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Conceptualizing an International Framework for Active Private Cyber Defence
No full textPrivate sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving some of them.
The first section of this paper reviews the spectrum of active private defence and demarcates the various kinds of offensive and defensive capabilities that would fit along various rungs in this spectrum. It also maps existing policy initiatives enabling APCD from key jurisdictions. The second section outlines relevant standards of international law and analyzes the extent to which they might help circumscribe the legal limits of APCD and resolve any geopolitical tensions that might arise. The final section projects the potential ramifications of APCD and articulates the drivers that could determine how a robust norm on active cyber defence might shape responsible behaviour in cyberspace by both state and non-state actors alike. The paper concludes with a set of points and questions with the aim of articulating a baseline from which municipal legislators and global policy-makers can take this debate forward
Drug Clinical Trials Legislation in the European Union
No full textThe purpose of this article is to illustrate the basic tenets of European Union law on clinical trials. Such body of law has been progressively harmonized in the European Union over the years with the aim of subjecting interventional clinical trials conducted in any of the 27 European Union Member States to identical rules.
The article initially describes the reasons why clinical trials are important to measure the safety, efficacy and cost-effectiveness of innovative medical treatment. It then continues by illustrating the scope and basic principles of the current EU Regulation, as well as its main changes over the previous legislation. Further, the article explains the requirements of the scientific and the ethical approvals of a clinical trial application. Lastly, the authors focus on the patients’ consent to the enrolment in a clinical trial, as well as to the patients’ separate consent to the processing of their personal data
WhatsApp History is a Hydra But Don’t Blame Indian Academics
No full textExcerpt:
Author William Dalrymple’s recent comments about a generation of Indian academic historians failing to engage with the public has sparked controversy. What has irked many academic historians is the charge that a certain kind of ‘WhatsApp history’, as Dalrymple calls it, has been on the ascendant because of Indian historians who never wrote for the public. Dalrymple might have his reasons to frame it as a binary of academic historians versus popular historians in his efforts to find the culprit. However, this is misleading for a number of reasons
Mutation of the Trademark Doctrine: Analysing Actionable Use to Reconcile Brand Identities with Constitutional Safeguards
No full textWith continuous and consistent use, trademarks can come to signify opulence, luxury, and dependability; and become cultural icons. The modern trademark doctrine must accommodate these realities of the marketplace while, at the same time, accommodating the flourishing exchange of expressive uses through unauthorised use of trademarks. This push-and-pull has resulted in the complete obliteration of what were already obscure boundaries between the expressive and marketing spheres of trademark law. The present study examines the normative foundations of the modern trademark doctrine, drawing from American, English, and European trademark jurisprudence. These foundations are then extrapolated to Indian trademark law to create a workable limitation of the mutating trademark doctrine through recalibrating the actionable use requirement. The authors attempt to discern the normative foundations of the individual cause of actions in the infringement liability and argue that such foundations should serve to delimit the scope of protection offered therein. Given the relevance of expressive uses in trademark law, the present study also examines the relevance of constitutional and policy-based arguments in determining trademark infringement liability. We find that within Indian judicial discourse, there is an alarming disconnect between the normative foundations of infringement liability and their interpretation. This affects the interpretation of the limitations offered by the trademark statute and can potentially push trademark law in troubling directions
Functionality of Takeover Regimes in Asia
No full textTakeover laws play a critical role in regulating the market for corporate control and therefore directly impact public M&A in a country. While the last few decades have seen a rapid evolution in the takeover deal space, the takeover regimes in certain developing countries, like India, are at a nascent stage. There is abundant scholarship surrounding the developed takeover regimes, like that of the United Kingdom and the United States. In this article, the authors seek to investigate the local peculiarities of the developing countries to which the Anglo-American takeovers regimes have been imported and the ways in which they have shaped the practical operation of these borrowed regimes
Theorising Extraterritorial Jurisdiction: The Travails of TWAIL
No full textDiscussion of extraterritoriality focussing on capitulation theories looks backwards at an historical period. The present need is to study extraterritoriality used by hegemonic states both in an oppressive manner to advance their national interests and in a manner that protects common interests. As hegemonic power of the United States recedes, new actors like China and India will come to use extraterritoriality largely in an offensive manner. Preoccupation with the past is inapposite in a field in which the rapid developments are taking place. A theory must be found that permits defensive extraterritoriality that promotes community interests while curbing the offensive extraterritoriality that enhances the interests of the hegemonic powers
Extra-Territoriality and Solidarity
No full textBhupinder Chimni calls for a subaltern internationalism that stands in contrast to and challenges extraterritorial jurisdiction by imperial and capitalist forces. We have a productive instantiation of subaltern internationalism in the jurisprudence on jus standi at the International Court of Justice.1 A sovereign that is not the injured party may still legitimately represent injured peoples if the representation is grounded in a commitment to those peoples’ self- determination; the court’s admissibility jurisprudence has come to recognize this commitment as a legitimate erga omnes partes claim. Its most recent and spectacular expression was South Africa’s representation of Palestinians with a genocide claim against the state of Israel. The spirit of subaltern internationalism inheres not in the decision of the court but in the sweeping support for these claims across the global south. The critical force is not just the support of other states; after all, postcolonial states have themselves inherited and reinforced some of the rules of world-making forged by colonialism and capitalism. Rather, and more importantly, the spirit of subaltern internationalism inheres in the support of the genocide claims by thousands of civil society organizations from across the globe and tens of thousands of people marching in protests around the world. The vision of self-determination in this powerful left internationalist spirit challenges the political horizon of the post- colonial nation state. As the popular protest slogan heard on the streets across the world goes: “In our thousands, in our millions, we are all Palestinians”