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 …

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …

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.

A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela

Dalhousie Law Journal

Canada and India are both pluralistic democracies with diverse populations. Both countries have drafted constitutional provisions which enshrine equality rights and permit affirmative action. In India, various disadvantaged groups receive special protection from the Constitution of India, such as the Other Backward Classes (OBC). The Supreme Court of India has held that States and the Central government must identify the "creamy layer" within the OBC category so that reservations target members who are most in need. Otherwise, the OBC category is overinclusive. The creamy layer includes those who are socially and economically advanced and who no longer require the benefits …

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 …

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Scholarly Works

No abstract provided.

Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

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 …