Tuesday, January 25, 2022

The Law of Constitutional Characterization

– Laurence Claus Independent courts express what is law, but cannot enforce their judgments. When announcing limits on what those in power can do, constitutional courts have cause to give the most convincing reasons they can for those in power to defer to the courts’ judgments. Where a written constitution has...

The Path To Recognition of Data Protection in India: The Role Of The GDPR and International Standards

The esteemed author is a Professor of Law, Vrije Universiteit Brussel (VUB) and Co-Director, Brussels Privacy Hub,Brussels, Belgium. The author is grateful to the editors and the anonymous reviewers for theirhelpful comments.

Counterproductive Regulation of Assisted Reproductive Technologies: A Review of the Assisted Reproductive Technologies Bill, 2020

– Prabha Kotiswaran* and Sneha Banerjee** Abstract This article critically engages with the Assisted Reproductive Technologies (Regulation) Bill, 2020 (ART Bill 2020) which is set to draw curtains on a regulatory journey of more than a decade and a half to culminate in a highly restrictive approach. Engaging with the provisions of...

And Then There Were None…The Dismantling of the Appellate Body and the Future of International Trade Dispute Settlement

-Moushami Joshi*   The World Trade Organization is facing a deep institutional crisis. Its appeal’s court and crown jewel—the Appellate Body—has been rendered inoperable as a result of U.S. objections to appointments of members (or judges) that hear disputes. Objections to appointments has meant that retiring Appellate Body members have not...

The Process of Machine Learning for the Courts of India

- Sandeep Bhupatiraju (World Bank), Daniel L. Chen (Toulouse School of Economics, World Bank) Shareen Joshi (Georgetown University) Abstract Artificial Intelligence (‘AI’) and machine learning (‘ML’) — adaptive computer programs that attempt to perform functions typically associated with the human mind — offer new opportunities for improving the...

The Evolution of Risk Management Oversight by Indian Boards

- Afra Afsharipour*& Manali Paranjpe** Abstract The board of directors lies at the core of effective risk management. The board plays a critical role in overseeing and guiding the risk policy of a company, and in ensuring that appropriate systems of control are in place. This Article analyses India’s evolving...

Affirmative Action Under Article 15(3): Reassessing The Meaning of “Special Provisions” for Women

– Unnati Ghia Abstract Article 15(3) of the Constitution of India is an affirmative action provision intended to remedy the disadvantage faced by women, yet its application has been predominantly based in paternalism. In interpreting the phrase “special provisions for women”, Indian courts have often reinforced oppression through an extensive reliance on...

COVID-19, Digital Finance and Existential Sustainability Crises: Opportunities and Challenges for Law and Regulation in the 2020s

- Douglas W Arner,* Ross P Buckley,** Andrew M Dahdal,*** and Dirk A Zetzsche**** This article examines how the digital financial infrastructure that emerged in the wake of the 2008 Global Financial Crisis is being tested and leveraged to meet some of the financial, economic and health challenges presented by...

Transcript – XIII NLSIR Symposium

Session I – Reservations: Rethinking Roots In Constitutionalism The first session sought to achieve a re-imagination of the constitutional understandings of substantive equality, dignity and opportunity, as informed by recent political and jurisprudential thought. The panel for this session consisted of Dr Sudhir Krishnaswamy,Prof N Sukumar and Dr Sumit Baudh,...

The (Mis)Application of the Group of Companies Doctrine in India

– Soumil Jhanwar Introduction The applicability of the ‘Group of Companies’ doctrine under the Indian Arbitration Act, 1996 was affirmed in the (in)famous Chloro Controls...

Reflections on International Human Rights Litigation and Climate Change

– Pranav Ganesan* Abstract: In this article, I reflect on the challenges and prospects of litigating insufficient climate action by States using international human rights law,...

Federal tensions in India’s COVID-19 response: The case of the many Epidemic Acts

-Kevin James and Akshat Agarwal* The colonial-era Epidemic Diseases Act, 1897 (EDA) played a big part in the Indian response to the ongoing Covid-19 pandemic....

The Curious Case of Derivative Action Arbitrations in India

- Ameya Vikram Mishra* and Satya Jha** The general rule recognised across jurisdictionsis that if a wrong is alleged to be committed against a company,...

Questioning the Standard of Judicial Review in the Maratha Reservation Judgement

– Ishika Garg Introduction The Supreme Court struck down the Maharashtra State Reservation (of seats in educational institutions in the state and for appointments in public service...

Data Portability as a Competition policy tool for Social Media Platforms

- Ankit Kapoor The last decade has seen global regulatory intervention against the anti-competitive conduct of dominant social media platforms, particularly Facebook. Recognizing the immense...

The Need for the Empirical Determination of Games of Chance and Skill

Recently, a Division Bench of the Bombay High Court sought a reply from the State authorities on the allegation that a game application called Ludo Supreme was engaged in gambling activities. The author posits an argument that there must be an objective measure to analyse whether the outcome of a game depends predominantly on chance or skill.

Antitrust Implications of Food Service Aggregator Owned Cloud Kitchens

As delineated in the recent case of In Re Prachi Agarwal & Ors. v Swiggy (“Swiggy case”), Food Service Aggregators (‘FSAs’) like Swiggy and Zomato operate in the “App based food delivery platform” market with India being the relevant geographic market.But lately, these FSAs have branched out to become market participants by registering self-owned ‘cloud kitchens’ on their own platforms. A cloud kitchen or ‘ghost kitchen’ is a restaurant that cuts down on all the overhead costs, eliminates the typical brick and mortar structure and only offers delivery or takeout services. This article highlights the anti-competitive ramifications that follow the neutral FSAs’ (in this case, Swiggy) decision to become a market participant.

The Silent Conquest — Coastal Governance in the Blue Economy

In NLSIRO’s latest piece, Stella James and Nayana Udayashankar argue that fishworkers have been systematically excluded from rightful access to, and governance of commons, on the justification of economic development. They look at this issue of loss of access in reference to the tourism industry. The piece briefly looks at the historical governance of coastal commons and traces the changes to the governance systems that accompanied the Coastal Regulation Zone notifications. It concludes that laws and policies have been framed to support massive industrialization of the Indian coast, while violating fundamental rights.