Law Commons^™

India And Asean : An Enduring Partnership, Brajesh Rajak

Brajesh rajak

This paper analyses the enduring partnership between India and ASEAN and the reasons for the proximity between the two. It details why India has adopted a “Look-East” policy, what the policy is, its necessity and whether it is a success or failure. The article also scrutinises the steps taken by the Indian government to improve relations with ASEAN countries, the obstructions in the way and finally looks at the ASEAN–India free trade agreement.

Public Interest Litigation In India: Overreaching Or Underachieving?, Varun Gauri

Varun Gauri

Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments. This paper finds that public interest litigation cases constitute less than 1 percent of the overall case load. The paper argues that complaints related to concerns having to do with separation of powers are better …

Global Warming: A Second Coming For International Law?, Deepa Badrinarayana

Deepa Badrinarayana

This paper analyzes the role of international law in addressing global warming through the lens of a select number of compliance theories and rational choice theory. It presents an alternative view to the limits of international law in addressing climate change, i.e., that international law has created an economic dependency that has constrained the space for pursuit of traditional legal rights. In making this argument, this article examines the history oil exploration and climate policy. The article also makes some brief suggestions towards increasing the space for traditional legal rights.

Repressive Laws In India, Saumya Uma

Dr. Saumya Uma

Unpackaging Human Rights: Concepts, Campaigns & Concerns, Saumya Uma

Dr. Saumya Uma

Private Equity Transaction In India, Ved Prakash

VED PRAKASH

Private equity investors has realised that India is an ideal destination for private equity investments. Indian company and investor has benefited due to increased foreign equity participation and valuation of investment in recent past. This article covers some of the terms used in private equity transaction and the rights of the shareholders.

Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty

Sudha Setty

The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India—an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative …

Deconstructing Public Policy: International Arbitration Law And The Enforcement Of Foreign Awards In India, Aditya Swarup

Aditya Swarup

No abstract provided.

Navigating Cross Border Legal Risks In Intellectual Property Licensing And Technology Transfer To India, Sonia Baldia

Sonia Baldia

No abstract provided.

Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal

Ashok Agrwaal

The idea for the paper was born out of a consultation called by the Calcutta Research Group (CRG), on critically engaging with the issue of social justice in India. The discussions ranged over a broad spectrum, from the gritty essence of social justice issues in daily life, to theoretical constructs based upon accepted cannons, to the notion of examining the matter afresh, from first principles. After several false starts, I realised that I was allowing the vastness of the issue to overwhelm me. Finally, I decided to choose a theme and strictly adhere to the limitations imposed by my choice. …

Agroterrorism And Ecoterrorism: A Survey Of Indo-American Approaches Under Law And Policy To Prevent And Defend Against The Potential Threats Ahead, Kevin H. Govern

Kevin H. Govern

“Agroterrorism is a subset of bioterrorism, and is defined as the deliberate introduction of an animal or plant disease with the goal of generating fear, causing economic losses, and/or undermining social stability.” Its partner in crime is ecoterrorism, “the use or threatened use of violence of a criminal nature against innocent victims or property by an environmentally-oriented, subnational group for environmental-political reasons, or aimed at an audience beyond the target, often of a symbolic nature.” Furthermore, “[a]s recently as June 2004, the FBI designated ‘eco-terrorism’ . . . as the [U.S.’] number one militant chal- lenge emanating from inside its …

The Emerging Constitutional Challenge Of Climate Change: India In Perspective, Deepa Badrinarayana

Deepa Badrinarayana

India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in …