Suchergebnisse

Turizm ve Kültürel Miras Kongresi

3. Uluslararası Müzik ve Dans Kongresi Özel Sayısı

Through this paper, the authors seek to delineate the contentious issue of legalization of gambling on sporting events in India within the circumscribing limits of the thriving legislative framework. Adopting a sequential examination of the issue in hand, the authors having engaged in an exhaustive analysis of the Indian Gambling Laws endorsing the objectives of inclusivity proceed towards a comprehensive illustrative perusal of arguments espousing for and against the cause of the issue in hand. Sensitive to the ideological force guiding the movement for the Pro- Legalization Agenda, the paper in its latter half makes a concerted effort to propose constructive structural solutions for the concretization of the change argued for before concluding the matters clarifying the authors stance on the issue vis-à-vis underscoring the "Legislative Dynamism" argument.

Both, Civil-Political Rights and Socio-Economic Rights find mention in the Indian Constitution. Constitution of India stands as the real safeguard of our freedoms. It represents the basic document on which the whole framework of this "Sovereign, Socialist, Secular, Democratic, Republic" stands. The foundations of this Republic have been laid on the bedrock of justice. The cluster of socio-economic rights represents the hopes and aspirations of millions on which the fabric of this sovereign republic stands.

Globalization presents a situation which is much more complex than mere de-bordering or "international integration." The web of powerful transnational non-state entities including inter-state organizations of various denominations and international business corporations (IBCs) is prime indicator of the move in the world order beyond traditional, state centered system of organization. But, the control mechanisms ensuring accountability and responsibility under international law have not kept pace with these Post-West phalian developments. The experience of resource curse is a grave reality for many of the natural resource exporting nations, primarily encompassing countries in Asia, Africa and South America, bringing to the fore deep economic asymmetries between Global North and the Global South. Various economic, environmental, social and political dimensions of resource curse have been extensively observed and studied in case of low income, primarily oil export dependent countries, where large scale oil extraction activities are conducted by economically and politically powerful international oil corporations (IOCs).

There is a general sentiment that the creation of states in India has always been determined by political expediency rather than logic. While Uttar Pradesh has a population bigger than that of Brazil, at the other end of the spectrum, states like Sikkim, Mizoram etc. have just a fraction of that population. This piece examines the economic impact of State creation, and whether statehood actually augments the economic development of a region otherwise alleged to be neglected and treated in a step motherly manner. Alongside is the issue of better governance and rule of law. The results are a mixed bag: creation of smaller states does not always yield positive results. The critical point for consideration is then whether better political governance and fiscal management within the bigger State is more economically prudent.

With the onset of the recession and gradual collapse of hedge funds, investment banks and mercantile firms apart from state-owned central banks across the Western hemisphere, the study of the types and sources of wealth possessed by Governments is of utmost importance. Although the international investment climate is in doldrums, business is booming as far as India is concerned. In this article, the authors seek to trace a primary study of the concept, functions and operations of sovereign wealth funds. Special emphasis has been laid on the manner in which Governments employ and utilize such funds. In conclusion, the authors have attempted to establish links between global politics and diplomacy on international investments and the effects of the former on the investments made by states.

The article involves an examination of the legal regime governing genetically modified foods in India. It contains a brief conspectus of the history of GM crops in India, including Bt Cotton and Bt Brinjal. The essence of the GM debate is sought to be encapsulated. In the course of unfolding the facts and core issues, the lacunae in regulation are sought to be highlighted. The confusion and concerns (including a Public Interest Litigation before the Supreme Court) which led up to the drafting of the Biotechnology Regulatory Authority of India (BRAI) Bill are discussed. The historical conspectus helps to put the critical evaluation of the BRAI Bill, which follows, in context. A detailed figure describing the regulation of genetically engineered organisms, inter alia, is provided. The functions of various regulatory bodies like the Genetic Engineering Approval Committee, inter alia, are outlined. Relevant provisions of pertinent legislations, such as the Seeds Bill, 2004, Prevention of Food Adulteration Rules, 1955 and Food Safety and Standards Act, 2006 are evaluated. The exclusion of the Food Safety and Standards Act, 2006 by the BRAI Bill is critically assessed, with special reference to packing and labeling requirements and important general principles, bearing on human life health and consumers' interests. The following shortcomings of the BRAI Bill are critically analysed at length: overriding the State legislature, violating the fundamental freedoms of speech and expression, the right to life and health and the right to information, and legal lacunae engendered due to exclusions and omissions which are pointed out. The article concludes, highlighting the need for a responsible regulatory framework which builds on the current food safety and bio-safety laws, incorporates safety thresholds and democratic values, and is committed to the protection of human life and health.

The technology and law are said to be in race with each other. This requires law to amend itself and evolve so as to keep its promise of maintaining order and rendering justice to the needy who very often are weak. This is also true about the consumer protection laws. The Traders, every now and then, innovate new techniques to lure customers with the aid of modern day well organized advertising agencies. But the Consumer Protection Act, which is meant to protect the common poor consumer against any such injurious acts on behalf of traders, is more than two decades old legislation wherein many lacunas have been identified. One such defect is the limited scope of bringing public interest litigation which in effect renders the Consumer Protection laws an affair of middle class men and resulting in denial of access to equal justice to large section of poor, weak and illiterate masses who are pitched against a well organised and equipped class of men - the traders.

The aim of this paper is to bring in to focus the expanded perimeters of the Basic Structure doctrine, the most significant Judicial Construct to protect the essence of Constitutionalism in our country. The doctrine was formulated to prevent unrestrained exercise of the power to amend bestowed upon the Parliament by the Constitution. However, through a detailed study of the nature of the doctrine, and also going through the various judicial pronouncements we come to the conclusion that Basic Structure doctrine is not merely applicable for testing the vires of the Constitutional amendments but can also be extrapolated to other arenas.The paper is divided into three chapters and an epilogue. In the first chapter, an initial introduction to the doctrine and its origins and some critical and essential aspects of the doctrine has been discussed. The second chapter deals with the applicability of the Basic Structure doctrine in the process of law-making. The third chapter deals with the applicability of the doctrine by the court to compel an amendment. These are the areas where the Basic Structure doctrine is yet to find an usage but there are ample scope by which these aspects can be brought under the umbrella of the Basic Structure. This are unconventional dimensions of the doctrine and is a field yet untilled but bears huge significance in establishing Constitutionalism in the country in its truest sense.

The Judiciary is one of the institutions on which rests the noble edifice of democracy and rule of law. Indian Judiciary has an impressive record. There was a time when law was undoubtedly considered to be manifestation of will of the dominant social class, determined by economic and political motives. A judge is now more conscious of the felt necessities of time. This in turn has increased the burden as well as the responsibility of a judge to look into different matters originating from the case as well as from the new developments. This again realizes the judges of continued introspection and research in to the developing new issues and modern techniques. For giving accurate decisions in the matters where new developments are taking place, there is need for the judge to make research for better understanding of the new developments of law. If the research is carried on by judges for the purpose of decision making then technique can be of a great help. The technology can be helpful in easy accessibility to judgments of various courts which in turn will help in checking up inconsistent decisions by different courts.

The notion of judicial accountability in modern constitutional democracies is based on a premise that a judge cannot be removed from office unless he is found to have been guilty of some misbehaviour or misconduct. This requirement of an established ground of misbehaviour is seen as a protective measure against the possibility of the judge being arbitrarily removed from office. This article focuses on the proposition that it is logically fallacious to legally define the concept of misbehaviour. Firstly the author covers the entrenched practice of removal of a judge being based on established grounds and prescribed procedures across different countries. Secondly, the author establishes the challenge in having a consistent understanding of the concept of misbehaviour. Thirdly, the author discusses the different conceptual perspectives (narrow and broad) which have been adopted is seeking to understand misbehaviour. Then the author discusses the different interpretations of the concept of misbehaviour which have been suggested or followed in the context of the Indian Legal Framework. Then the author argues that the problem in having a proper and consistent definition of misbehaviour lies in the fact that that it is not a concept amenable to a legal definition. The author argues that removal of a judge being a political process and not a legal process; it is logically untenable to seek a legal definition of misbehaviour. The author discusses the possibility of judicial review of the removal proceedings if there were to be a legal definition and argues that such a possibility would be at counter-purpose to the very essence of judicial accountability. The author clarifies that such an understanding of the concept of misbehaviour is not antithetical to the idea of judicial independence. The author contends that the limitations on the power of the legislature to remove a judge ought to be political in nature and not legal.

The article in brief discusses the position of the market authorization of Biosimilar products by analyzing the position of law in three different jurisdictions including United States, European Union and India. An analysis has been carried out with respect to difference in position in these jurisdictions. Further study and analysis has also been done in relation to the case of Sandoz v. Amgen, which is the first case brought before the US courts with relation to the Biologics Price Competition and Innovation Act, 2009 of United States and with respect to the Biosimilar industry in any court around the world. The last part of the paper discusses the policy considerations required from the Legislators to ensure that the health sector and the public in general is benefitted to the maximum by biosimilar product industry and at the same time it is ensured that the pioneer product manufacturers have the inventive to innovate.

The liability for nuclear damage was recently came in to focus due to the Tsunami attack in the Japan and its impact on the nuclear power plants of the Fukushima. On other hand the increasing protest against the nuclear power plant of India which was going to be installed in Jaitapur in the State of Maharashtra. The protestors are worried about the consequences of the nuclear radiation and its harmful effects on the nature and living creature, therefore it is crying need to strengthen the compensatory jurisprudence for the future generations in case of any upcoming nuclear disasters. Indian government now wants to pass a special law to provide foreign companies s with liability protection in case of nuclear accidents. Hence the civil liability for nuclear damage Bill 2010 was introduced in the Indian parliament in the year 2010. Even prior to the preparation of present bill there are certain other legislations and judicial decisions which had taken care of the nuclear damage and liability for the compensation. This article analyses the shortcoming of the bill as well as the previous mistakes committed by the government while dealing with remedial setup to the victims of the nuclear disasters.

Indian cultural diversity is profoundly known around the world and inherits traces of past that could rarely be seen anywhere else in world. Tribes and its inhabitants are nothing more than citizen of the India thus empowered to exercise all rights that anyone else have but due to their vulnerable condition that is nothing but the "state response" to their demands have put them in the shelter house that needs more protection than any other social order of classification. Among several quandaries for tribal population, one of the challenges that was faced was of their livelihood. Their rehabilitation may cause severe social and moral glitches that could even endanger the existence of the tribe. There were several steps that have been proposed to be taken and later were implemented by the government wherein one of the significant legislation that came into existence in 2006 was The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. This paper examines the status of tribal in India vis-à-vis keeping a vigil over the effect of the Forest Rights Act over the issues relating to tribal population in India. The paper will analyze the rights and status of the tribal population viz. constitutional and other perspectives in India moving to throw some light upon the significance of forest and rights of tribes associated thereto.