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2002 research outputs found
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Economic and Social Rights, Corruption, and Covid-19: The Indian and South African Experiences
No full textIndia and South Africa have been at the forefront of debates about economic and social rights for many decades. Whilst the apex courts in these states have led the way in interpreting and handing down remedies stemming from these rights, vast social and economic inequalities persist. This article uses the responses to Covid-19 as a basis to consider how corruption has affected the realisation of economic and social rights in each of these countries. The article goes on to address broader arguments about the value of international human rights in tackling corruption. A human rights perspective is a relatively recent addition to the anti-corruption discourse. It is recognised that human rights approaches face the criticism of being, at best, vague and, at worst, counterproductive. Whilst acknowledging the salience of these critiques and noting that a more refined understanding of the nexus between corruption and rights is needed, the article argues that human rights discourse has a valuable role to play in corruption reform measures
Colonies and International Labour Organization: A Subaltern Outlook
No full textThis paper put forward a subaltern perspective to outline the conditions of colonial labour during the interwar era. It is argued that despite the efforts of postcolonial international legal scholars to make the subaltern class visible, the latter’s voice remained scanty. One of the reasons is the paradox of international law. As noted by Chimni, “It is an instrument of subjugation and of liberation, of exploitation and possible emancipation”. This dichotomy can be witnessed in the transactions of international institutions, notably the International Labour Organization (‘ILO’). On the one hand, the ILO was regarded as the pacesetter for labour interests; on the other hand, it had the least regard for the sufferings of colonial labour. The language of Article 35 of the Constitution of the ILO that addresses colonial labour reflects ILO’s predilection for imperial powers. By restricting the automatic application of the ILO conventions in the colonies, Article 35 bestowed wider discretionary power to the colonial powers. Since its inception, the ILO has operated in a way that suits the interests of the imperial powers, reinforcing the dichotomous structure of international law. The bias of the ILO was apparent in all the instruments it adopted during the interwar period as well as in the later years
Fingerprints And Fragments: Reflections on the Challenges and Contributions of Socio-Legal History
No full textTo narrate law’s past, legal history depends on archives. Yet law’s archive, developed to serve law, necessarily dictates history’s terms. Critical legal history challenges this relationship. Inspired by trends in subaltern and postcolonial studies, critical legal historians push back against the dominance of doctrine. They bring the complexities of context and the vagaries of society, economy, and politics to bear on law’s story, framing law as part of, not separate from, history. To do this, critical legal historians challenge law’s archive. They interrogate what is said and what remains unsaid in the written record. They articulate the role that bureaucracy and record- keeping play in upholding and maintaining law’s power. And they read legal sources in new ways to place doctrine in line with practice and to situate law within society. Scaling up from fingerprints and archival fragments to the study of legal history as a field, this article outlines how trends in socio-legal studies have contributed to the study of law’s past and articulates the challenges that remain
Exploring the True Shade of Green: A Critical Examination of the Central Consumer Protection Authority’s Guidelines on Corporate Greenwashing
No full textThe Central Consumer Protection Authority in India has recently released draft guidelines to address the issue of greenwashing by corporations. This paper closely examines these guidelines and how they might impact the deceptive environmental practices of some companies. The study contributes to the ongoing discussion about corporate responsibility in India, highlighting the role of regulations in tackling greenwashing and promoting consumer trust. The authors critically comment on the shortcomings of the guidelines, while suggesting recommendations for resolving the same
Sovereignty, International Law, and the Princely States of Colonial South Asia by Priyasha Saksena (Oxford University Press 2023)
No full textSovereignty, International Law, and the Princely States of Colonial South Asia by Priyasha Saksena is a significant academic intervention into understanding South Asia. The author maps how the various actors—the princely states, the British Crown, the East India Company (the company), and the anti-colonial nationalists—used international law, especially the vernacular of sovereignty, to advance their arguments and achieve their goals during the colonial struggle
The Effects of Decision Fatigue on Judicial Behavior: A Study of Arkansas Traffic Court Outcomes
No full textJudges who hear multiple cases a day may become exhausted by the time later cases are heard, increasing susceptibility to cognitive depletion, yet the role of workload fatigue in decision-making from hearing cases has rarely been tested in the U.S. One problem is the lack of public data—most U.S. courts do not maintain time-stamped records of case hearings. Using an original dataset of all traffic cases heard in Pulaski County, Arkansas in 2019 and 2020, we examine whether decision fatigue affects case outcomes. We find that charges are less likely to be dismissed in arraignment hearings at the end of a court session than in those at the beginning. This pattern, however, does not hold for trial hearings, suggesting that the effects of fatigue may be context-specific. We suggest policy recommendations to mitigate the effects of decision fatigue in lower courts—courts having the most contact with citizens
Uttarakhand UCC Pits Vulnerable Young Couples Against the Might of the State
No full textOn 7 February 2024, the Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill. In this article, Prof. (Dr.) Sarasu Esther Thomas unpacks its provisions along with their legal and social implications
Under the Surface: Human Rights and Environmental Implications of the Proposed Sijimali Bauxite Mine in Odisha
No full textThe Human Rights Lawyering Clinic at NLSIU, Bengaluru, studied the human rights and environmental implications of a proposed bauxite mining project in the Sijimali hills of Rayagada and Kalahandi districts in Odisha. The result is a report that investigates the compliance of the proposed project with human, fundamental and constitutional rights of adivasis and affected communities, as well as with key principles of environmental governance under domestic and international law