by IJLMH | Dec 27, 2020
When an Investment Corporation treaty with the Brazilian president, Jair Bolsonaro, joined hands with India for corporation in the fields of oil and natural gas, cyber-security, science & technology, health and traditional medicine etc. In addition to this treaty, India opened up its market to allow 100% FDI in coal and Lignite along with offering 100% acquisition of Air India at the World Economic Forum. This treaty had a global recognition because India for the first time officially disregarded the Investor State Arbitration and thus India changed its approach from an investor protective dispute resolution mechanism to a whole different approach of resolving disputes by completely following the Brazil Model BIT. In this article, a comparative analyses has been done between the India Model BIT and the Brazil Model BIT and analyzed as to how there has been a dynamic shift in the Dispute resolution mechanisms all across the globe along with an Indian perspective. This paper has also discussed the provisions of the India-Brazil BIT which act as a paradigm of change in Investment Arbitration such as the constitution of a joint committee, a provision for state-state arbitration, dispute prevention mechanism and the prohibition on the tribunal to pass a compensatory award. Then a comparison has been made between State-State Arbitration and Investor-State Arbitration which is continued by a critical analyses on the whole Dispute prevention mechanism which has been adopted by the India-Brazil BIT. The article has been analyzed from a practical perspective and an alternative framework has also been recommended. It recommends various alternatives in case the Dispute prevention fails to prevent the disputes altogether as there hasn’t been an alternative provided in the treaty as even the Arbitral tribunal has been only empowered to pass an award of interpretation of the provision and not a compensatory award which could have a deep impact on the investor.
by IJLMH | Dec 26, 2020
The Gita, a book which has several interpretations. It is one of the oldest scriptures in the world, yet its teachings are so relevant and refreshening even today that it contains solutions to the most intricated problems of modern lifestyle. From private life to public life affairs, from health to environmental issues, most of the key worries of human life can be resolved, if its teachings are followed and implemented in its true sense. In the present article, these teachings have been interpreted to provide solutions for policy issues. Where, in the present time, the corruptions and discrimination has become a reason of plight in almost every society, in thousands of its forms. And, where, the whole world is suffering from these vices, The Gita provides the sigh of relief and a way to light. How Gita can help in maintaining rule of law, public order, and morality in the present time has been discussed in the present article. As morality and decency are the terms that have always been looked as part of Natural Law, so the term natural law is also discussed in brief with the help of already existing literature. At the end of the article, support has been taken from the critical thinker of Natural law, Emanual Kant whose teachings have the same basis as of Gita’s. The teachings of both relies heavily on Conscience and reasoning.
by IJLMH | Dec 26, 2020
The acquirer purchases the business from seller in exchange of grand amount. But, what happens if the seller rebuilds new business with the same methodology giving highly competitive edge to the acquirer? For such instance non-compete restrictions come into existence. Unfortunately, in India these restrictive clauses were anti-competitive in nature according to Competition Act, 2002. Because of this the acquirer was unable to confidently step into the shoes of seller. Thus, very recently the clause became enforceable and competition commission issued guidance note laying down duration and approved self-assessment scope of non-compete restriction considering duration, subject matter and geographical limitation. In the paper the author endeavors to systematically analyze topical relevance of non-compete clause by narrating the following details interplay role of NRC in M&A, exploring the scope, decoding past judgments, risk reducing advice for companies, analysis and conclusion.
Keywords – Competition Commission of India, Guidance Note, Non-Compete Restriction, Merger and Acquisition, Competition Act 2002, sec 27 Indian Contract Act
by IJLMH | Dec 24, 2020
Crime amongst females in India is the most overlooked area of the criminal sciences. Women are perceived as somebody who preserves the traditions and laydowns the foundation for a happy and prosperous life for her family. But the present decade witnessed a drastic change in women. As women has stepped out, their role as criminals have also increased. It is true that in the past women were less likely to commit crimes as compared to me. But the same cannot be applied today’s generation. The lack of scientific attention to the problems presented by women offenders is probably due to the presumption of small number of women committing crimes. Women, however, represent about half of our population and live under conditions that may often protect them against the detection or prosecution of crime. Moreover, it is found that the role of the opposite sex in a women’s life is an important factor as to the development of criminal tendencies among women. These conditions suggest that criminality among female deserves more research interest than it has received, no matter how small its numerical importance may appear based on criminal statistics taken at their face value.
Keywords: Female, criminality, crime, gender, feminists, crime among women
by IJLMH | Dec 23, 2020
India ranks third amongst the countries where maximum number of rapes happen, just behind the United States of America and Brazil.
According to National Crime Records Bureau Data around 34,000 rapes happened in 2018 alone, that means one a woman was raped every 15 minutes and the conviction rate was 27% and it is believed that 54% of cases are still not reported. According to a study by the United Nations, only 11% rape cases in India are reported.
In this scenario it is very important to be legally aware about the 6 rights of rape victim: Right to Zero FIR, Free medical treatment even in any private hospital, No two-finger test during medical examination, Harassment free and time-bound Police Investigation, Trial with full dignity, speed and protection, and Right to compensation.
by IJLMH | Dec 23, 2020
Cyber-squatting is a general practice where companies desire to obtain domains names which are easily identified with their established trademarks. It is an extremely crucial domain dispute prevalent across the globe. Looking from the Indian perspective cyber-squatting has been prevailing since the rise of internet in the subcontinent. Courts in India has dealt with cases related to cyber-squatting, as of now there is no such law in India which prohibits cyber-squatting. India needs drastic measures for reframing the laws in order to bring into account the internet reality. One way is by strengthening the domain dispute and brand protection laws which result in greater confidence among foreign investors and will led to go a long way in affording greater development for India.
