by IJLMH | Nov 30, 2020
Until and unless establishment of peace justice cannot be done. The safeguarding of international peace and security has always been the foremost reason of the International Law. But these concepts are still missing in many parts of the world due to huge number of disputes among the states. We are well aware that an international dispute takes place between states whenever in their affairs to one another certain divergent claims, interests and rights have crystallized with respect to certain existing issues. In fact under some circumstances in international community dispute existence itself disputable one; there is no specific norm to understand the term dispute. Because, majority of inter-sate differences include political allegations and a potential legal solution. The paper is focused on a very important and sensitive matter- the one which concerns the disputes among states and its two completely opposing ideas. It also aims to finding out the definition of the international dispute in order to indicate the framework of the analysis and indicates the main characteristics of it with the help of various attempts made by the international institutions. This paper continues to analyze the legal and political nature of international dispute with the help of India-Pakistan, Kashmir issue; India-Bangladesh Enclaves issue.
by IJLMH | Nov 30, 2020
Although import duties on many agricultural products have been dropped or waived as part of preferential trading agreements, farmers in developing countries are facing new challenges to selling their products around the world. Technical requirements, particularly for the hygiene and safety of products, have become one of the greatest barriers to trade for many producers.
The World Trade Organisation (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) aims to provide the balance between the right of governments to protect food safety, plant and animal health, and prevent these sanitary and phytosanitary measures from being unjustified trade barriers.
by IJLMH | Nov 25, 2020
India needs robust legislation to guarantee people the ability to monitor the collection and dissemination of their personal information. Legislation that reflects the fundamental concepts of fair communication management is a central component of this approach. These protections grant people the right to control the processing, distribution, and secondary use of data; the right to view and correct personal data; the right to keep personal data secure; and the right to be aware of the processing and transfer of data. Accordingly, the law would prohibit the storage and processing of personal data by providers of personal information.
It is fascinating how unrestricted the Internet is at the level of international law and how enforcement is perceived across lenses as varied as crime, defence, child welfare, morals, growth, culture, expression, or privacy. Ideas of infrastructure equity and wider conceptions of individual independence (communicating, sharing, vying for business access, and even being anonymous or forgotten) have given rise to much of the debate on Internet policy, but also more oppressive ideas of government power, monitoring, and retribution.
by IJLMH | Nov 25, 2020
In this Paper, initially I would be discussing the meaning and the history of police brutality which date back to the mid-nineteenth century. The point shall be further developed by highlighting the key causes for police brutality which would take into consideration the psychological reasons, use of excessive force, racial profiling and many more. The powers that are envisaged with the police officers are so unique and enormous that it could disproportionately be exercised against the citizens depriving them of their freedom and hence, resulting in grave violation of human rights of all individuals. Therefore, it is the duty of the law enforcement officials to not only carefully exercise and comply with the international human rights standards as it is binding on all states and their agents but also to “respect and protect human dignity and maintain and uphold the human rights of all persons”.
Thereafter, I would predominantly be focusing on the scope of the European Convention on Human Rights on police brutality which would further be substantiated by the case laws hence, underlining the nexus between the two. Lastly, I would conclude by highlighting the rights of the police officers and the challenges faced in achieving an ideal balance between police powers and individual liberty as police officers are meant to be the peacekeepers of the society.
by IJLMH | Nov 25, 2020
Beginning with the evolution of access to justice in the backdrop of constitutionalism and international conventions, this paper moves on to analyse the impact of the unprecedented situation of COVID-19 on access to justice. While dealing with the legal impact of COVID-19 on different social groups it attempts to overcome the lacunas by critically analysing and giving suggestions for the accessibility of justice during COVID-19.
Keywords: Legal System, Access to Justice, Rule of law, Principles of Natural Justice, Article 14, Article 21, Video conferencing, domestic violence, judicial mechanism.
by IJLMH | Nov 25, 2020
Personal autonomy quite simply put is the ability to self-govern or self-determine being able to be autonomous in taking decisions, believing in certain values and living a certain way and the absence of external influence in undertaking these actions. But does it mean the same in Feminist legal thought?
Contemporary discussions on personal autonomy started in the 1970’s when authors like Gerald Dworkin and Joel Feinberg provided insights into the realm of autonomy noting that our decisions were worth preserving only if they aligned in harmony with our core morals and values and not else ways.
Another aspect of liberalism that feminists associate with autonomy is the concept of ‘atomism’ connoting the presence of an atomistic man.
Personal Autonomy has provided women with a voice to channel their opinions. It is also pertinent to note what autonomy means and the value it holds to women and people at large.
