International Law Forum

LSS’s International Law Forum

Submissions are welcomed

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.

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.

RELATED

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.

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.

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.

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.

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.

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.

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.

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.

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

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

Analysing the Competition Law issues in the ambitious Jio-Facebook deal

Abstract:

Facebook is making an investment $5.7 billion or INR 43,574 crore to get near 10% fairness in Jio Platforms Limited. In its press release, the social media large expressed its intention to connect Jio’s e-commerce platform, JioMart, to small groups and shops thru “the energy of WhatsApp” to make online shopping a unbroken cell enjoy. The Jio-Facebook deal introduced final week guarantees to push India’s virtual transformation to new heights. However, out of some of regulatory approvals, Competition Commission of India’s (CCI) approval is the most critical one. To consummate a deal that crosses the thresholds mentioned under Section five of the Competition Act, 2002, CCI’s approval is mandatory. Section 6 sub-section (2) examine with Regulation 5 of the Combination Regulations evidences a suspensory regime i.e. The approval should be acquired prior to final of the deal within the united states.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

%d bloggers like this: