Author: Aishath Shaufa Ahmed Steps towards the abolition of the death penalty in countries or imposing a moratorium on its use are common. Yet, it leaves us to wonder how countries that impose capital punishment legitimize it. The death penalty is presumed to serve objectives such as deterrence and retribution. Ideally, it is expected toContinue reading "How do countries legitimize the death penalty?"
In Memoriam: Remembering the Legacy of Professor Rahmatullah Khan in International Law
Professor Rahmatullah Khan (01 July 1934 to 31 March 2023) was the professor of International Law and held the Jawaharlal Nehru Chair for International Environmental Law at School of International Studies, Jawaharlal Nehru University, New Delhi (JNU). He also served as the head of Centre for Studies in Diplomacy, International Law and Economics (1979-1982); Vice-PresidentContinue reading "In Memoriam: Remembering the Legacy of Professor Rahmatullah Khan in International Law"
Maldives Legal and Political History
Abstract The Republic of Maldives has an interesting history. The early history of the Maldives remains mostly a mystery. The little bits and pieces that historians have been able to uncover show that the people of the Maldives were strong seafarers who lived a simple life. The sea provided them with the riches they needed,Continue reading "Maldives Legal and Political History"
Enigma of Capital Punishment in Rape Cases: A Socio-Legal Approach
Abstract There can be no offence than that of rape which attacks on the dignity and sanctity of womanhood especially in countries like India where woman is treated as goddess under Hinduism. It is needless to argue that the offence committed against woman is increasing on daily basis and the numbers available on government recordsContinue reading "Enigma of Capital Punishment in Rape Cases: A Socio-Legal Approach"
Call for Book Review Editor
The Indian Society for Legal Research is seeking a book review editor. The post involves the commissioning, selection, and editing of reviews for inclusion on the website domain. The initial duration shall be of 03 months with a possibility of extension. Applications are invited from suitable undergraduate candidates: 4th/5th year students in case of integratedContinue reading "Call for Book Review Editor"
Symposium on Decoding Maldives’ Foreign Investment and Arbitration Law Regime
The Cambridge International Law Journal Blog (CILJ Blog) recently published a symposium on 'Decoding Maldives' Foreign Investment and Arbitration Law Regime.' Please find the link to articles published in this symposium. Decoding Maldives' Foreign Investment and Arbitration Law Regime: An IntroductionAuthors: Asna Ahmed (Dean- Faculty of Shariah and Law, Villa College, Maldives) Mohd Imran (Lecturer-Continue reading "Symposium on Decoding Maldives’ Foreign Investment and Arbitration Law Regime"
Book Review: Mirages of International Justice
Mirages of International Justice: The Elusive Pursuit of a Transnational Legal Order Mathew Parish, Edward Elgar Publishing Limited, UK 2011. 259pp. ISBN 978 1 84980 4080 (ceased) This book is a powerful insight on the International justice and the roles played by the States and International organizations for the attainment of justice. The book exploresContinue reading "Book Review: Mirages of International Justice"
Sun Travel v. Hilton: High Court of Maldives Confirms Recognition and Enforcement of Arbitral Awards
In a recent decision in Sun Travel v Hilton1, the High Court of the Maldives grappled with the question of whether a party applying for the enforcement of a foreign arbitral award is required to apply for both recognition and enforcement of the award. The judgment adds another loop to the long-running dispute involving the arbitrationContinue reading "Sun Travel v. Hilton: High Court of Maldives Confirms Recognition and Enforcement of Arbitral Awards"
Would murder and terrorism constitute ‘most serious crimes’?
By the year 2020, a total of 108 countries have abolished the death penalty. The countries that have abolished the death penalty believe it is a cruel, inhumane and degrading form of punishment. The International Covenant on Civil and Political Rights (ICCPR) recognizes the right to life. Article 6 subsection (1) of the ICCPR provides that every human being hasContinue reading "Would murder and terrorism constitute ‘most serious crimes’?"
Maldives’ Engagement with International Law
In the past few years, Maldives has been conducting a much more active foreign policy. With huge attraction for foreign investment and its strategic location in the Indian Ocean, Maldives engagement with international law is going to take a new shift in coming years.
TWO DAY WORKSHOP ON IPR LEARNING
DAY-1 (19-02 -2022, 04:00- 06:00 PM) Geethanjali Suresh (Advocate, Madras HC)- Trademark Registration & Practice. Padma Sree (Independent Patent Consultant)- Prefiling and Filing of Patent Application. DAY-2 (20-2-2022 04:00-06:00 PM) Hamza Khan (Assistant Professor, Presidency University, Bangalore) -Emerging Trends in Copyright Law) Avantika Banerjee (co-founder, ISLR) -Blockchain Technology and IPR and evolving Ideas FEES: Rs.Continue reading "TWO DAY WORKSHOP ON IPR LEARNING"
The Ambit of Executive Power: Analyzing the Delhi High Court’s verdict
On 15th December 2021, the Delhi High Court gave its verdict in a highly controversial matter discerning the scope of the executive’s power of delegated legislation in absence of explicit instructions while interpreting the provisions in the light of the taxation laws. While hearing 1346 petitions in the case of Mon Mohan Kohli Vs ACIT,Continue reading "The Ambit of Executive Power: Analyzing the Delhi High Court’s verdict"
Shooting Down the Independence of Judiciary: Tribunal Reforms Act 2021
The ‘basic structure’ of the Indian Constitution has revolutionized India’s constitutional law jurisprudence since its establishment. The doctrine of the separation of powers is considered to be an important pillar of the basic structure, keeping the independence of the judiciary intact, preventing disequilibrium in the balance of powers which generally leads to abuse of powerContinue reading "Shooting Down the Independence of Judiciary: Tribunal Reforms Act 2021"
Credit rating agencies in India: Their functioning and credibility
‘Credit rating agencies’ function as a facilitator for the Retail and Institutional investor. They assess a company’s capability pay-off their financial obligations. The ratings of the companies and government entities help in making an informed decision by the investors. The agencies use unique method assigning ratings to the companies denoting their financial risk. Poor creditContinue reading "Credit rating agencies in India: Their functioning and credibility"
Course on Tax Law
This course is particularly useful for UG and PG Law students. The modules provide conceptual clarity of all the important topics of Direct and Indirect Taxation. New Batch Starting on 11th January. Last Date of Registration -10th JanuaryTweet Topics that will be covered : Module -1 Taxation and Constitution The concept of Direct / IndirectContinue reading "Course on Tax Law"
National Article Writing Competition on The Occasion of Constitution Day, 2021
ABOUT THE UNIVERSITY CUSB was established under the Central Universities Act, 2009, with the motto, “Collective Reasoning”. The University has been conducting its academic and other activities in its campus which extends over 300 acres at Panchanpur (near Gaya town, Bihar – 824236). ABOUT THE SCHOOL OF LAW AND GOVERNANCE The School of Law andContinue reading "National Article Writing Competition on The Occasion of Constitution Day, 2021"
Corporate Frauds in India from 1992-2019
In this article Avantika Banerjee traces the history of the corporate frauds in India from 1992-2019. She also emphasizes on how these scams have shaped the corporate laws in India.
Criminalisation of Cartel Conduct: A Desirable Change?
"People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.”Adam Smith When competing business firms form organization, by way of collusion, to indulge in anti-competitive practices aimed at illicitly maximising their profits, then they areContinue reading "Criminalisation of Cartel Conduct: A Desirable Change?"
Understanding China’s Data Security Law
Advait KandiyoorO.P. Jindal Global University, Sonipat Introduction The exponential growth in the value of data in our society has led to over 128 countries implementing some form of data protection legislation, in an attempt to regulate the usage of data and bring forth redressal mechanisms in the case of a breach. Although many of theseContinue reading "Understanding China’s Data Security Law"
Surveying the Legal Landscape of Drones in India
Advait KandiyoorO.P. Jindal Global University, Sonipat Introduction The concept of unmanned aircraft systems (UAS) or drones have been fascinating since its inception and has seen use across a multitude of industries. The primary connection made with regards to drones has been their military application in the form of UAVs or unmanned ariel vehicles, whose useContinue reading "Surveying the Legal Landscape of Drones in India"
Trade Secrets and IPR
Trade Secrets can be defined as any information which is not known to the general public but confers some economic benefit to its holder. India currently doesn’t have any legislation to protect trade secrets but, they have been protected by the courts in a number of cases. Probably the best example of a trade secretContinue reading "Trade Secrets and IPR"
TWO FINGER VIRGINITY TEST: UNETHICAL, UNSCIENTIFIC & INVASIVE
Summary Over the years, healthcare professionals and human rights organizations have condemned the practice of Virginity Testing as it is harmful, invasive, unethical and violative of universally guaranteed human rights. Similarly, the changing socio-legal outlook has pushed for eliminating sexual violence against women in most countries and has highlighted the routine and frequent use ofContinue reading "TWO FINGER VIRGINITY TEST: UNETHICAL, UNSCIENTIFIC & INVASIVE "
Saving the Life or Seizing the Rights: Texas “Heartbeat” Bill
There has been a lot of judicial jurisprudence, reminiscing on the right of bodily integrity and personhood of a person. The giant question that kept looming amidst the talks of abortion is whether a woman has a right to bodily integrity? If the answer is affirmative then up to what extent it is allowed andContinue reading "Saving the Life or Seizing the Rights: Texas “Heartbeat” Bill"
ONLINE CERTIFICATE COURSE: BANKING LAWS IN INDIA
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Case Comment: Gary Kremen v. Stephen Michael Cohen
The analysis of this judgment deals with the question as to whether a registrant of an internet domain name has an intangible property right in that domain name such that wrongful disposition of that property can constitute the tort of conversion?
Lvb-Dbs Amalgamation: A Stratergy to Enhance ‘Phygital’ Presence of Foreign Banks In India
Title of Article: Lvb-Dbs Amalgamation: A Stratergy to Enhance ‘Phygital’ Presence of Foreign Banks In IndiaAuthor: Avantika Banerjee, School of Law, Pondicherry University Lakshmi Vilas Bank Limited was an Indian private sector bank established in 1926 in Karur, Tamil Nadu. It is founded in 1926 by a group of seven businessmen in Karur under the leadership of VSNContinue reading "Lvb-Dbs Amalgamation: A Stratergy to Enhance ‘Phygital’ Presence of Foreign Banks In India"
Call for Paper: Blog Symposium on ‘The Colonial Trials’
We are delighted to invite legal practitioners, academicians and research scholars to contribute to our upcoming blog series on ‘The Colonial Trials.’ The series is intended to feature articles on cases such Mighell v Sultan of Johore (1894) Statham v Statham and the Gaekwad of Baroda Secretary of State of India in council v Kamachee Boye sahabaContinue reading "Call for Paper: Blog Symposium on ‘The Colonial Trials’"
Case Comment: The Prosecutor v. Dominic Ongwen (Ongwen Case)
On Feb. 2021 the chamber of the International Criminal Court held the Dominic Ongwen for count of 61 crimes against humans and wars crimes and therefore, sentenced Dominic 25 year of imprisonment. This judgement had diverging and conflicting views around the jurists. This article talks about the incompetency of International Criminal Court in regarding to how the ICC neglected the root cause if the crimes that happened in the case of Dominic.
Blog Series: Israel-Palestine Conflict through the Lens of Right to Self-determination
Israel-Palestine conflict has come to a complicated juncture where the idea of only one State in the region, either Israel or Palestine, would be near to impossible. Many countries like USA and India also supported the two-nation theory to end the conflict. Now is the time for Palestine and Israel to relinquish the idea of violence and search for alternative course of action.
Virtual board meetings – corporate governance redefined
Like all the other spheres of life today ‘virtual is the new real’ even for the corporates. In this pandemic if something is holding the economies of the world and has been able to avoid the devastations of economic crisis in the form of Inflation i.e., the smooth running of the business eco system. InContinue reading "Virtual board meetings – corporate governance redefined"
Two-Days Workshop on Patent Filing (July 02-03, 2021)
Day 1- Introduction to patent application filing Day 2- prefiling and filing of patent application Speaker : Divya Sridharan(Independent patent consultant ) Padma Sree (Independent Patent Consultant) Register Now Perks : Certificate on demand (charges applicable) JULY 2-3, 2021, 04:00- 05:00 PM JuLY 3-7-2021 04:00-0500 PM FEES: Rs. 100/- FOR QUERIES: +91 86704 03742
International Day of Innocent Child Victims of Aggression
The United Nations (“UN”) General Assembly on 19th August 1982 had called for an emergency special session to deliberate upon the question of Palestine and decided to commemorate 4 June of each year as the International Day of Innocent Children Victims of Aggression in the wake of the great number of innocent Palestinian and Lebanese childrenContinue reading "International Day of Innocent Child Victims of Aggression"
Understanding Israel-Palestine Conflict and its Human Rights Implications
What is the Israel - Palestine Conflict? One of the most controversial and politically divided topics around the world is the Israel-Palestine conflict. Israel and Palestine have almost been in a century old conflict, fighting over the holy land of Jerusalem claiming it to be sacred to one group over the other. Therefore, it becomesContinue reading "Understanding Israel-Palestine Conflict and its Human Rights Implications"
Blog Series: Understanding Israel – Palestine Conflict and its Human Rights Implications
What is the Israel - Palestine Conflict? One of the most controversial and politically divided topics around the world is the Israel-Palestine conflict. Israel and Palestine have almost been in a century old conflict, fighting over the holy land of Jerusalem claiming it to be sacred to one group over the other. Therefore, it becomesContinue reading "Blog Series: Understanding Israel – Palestine Conflict and its Human Rights Implications"
[Book Review] The Execution of Bhagat Singh: Legal Heresies of the Raj
The Execution of Bhagat Singh: Legal Heresies of the Raj is an exceptional contribution to the Legal and Constitutional History of India. This book is authored by Professor Satvinder Juss who is currently a professor of law at King's College London. This book is divided into eleven chapters covering range of social, political and legalContinue reading "[Book Review] The Execution of Bhagat Singh: Legal Heresies of the Raj"
India’s Public Health System Crumbles in Violation of Fundamental Rights
By Simran Kaur, Final year law student, UILS, Punjab University, Chandigarh. The country’s healthcare resources are drained, exposing the hollow infrastructure and policy protection for its health care ‘warriors’ as India battles the most ruthless wave of the deadly coronavirus pandemic which has claimed thousands of lives and still counting. The nation ranks at 155Continue reading "India’s Public Health System Crumbles in Violation of Fundamental Rights"
Budget 2021: The Key Changes for the Businesses in India
Photo credit: indiatvnews On 1st February 2021, the Finance minister announced the union budget. The budget is alleged by experts to be non- controversial as there are no major changes related to the tax slabs or neither there is a remission nor addition to the financial structure. But there are few changes made in theContinue reading "Budget 2021: The Key Changes for the Businesses in India"
Two-Days Virtual Conference on Law, Courts and Politics during Covid-19 Pandemic: (19th – 20th December, 2020)
ISLR invites papers from scholars, academicians, activists, and students.
Sea Level Rise and the Future of Maldives
Since there is customary international law to protect the refugees , we new customary law to prevent people from becoming refugees.
Why Climate Migrants? Why Not Climate Refugee?
The need of the hour is to realize that climate change is real and so are its consequences. The countries shall reflect upon their commitments under international law and the level of GHG emissions to realise the responsibility owed to the affected countries. Bangladesh is one such country to which the world owes an obligation including India.
Who are Climate Refugee?
Scholars and activists use the term “climate refugee” because this term expresses the seriousness of the issue of climate change and human migration due to climate change.
ONLINE CERTIFICATE COURSE ON COMPANY LAW
This course will focus on providing extensive knowledge to the students about the Company Law along with corporate restructuring and Partnership Act. The course will not only focus on the theory but also practical implications of the law by discussions and analysis of case studies and recent trends of the Corporate Law. The student after the completion of the course will have an all round knowledge of the Corporate Law.
Covid-19 & Sovereignty: Should we blame the WHO?
The whole world is currently living the Covid-19, a pandemic that has once again put forward the discussion about what is understood, or should be understood by “sovereignty”. Indeed, a pandemic is a global problem that represents a challenge and the need to acknowledge state sovereignty and international cooperation as non-exclusive concepts.
Humanitarian Shifts in the International Legal System in a post Pandemic World : Sinking International Citizen(ship) or Reclaiming Domestic Self-Determination?
The thatcherism’s complacent, yet condescending reliance on neoliberalism makes way, a crucial question is what readjustments does International Law imminently implement to address the challenges posed by a World of extreme economic adversity, extreme poverty and displacement, managing the Future of work in the era of demands, the CoVID Pandemic makes on us ?
Namibia Rejected German ‘Reparation’ Offer for Genocide
The German government is reluctant to use the word “reparations” because of concerns that such a statement could provide a legal blueprint for future restitution claims.
First Virtual Summer School on International Legal System in the Age of Pandemic, 2020
About Summer SchoolThe World has witnessed an unprecedented pandemic due to COVID-19. This is probably the first time that most of the countries around the world were forced to implement complete or partial lockdown for a shorter or longer period in order to prevent the spread of novel Coronavirus.Soon after the lockdown was implemented, severalContinue reading "First Virtual Summer School on International Legal System in the Age of Pandemic, 2020"
Blog Series: Locating Customary International Law in the Constitutions Around the Globe
The central idea of this study is to locate the expression on 'customary international law' in the constitutions around the globe. Needless to say, there is no uniformity in the constitutions on the expression used to refer to the customary international law. Some of the expressions are so nuanced that they may not fit in any of the sources of international law referred to in Article 38 of the Statute of the ICJ.
Blog Series: Modern Constitutions- Secular or Religious?
In this article we will analyse the reference of God or deity in the preamble of modern constitutions and the nature of the State, i.e., Secular or theocratic. We will also look forward to see as to whether these constitutions also declare the State as a secular country along with specifically referring to God or deity in the preamble of the constitution.
National Blog Writing Competition by Indian Society for Legal Research
About the Competition The Indian Society for Legal Research (ISLR) is pleased to announce it's National Blog Writing Competition 2020 on “Emerging Legal Aspects in the 21st Century.” Topics The participants can choose from any of the following topics- Constitutional Lawo How the ordinance making power of the executive affects the independence of the legislature?oContinue reading "National Blog Writing Competition by Indian Society for Legal Research"
Blog Series: Reference to Country’s History in the Preamble of Modern Constitutions
In this article we will examine the contents of the preambles of 45 modern constitutions, adopted in the year 2000 onward. A preamble contains several elements such as, reference to country's history, reference to God/deity, International Law, International Organizations, International Human Rights Treaties, political thought, environment etc. In this article we will only focus on the reference to country's history.
Indian Society for Legal Research 