by IJLMH | Sep 9, 2020
The world of cyberspace exists only in computer memory, but its outreach is far. It has a life. Connecting with new people, reading, researching, listening to music, uploading data, watching videos accessing public documents, buying tickets, purchase and sell things, sending mail, downloading files are just the common known activities that a normal person would do on the internet every day. The future of copyright is unpredictable and it is obvious that our present day actions would affect it in several ways which calls for more caution and precision. Copyright is a very specific bundle of rights designed to foster creativity for the public interest, rather than granting to its holders exclusive control of their works. While new frontiers opens up, the law tends to slow down a bit and lag behind and then find an appropriate resolution in good time. This article deals with the very question that whether our legislations are equipped to cop up with the exponential growth of the cyberspace and the concerns that come with it.
by IJLMH | Sep 9, 2020
The outbreak of the COVID-19 disease has been declared a global pandemic by the World Health Organization (WHO) on March 1, 2020. The outbreak has not only affected humans but has also resulted in a global economic shock. The need to maintain social distancing and lockdown has resulted in slow operations of many businesses and has ultimately affected the diverse commercial contracts. In such circumstances a force majeure clause is considered to be a strong defense against such unavoidable and unforeseeable events and helps parties discharge their contractual obligations wholly or partly without making them liable for non-performance of their contractual obligations.
Through this article, the authors would try to analyse the scope of force majeure clause in diverse contracts, in the light of the ongoing coronavirus pandemic and related governmental measures to curb it. In the similar context, the authors would further elucidate the various criteria that companies must fulfil in order to successfully invoke the force majeure clause in their contracts in the present situation of Covid-19 pandemic. The article further tries to enquire about the possible steps to be taken if a force majeure clause is absent in a contract and is also suggestive about the course that should be followed before invoking a force majeure clause. The hypothesis of the article defines how COVID-19 triggers the force majeure clause. The authors have also tried shedding light on how is India dealing with force majeure clause in diverse contracts including real estate contracts, supply chain contracts, employment contracts, Insurance contracts etc.
Keywords- COVID-19, pandemic, contractual obligations, worldwide, economic impact, social distancing, lockdown, commercial contract, force majeure clause, India.
by IJLMH | Sep 8, 2020
The cute little emojis that we use daily in our conversations online have become an inherent aspect of casual communication on digital platforms. Originally an evolution from emoticons made of punctuation marks, emojis as pictographs were aimed to make digital communications more interesting. Due to the increased usage, they have acquired a complex role beyond the depiction of emotions and feelings. Just like human language, they are developing organic rules as they become a part of online written conversations of more and more people around the world. The paper attempts to explore the usage of emojis, arguing that their complex usage has led to various impacts in online communication, viz. emotive, phatic and ironic. It also analyses to what extent they are universal and are affected by cultural contexts. This is done by using the published studies about emojis in various contexts and domains as sources.
by IJLMH | Sep 8, 2020
India travailed for 150 years under the crown’s despotic ‘law of sedition’. The anticipated sojourn took an immortal form. Following this, there were many crusades and trials that took their respective turns, the matter formed a crucial topic of debate, some even turned out as epoch- making as for when the constituent assembly removed the word sedition from article 13(2) of the Indian constitution. However, law makers preferred to remain in lull state, there were times when promises were made but turned out to be fake and a result we can still find this archaic law under the section 124A of the Indian Penal Code, 1860.
The colonial legacy continues to haunt the soul of basic structure of the constitution that guarantees “freedom of speech and expression” under the article 19(1) (a) of the constitution. The satire pertains to the fact that ‘England’ who played the pivotal role in the propagation of the sedition laws in its colonies withdrew the relic from its statute book not less than 10 years before. The intention was simple – to set a paradigm. The democracy is seen to be are reflection of transparency and freedom of speech is its hallmark. While many countries can proudly proclaim their rights being a real democracy, India lags behind in this sphere and hence the question persists: Can India still be called a democratic country?
by IJLMH | Sep 8, 2020
The said paper is an attempt to highlight the several changes that the Code makes in the present labour law regime. It will discuss the benefits that the Code may provide, along with the shortcomings it may have. In other words, the paper will try to find if the Code is just a simple combination of the various legislation, or is it bringing any reform in the current legal framework.
by IJLMH | Sep 8, 2020
In modern and post-modern studies, globalization as a subject has been studied under the realm of economics given importance of economics for states in modern and post-modern times especially due to western influence. However, globalization as an occurrence can be traced back to the days of evolution of human kind. The human race as we understand it in the contemporary world has evolved through time and has acquired certain characteristics which is due to interactions of various sub species of homo sapiens residing in different part of world. Hence it can be said that globalization is more focused on interaction at global level and consequences thereof. With different approaches laid down by the scholars, there happens to be an ideological void in terms of harmonization of the various aspects of globalization under one definition. The study becomes imperative under contemporary circumstances as due to a narrow interpretation we have failed to achieve the intended objective i.e. bringing the parity and bridging the gap in the society. Therefore, this paper analyses different aspects of globalization and answers the query i.e. where the globalization has gone wrong in modern world. While addressing the abovementioned query the paper discusses and critically analyses the other theoretical aspects, definitions and approaches laid down by the scholars engaged in the globalization discourse so as to achieve a theoretical and terminological uniformity viz-a-viz the understanding of the concept at a broader level.
Keywords: Economics, Globalization, Harmonization, Modern, Post-Modern.
