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Articles 1 - 14 of 14
Full-Text Articles in Law
Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav
Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav
Articles
Since the enforcement of the General Agreement on Tariffs and Trade (GATT) in 1947 and subsequently with the establishment of the World Trade Organization, the global community has been moving towards a more secure and rule-based international trade law regime. The cornerstones of the system are predictability and transparency, which ensure that a state, no matter how powerful, cannot undertake a discriminatory trade measure against another going above and beyond the rules. However, the recent instances of unilateral invocation of the security exceptions found in the various trade agreements endanger the very basis of the WTO system. The very first …
Employment Trajectories And Mental Health-Related Disability In Belgium, Sudipa Sarkar, Rebeka Balogh, Sylvie Gadeyne, Johanna Jonsson Et Al.
Employment Trajectories And Mental Health-Related Disability In Belgium, Sudipa Sarkar, Rebeka Balogh, Sylvie Gadeyne, Johanna Jonsson Et Al.
Articles
An individual’s quality of employment over time has been highlighted as a potential determinant of mental health. With mental ill-health greatly contributing to work incapacities and disabilities in Belgium, the present study aims to explore whether mental health, as indicated by registered mental health-related disability, is structured along the lines of employment quality, whereby employment quality is assessed over time as part of individuals’ labour market trajectories.
Transition From The Informal To The Formal Economy: The Need For A Multi-Faceted Approach, Kamala Sankaran
Transition From The Informal To The Formal Economy: The Need For A Multi-Faceted Approach, Kamala Sankaran
Articles
The recent international attention paid to the formalization of the informal economy finds reflection in ILO Recommendation No. 204 concerning the transition from the informal to the formal economy and the Sustainable Development Goals (Target 8.3). There is great diversity within the categories of the informal sector, informal employment, and informal economy in India. This paper examines the category of the ‘informal economy’ as understood in international instruments as well as in international statistics and maps these onto legal categories recognized within Indian law. The categories of ‘employed’, ‘engaged’, and ‘work arrangement’ used in Indian laws, and their interpretation by …
Product Liability Action: A Tooth To Strengthen Consumer Protection, Ashok R. Patil
Product Liability Action: A Tooth To Strengthen Consumer Protection, Ashok R. Patil
Articles
As the world shifts to technological advancements, the advent of e-commerce marks its peak, particularly in India, where it has been earmarked as the fastest growing market with an annual growth rate of 51%. While these developments are an important part of globalization, a few challenges come along. Issues like unfair contracts, privacy, data protection, faulty goods, refund or return remained unaddressed as the earlier existing Consumer Protection Act, 1986 did not elucidate on the same. Given the above, the Law Commission of India had recommended that a separate law be enacted for better consumer protection. Based on the recommendations …
Book Review Of ‘Women, Peace And Security And International Law’, Christine Chinkin, Cambridge University Press, Akhila Basalalli
Book Review Of ‘Women, Peace And Security And International Law’, Christine Chinkin, Cambridge University Press, Akhila Basalalli
Articles
The social neutrality and gender disregard of mainstream international law have motivated the pioneering works of Christine Chinkin in addressing the gender disparity, for instance, the book ‘The Boundaries of International Law: A Feminist Analysis’ co-authored with Hilary Charlesworth. The book ‘Women, Peace and Security and International Law’ by Chinkin is an updated and detailed version of the lecture delivered in the Lauterpacht Centre for International Law in October 2016 as a part of the Lauterpacht lecture series. It was subsequently published by Cambridge Publishers in 2022.
Shades Of Life In Indian Abortion Law, Gauri Pillai
Shades Of Life In Indian Abortion Law, Gauri Pillai
Articles
This case comment analyses the recent Kerala High Court decision in Cry of Life Society v Union of India, where a petition was filed to declare India's law on abortion unconstitutional for violating the right to life of the foetus. The High Court dismissed the petition, upholding the constitutionality of the legislation as protecting women's right to life. The author discusses the High Court's order, narrowing in on the right to life argument used by the Court, and the right to life argument that the Court missed. This analysis distills and responds to the 'shades of life' underlying abortion law …
Justice Versus Judiciary: Justice Enthroned Or Entangled In India? (2019) By Sudhanshu Ranjan, Oxford University Press, New Delhi, Arun Thiruvengadam
Justice Versus Judiciary: Justice Enthroned Or Entangled In India? (2019) By Sudhanshu Ranjan, Oxford University Press, New Delhi, Arun Thiruvengadam
Articles
Justice Versus Judiciary: Justice Enthroned or Entangled in India? (2019) By Sudhanshu Ranjan, Oxford University Press, New Delhi
Covid-19 And (Mis)Understanding Public Attitudes To Social Security: Re-Setting Debate, Sudipa Sarkar, Michael Orton
Covid-19 And (Mis)Understanding Public Attitudes To Social Security: Re-Setting Debate, Sudipa Sarkar, Michael Orton
Articles
The Covid-19 pandemic has seen emerging debate about a possible shift in ‘anti-welfare commonsense’ i.e. the orthodoxy previously described in this journal as solidifying negative public attitudes towards ‘welfare’. While a shift in attitudes might be ascribed to the circumstances of the crisis it would still be remarkable for such a strongly established orthodoxy to have changed quite so rapidly. It is appropriate, therefore, to reflect on whether the ‘anti-welfare’ orthodoxy was in fact as unequivocal as claimed? To address this question, challenges to the established orthodoxy that were emerging pre-pandemic are examined along with the most recently available survey …
National Medical Commission Act, 2019: The Need For Parity, Ov Nandimath, S. Suhas, Y. Malik, B.C. Malathesh
National Medical Commission Act, 2019: The Need For Parity, Ov Nandimath, S. Suhas, Y. Malik, B.C. Malathesh
Articles
The National Medical Commission (NMC) has replaced the erstwhile Medical Council of India with the intention of bringing about positive reforms in medical education and enforcing ethical standards in the practice of medicine in India. The NMC Act of 2019, under clauses 3 and 4 of Section 30, details the procedure of grievance redressal. However, these clauses in their current form empower doctors and patients unequally. While the Act empowers an aggrieved medical professional to approach the relevant appellate fora under the NMC, it is silent on a similar opportunity for an aggrieved patient or caregiver to appeal against the …
The Road Ahead For Environmental Impact Assessment In India: Insights From Expansion In Coal Mining, Sneha Thapliyal, Meenakshi Kapoor, Krithika Dinesh
The Road Ahead For Environmental Impact Assessment In India: Insights From Expansion In Coal Mining, Sneha Thapliyal, Meenakshi Kapoor, Krithika Dinesh
Articles
One of the most contentious changes proposed in the draft environmental impact assessment notification, 2020 in India is the circumvention of public consultations for the expansion of projects for up to 50% of their original capacity. Similar exemption from public hearing, albeit for 40% capacity expansion, has been permitted as a special case for the coal mining sector since 2017. The minutes of the meetings of the coal mining expert appraisal committee between August 2017 and January 2021, which reviewed the requests for coal mine expansion, are analysed herein. It was found that the expert appraisal committees had effectively sidelined …
A Continuing Constitutional Conversation: Locating Nitisha, Gauri Pillai
A Continuing Constitutional Conversation: Locating Nitisha, Gauri Pillai
Articles
In April 2021, the Supreme Court of India decided Nitisha v Union of India, holding that the gender neutral hiring procedure adopted by the Indian Army indirectly discriminated against women officers by disproportionately excluding them from promotion. This effect was experienced due to systemic discrimination against women built into the appointment criteria. To redress systemic discrimination, the State was required not only to abstain from direct or indirect discrimination but also to positively act to bring in structural change. Nitisha makes significant contributions to developing the constitutional understanding of non-discrimination. It identifies the essential nature of discrimination as systemic rather …
Assessment Of Consumer Protection Act 2019 To Support Tobacco Control In India, Ashok R. Patil
Assessment Of Consumer Protection Act 2019 To Support Tobacco Control In India, Ashok R. Patil
Articles
The use of tobacco products has been clearly established to cause significant medical and economic harm. While specific tobacco control legislation has been enacted in the form of the COTPA 2003, it is important to examine if other legislations can be utilised for regulation of tobacco consumption. One such legislation is the Consumer Protection Act 2019, which significantly expands the rights of consumers and protection given to them in terms of product safety and product quality. Accordingly, this paper provides an in-depth analysis of the Consumer Protection Act 2019 and the scope of utilising this legislation and the jurisprudence on …
The Meld Model: The Holy Grail Of Indian Corporate Jurisprudence, Rahul Singh
The Meld Model: The Holy Grail Of Indian Corporate Jurisprudence, Rahul Singh
Articles
Is a model of a theory of Indian corporate jurisprudence effable? This paper posits that jurisprudence of Indian corporate law is desirable and possible. Given the relative nascence of the Companies Act 2013, Insolvency and Bankruptcy Code 2016 and the Competition Act 2002, this paper undergirds the possibility of jurisprudence through modelling-the meld model-which is, jurisprudentially speaking, a synthesis between 'exclusive legal positivism' and 'law and economics'. The paper instantiates the utility and desirability of the meld model through test suites - i.e. select case laws in the context of company, competition and insolvency laws. With the help of test …
Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik
Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik
Articles
Water being a scarce resource, questions of its allocation and distribution, coupled with concerns of its depletion have troubled policy makers, legislators, and judges alike. While, over the years there has been significant development on the discussion surrounding the rights-duty paradigm of water resources, by establishing the obligation of states, discussion surrounding a certain value-based approach to guide the minds of important stakeholders in creating and enforcing policy has gained far less traction comparatively. It is in this context that this paper explores an alternative justice-based approach to water, drawing from the works of Amartya Sen on capabilities and more …