International Law Forum

LSS’s International 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…

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…

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…

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…

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 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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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 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…

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…

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…

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…

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…

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…

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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…

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.…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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