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2002 research outputs found
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Haunted: Writing Poems as a Shadowy Intellectual
No full textAn academic and writer reflects on the circumstances and stimuli—in the form of poetry—that led her to find a voice that was as intimately her own as it was public
Liberalism Against Itself: Cold War Intellectuals and the Making of Our Times – review
No full textBook Review: Samuel Moyn, Liberalism Against Itself: Cold War Intellectuals and the Making of Our Times (Yale University Press 2023).
Excerpt:
In Liberalism Against Itself: Cold War Intellectuals and the Making of Our Times, Samuel Moyn dissects intellectual battles within Cold War liberalism through six key figures: Judith Shklar, Isaiah Berlin, Karl Popper, Gertrude Himmelfarb, Hannah Arendt and Lionel Trilling. Teasing out their complex relationships with Enlightenment ideals, historicism, Freudianism and decolonisation, Moyn’s masterful group biography sheds light on the evolution of liberalism and the cause of the Red Scare
Will Digitalisation of Work Worsen Caste Inequalities in India?
No full textExcerpt: In India, technological innovation presents a significant job security risk for large swathes of (lower class/caste) workers, with little likelihood that they will be able to reskill and retrain their way into other, better work opportunities.... In our Digit sponsored research study, we look at the task contents of occupations in India and compare them for workers belonging to different social groups or castes
Local Crime and Early Marriage: Evidence from India
No full textThis paper analyses whether living in a locality with high crime against women affects the probability of early marriage—that is, marriage before the legal age of marriage of girls. Using a nationally representative longitudinal data set and tackling the potential endogeneity of local crime rates, we find that perceived crime against women in the locality significantly increases the likelihood of early marriage of girls, while there is no such effect on boys of comparable age group. We also find no such effect of gender-neutral crimes (such as theft and robbery) on the likelihood of early marriage of girls. Moreover, we find that the relationship holds only in conservative households where the purdah system is practised, and also in the northern region of India, where patriarchal culture and gender norms are stronger than in the southern region. A sensitivity analysis assessing the potential impact of unobservable confounders suggests that our estimates are unlikely to be affected by omitted variable bias
25 Not Out: A Tale of Two Cities
No full textThe enactment of the principal arbitration legislation in India, the Arbitration & Conciliation Act, 1996, notably coincided with the enactment of the United Kingdom’s Arbitration Act, 1996. While both turned 25 years old in 2021, the two jurisdictions have seen distinct paths in the development and evolution of their respective arbitration landscapes. London, traditionally, has always been a significant seat of arbitration for parties around the world due to its consistent pro-arbitration outlook. India, on the other hand, had a questionable decade following the enactment of the Indian Arbitration Act, but is now gradually moving towards establishing itself as a preferable seat of arbitration. As India emerges as an economic power, it has taken significant strides to ensure a predictable, transparent, and reliable framework for the enforcement of contracts. In doing so, the legislative and judicial outlook in the country has been focused on building a strong arbitration culture, which emphasises giving effect to arbitration agreements and awards. There are several overlaps in the arbitration laws and practices of both India and the United Kingdom. This article discusses the comparative approach of Indian and English arbitration laws and practices. In doing so, it analyses the similarities and overlaps between the approach of courts in the two jurisdictions, particularly with respect to arbitral autonomy and the enforcement of arbitration agreements as well as foreign arbitral awards
Third World Statehood Before the ‘Third World’: Imperialism, Sovereignty, and the Making of Latin America
No full textEngaging BS Chimni’s claim that the genealogies of colonial capitalism are vital to uncovering the substantive realities that animate formalistic conceptions of jurisdiction, I argue that the independence of Latin America forms an important, yet under- theorised, site for articulating these genealogies. This is especially significant given the general lack of materialist analysis of this history in both Latin American International Law (LAIL) and Third World Approaches to International Law (TWAIL’). Filling this lacuna, I argue that while Latin American polities emerged as bounded territorial states, their recognition as such must be understood in relation to how Europe and the United States hosted new forms of imperial expansion at the same time. This forms the basis for a new account of how Latin American colonisation, independence, and enmeshment within the capitalist world-system provide ample opportunity to reimagine the operation of jurisdiction and territoriality in the history of international law
The Emergence of Brand-Name Capitalism in Late Colonial India: Advertising and the Making of Modern Conjugality. By Douglas E. Haynes. New York: Bloomsbury, 2023. 328 pp. Hardcover, $130. ISBN 978-93-54358-15-9.
No full textUnderstanding the Equality of Parties in Arbitration: A Case Comment on International Seaport Dredging Private Limited v Kamarajar Port Limited
No full textWhile the Supreme Court of India has emphasised the equality of arbitrating parties in several decisions, the court often had to use various tools to assert this. It is a question of policy as to whether statutory undertakings—that perform public functions by entering commercial transactions—must be given preferential treatment in certain aspects of the dispute settlement process, including when they choose to challenge an arbitral award. This case comment considers the decision of the Supreme Court of India in International Seaport Dredging Private Limited v Kamarajar Port Limited to highlight the nuances involved in the court’s conclusion that all parties, including statutory undertakings, in a commercial transaction are equal and ought to be subject to the same rules during the dispute resolution process. More specifically, the case comment explores the rationale adopted by the court and explains the importance of this case in the larger context of arbitration in India, even while suggesting an alternative approach that could have been adopted by the court by resorting to Article 14 of the Constitution of India