by IJLMH | Sep 24, 2020
War is one of the most dynamic concepts in the field of international law. Waging a war or any form of violent expression had been one of the possible outcomes of any difference of opinion between two nations. This system pre-existed from Roman times or even before that. A more humanitarian method of conflict resolution was looked upon as the aftermath of war was increasingly brutal due to the scientific advancement in the field of weapon development. Due to this arose the concept of a diplomatic settlement of conflicts and this created a huge change in the approach of resolving conflicts between nations. This brought in the idea of various laws and treaties governing the international dispute resolution. The authors, in this article, will be highlighting the International Humanitarian Laws and Agreements entered upon by the United Nations Security Council (UNSC) and its member countries to deal with the outbreak and outcomes of waging war, focusing mainly on the Geneva Conventions & its 70 years.
by IJLMH | Sep 24, 2020
Capital punishment is highly altercated around the world and not only in India. The Indian legislation has made it a law by putting emphasis on it by various judgments and is even prescribed in the Indian Penal Code and various other statutes however whenever it is imposed, wave of discernment follows. Where on one hand the retentionists favor the punishment, the abolitionists probe through it. This disciplinary punishment is ought to be the most serious punishment ever known to the mankind to diminish the crime percentages and depends upon the malfeasance done by the miscreants. Despite the tsunami of crime rates in India, capital punishment is one of last punishment prescribed to the perpetrators. Is it because of the Constitutional guarantees under Article 14, 19 and 21 or is it unjustified to punish the criminal just to dissuade future criminality? There is no direct mention of capital punishment being held as unconventional under the Indian Constitution however it is at times said to be unconstitutional. Through this research paper, we will discuss about the current status of capital punishment around the country as well as in other nations. Furthermore the paper will characterize the idea of capital punishment i.e death penalty with human rights and the constitution too. This paper will aim to mention the alternative methods of punishments and whether the Indian judiciary has encompassed adequate convictions and acquittals in place of death penalty. The paper will conclude with the observation of various cases and will endeavor to resolve the question that ‘Is death penalty a cruel and inefficacious exercise?’
This research paper is our effort towards the nitty-gritty view about capital punishment, its history, relevance and significant strategies for execution in India.
Keywords: death penalty, punishment
by IJLMH | Sep 24, 2020
Arbitration and Conciliation Act, 1996 (hereinafter referred as “Act”) governs the enforcement of foreign arbitration awards through Geneva and New York Convention. Recent years remark an expansion in the international trade which necessitates speedier mechanism of dispute resolution mechanism for dispute arising out of international contracts. However, it is still a complicated and time-consuming process to enforce an award in one country which is announced in any other country.
This paper deals with the position of India. It explores the meaning of Foreign Awards as prescribed under the Act and various laws relating with the enforcement of Foreign Awards in India. It further discusses the role of Indian judiciary in enforcement of Foreign Awards through landmark judgments.
Even after enactment of various laws in this regard enforcement of Foreign Arbitral Awards is still problematic. So, this paper describes various problems which make it quite difficult to execute foreign awards in India. Further it depicts the impact of Public Policy on Foreign awards and the lastly it concludes with the suggestions as a way forward to strengthen the ADR mechanism in general and to overcome the difficulties faced so far in enforcement of foreign awards in particular.
by IJLMH | Sep 24, 2020
“The internet is the only window where I can look out from this detention centre. So that I can spend all my day inside the room: finding research for information, trying to find help outside, that is all that I can do here.” These are the words of a Palestine refugee, Alladin Sisalem who sailed to Saiwai Island, an Australian territory in the Torres Strait in December 2001. While the asylum application of the other refugees who were sent to the Manus Island along with him was proceeding, he was notified by the Australian government officials that they did not have any application form for him. Sadly, the centre on the Manus Island was wound down in July 2003, leaving behind Alladin as the sole inmate in the centre built for 1000 asylum seekers. Only because Alladin had access to the internet, he could communicate about his existence with various journalists which built pressure on the Australian government. Eventually, Alladin was granted refugee status by the UNHCR. He was also given a five -year secondary movement relocation visa, which allowed him to live and work in Australia. This is one episode where the internet restored an individual’s human rights in the early 2000s. With the internet becoming more significant this decade, there are instances where access to the internet is seen as a human right and its denial is highly contemptuous. During the 21st and 24th sessions of the Human Rights Council in 2012 and 2013, the States were reminded of their primary obligation which is to respect and fully protect the rights of all individuals to assemble peacefully and associate freely both online and offline. And, in July 2018, a resolution was adopted by the Council in consensus concerned with the protection, promotion and, enjoyment of human rights on the internet. Despite the recognition, there are various instances where internet shutdowns occur in India and around the world when voices are raised against the authority. Also, people get arrested when they express their opinions online which is a violation of human rights under Article 19 of the UDHR, Article 19 of the ICCPR and domestically under Article 19 of the Constitution of India. This project is an analysis of internet freedom as a human right with the help of different incidents that we witness each day.
by IJLMH | Sep 24, 2020
Administrative law is the body of law which includes rule making, adjudication and the enforcement of a specific regulatory agenda that governs the activities of administrative agencies of government. There are certain principles of Administrative law which are evolved by courts with the object of preventing arbitrariness and abuse of power of court. One of the most popular and important principle of Administrative Law is ‘Doctrine of Legitimate Expectation’ which is a result of synthesis between the principle of administrative fairness and the Rule of Estoppels. The Doctrine of Legitimate Expectation is different from fair expectation but is expectation of benefits by which a person can seek judicial review of any action which are arbitrary, discriminatory, unfair and malicious in law, devoid of Rule of Law and voilative of principles of Natural Justice. The main objective of this paper is to explain the concept of Legitimate Expectation in a detail manner describing its applicability and reasons for its formation. The paper also discusses about its origin and its development in Indian as well as English laws. Thus, at last in the paper, conclusion has been provided. In the process of making this paper, several journals, books and articles were referred and taken into consideration. Internet has also been a support in this process. Hence, this paper is a result of Doctrinal Research Methodology.
Keywords- rule making, adjudication, arbitrariness, abuse of power, fair expectation
by IJLMH | Sep 24, 2020
The structure of the digital grocery space in India does not facilitate competition due to the pre-existing market structure, consumer preference and barriers to entry. The competition conditions prevalent in this market adversely affects the new entrants and would impact the consumers in the long run. In 2020, the Coronavirus outbreak has significantly impacted the digital grocery sector. This research paper aims to analyse the changes in the online grocery retail in the pre-Corona era vis a vis Corona era through the lens of Competition Law. Statistical tools and surveys will be used to measure the shifts in consumer preferences due to the pandemic. In furtherance, Qualitative and quantitative methods will be used to measure the impact of the pandemic on the market structure and barriers to entry. The changes in the factors mentioned above facilitate an overarching transformation of the competition conditions in the grocery e-retail market.
