Digital Commons Network^™

Recognition Of Prior Learning In Irish Higher Education – A Qualitative Study, Deirdre Goggin

Theses

This study examines why, despite inclusion in national strategy and position papers, the practice of Recognition of Prior Learning (RPL) remains at low levels in Irish higher education. The study focuses in particular on the recognition of informal and non-formal learning and seeks to elucidate the factors which have most influence on practice. In the Irish higher education context, RPL incorporates prior formal, informal, and non-formal learning which is validated within the context of a specified destination award from level one to ten on the national framework of qualifications (European Commission; Cedefop; ICF International, 2014, p. 3). The research conducted …

Characterisation Of Asymptomatic Bacteriuria (Abu) Isolates And Their Antimicrobial Activity Against Uropathogenic Escherichia Coli (Upec), Ciara Kenneally

Theses

Uropathogenic Escherichia coli (UPEC) is the most common aetiological agent of community and hospital-acquired urinary tract infections (UTIs). UTIs caused by E. coli result in considerable morbidity, mortality, and economic loss worldwide due to increasing resistance to antibiotics. Substantial efforts are being made to develop novel alternatives to conventional antibiotic therapies. One approach is the principle of bacterial interference; using low-virulence, or commensal, bacteria to prevent colonisation of pathogens by competing for nutrients, or producing antimicrobial compounds such as bacteriocins. E. coli isolates inducing asymptomatic bacteriuria (ABU) have been proposed as a therapeutic alternative for UPEC infection. ABU is a …

The Exploitation Of Genomic Information For Dairy And Beef Cattle Breeding, Cliona Ryan

Theses

Genotype information is now available for over 4 million Irish dairy and beef cattle, and is primarily used for parent verification and genomic evaluations. Additional benefits that can be generated from genomic data should be explored to maximise the respective return-on- investment. This thesis investigated novel approaches that leverage genome-wide genomic information in cattle, focusing on using the genotype data to accurately determine breed composition, to quantify the association between major genes and performance traits, and to identify karyotype abnormalities. Furthermore, the value of genotyping for the purpose of identifying genetically superior animals depends largely on the accuracy of the …

The Role And Position Of Dual Credit In P-20 Education, Aaron Heinzmann

Murray State Theses and Dissertations

The trend in dual credit enrollment and deployment in secondary and postsecondary institutions has been steadily increasing over the last few decades. All 50 states have some form of dual credit that provides opportunity for secondary students to accelerate through their postsecondary pathways by earning college credits while still in high school. Students in dual credit can expect to achieve higher grade point averages in college, finish their degrees or certificates sooner, and realize postsecondary cost savings. As dual credit continues to permeate the P-20 landscape, educational leaders consider and continue to realize the benefits and drawbacks of accelerated collegiate …

Table Of Contents And Masthead, Indian Journal Of International Economic Law

Indian Journal of International Economic Law

No abstract provided.

Climate Defence In Investment Disputes: Azienda Elettrica Ticinese V. Germany And The Paris Agreement, Maria Laura Marceddu, Kanishka Bhukya, Debditya Saha

Indian Journal of International Economic Law

This case comment examines Azienda Elettrica Ticinese (AET) v Federal Republic of Germany, the most developed instance to date of a State deploying the Paris Agreement as a central element of its investment defence. The dispute arises from Germany’s 2020 Coal Ban Act and AET’s claims of indirect expropriation and breach of the fair and equitable treatment standard under the Energy Charter Treaty. Germany invokes the Paris Agreement in three distinct ways: as justification for its regulatory measures under the police powers doctrine; as interpretive context for the fair and equitable treatment standard; and, most innovatively, as applicable law …

The Eu-Palm Oil Disputes: A Turning Point In Trade And Climate Jurisprudence?, Pallavi Arora

Indian Journal of International Economic Law

This article critically analyses the panel reports of the World Trade Organisation (WTO) in the EU–Palm Oil disputes, which challenge key elements of the European Union’s Renewable Energy Directive II and its accompanying Delegated Regulation. These disputes raise foundational questions at the intersection of international trade law and climate governance, including the treatment of non-product-related process and production methods (NPR-PPMs), the extraterritorial reach of trade-related climate measures, the role of international standards under the Agreement on Technical Barriers to Trade (TBT Agreement), the degree of deference granted to WTO Members in adopting (alleged) climate measures, and the extent to which …

Mozart’S Violin Concerto In D Major, K. 271a/271i: A “Dubious” Work That Is Nevertheless Worthy Of Study, Di Su

Publications and Research

Mozart Violin Concerto in D Major, K. 271a/271i, also known as Kolb Concerto, is a less popular, due to the unsettled authenticity matter, and yet a worth learning piece. In this concerto Mozart, if he wrote it, seemed to have not only kept his previous violin concerto writing style but also started exploring new ways of writing. Aiming at college music students, violin teachers, and professional performers, this article calls for the attention to this rarely performed violin concerto. The author synthesizes background information, such as authenticity and viewpoints of many musicologists, about this concerto from various sources and …

Language, Hip Hop, And Identity Work On Youtube, Matt Garley, Cecelia Cutler

Publications and Research

As hip hop has evolved into the dominant form of global popular music, YouTube has become a locus of fan-artist interaction. This chapter examines how hip hop artists and fans produce their identities and engage with hip hop culture on YouTube. This identity work centers around establishing credibility, glocal and ethnic positioning, and signaling stances of resistance and simultaneous alignment with ultralocal and global hip hop personae. Building on a background of research about language and identity in hip hop, particularly in the Internet sphere, the chapter summarizes the state of the art and then highlights the authors’ own explorations …

"I Failed My Brother": How Online Radicalization Affects The Family Unit, Serenity Dawn Kollasch

Honors Program Theses

No abstract provided.

Economic And Social Rights, Corruption, And Covid-19: The Indian And South African Experiences, Anashri Pillay

National Law School of India Review

India and South Africa have been at the forefront of debates about economic and social rights for many decades. Whilst the apex courts in these states have led the way in interpreting and handing down remedies stemming from these rights, vast social and economic inequalities persist. This article uses the responses to Covid-19 as a basis to consider how corruption has affected the realisation of economic and social rights in each of these countries. The article goes on to address broader arguments about the value of international human rights in tackling corruption. A human rights perspective is a relatively recent …

Stolen By Wolves: A Critique On The Supreme Court’S Understanding Of Women’S Reservations In India, Rashmi Raghavan

National Law School of India Review

Women’s reservations were envisioned under Article 15(3) to fulfil the goal of substantive equality in the Constitution of India. This article tries to uncover the procedural missteps that have occurred by the Supreme Court while administering the policy of women’s reservations to various public positions in the country. I argue that the reservation procedure currently put in place by the apex Court by a cumulative reading of the decisions in Anil Kumar Gupta v State of UP and Ors and Rajesh Kumar Daria v Rajasthan Public Service Commision have created an enclosed ceiling on women candidates and is contrary to …

Wrongful Convictions, Wrongful Prosecutions And Wrongful Detentions In India, Kent Roach

National Law School of India Review

The first part of this article examines wrongful convictions in India. In part because of the absence of a jury, appellate courts, including the apex court, are more willing to evaluate whether the evidence for a conviction is sufficient than appellate courts in other common law systems. From 2016 to 2022, the High Courts and the Supreme Court have acquitted over two hundred accused in death penalty cases alone. The willingness of appellate courts to acquit is a strength of the Indian system that should be maintained. At the same time, remedied wrongful convictions in India likely represent only the …

An Empirical Assessment Of The Indian Supreme Court’S Use Of Law Review Articles (1950-2020), Varun Garg, Apurva Singhi

National Law School of India Review

The Indian Supreme Court is considered one of the most powerful courts in the world. At a little over 70 years old, the Court has achieved a strong reputation as being one of the most activist courts in the world. At the same time, academic writing, especially law reviews, has exponentially grown in India and established its impact on the law. A question that has emerged is whether academic writing is losing touch with the practice of law. Some commentators have attributed the apparent decline in the courts’ use of legal scholarship to the increasingly theoretical and impractical nature of …

From Idea To Act: The Indian Legislative Process, Vasudev Devadasan, Sunil Nandraj, Vineet Chawdhry, Kamala Ram Mohan

National Law School of India Review

Beyond the formal steps prescribed by the Constitution and Parliamentary manuals, little is known about the law-making process in India. Without a baseline consensus on what legislating in India involves, future analyses and proposed reforms of Indian legislative processes may be rendered speculative. Opaqueness surrounding the legislative process also hinders the ability of citizens to meaningfully influence the laws that govern them. This article aims to provide an account of how legislation is conceived, drafted, and enacted in India using the case studies of the Clinical Establishments Act, 2010 and the Kerala Clinical Establishments Act, 2018. Beginning with these two …

The Trials Of Bail: Pre-Trial Presumption Of Innocence Under The Unlawful Activities (Prevention) Act, 1967 And General Criminal Laws, Radhika Chitkara

National Law School of India Review

The crisis of undertrial prisoners in India, constituting three-fourths of the total prison population, has occasioned a normative recognition of the relationship between bail and the presumption of innocence (‘PoI’). The same recognition, however, does not extend to special criminal laws such as the UAPA, where almost every single prisoner is an undertrial on account of provisions prohibiting grant of bail. With a focus either on outcomes (prison population) or exceptions (national security considerations), the jurisprudential relationship between bail and PoI per se remains underexplored under both the general and special criminal legal regimes. At issue is the ‘thin’ conception …

Special Challenges In The Execution Of Arbitral Awards In India In Public- Private Partnerships: A Trade Perspective, Srividhya Ragavan, Niraj Kumar Seth

National Law School of India Review

With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolving commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …

How To Build The Tower Of Babel: The Kannada Language Comprehensive Development Act, 2022 And ‘Language Law’ In India, Aditya Prasanna Bhattacharya, Ritwika Sharma

National Law School of India Review

This paper serves as a critical analysis of the Kannada Language Comprehensive Development Act, 2022 and also as the identification of a novel field within constitutional law - ‘language law’. In so doing, a detailed overview of the history of the law and politics surrounding language in India has been provided. The Kannada Act has also been compared to other state-level language legislations - providing a detailed description of the state of play of language law in India. The paper concludes that although the Kannada Act may appear similar to other such legislations, it seeks to impose and not develop …

The ‘Public’ In The ‘Public Interest Test’: Rethinking The Parameters Of The Public Interest Test In India, Archana Subramanian

National Law School of India Review

In recent years, there has been a considerable difference in approach between the relevant anti-dumping investigation agency and the Ministry of Finance when it comes to the imposition of anti-dumping duties in India. This difference revolves around the interpretation of the ‘public interest test’ which requires investigating agencies to consider whether the imposition of anti-dumping duties would be in the larger interest of the public.

WTO law does not offer much guidance in this regard and Members have chosen to adopt different approaches when deciding whether the imposition of an anti-dumping duty is in the public interest. In India, the …

Opening India To International Competition In Government Procurement Markets: Cepa With Uae A Breakthrough?, Jędrzej Górski, Kanishka Bhukya

National Law School of India Review

The India-UAE Comprehensive Economic Partnership Agreement (‘CEPA’) is a landmark in India’s public procurement policy, introducing substantial liberalisation commitments for the first time. Historically insulated from international procurement obligations, India’s previous agreements, such as with Japan, were limited in scope. The CEPA, concluded in 2022, includes Chapter 10, which mandates significant procurement reforms. This article assesses whether the CEPA signifies a transformative change or a minor adjustment. Part II explores the global framework for public procurement under International Economic Law (‘IEL’) and Global Administrative Law (‘GAL’), focusing on the WTO Government Procurement Agreement (‘GPA’) standards. It details GPA’s non-discrimination and …

Introduction: Twail And The International Law Of Jurisdiction, Rohini Sen

National Law School of India Review

Introduction: TWAIL and the International Law of Jurisdiction.

Universal Civil Jurisdiction And International Law: A Response To B.S. Chimni, Chimène Keitner

National Law School of India Review

The exercise of various forms of jurisdiction, and the delineation of a political entity’s jurisdictional reach over persons, places, and conduct, can sharpen and entrench inequities within and between states. One can thus aptly characterize certain exercises of jurisdiction, and particularly certain forms of extraterritorial jurisdiction, as assertions of imperial and/or hegemonic power. Importantly, however, jurisdiction can also be invoked to redress certain power inequities by providing access to judicial remedies for conduct that has evaded other forms of regulatory control. In addition, while certain assertions of extraterritorial prescriptive jurisdiction can represent overreaching by powerful states, the practice of disclaiming …

Foreign Sovereign Immunity Doctrine: A Twail Perspective, Maryam Jamshidi

National Law School of India Review

As Prof. B.S. Chimni has shown, while the international law of state jurisdiction masquerades as a technical procedural rule, it has long served the capitalist and imperialist interests of Western States—a revelation that aligns with Third World Approaches to International Law (‘TWAIL’). It is no surprise then that the international law on foreign sovereign immunity—which is a subset of the law of state jurisdiction—has also furthered the capitalist interests of Western countries. This tendency is reflected in the United States’ Foreign Sovereign Immunities Act, 1976 (‘FSIA’), which is one of the most important domestic foreign sovereign immunity regimes. Under the …

“Spread Your Wings And Fly Away” – Reimagining Customary International Law Jurisdiction In Investor- State Disputes, Harshad Pathak

National Law School of India Review

A common assumption in investor-state dispute settlement (ISDS) is that subject to the language of the arbitral provision invoked, an arbitration tribunal can only decide claims that allege a breach of the substantive obligations articulated in the instrument from which it derives jurisdiction. Over time, this assumption has come under challenge, including in cases where an ISDS tribunal derives jurisdiction from a municipal law source, such as an investment contract or legislation. The article addresses this issue by critiquing the Decision on Jurisdiction in Cambodia Power Company v. Cambodia, wherein an ICSID tribunal constituted pursuant to related investment contracts concluded …

Theorising Extraterritorial Jurisdiction: The Travails Of Twail, Muthucumaraswamy Sornarajah

National Law School of India Review

Discussion of extraterritoriality focussing on capitulation theories looks backwards at an historical period. The present need is to study extraterritoriality used by hegemonic states both in an oppressive manner to advance their national interests and in a manner that protects common interests. As hegemonic power of the United States recedes, new actors like China and India will come to use extraterritoriality largely in an offensive manner. Preoccupation with the past is inapposite in a field in which the rapid developments are taking place. A theory must be found that permits defensive extraterritoriality that promotes community interests while curbing the offensive …

A New Research Programme For International Relations And International Law: Jurisdiction, Capitalism, And Imperialist Infrastructures, Maïa Pal

National Law School of India Review

This article argues that Chimni’s proposed framework for historically and theoretically reconceptualising jurisdiction in ‘The international law of jurisdiction: A TWAIL perspective’ has important implications for a much-needed renewed encounter between the disciplines of International Law and International Relations. It begins by summarising the contribution of Chimni’s article in terms of its two historical and theoretical contributions. It then focuses on the theoretical reconceptualization of jurisdiction as structurally interdependent with capitalism and sovereignty, rather than territory and sovereignty as found in mainstream and liberal approaches. Moreover, Chimni’s article fills gaps in critical approaches by thinking of jurisdiction in more material …

Extra-Territoriality And Solidarity, Vasuki Nesiah

National Law School of India Review

Bhupinder Chimni calls for a subaltern internationalism that stands in contrast to and challenges extraterritorial jurisdiction by imperial and capitalist forces. We have a productive instantiation of subaltern internationalism in the jurisprudence on jus standi at the International Court of Justice.1 A sovereign that is not the injured party may still legitimately represent injured peoples if the representation is grounded in a commitment to those peoples’ self- determination; the court’s admissibility jurisprudence has come to recognize this commitment as a legitimate erga omnes partes claim. Its most recent and spectacular expression was South Africa’s representation of Palestinians with a genocide …

Colonialism, Jurisdiction, And Sovereignty In Palestine, Usha Natarajan

National Law School of India Review

Knowledge production is never neutral, and academia – much like international laws and institutions among other social structures – is a key conduit for the efficient operations of power. Israel’s longstanding occupation and settler colonialism in Palestine challenges mainstream accounts of the international laws of jurisdiction, whereas Chimni’s TWAIL analysis better accounts for and predicts the imperial operations of such laws and points to fruitful evolution towards fairness and justice.10 I elaborate by considering firstly the exercise of jurisdiction during occupation and settler colonialism, and secondly the exercise of universal jurisdiction by states. I conclude with some thoughts on jurisdiction …

The Space Between Jurisdiction And Sovereignty, Asha Kaushal

National Law School of India Review

This Comment examines the relationship between jurisdiction and sovereignty in the context of Chimni’s principle of subaltern internationalism. When viewed from the perspective of decolonisation and self-determination, jurisdiction pulls against Third World spaces for governance. Instead, it deploys jurisdiction as a limiting legal instrument. I suggest that mainstream international law has relied upon—exploited, even—the space between jurisdiction and sovereignty to withhold the full realisation of self-determination from developing states. Drawing on the case study of East Timor, the Comment examines the many faces of jurisdiction on the plane of mainstream international law.

Afterword, B.S. Chimni

National Law School of India Review

Afterword.