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Case Comment: Sahara India Real Estate Corporation Ltd. and Others v. Securities and Exchange Board of India and Another, MANU/SC/0735/2012
Yashomati Ghosh The Universal Declaration of Human Rights (1948) had recognized a set of rights as inalienable to mankind for the purpose of protecting human dignity and freedoms. Two of the most essential rights recognized by this Magna Carta of Human Rights are the right to freedom of speech and expression and the right to […] -
Case Comment: Situation in the Democratic Republic of the Congo In the Case of the Prosecutor v. Thomas Lubanga Dyilo
Introduction On 1st July 2012, the International Criminal Court (ICC)[i] celebrated its 10th anniversary, meanwhile it had even concluded its first ever review meeting of its statute – stock taking, which took place in Kampala, Uganda during 31st May to 11th June 2010.[ii] If we look into the work of the ICC during these 10 […] -
ROLE OF ADR IN INVESTOR-STATE DISPUTES
Sukant Vats INTRODUCTION In contemporary international investment law, international arbitration has established itself as the main option through which foreign investors can pursue claims that they have against a host State resulting from an investment dispute. Provisions on investor–State dispute settlement (ISDS) are enshrined in almost all contemporary international investment agreements (IIAs)[i]. To provide in […] -
Distinguished Jurist: A Tale of a Failed Constitutional Experiment
Rabindra Kr. Pathak Setting the Stage Jurist is a word of lexical ambiguity evoking many a forensic imagery. Every lawman is well acquainted with this invisible yet omnipresent creature, very much like the reasonable man of the common law. Indian constitution gives due recognition to “jurist” under article 124 without defining it. But this has […] -
“Examining the Institutions for Public Policy in India: The Role of Judiciary in creating the space for Citizen-Centric Governance”
Pradip Kumar Parida Introduction: Governance legitimizes the ‘state’ actions and duties as well as responsibilities of a ‘citizen’ in a given ‘state structure’. As per the law of the land ‘what is the entitlement of a citizen’, keeping in background the political history, socio-economic development, resources available with the government at that particular point of […] -
PUBLIC POLICY: ACHILLES HEEL OF INDIAN ARBITRATION
Daniel Mathew Introduction Over the years there has been an increasing thrust on resolving disputes using alternate dispute resolution mechanisms in particular arbitration. This tremendous leap in its popularity could be attributed to its three defining characteristics – efficiency, cost effectiveness, and finality. For commercial transactions, arbitration became the ADR method of choice, with many […] -
INTENDED PARENTS AND THE LEGAL CONCERNS IN SURROGACY PRACTICES
Aneesh V. Pillai Introduction Traditionally, the concept of a family is that of a mother, father and one or more children. The natural expectation of majority of people is that they would marry and establish a family of their own. The desire to raise genetically related children is one of the most fundamental instincts of […] -
COMPARATIVE FEDERALISM: TESTING INDIAN CONSTITUTION ON THE YARDSTICS OF IVO D. DUCHACEK
Yogesh Pratap Singh “Personally, I do not attach any importance to the label which may be attached to it-whether you call it a federal Constitution or a unitary constitution or by any other name. It makes no difference so long as the Constitution serves our purposes.” —-Dr. Rajendra Prasad An acute problem today concerns the […] -
Elusive quest for Right to Access Internet in the Indian Legal Landscape
Uday Shankar and Saurabh Bindal “As the authors sketch the last words to this piece, they sit back and reflect whether this word of theirs will be known to the world morrow, because they apprehend that with the growing day, the dusk delved by the ineluctable “State” will shroud their right to access internet.” Revolution […] -
FARMERS’ RIGHTS UNDER PLANT VARIETY PROTECTION (PVP) LEGISLATION IN INDIA: A CRITICAL STUDY
Ms. Sophy K.J.* This study intends to analyze ‘why we need a law that concern with rights of farmers’ and whether such a protection helps in conservation of protection of plant varieties in India. Farmer is the first link in the food security especially in countries like India where 70% of population engaged in agrarian […]