by IJLMH | Jul 5, 2020
There are several International Investment Treaties/Agreements that are entered by the nations around the world for their economic and social growth. However, with this level of understanding arises several differences and disputes as well. In such times, understanding of the term ‘investment’ and how each investment treaty provisions are interpreted is absolutely necessary for resolving these differences. International Investment Agreements/Treaties entered between investors and the host states are governed by Public International Law, International Investment law and the laws governing International Commercial Arbitration. These laws mandate the contracting parties to include certain significant clauses including Most Favored Nation (MFN), National Treatment (NT), Fair and Equitable Treatment (FET) and Alternative Dispute Resolution (ADR) to enrich investments. The same will be dealt within this research paper in detail along with decided pronouncements. Methods of interpretation are considered vital in Investor-State disputes. However, most of the times while an arbitral tribunal deals with a dispute, there shall be an interplay between application and interpretation. This has also been discussed with attention to who may be the best interpreter. The Vienna Convention on Law of Treaties (VCLT) is considered to be one of the significant corner-stone when it comes to these kinds of interpretation and the same, along with several other methods of interpretation, are dealt with in detail. Further, it is necessary to understand and know about how each clause in the investment treaty are interpreted using these modes of interpretation by several arbitral tribunals. Thus, the last part of the paper will deal with the interpretation of these commonly found clauses in the international investment treaties and its effect on the arbitral award.
Keywords: Interpretations, Investment Treaty, Investor State Dispute and Arbitration.
by IJLMH | Jul 5, 2020
This paper examines the impact of the lockdown imposed due to the COVID-19 scenario on migrant workers in the informal sector of our Indian economy. Through this study, the authors elucidate the condition of these migrant workers and their exodus during the time of a worldwide pandemic as an invisible segment of the society for a long time.
A strict lockdown was imposed nation-wide on March 23, 2020 because of which the entire country came to a halt. Following this, everything was shut down including the transportation services. Many people were stranded, including the migrant population, the most vulnerable, exploited and affected ones being the daily wageworkers and the entire informal sector. The consequences faced by them because of this, will be explored in the paper with a focus on statistical and individual qualitative experiences.
The authors also comment on the impact of the covid-19 and the lockdown to discern the steps that are being taken as a remedy. An in-depth research has been done on the prevailing labour laws, new policies, ILO recommendations and fundamental rights available to these workers and their families. An analysis of how they have been violated or were crooked at points is also alluded to. An analysis has also been done of the condition and manner of tackling the situation in India and the steps taken by the government, concurrently making constructive suggestions at a policy level for the way ahead to end this humanitarian crisis.
Keywords: Covid-19, Lockdown, Exodus, Exploitation, Humanitarian Crisis.
by IJLMH | Jul 5, 2020
This research paper entitled “Offensive Action on our Borders: India and Pakistan’s Relationship Through the Years” explores the various aspects of Indo-Pak relations. The purpose of this study is to delve into the reasons due to which the relations of Indian and Pakistan are deteriorating day by day. If we take a look at history, Indo-Pak relations were never good. Right from the partition of India and the scar of massacre of around 2 million people, this research paper explains the relationship between India and Pakistan in a chronological order. It includes the background to the demand of Pakistan, Muhammad Ali Jinnah’s demand and the subsequent demand of Pakistan, the origin of Pakistan, the Partition of India and the genocide of people of both the countries. The Indo-Pak war of 1965, the Indo-Pak war of 1971, insurgency in Kashmir, the Kargil War, diplomatic relations of India and Pakistan, State sponsored terrorism by Pakistan, political conditions of Pakistan, the Kashmir conundrum, terrorist attacks in India by Pakistan sponsored militants and the policy of “Bleed India with a Thousand Cuts” adopted by Pakistan have all been talked about in this paper. In writing this research paper, we have concentrated on explaining how the relations of India and Pakistan have deteriorated due to aforementioned events. While writing this research paper, we have done an intensive study of various books and articles of renowned authors of this particular field. Keeping in mind the complex and capricious relations of India and Pakistan, while writing this research paper, we have tried to explain each topic in a precise but knowledgeable manner so that the people who are totally unaware about Indo-Pak relations can also understand them. We have tried our best to include all the aspects important to understand Indo-Pak relations.
by IJLMH | Jul 5, 2020
The Indian Penal Code gives the substantive aspects that would guide the criminal law in the country. It provides a general penal code for India . Looking back at 1860, the society was very distinct from what we see today. The Indian society has been largely patriarchal and various laws in the IPC have been made in the favour of women. Further amendments have also been appreciated in the context of ensuring that women get proper protection from the judicial system. However, we come across bias in the code, where the provisions are gender specific, and thus, these provisions have failed to adapt and function at par with how the circumstances of the society have changed . In this article, we discuss the gender bias in the provisions of IPC, the principle of gender neutrality and what repercussions do we face today.
by IJLMH | Jul 5, 2020
The Article expresses the identification of monarchy, capitalism, communism and socialism. With the Geopolitics of the particular type of government run countries and their influence over the globe in covering both positive and negative aspects. It also examines the international law with its weakness and needs in maintaining the international peace and security with the proof obviously available in the international law itself and United Nations Organization It further prescribes the social consequences which happens in the very present day at different types of government, whether it is monarchy or capitalist or communist or socialist. This paper discusses about the future of international law in comparison with the philosophies of Gandhi who is the frontier of global peace. The Gandhian Philosophy which prescribes non-violence and ahimsa should be the cannon of international law. Any law made without or against the ethics is against the humanity. I wanted to live in a world with no boundary, no nation or any other differentiation. This philosophy is not a new one to the world but has been stated 3,500 years ago by a Tamil Literati called Kaniyan Poongundran. For many years, violence and weapons led the world. Only in recent days, knowledge and wisdom starts its domination over the humans. In a knowledge and wisdom dominated world, global peace should be the primary motive without any selfishness or any other dominations. The article also examines the inefficiency of International Court of Justice and contradictory of International Law with the happenings in the history by the name of Veto power. It also provides a solution to make the law more efficient than the present. But we may think in a nuclear weapon dominated world, it is not a possible one to achieve the international peace. But actually, Change is the only thing which never change. The change towards a non-violent society or a non-violent globe mentality is the primary process of attaining the international peace and security. When the thought changes so do the action change. Each and every actions and laws should be made in with the ethics not to dominate others. The international organization also must concentrate on the issues in maintaining the international balance of power and should be strong to interrogate any dominance by any nation without having obstacle by any of veto power. The Article also describes the sociological aspects of consequences faced by every type of country in the globe. In Conclusion, any laws should be made with ethics in order for a better future and peaceful, cooperative globe. The international law must also be effective to control the dominance of certain countries either by direct or indirect political, and economic over other countries. In the words of Gandhiji, use of force for offence and defense is different. Any activities or laws if violates the ethics. It goes against the humanity. Ethics should be made as laws.
“Dharma is to protect the needy”
by IJLMH | Jul 5, 2020
A well-structured taxation system prevails in India. Taxes here are the largest source of revenue for the government. This money is deployed for various purposes and projects for the development of the nation. Taxes are levied by the Central and State Governments along with local authorities such as municipal corporations.
Taxes are categorised under two heads – direct and indirect. Direct tax is a tax levied on corporate entities and individuals which is payable directly to the government and is not transferrable. Examples are gift tax, income tax, wealth tax. Indirect tax, on the other hand is not directly paid by the assessed. It is levied on goods and service and is paid by the intermediaries who is usually the seller of those goods and services to the government.
