by IJLMH | Nov 13, 2020
There has been a surprisingly remarkable development in the organized sporting industry in India and around the globe. Predominantly, professional sports not only have existed for a long time but have actually evolved in terms of capital invested and their impact on society. The largely competitive sports, from the other extreme, have followed traditionally unheard styles. Electronic sports, for example, is an emerging sector which has only just achieved prominence and it is already generating financial success on a global scale. It is essential that the legislation governing it evolves appropriately, with the world of sports continually changing and looking to diversify. For years, competition law has governed the realm of sports and athletics, and over time, the interaction of the two areas has evolved dramatically. This paper would address the relationship between sports and competition law as well as its progression. The interrelationship will be discussed mainly through the help of three major case laws involving the intervention of the Competition Commission of India in the IPL, AFI and AICF cases. Through the help of these pivotal cases, the relationship is further analysed from the perspective of accountability and understanding the pyramidical structure involved in sports and the key to its solution. The research paper discusses what the future holds before concluding by providing suggestions as to how the improvement of the interface between competition law and sports can lead to the advancement of the latter
by IJLMH | Nov 12, 2020
Intellectual Property Rights (IPR) has been defined as ideas, inventions and creative expressions based on which there is public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property in order to enable them to reap commercial benefits from their creative efforts or reputation. Common types of Intellectual Property Rights are patents, copyrights, trademarks, industrial designs, geographical indications, trade secrets, layout designs for integrated circuits and even ideas. Intellectual Property Rights provide an incentive to the creator to develop his creation and to share it with other people for the development of the society. The basic aim of the IPRs is to help in meeting the challenges in the development like reducing the poverty, stimulating economic growth, improving the health status by providing the medicines to poor, improving access to education and contributing the overall sustainable development
by IJLMH | Nov 12, 2020
India is a country with huge population and the need to earn livelihood is of paramount importance to cater the essential needs of the family. Amidst the pandemic and otherwise also, several instances have been reported of unfair trade practices that encroaches the right of the employers, employees and the workers. In order to curb these unfair practices, the Indian government has made constant efforts to implement major legislative reforms. One of the recent and major labour law reform involves consolidation of three critical industrial relation legislation into one: The Industrial Relations Code, 2020. The main aim of the code is to strike a balance between the demands of the workforce and providing freedom of business to the employers to conduct their business efficiently. The legislation is an attempt on the part of the Central government to bestow benefits to the working population of both organized and unorganized sectors. With the current situation in the country, it is imperative to provide strong support to the employer to accelerate the business effectively and also safeguard the dignity of the labours. The manuscript analyses the significance of the code, various important provisions and the reaction of the general public to this legislative reform.
Keywords: retrenchment, negotiating unions, re-skilling funds, strikes and lockouts, fixed term employment.
by IJLMH | Nov 12, 2020
Over the past few years, every country is tackling environmental degradation, and India is one of the few countries in the World whose economic growth has tremendously increased. This economic growth has given rise to many employment opportunities, the establishment of industries, rapid urbanization, commercialization, etc. But India’s remarkable economic growth has been recognized through degradation and pollution of the environment, ecological imbalance, water scarcity etc. Considering the size and diversity of its economic structure, environmental risks are far-reaching at its heights. The term ‘Green Economy’ has been capturing around the entire world where every country is now focusing on environmental issues, adopting a green economy as its fundamental economy, and working towards sustainable development. India so-far is facing the difficulty of co-existence of the conventional economic growth strategy and slow effort to mitigate and adapt to the climate change issues. In the present scenario, shutting down industries or reducing the production system will ripple the Indian economy for the sake of tackling climate change. Adopting the multi-disciplinary Green approach will have negative effects on employment, trade, agriculture activity, business pattern, which requires, new policies, fiscal reforms, international trade relations and trade patterns with the other countries, skill development program, extensive research, development of resource efficiency. Framing of policies of manageability factor into the continuous financial choices for boosting framework and assembling can set things moving for putting the Indian economy on the Green Economy way. This article will deal with how one can apply economic tools in the field of environment attaining sustainable development. Later, the author has given suggestions which can be adopted in India so that there is a check and balance on sustainable development and economic development. Lastly, the article will end with the conclusion.
Keywords: Green Economy, Sustainable Development, Environment, climate, policy.
by IJLMH | Nov 12, 2020
India being the country with the largest constitution, provides its residents’ plethora of rights and duties in order to secure their wellbeing, ensure justice, equality, and a platform to seek redressal for their grievances. The country consists of the apex court, whose judgments are the final word and have shaped India’s legal system. It is followed by the high courts and district courts. The ratio of dispute resolution in the country is very low. Thus Lok Adalats come into the picture. They are a form of Alternative Dispute Resolution where the suits filed or the already pending cases in the court of law are resolved, or the matter is settled. People opt for Lok Adalats to escape the labyrinth of the court of law or are underprivileged. Lok Adalats intend to lessen the burden of the Indian courts and thus help to shape the legal system of the country.
by IJLMH | Nov 12, 2020
Mediation is one of the oldest and most common dispute resolution mechanisms in international dispute. When it is applied correctly it can help to mange or settle a dispute. Many questions about the process can be posed, but the most interesting questions relates to the need to understand when a mediation effort succeeds or fails to settle or resolve an international dispute and how mediation helps in resolving the international dispute. This article answers these questions, including the relationship between strategies employed by a mediator, and mediation outcomes. A number of attempts to explain the association between the choice of mediation strategies and mediation outcome have been made; few, however, have provided specific conditions where the effectiveness of certain mediation strategies becomes noticeable. This paper also attempts to fill this gap and also deals with effective strategies of mediation, Tashkent declaration, Algiers Agreement in 1975 and Algiers Accords.
Keywords: International Dispute, Tashkent declaration, Algiers Agreement in 1975 and Algiers Accords.
