Crimes and other common law wrongs

Author: Pragnya Vasishtha, Research Associate Blackstone1in his Commentaries on the Laws of England has stated that crimes are public wrongs. Private wrongs, for Blackstone, refer to “an infringement or privation of the civil rights which belong to individuals, considered merely as individuals”, while public wrongs refer to “breach and violation of the public rights and duties, due to the whole...

There is no justification for the privatization of prisons

Author: Dmytro Tupchiienko, Institute of Criminology, University of Cambridge (UK) Why then ’tis none to you; for there is nothing either good or bad, but thinking makes it so. To me it is a prison. Shakespeare, Hamlet, Act 2, scene 2 Introduction My motivations for writing a thesis on this topic are that the prison system in my Eastern European country is in dire need of reform. There is thus...

Definition of International Law and the Law of Unmanned Weapons

Author: Donia Joevion Fuller, Research Associate In recent times, many have questioned whether the status of international law as a genuine body of law. The reasons are tumultuous and stem from what is perceived as a worldwide disregard for several international instruments and principles. For instance, as Darfur continues to be embroiled in bitter conflict, Sudanese children are constantly forced...

Classification of Companies

Author: Nayantara Narayan Industrial has revolution led to the emergence of large-scale business organizations. These organizations require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely...

Reflection of Crime As a Dynamic Concept

Author: Tanya Agarwal, Research Associate The earliest reference to the word ‘crime’ puts the date in the fourteenth century. It conveyed to the mind something disreputable or wicked1. Scholars, in different time periods have made efforts to define the term ‘crime’, focussing on one or the other dimension of a prohibited act. Sir William Blackstone’s modified definition of crime reflects...

Acid Attacks: Some Relief for the Etched

Reported by K Shivani Prasad If there is a bloomy side of independent India, where the country is on its path to economical and technical progress there also exist a grotesque picture of women of our country being dragged into a lifetime of trauma and misery. All that an offender needs is a few bucks to buy a bottle of acid to make a woman subject to a lifetime of social ridicule. With a defiled face...

Preamble of Indian Constitution and its Significance

Author: Aditya Singh, Research Associate The Preamble to the Constitution is the lodestar and guides those who find themselves in a grey dealing with its provision. According to the canons of statutory interpretation, the proper function of a Preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood. In short it contains a...

Is International Law a “Law” in the true sense?

Author: Amitabh Robin Singh, Research Associate International law has been defined in many ways be many people but the three prominent scholars whose definitions carry the most weight are: the German jurist Lassa Francis Lawrence Oppenheim, James L. Brierly and Joseph Gabriel Starke, the Australian scholar. At the very outset of this piece, we will look at how these three scholars have defined international...

Conceptions of Crime

Author: Aviral Umrao, Research Associate Many attempts have been made to define crime, but they all fail to help us in identifying what kind of act and omission amounts to a crime. Perhaps this is because of the changing notions about crime from time to time and place to place. The concept of crime varies from varies not only according to the values of particular group and society, its ideals, faith,...

Refugees in South Asia: Law Praxis and Policy Paralysis

DR. Nafees Ahmad, Assistant Professor, South Asian University-New Delhi AN OVERVIEW  Human beings have migrated since the earliest societies. The first migrants were tribal people in search of food, water and resources. They were not yet refugees or asylum seekers; they were mere gatherers or hunters who began exploring new lands to settle. The land, provided for much of their basic needs and soon,...

An introduction to Arbitration Agreements

Author: Risha Sharma, Research Associate “I realised that the true function of a lawyer was to unite the parties . . .  a large part of my time during the 20 years of my practice as a lawyer was occupied in bringing about private compromise of hundreds of cases. I lost nothing thereby – not even money, certainly not my soul. ” – Mahatma Gandhi Arbitration has been recognised as an effective...

Liability of the air carrier towards the victims

Author: Medhavi Singh, NLU Delhi With the recent tragic crash of the Air India Express at Mangalore, one of the major growing concerns of Aviation law is the liability of the carrier towards the victims. The Carriage by Air Act, 1972, amended in 2009 pursuant to India’s accession to the Montreal Convention, serves as the legal regime governing passenger compensation in India in the event of air accidents...

Arbitration Agreements: Understanding the Basics

Author: Sibani Panda, Research Associate ‘At all events, arbitration is more rational, just, and humane than the resort to the sword’ – Richard Cobden The provisions of the Arbitration & Conciliation Act govern arbitration in India. The United Nations Commission on International Trade law (‘UNCITRAL’) which was established in the 1966 has been responsible for the development of international...

Supreme Court Rejects the Plea of Reducing the Juvenile Age from 18 to 16 Years

Reported by K Shivani Prasad On Wednesday 17th July, the Supreme Court turned down the plea to reduce the age of juvenility from 18 to 16. The plea was made by the cluster of Public Interest Litigations filed by virtue of the December 16 brutal gang-rape and murder case seeking to amend the Juvenile Justice (Care and Protection of Children) Act 2000 so that the juveniles do not get the protection...

Sustainable Development: Solution for Environmental Issues

Author: Nivedita Saxena, Research Associate The Environment V/s Development debate has gone on for centuries now, and has been an issue ever since Indian Independence. Development is the progressive growth of the economy and society in general. Development as a whole does not just comprise of economic growth, there are other aspects to it, like the welfare of the people, education, gender equality,...

An Introduction to International Law

Author: Pankhuri Agrawal, Research Associate The legal universe has been broadly divided into two parts- the International Law that deals with the rules governing relations of nation states and the domestic law, which deals with the rules operating within a state governing the conduct of its subjects. The term “International Law” is used for the first time by Jeremy Bentham in ‘Principles of...

Call for Papers – National Law University, Odisha

Colloquium Opus, Seminar Committee of National Law University, Odisha is inviting call for papers for National Seminar on “Institutional Challenges to Protection of Environment” to be held on 24th and 25th of August, 2013. The event is open for contributions from 3 year and 5-year LLB students in India selected based on papers submitted and the quality of their research. The committee shall...

Development and Environment: Sustainable development the answer

Author: Anshu Bansal, Research Associate The idea of sustainability can imply there is one perfect, unchanging future, if only we could work out how to get there. Resilience might be more useful, in that it assumes a dynamic environment and that perfection is impossible. You need to design systems to accommodate failure rather than eliminate it1. The tussle between development and environment is not...

Author’s Special Rights

Author: Abhinav Gaur, Research Associate It was in the eighteenth century that a view that an author of the work shall have an exclusive copyright in his work which he has come up with using his own intelligence and creativity. Since, before the eighteenth century the publishers considered themselves under a major risk as they acquired work from the author and did its printing and publishing. This...

Universal Declaration of Human Rights: Behind the Scenes

Evangelia Linaki, LL.M. Student at Leiden University The existence of the notion of human rights can be traced back to the Magna Carta Libertatum of the 13th century, which referred to individual liberties and rights1. Despite its early roots, International Human Rights Law would have to undergo many changes and experience devastating historical circumstances on its way to gain its today form. Within...