by IJLMH | Apr 6, 2019
India being a country consisting of approximately 1.324 billion people and the 2nd most populous country in the world, it becomes all the more difficult for our judicial system to look after all the petty to grave matters concerning its people therefore the ADR Act, 1996 gives alternative measures in resolving conflicts. Our paper primarily deals with the specific branch of ADR i.e. Process of Mediation in dealing with divorce and other family matters as to when it is beneficial and when it potentially hinder could or block the process. It will also include its expanding scope even in corporate matters and how it has successfully resolved the disputes within family as India has largely family-owned businesses and in case of conflict we approach the ADR mechanism instead of Courts system. But there are again in some instances judicial int
by IJLMH | Feb 20, 2019
The WTO has been playing a major role in international environmental law through its dispute resolution system, since the days of the GATT, 1994. At the Uruguay Round 1994, trade and environment were highly sensitive topics for the international trade regime. Thus, the WTO dispute settlement mechanism has subsequently become the most important international forum for settling disputes relating to trade and environment. Subsequently, the trade and environment controversy has generated several challenges to the competency of the WTO dispute settlement system, and continues to do so. As a result, there is a need to examine the current status of the WTO dispute settlement system in relation to whether it has jurisdiction to try trade-related environmental disputes or not. The following research paper delves into this issue and attempts to explore with regard to the matters concerning the ongoing disputes of trade and environment. It further touches upon the first Tuna-Dolphin case followed by the Shrimp-Turtle case that has drawn the attention of environmental activists to the working of the WTO dispute system from the environmental perspective that revealed a substantive bias and institutional discrepancy in favor of free trade in order to determine its suitability for dealing with environmental concerns and how far the WTO dispute settlement body is justifiable in interpreting the term “exhaustible natural resources” under Article XX (g) were challenged. This research paper further highlights the ongoing argument that while the WTO dispute settlement body has compulsory and exclusive jurisdiction in the field of WTO law, still its competence to apply other rules of international law is questioned. This also addresses the loopholes of the WTO dispute settlement mechanism for being inappropriately structured to address environmental disputes. This paper further emphasizes on the growing concerns as to the combination of a strong judicial system and reliance on panel and Appellate body decision which draws the attention of the environmentalists to think upon the justifiability of the WTO dispute settlement system and the safeguards that exist in the WTO along with the decisions that have already been made under the DSU so one-sided in their conclusions. The answers to these questions are very complex, thus require an examination
of the general means with which the WTO interacts the environment. Hence, the real concern of the research paper is
focused on the interaction between trade and environment and its current status, especially in relation to the operations of
the dispute settlement system of the WTO.
by IJLMH | Dec 30, 2018
The Article focuses on the changes brought to the Specific Relief Act, 1963 by the Specific Relief (Amendment) Act, 2018. This article covers all the changes brought to the Specific Relief Act. The changes will help in increasing the ease of doing business. The discretionary power of the court to grant specific performance is ended and the mandatory enforcement of specific performance has come into picture. In addition to this, a new concept of substituted performance has been introduced as a remedy to the wronged party. In conclusion this article analyzes all the changes brought to the Specific Relief Act, 1963.
by IJLMH | Dec 30, 2018
Child Labour means the work which bereave the children of their childhood and dignity which encumber their access to education and procurement of skills which is effectuate under conditions which is pernicious to their health and their headway. It also speaks about the problem which is been faced by the children’s physically and mentally. The present paper discusses about child labor, Legislative developments, and categories of child labor, constitutional provisions and initiatives against child labor.
by IJLMH | Dec 30, 2018
The outset of the essay starts with history behind the National Register of Citizens, the migration that started from the colonial rule of British rule, which extended to Bangladesh. The source of influx of migrants that started with the Bangladeshi war with Pakistan. How the influx caused de-culturation of Assamese culture that created a situation of havoc in Assam. The essay also discusses the inequality done with the state of Assam in the Illegal Migrants (Determination by Tribunal) Act, 1983 and other such acts. How the failure of the governmental plans implementation caused a situation of external aggression and internal disturbances thus violating the fundamental rights of the local people. The crux includes a hypothetical question, if the union government did or did not failed to comply with its duty to protect any state from external aggression and internal disturbances. The essay also questions that the updating of the National Register of Citizens is a solution to the people of Assam or a violation of human rights. Another question that the essay raises is that whether the citizenship act 1955 (section 6A) violates Article 14 of The Indian Constitution or not? Further the essay discusses about the consequences of the final list of national register of citizen. The essay tries to dig the past and put fourth in a detailed manner, how the government became indifferent to a national agenda that could destroy the ethnicity of a state and how political parties can turn such events for their own personal benefits.
by IJLMH | Dec 30, 2018
Alternative Dispute Resolution means resolving the conflicts between the parties concerned outside the periphery of the courts. But the ADR is something which is not new to India. It has been prevalent in the country since beginning time. Legal history indicates that there were many ways through which people obtained justice which were easy, convincible and helped in reducing the burden of the king. This type of system was prevalent in resolving issues related to families and other domestic affairs and also minor issues relating to property. The oldest written source which provided the codes of law and the method to resolve the conflicts among the people. The Punch system in the ancient time, which can also be described as earlier form of ADR, helped in maintaining the stability by resolving the conflicts which can be resolved by negotiating with the involved parties.
Alternative Dispute Resolution came to be used explicitly with the overloading burden on the courts as each judge in the court has been assigned to resolve many cases in a day. Thus, filing a case in the court is a time consuming task and it takes a lot of time in resolving a dispute. Now, with the coming of new techniques in ADR such as mediation, arbitration and conciliation, most of the disputes are settled outside the courts. With the coming of internet as a platform of political, financial and social activities, the ADR has also taken a step ahead in form of Online Dispute Resolution as Section 89 of Civil Procedure Code clearly mentions the terms of it. This concept is certainly evolving in India as in the case of Salem Advocate Bar vs. Union of India (2003) gave rules for proper functioning of ADR.
The paper talks about the application of ADR in various fields and what are the challenges of the same in the country. Is it effective enough? How well the country has accepted it?
