Judicial Activism in Environmental Protection: An Environmentally Active Judiciary

Author: Nivedita Saxena, Research Associate Judicial activism is essentially the terminology for judicial rulings that are suspected of being based on personal, political or other considerations rather than the existing laws and go beyond the scope of judicial review. Black’s Law Dictionary defines judicial activism as a “philosophy of judicial decision-making whereby judges allow their personal...

Third Parties in International Commercial Arbitration

Author: Risha Sharma, Research Associate I fervently trust that before long the principle of arbitration may win such confidence as to justify its extension to a wider field of international differences. –          Henry Campbell-Bannerman The word ‘Arbitration’ has not been clearly defined in the Act of 1996. Section 2 (1) (a) of the Act very vaguely defines arbitration as “any...

Limited Liability Partnership: India’s Touching New Milestones

Author: Abhinav Gaur, Research Associate The concept of Limited Liability Partnership has been a recent phenomenon in India, introduced in India by way of the Limited Liability Partnership Act, 2008. A Limited Liability Partnership, popularly known as LLP is an amalgamation of the advantages of both the limited liability of a Company and dynamics of a Partnership into a single form of organization...

My World Global Survey 2015

Your 3 minutes – a valuable contribution to help the United Nations in deciding the future goals of the world we live in. In 2000, United Nations mentioned eight international development goals that were officially established following the Millennium Summit of the United Nations, following the adoption of the United Nations Millennium Declaration known as The Millennium Development Goals. All 189...

An Introduction to Sources of International Law

Author: Donia Joevion Fuller, Research Associate The clearest exposition on what one may consider as a source of law is to be found in Article 38(1) of the Statute of the International Court of Justice (ICJ), which states: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a)      international conventions, whether general...

Difference between Crime and Other Wrongs at Common Law

  Author: Ria Tandon, Research Associate When we have come down to bringing  out a difference between Crime and Wrong at Common law then the immediate idea, which would strike the mind of any person would be that of crime versus torts or civil wrong. However, through this paper author tries to define the meaning of other wrong besides what wrong really is with respect to Common law. Crime is...

Attributing mens rea to Corporations – The Judicial Journey

Author: Tanya Agarwal, Research Associate Criminal Law is a policy tool to regulate the undesirable conduct in the society. It is a means to an end, not an end in itself. Criminal activities are the worst sorts of behaviour that members of societies can engage in. If corporations commit some of the worst sorts of activities, then we should be entitled to label them as criminal1. ‘Corporations’...

Copyright infringement and protection

Author: Abhinav Gaur, Research Associate The first Copyright Act (India) was passed in the year 1914. Currently, the Copyright Act, 1957 governs the copyright law in India. The original Act of 1957 was amended several times like in the year 1983, 1984, 1992, 1994, and recently in 1999. Section 16 of the Act provides that, ‘no copyright exists in any work, except as provided in the Act’. The moral...

IPR & Human Rights: Consonance or Dissonance?

Author: Pankhuri Agarwal, Research Associate Long ignored by both the human rights and intellectual property, the co-existential puzzle of the two still remains. Laurence Heifer has famously observed that – while intellectual property and human rights “were once strangers,” and have “for decades…developed in virtual isolation from each other,” they are now becoming “increasingly...

Environmental Rights and Green Justice

A Shift from Traditional Understanding of litigation Author: Akshay Shandilya, Research Associate The last two decades have seen a period of rapid degradation of the Indian environment. The laws, by and large, have remained unenforced, mal-administered or mismanaged. In such situations, the environmental activists and NGOs have approached the Court for suitable remedies and the Court’s intervention...

Constitutional & Legislative Provisions for the Protection of Environment

Author: Anshu Bansal, Research Associate “We have to live on the earth. We cannot go and live on the other planets. Let us keep the earth clean. Let us keep the atmosphere peaceful”. -V.D.KULSHRESHTHA Indian constitution is the bulkiest constitution in the world and it is the only constitution which recognises the right to healthy environment in its broadest sense. Taken together, the provisions...

Enforceability of Foreign Arbitral Award in Indian Regime

An Analytical Approach towards the Scheme Author: Pankaj Sevta, Research Associate A foreign award can be enforced in India under the multilateral international conventions to which India is a party, namely, the Geneva Convention of 19271or the New York Convention of 19582, if the said convention applies to the relevant arbitration. The foreign award must have been made in a country which has ratified...

Development of Environment Protection at an International Level

Author: Nivedita Saxena, Research Associate Importance of International Law International law is important for environmental protection majorly in the following ways: Problems that are Trans-boundary and global in nature, require international solutions, implying that international legal regulations in some form are desirable or necessary. International agreements generate standards which can then...

Understanding Limited Liability Partnership ( LLP )

Author: Khushboo Nahar, Research Associate Limited liability partnerships are relatively new creations that commonly are used for financial protections. With a general partnership, individuals may be personally responsible for a partner’s actions. Limited liability partnerships, or LLPs, limit the amount that may be recovered in a lawsuit to partnership assets alone. This led to the rapid success...

Quasi-Contracts under the Indian Contract Act

Author: Sourish Saha, Research Associate Quasi-Contracts are transactions which do not arise between the parties in the proper legal sense but out of rights and obligations similar to those created by a contract. Example- A pays to B the money that C owes B. Therefore, A shall be entitled to be reimbursed by C. Quasi Contract or Implied Contract is used interchangeably. Such contracts deal with rights...

International Humanitarian Law: From Mythological to Modern Times

Author: Amitabh Robin Singh, Research Associate International humanitarian law can be defined as a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed...

Environmental Protection under Indian Constitution

Author: Shashank Sahay, Research Associate The Indian Constitution is amongst the few in the world that contains specific provision son environment protection. The directive principles of State Policy and the Fundamental Duties chapters explicitly enunciate the national commitment to protect and improve the environment. Judicial interpretation has strengthened the constitutional mandate1. The Problem...

Distinction between Crime & other wrongs – at Common Law

Author: Aviral Umrao, Research Associate Civil law, or continental law, is the predominant system of law worldwide, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, which are applied and interpreted by judges. Common law is the legal system that developed in England. Common law began to be developed primarily through custom and verbal law before laws were...

Abuse of Dominance: Indian Competition Commission unveiling the fraud

Author: Abhinav Gaur, Research Associate Though the law cannot hinder people of the same trade from sometimes assembling, it ought to do nothing to facilitate such assemblies; much less to render them necessary1. With the advancing competition and ever-growing need for trade and commerce, countries all over the world have already begun adopting liberal trade and economic policies with a view to advance...

A Primer on Multilateral Environmental Agreements

Author: Akshay Shandilya, Research Associate The Statute of ICJ has not laid down any order in which the Court is expected to apply various sources of international law. Still, placing an international convention at the top of the list of sources available to the court is a testament to the value and emergence of treaties as the most important source1. These caucuses have contributed majorly towards...