Saturday, July 24, 2021

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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.

Reviewing the New Drugs and Clinical Trials Rules, 2019: Lessons from the COVID-19 Pandemic

Almost as if it was foreshadowing the COVID-19 pandemic, the New Drugs and Clinical Trial Rules, 2019 (‘NDCTR’/ ‘Rules’) brought about significant developments by consolidating and streamlining the framework for regulating clinical trials and approvals thereof. However, the circumstances in the recent past have raised questions as to whether these new Rules, in their attempt to promote robust clinical research in India, have compromised on the safety and efficacy of trials, making them more sponsor-friendly. This piece explores such issues in the context of striking the right balance between the two.

A Critical Reappraisal of Bonus Laws in India

The article first highlights the concerns with bonus distribution in India which is constrained heavily due to the determination of bonus payments being based on profits generated by the businesses. The article then proceeds to explore the problems with the set-off and set-on rule prescribed in Section 36 of the Code which carries forward the bonus payments to the succeeding year, thereby withholding the employee’s rightful payment for that year.

An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court

With an analysis of data spanning over seventy-two years, we have highlighted how the collegium has altered the composition of the Supreme Court. While the regional diversity of the court has improved in a relative sense, professional diversity in the court has deteriorated alarmingly [...]

The General Executive Power of the Union of India and the Commonwealth of Australia: A Comparative Analysis

The substantive content and ambit of the general executive power of “the Union” of India and of “the Commonwealth” of Australia, provided for in Article 53 and section 61 respectively of their constitutions, is a most significant issue confronting constitutional law in both India and Australia. Reference is made to “general” executive [...]

Carbon Tax as Discrimination: Revisiting the Legal Standard of National Treatment in WTO Law

This paper explores the possibility of an alternative take on the current understanding of the GATT national treatment obligation, especially in the assessment of the possible discriminatory impact of a carbon tax [...]

Insider Trading: Circumstantial Evidence is Evidence Enough?

The Securities and Exchange Board of India (‘SEBI’) is under constant pressure to secure the integrity of the securities market while also ensuring that development of the securities market is not deterred by its overreach [...]

What use is poetry? Excavating Tongues of Justice Around Navtej Singh Johar v Union of India

The Supreme Court of India, in Navtej Singh Johar v. Union of India, read down Section 377 Indian Penal Code (‘S. 377’), decriminalizing sexual relations between consenting adults, irrespective of sexual orientation or gender identity[..]

Public Policy under the New York Convention – Bridges between Domestic and International Courts and Private and Public International Law

Abstract Controversy continues over the “public pol-icy” exception set out in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Claims are still made regarding the sharpness[..]

Hardship & Substituted Performance as Defences against Specific performance: Critique of the Recent Developments

For a long time, contract law in India has beenregarded as being plagued with inefficient contract enforce-ment mechanisms. The consequence has been that projects remained incomplete for several years[..]

A Critique of the Aadhaar Legal Framework

This paper critically examines the legal framework consisting of the Aadhaar Act, the Aadhaar Ordinance, and the Aadhaar Regulations from the perspective of accountability, delegation, and grievance redressal and enforcement[..]

Fostering the Realization of the Right to Water: Need to Ensure the Universal Free Provision and to Recognize Water as a Common Heritage

The fundamental right to water has long been formally recognised in India. However, notwithstanding this and numerous governmental interventions over the years, universal provision of water is yet to be achieved[..]

Publicity Rights and the Right to Privacy in India

The right to publicity is the right to protect, control, and profit from one’s image, name, or likeness. This right is generally considered as a facet of right to privacy. This article aims to study the[..]