The tribunal ruled on May 21, 2020 that Italian Marines would try but India could seek compensation for the deaths of fishermen. In the latest application filed in the court on Thursday, the Central Government, through the Standing Council, BV Balaram Das, decided to accept the tribunal award final and without any appeal. The application asked the court to close the trial, which has been pending since 2012.

Authored by Rupa Paul, Amity University, Kolkata.

Rwandan Judging It’s Genocide

Abstract:

The genocide in Rwanda, also known as the Tutsi genocide, was the massacre of the Tutsi, Twa, and Hutu moderate Hutu in Rwanda, which took place between 7 April and 15 July 1994 during the Rwandan World War. In this post, we’ll be taking a deeper dive into this cesspool of international human right violations.

Authored by Rupa Paul, Amity University, Kolkata.

Why Do We Need a Legislation for End-to-End Encryption- Pros and Cons?

Abstract:

The debate over whether or not to ban end-to-end encryption is likely to intensify in the second half of 2019 and into 2020. Recently, high-level officials from the Trump administration met to discuss a potential crackdown on end-to-end encryption. At a meeting of the National Security Council, U.S. government officials weighed the pros and cons of end-to-end encryption. The issue has bubbled to the surface intermittently ever since 2014, when NSA contractor Edward Snowden first publicized the mass surveillance programs of the U.S. government.

Authored by Parth Bathla, FIMT, GGSIPU, Delhi.

Judicial Intervention in Arbitral Process: A Paradigm Shift Post the “BALCO” Judgement

Abstract:

The year 2012 saw a momentous decision by the Supreme Court of India, a five-judge bench overruled the former disputatious judgment pronounced in the Bhatia International v. Bulk Trading SA in the verdict of Bharat Aluminium Co. v. Kaiser Technical Services. In its ruling, the bench confined the scope of intervention by the Indian courts in the process of arbitration which are conducted outside the jurisdictional boundaries of India by leaving out the applicability of Part I of the Indian Arbitration and Conciliation Act, 1996. In the Bhatia, the Supreme Court reasoned on the issue on whether it could place to a request for episodic measures to an Indian court in the process of ICC arbitration which has its seat in Paris (outside the Indian territory). The appellant in Bhatia contented on the grounds that the Indian court had no competent jurisdiction and that Part I of the Arbitration and Reconciliation Act, did not apply to arbitration processes in which the seat of arbitration is outside the territorial boundary of India.

Authored by Arunav Bhattacharjya and Parvez Rahman, NLUJAA, Assam.

The US – Iran Conflict: A Breach Of International Law

Abstract:

The very purpose for the origination of the International law was aimed towards endorsing economic and social growth alongside furthering international concord and security. The particular article addresses the prevailing conflict between US and Iran alongside bringing light to the instances of breach of International law by the same. This article discloses several prudent occurrences such as the 1983 Beirut barrack bombings, Iran-contra scandal, the infamous “Axis of evil”, 2013 nuclear deal as well as the shootdown of RQ-4A which proved to be monumental happenings in those times thereby shaping the present relation. Detailed analysis of violation of principles of International law by the United States and Iran has been portrayed through incidents, for instance, the hostage crisis, the notorious killing of Qasem Soleimani, attacks on US base by Iran and the disreputable Muslim ban. Lastly, the article manoeuvres to improve the diplomatic relations between the two nations safeguarding the inviolability of International law.

Authored By Akashmika Jena, University Law College, Vani Vihar.

Bois Locker Room: Is India’s Youth In Safer Hands?

Abstract:

The “Bois locker room” incident was an Instagram scandal that allegedly involved an Instagram group which was created and handled by a few teenagers studying from prominent school in Delhi. The conversation on that group chat was flooded by offensive comments, sharing of an objectionable picture of the minor girls, morphing them using abusive language. It all started on 3rd of May 2020; an Instagram chat group was inundated with abhorrent misogynistic comments, sharing photos of underage girls, objectifying them and planning “gang-rapes”.
The group involved teenagers who were more than 26 members educating themselves from an “elite private school”. However, the later news revealed that a minor girl used a fake identity of another named “Sidharth” who was a minor boy and decided to sexually assault herself in the group chat. The idea behind this was to check the reaction of the receiver and to test the character of that person.

Authored By Divya Bothra, VITSOL, Chennai.

Smart Contracts and Cryptocurrencies: The legal Conundrum posed by Blockchain technology

Abstract:

Cryptocurrencies, or virtual currencies, are digital means of exchange that uses a cryptography for security. The word ‘crypto’ comes from the ancient greek word, ‘kryptós’, which means weather hidden or private. Cryptocurrencies challenge the orthodoxy of how a currency works in the ways that worry some and excite others. It could transform the way we do transactions as the so-called distributed ledger technology behind their blockchain can be integrated into all sorts of business processes. The Inter-Ministerial Committee (2019) noted that the technology underlying cryptocurrencies could improve the efficiency and inclusiveness of the financial system. However, several risks have also been associated with cryptocurrencies which have been highlighted through the cryptocurrency bill.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

Guerrilla tactics in Arbitration

Abstract:

With globalization and advances in commerce and technology, the need for legal systems to
adapt to mechanisms for enhancing alternative dispute resolution (ADR) methods continues to grow. The rising popularity of ADR can be explained by the increasing number of cases being
handled by the traditional courts and the attendant delays, the perception that ADR imposes
lower costs than litigation, a preference for confidentiality and the desire of some parties to have
greater control over the selection of the individuals who will settle their dispute on the basis of
competence, experience and absence of bias. 2 In dealing with guerrilla tactics in International Arbitration, it is paramount to first and foremost
understand the consequence of the phrase “international arbitration” in relation to the subject of discourse, especially as terms in common use often elude definition.3. t is sometimes said that every arbitration is a national arbitration in the sense that it must be held at a given place and is accordingly, subject to the national law of that place. Whilst this may be an interesting topic for debate, in practice, it is customary to distinguish between arbitrations which are purely
“domestic” and those which are “international”.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

A brief note on International Arbitration

Abstract:

International arbitration is similar to domestic court litigation, but instead of taking place before a domestic court it takes place before private adjudicators known as arbitrators. It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings.

Authored By Parth Bathla, FIMT, GGSIPU, Delhi.

Arbitration and Conciliation Amendment Act, 2019- A Critical Analysis

Abstract-

The legal framework surrounding, The Arbitration and Conciliation (Amendment) Act, 2019 came into force in India. The changes in Amendment Act, 2019 has stepped in to promote institutional arbitration in India and to make India a hub of domestic and international arbitration by facilitating the resolution of commercial disputes by arbitration making India an arbitration-friendly jurisdiction. The Indian legislature had initiated the Arbitration and Conciliation (Amendment) Act, 2015, which received the assent of the President of India on December 31st, 2015 and that came into force on October 23rd, 2015 with significant changes to the Arbitration Act and the initial step taken to amend the Arbitration and Conciliation Act, 1996 to provide speedy and effective resolution of disputes through arbitration or conciliation. The article shares an overview of the Arbitration and Conciliation (Amendment) Act, 2019 by discussing the role of domestic and international arbitration. The article explains the establishment of the Arbitration Council of India with a view of the amendment act that broadly deals with various aspects and features of Indian arbitration. In this context, it indicates the effects of arbitral proceedings that commenced before the 2015 amendment act. It likewise illustrates the matter of Hindustan Construction Company by applying the 2019 amendment act. It also discusses the impact on businesses, in general, inserting the 2019 amendment act while proposing the necessary reforms and future concerns

Authored By Divya Bothra, VITSOL, Chennai.

Kulbhushan Jadhav-The Unknown Story

Abstract:

International abduction for spying is existing and continuing even today in many parts of the world. A case between India and Pakistan for abducting Kulbhushan Jadhav of India by Pakistan under the pretext of spying and sabotaging for destabilizing the peace of Pakistan is being discussed in this article. As part of this article, an attempt has been made to cover details about Jadhav, crimes/allegations against him and how his act was viewed by Pakistan and India and lastly how ICJ handled the case and pronounced their verdict.

Authored By S.Shaalini, VITSOL, Chennai.

Internally Displaced Persons And Breach Of National Sovereignty: Contentions And The Way Forward

Abstract:

Protect People? or Protect Sovereignty? During a crisis this the dilemma faced by those in the national government. Apropos international development, no nation is truly sovereign. Greater interests and a global world have crisscrossed our interests and made us dependent on each other. More importantly global citizens have a responsibility to help keep the world safe and free from civil disruption and terrorism. The United Nations Charter frequently stresses on the involvement of the Security Council and chapter seven determines the order of action to be taken by countries in such situations.

Authored By Tejas Sateesha Hinder and Ritik Kumar Rath, National Law Institute University, Bhopal.

Rainbow Warrior Case Of 1982

Abstract:

The determination of settling disputes between countries is known as International Arbitration. The fundamental purpose of dispute resolution is linked to the drive of the United Nations ‘to maintain international peace and security. There are several important international dispute cases in the history viz., the Alabama Claims, Jay Treaty (1974), the Rainbow warrior case etc. This article deals about one such Landmark case namely, “Rainbow Warrior” case of 1982 which outlines how the bombing of the ship was executed by the French intelligence agents, the legal violations associated with this dispute, how the arbitration process resolved the dispute between the countries.

Authored By S.Shaalini, VITSOL, Chennai.

Frontiers Unexplored The Unmapped ‘Space Law’ Territory

Abstract:

On 27 March, 2019, India triumphantly tested indigenously built Anti-Satellite (A-SAT) missile and showcased her ‘earlier underestimated’ scientific competence with respect to space dominion. In spite of meticulous advancement and flourishing technical know-how of the unchartered outer space jurisdiction; too little is known about the laws guarding that very area. Preserving the natural resources abundantly found in outer space requires a channelized mechanism conjoined with targeted policy intervention and active juxtaposition of good governance principles.

Authored by Sanighdha, University Institute Of Legal Studies, Punjab University, Chandigarh.

Better Late than Never-Vermont bans Police Chokeholds and mandates Body Cams.

Abstract:

On 13th July 2020, Governor of Vermont i.e. Phill Scott gave green light to a new law bill. This bill mandates the police personnel to wear body cams on duty and forbids them to use chokeholds while arresting someone. This legislation prohibits the use of any maneuver on a person that applies pressure to the neck, throat, windpipe, or carotid artery that may prevent or hinder breathing, reduce intake of air, or impede the flow of blood or oxygen to the brain. The author will try to throw some light on the history of racism in the USA and will give his critique on such laws.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Overview of Third-party Funding Practices in International Arbitration

Abstract:

In the ages of globalization with increasing cross-border transactions, international commercial arbitration has also boomed. Though it is efficient and time-saving compared to the traditional dispute resolution mechanisms the large costs attached to it cannot be ignored. Its solution comes in the form of “Third Party Funding”, “Third-party funding (hereinafter TPF) arises when a third party (the Funder) provides financial support to another party (the Funded Party) to pursue or defend an arbitration or related court or mediation proceedings. Such financial support is provided in exchange for an economic interest in any favorable award or outcome that may ensue.”It is achieved by means of third party contracts (hereinafter) “it is an agreement by a Party to dispute Resolution Proceedings with a TPF entity for the funding of all or portion of the costs of the proceedings in exchange for a share or other interest in the proceeds of the proceedings to which the party may become entitled”.

Authored by Ayush Garg & Mridul Pateriya, Gujarat National Law University.

Polluter pays principle-does it have any status?

Abstract:

The polluter pays principle has evolved as one of the guiding principles in Environmental Law. This principle has played a pivotal role in holding the polluter responsible for his environmental wrongdoings. Polluter pays principle in its literal interpretation means that the polluter will pay for the pollution or damage caused by his actions. This article gives a glimpse on the said principle.

Authored by Raashika Kapoor, Amity Law School (GGSIPU), Delhi

World Without International Organisations

Abstract:

As the arena finds itself in transition from a unipolar, US-ruled system to a multipolar structure with several poles, there is a good sized assumption that international companies, or “global governance”, is essential for this transition and its aftermath to take region in a peaceful manner. Countless IR analysts therefore spend their days analysing methods to make global governance extra powerful. Many proposals emerge each year to reform the UN Security Council, to enlarge NATO, and to “democratize” the World Bank and the IMF, always assuming that powerful international governance will make the sector extra strong.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

Tiananmen Square Protest – A Democracy Movement

Abstract:

There are many countries in the world which follows the Unitary One socialist republic.The Communist party is ruling as the Unitary party in countries such as China, Cuba, Vietnam etc. In many of these countries, fundamental rights of citizens were denied though the constitution guarantees the same. In China, as an effort to get the fundamental rights and democracy, a movement initiated by the young students in Beijing and gained momentum within no time. The culmination of this movement held at the TIANANMEN SQUARE. This article talks about the overview of the protest, the way the protest was carried on, how the government handled the situation, international nations reactions to the protest and finally concluded the democracy movement.

Authored by S.Shaalini, VITSOL, Chennai.

The Sino-Indian Border Dispute

Abstract:

India is a diverse country with various culture and traditions. Its boundaries cover almost 15106.7 Square Km. and it is the seventh largest country in the world by area. Similarly, China covering approximately 9.6 million Square Km, is the world’s fourth largest country by area. These two countries are economically important countries in the world, and unfortunately they are frequently engaging in border dispute and an attempt has been made through this article to analyses the history of the border dispute, nature of the current dispute, violations of agreements if any, how the present trade-off is important for both the countries and suggestions available for resolving the same has been made.

Authored by S.Shaalini, VITSOL, Chennai.

First Major Arbitration In Modern Diplomatic History – The Jay’s Treaty

Abstract:

The treaty of Amity, Commerce and Navigation between his Britannic Majesty and The United States of America is commonly known as the Jay’s treaty. It was signed in the year 1795 to avert wars and to maintain peaceful trade relations between United States of America and The Great Britain. Another objective was to resolve all the unsolved issues between these two countries in accordance to the Treaty of Paris which was passed in the year 1783. However this treaty was signed with the expense of angering France.

Authored by Mohan Parthasarathy, School of law, SASTRA Deemed University

Rohingya Crisis

Abstract:

A military crackdown against the Rohingya ethnic group has driven many people from their homes in Myanmar. Rohingya people have faced systematic discrimination over decades, statelessness and targeted violence in Rakhine state, Rohingya people faced many violent attacks. Women and small girls were gang-raped and men were brutally attacked. Most of the people who escaped were severally traumatized after witnessing unspeakable atrocities. Such maltreatment has forced Rohingya women, girls, boys, and men went to go to Bangladesh for many years following violent attacks in 1978, 1991-1992, and again in 2016. Those people who moved from Myanmar have found a temporary shelter in Cox’s bazaar which is now the World’s largest refugee camp.

Authored by Alagappan. N, School of law, SASTRA Deemed University

International Consumer Law: What Is It All About?

Abstract:

Increasing effort has been invested in the internationalization of client law. Some of the recent massive international purchaser regulation–related scandals (e.g., Dieselgate, Facebook) demonstrate the rising relevance of and the want for international patron law. This paper argues that the efforts closer to the internationalization of consumer law should recognition, first, on the establishment of worldwide familiar minimal standards of client safety (as it has been done through the United Nations Guidelines on Consumer Protection) and, 2d, on the development and facilitation of cooperation as a vital prerequisite for the efficient protection of purchasers (because it has been initiated by means of the International Consumer Protection and Enforcement Network), in place of at the harmonization of significant patron law. This isn’t always simplest because coordination among diverse nations within the place of client safety is simpler to attain in exercise thru a coverage method instead of significant harmonization, however additionally due to the fact coordination in practice is an instrument that, because it stands now, is capable of supplying a better level of protection to clients than major harmonization.

Authored by -Nandini Tripathy, Symbiosis Law School, Hyderabad

Evolution Of International Aviation Law

Abstract:

Air travel commences from the Period when Balloons were considered to be the only source of going in the air, an essential aspect of balloons was that they were not driven with the very will of the human beings, but were flown by the rules of weather. During the early years, the Balloons were lifted on a trial basis, by the Montgolfier brothers, with putting a sheep, a rooster, and bird within the Balloons, by this the brothers wanted to check the impact of the height upon the animals. Eventually, for the very first time, 7 humans were taken aboard on the balloon, and as soon this event took place, in 1784 Paris police ordered legislation forbidding balloon flights without any special permits. This seems uncanny, that just when there was an involvement of human beings in the conduct of balloons, there was an evolution of legislation. However, it did seem fair in terms of the anticipation of the incidents that could have taken place.

Authored by – Anmol Agarwal, Maharashtra National Law University, Mumbai & Prapti Allagh, UPES Faculty of law

Cyberwarfare in Context of International Humanitarian Law

Abstract:

Technology has dominated warfare since the early 1900s. Throughout history, societies have put their best minds to work creating new ways to fight each other. New Scientist looks at the major milestones in the development of tools of war. Cyber warfare is a new a phenomenon and scenario under International Humanitarian law. Cyberspace has opened up a potentially new warfighting domain, a man-made theatre of war additional to the natural theatres of land, air, sea and outer space and is interlinked with all of them. It is a virtual space that provides worldwide interconnectivity regardless of borders.

Authored by – Nandini Tripathy, Symbiosis Law School, Hyderabad

Cyberbullying – The era Of E-Crime

Abstract:

Cyberbullying is a major problem and has become a threat in this world. Due to globalisation, the evolution of computer technology,mainly theinternet which is accessed by almost half of the world’s populationhas progressed rapidly to which ithas led to illicit fraud offences and illegal practices. Thesepractices or offencesare known as cybercrime.This article examines the international perspective of cyberbullying under international law with a classic example ofthe current incident of Bois Locker Room in India,which is infringingthe individual’s right to privacy.In this context,it indicates different ways by which an individual can reach to commit such crime and explains the challenges, impacts andits consequences confronted by the victim. It also observes, the International convention with an objective and purview of cybercrime.It also exhibits the boon and bane of social media platforms for students. This article likewise highlights the role of law that involves theregulations enforced in India as well as enforced in international law displaying countries and state with strong, average, and simple cyberbullying laws.The article also suggests self-countermeasuresthat can protectan individual from being trapped. It alsoillustrates an insight report of an interview, providing suggestions and concern for the future.

Authored by Divya Bothra, VITSOL

The ‘Alabama’ Claims: A Maritime Grievance

Abstract:

The Alabama claims(1862-1872), nautical grievances were a series of demand of the United States of America claiming for the damages from the United Kingdom in 1869, for capturing and burning more than 60 ‘Union Merchant Ship’ that arose during the American Civil War (1861-1865). This article deals with the Public International lawthat discusses the role of international law, its importance, and enforcement. The article also conveys about the sources of International Law that includes treaties, custom, and general principles.The other sources specifically the Judicial decision that interprets the precedent are discussed in this article. The paper also elaborates ‘The Alabama Claims’ case, as it is a renowned example under the Public International Law.

Authored by Divya Bothra, VITSOL

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