ISSUE 3

JUS COGENS AND HUMAN RIGHTS VIOLATION

Author: Harshika Kapoor, Lease Abstrator, MRI Software

The connection between jus cogens and human rights is the main topic of this study. For many years, human rights have been infringed all across the world. Starting the conversation on applying Jus Cogens standards as a safeguard for human rights is the first thing we need to do. Here, we first attempt to define and establish a connection between human rights and the Jus Cogens doctrine. The rules of international law known as jus cogen standards must be upheld by all nations, even those that have not ratified any treaties. Jus cogen standards have also been acknowledged by Indian courts. The concept of Jus cogens and how it relates to human rights is a relatively unexplored area. This paper aims to clear the muddled water of their relationship.

EXAMINING THE INNER MORALITY OF THE LAWS OF ARREST: A PHILOSOPHICAL-LEGAL STUDY

Author: Soujanyo Pattanayak, Law Student, KIIT Law School, Bhubaneshwar

We often read the procedures that are followed while a law is enforced, but not so often we think ‘why’ is that procedure implemented. Law is nothing without the society and the welfare of the society is the prime focus of law. So, when any law is carved out it finds the roots in the grundnorm , which comes into existence by the moral code, principles and by the greater concept of what is right or what is wrong. The procedural laws of India have also found its root from the grundnorm of Indian Constitution which was inspired from past events across the world and from Constitution of 10 nations across the globe. Even the concept of Justice has various reasons arguments and debates of its own.

FROM GENDER DISPARITY TO BOARD REPRESENTATION: INDIA’S MANDATE FOR WOMEN DIRECTORS

Author: Soumya Srinavasan, Post Graduate, Jindal Global Law School, Sonipat 

The aim of this paper is to scrutinize the provisions pertaining to gender presence and board representation of women vis-à-vis the established corporate regulations in India i.e., “The Companies Act, 2013” and “SEBI Listing Obligations and Disclosure Requirements, Amendment Act” (LODR), 2018 and across the world. The objective is to also provide policy implementations and suggestions from across the world to have a better board experience by evolving the ‘ESG’ practices with the help of a diverse board.

JOINT VENTURE AGREEMENT IN THE CONSTRUCTION INDUSTRY

Author: Bhawna Singh, Associate Executive, NEC Corporation 

In the present times, Joint ventures have become a standard way of doing business across all industries. But the most rapid growth of the joint ventures has been seen in the construction industry. These projects require a lot of capital and are pretty risky. It is not possible every time for one single company to join this business. There are high chances that they might lose the business to existing big firms. In order to survive in the industry, the most common way is to form a JV agreement. But what is a JV agreement, why do we form, and how do we form it is taken in this paper.

RIGHT TO PRIVACY AND DATA PROTECTION IN INDIA

Author: Shirin, SRM University, Sonipat, Delhi 

The Constitution recognizes an inherent right to privacy under Article 21. This fundamental right throws a long shadow on Indian law, affects legislative and judicial activity, and serves as a check on legislative and executive action. In addition to its consequences for public law, this right has inspired the establishment of a tortious right against the breach of privacy and the interpretation of rights inherent in laws governing consumer protection, health, information technology, and telecom licenses.

PROTECTION OF HEALTHCARE WORKERS AGAINST VIOLENCE WITH SPECIAL REFERENCE TO PANDEMIC TIMES: A LEGAL STUD

Author: Garvit Saraswat, Advocate, Rajasthan High Court (Bench), Jaipur 

Workplace violence against doctors is not new, but it had reached pandemic proportions in recent years. Doctors are more worried about their own safety and well-being at work. The current scenario has worsened due to insufficient government spending on healthcare, which is compounded by the patient’s poor socioeconomic condition and the ever-increasing expense of treatment. The motive of this research is to examine this crucial topic and to try to identify strategies to prevent it.

A STUDY ON SURROGACY: ISSUES AND PERSPECTIVE IN INDIAN SCENARIO

Author: Shivani Shrivastava, Panel Advocate, M.P. High Court, Jabalpur; B.A. L.L.B. (Hons.), L.L.M. (Criminal Law)

Surrogacy initially appears to be a desirable option because a needy surrogate mother receives much-needed money, an infertile couple has their long-desired biologically linked child, and the nation gains foreign exchange, but the reality shows the painful truth. Due to a lack of adequate legislation, commercial agencies and middlemen profit from the exploitation of both intended parents and surrogate mothers. This article gives fundamental understanding of what surrogacy is and the legal procedures that are followed in various nations throughout the world. It also highlights judicial approach, issues and analysis on this issue.

A STUDY OF EMERGING ISSUES IN CYBER LAW

Author: Anjali Lakhwani, 4th year, B.B.A. LL.B., Amity University, Chhatisgarh

All that in this day and age is racing to the digital world, utilizing digitization and systems administration to accelerate their admittance to the web-based world’s abundance of advantages. Showcasing, trade, and correspondence have all been altered, and new, beforehand non-existent areas like internet advertising, web-based business, and online interchanges have all arisen. Notwithstanding, just like with advancement, the hunter develops soon after the prey. Subsequently, the web-based world brought forth a totally new sort of criminal procedure known as digital wrongdoing.

BILATERAL INVESTMENT TREATY AND THE INDIAN JUDICIARY

Authors: Ipsita Aparajita Padhi, 3rd Year, B.A. L.L.B (Hons.), KIIT University, Bhubaneshwar 

Bilateral Investment treaties can be termed as an agreement between any two countries for fulfilling the purpose of protection and promoting their investments in or by companies or by individuals in each other’s territories. The first time a bilateral investment treaty was signed was in the year 1959 which was between the countries Pakistan and Germany. The aim of bringing up BIT was safeguarding and protecting the investments that was made between countries.

ANALYSING THE ROLE OF AMICUS CURIAE IN INTERNATIONAL INVESTMENT ARBITRATION AND HUMAN RIGHTS CONSIDERATIONS

Authors: Archana Goswami, 3rd Year L.L.B. (Hons.), Jindal Global Law School, Sonipat

The article pursues the analysis of the legal jurisprudence in matters of International Investment Arbitration and the subsumed or substantiated role of amicus curiae in the global legal forums. Pivotal focus is attached to international trade and connected disputes so as to reveal the existing dichotomy pertaining to the application human rights norms in such matters of conflict. In an attempt the extrapolate the manners in which global courts, tribunals and regimes treat the amici curiae, precedents set by such institutions are studied in necessary detail.

REGULATION OF OTT PLATFORM: IS THERE A NEED FOR CENSORSHIP?

Authors: Shaina Sengupta, 2nd Year B.B.A. L.L.B., University of Engineering and Management

In today’s generation, people prefer to stream OTT contents more than watching contents that are streamed on Indian television. One major reason for this shift is that the OTT contents are more diversified and explicit as creators have more creative freedom when it comes to OTT contents, unlike contents meant to be streamed on Indian televisions or theaters which are strictly regulated and censored by the Indian Government.

INTIMATE PARTNER VIOLENCE VICTIMIZATION

Authors: Haryaksh, Manipal University, Jaipur

Bhavik Kumar, Manipal University, Jaipur

Aparna Tomar, Manipal University, Jaipur

An act of aggression or abuse by the person having a very closed as well as an intimate relationship, and the relationship can be even of married couples or dating partner is known as Intimate Partner Violence Victimization. The severity and occurrence of Intimate partner violence differ from couple to couple. All societies across the globe are fighting a battle against this violence but there seems to be a dead end, it’s like a lost battle that they are fighting because the personals implementing the law against it or the one protecting the victim, might be an abuser in one way or the other which nobody can tell.

ASSESSING THE MERITS AND DEMERITS OF PARTICIPATORY RIGHTS OF PUBLIC WITH REGARDS TO EIA AND THE AARHUS CONVENTION

Authors: Tanish Amin, 2nd year, B.B.A. LL.B., Symbiosis Law School, Pune affiliated to Symbiosis International (Deemed) University

One of the main purposes of establishing law is to set standards in a specific jurisdiction on which it evolves through time. As per the World Bank, “the proposed EIA draft is out of sync with state practices, international law.” The very ecosystem we live in is being disregarded from the times of renaissance industrial revolution.

INDIA’S WHITE-COLLAR CRIME: A CRITICAL ANALYSIS

Authors: Surbhi Gill, Law Student, School of Law, Lovely Professional University, Jalandhar.


Richa Gaur, Assistant Professor, School of Law, Lovely Professional University, Jalandhar.


White collar crimes, when related to other modes of crimes, are much more likely to target corporations rather than individual people, as they involve a higher number of perpetrators, have quite a longer time, and follow a well-defined pattern. After so many economic and financial scandals, people were of the belief that scandals of such a nature were unlikely to hit the country or the market once again. But contrary to such expectations, the situation has been different.

RAPE AS SOCIAL PROBLEM: ISSUES & CHALLENGES

Authors: Ujjwal Chandra, 5th Year Law Student, School of Law, Lovely Professional University, Jalandhar.

Richa Gaur, Assistant Professor, School of Law, Lovely Professional University, Jalandhar.

The impact of rape situation characteristics on college students’ feelings regarding compassion for the victim and recommending that the occurrence be reported to the authorities was investigated in this study. The effect of media attention on these viewpoints is often looked into.

BASE EROSION AND PROFIT SHIFTING IN CORPORATE LAW – HOW IT’S EFFECTED AND IT’S PART IN INDIA 

Author: Swagatha Daas, B.Com. LL.B., School of Law, University of Petroleum & Energy Studies, Dehradun.

TBEPS ought to at this point be a really recognizable abbreviation to the individuals who follow global assessment advancements. However, indeed it has a moderately short history. Accordingly, the OECD distributed its report, Addressing Base Erosion and Profit Shifting, in February 2013. The report noticed that in an inexorably interconnected world, public expense laws have not generally stayed up with worldwide organizations, smooth motion of capital and the ascent of the advanced economy, leaving holes that can be taken advantage of to create twofold non-tax collection.

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