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2002 research outputs found
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The Space Between Jurisdiction and Sovereignty
No full textThis Comment examines the relationship between jurisdiction and sovereignty in the context of Chimni’s principle of subaltern internationalism. When viewed from the perspective of decolonisation and self-determination, jurisdiction pulls against Third World spaces for governance. Instead, it deploys jurisdiction as a limiting legal instrument. I suggest that mainstream international law has relied upon—exploited, even—the space between jurisdiction and sovereignty to withhold the full realisation of self-determination from developing states. Drawing on the case study of East Timor, the Comment examines the many faces of jurisdiction on the plane of mainstream international law
International Economic Law: Text, Cases, and Materials by Choukroune, L. and Nedumpara, J. (Cambridge University Press, 2022)
No full textThis textbook on International Economic Law (IEL) is the newest addition in this evolving domain written by two academics who share their passion in working on IEL. Leila Choukroune is an academic in Portsmouth University and an expert on IEL and business and human rights. James Nedumpara is also an academic in Jindal Global Law School, India and heads the Center for Trade and Investment Law at the Indian Institute of Foreign Trade. Together, they are co-chairs of the South Asian International Economic Law Network,1 a collaborative network of academics, practitioners and officials interested in IEL (founded in 2017) that has hosted four biennial conferences from 2017 to 2024
Between the Entrepreneurial Impetus for Higher Profits and Consumer Rights or Types of Unfair and Misleading Commercial Practices: Insights from Bulgaria
No full textThe application of unfair misleading commercial practices affects the economic interests of consumers, threatening legal security and the achievement of market equilibrium. In response to these imbalances, the law builds a solid regulatory network for consumer protection. In the codification of the protection of consumer interests from unfair commercial practices, an important place is occupied by secondary legislation of the EU, and in particular Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market. The article presents a classification of the types of unfair misleading commercial practices based on the regulatory framework at the European and national level. The aim is to outline the types of unfair and misleading commercial practices according to their normative manifestation and applied aspects in the activity of the sanction proceedings of the Commission for Consumer Protection and the corresponding judicial practice of the administrative courts in Bulgaria in the field of retail trade with fast-moving consumer goods and services, provided by mobile operators. The importance of the typology of unfair misleading commercial practices lies in the possibility that they can be better recognized both by consumers, as their addressees, and by law enforcement authorities, as committed to ensure counteraction against them
The Supreme Court and the Challenges for Fiscal Federalism: Mineral Area Development Authority v Steel Authority of India
No full textThis case comment analyses the 2024 Supreme Court judgement in Mineral Area Development Authority v Steel Authority of India, in which the court upheld the states’ power to tax mineral rights and mineral-bearing land. The authors discuss the issues involved, the approach of the bench towards interpretation, and the implications for the parties to the case and other stakeholders. They argue that while fiscal federalism is crucial to India’s constitutional scheme, the bench had limited leeway in deciding the case on this basis due to the absence of legal, doctrinal, and factual clarity
Book Review | Sangeeta Dasgupta, \u27Reordering Adivasi Worlds: Representation, Resistance, Memory\u27 (Oxford University Press 2022)
No full textBook Review: | Sangeeta Dasgupta, Reordering Adivasi Worlds: Representation, Resistance, Memory (Oxford University Press 2022
Why More Strict Compliance Is Not Enough to Avoid Tragedies Like Rajkot and Delhi Fires
No full textExcerpt:
\u27Fires in cities are more common than we think. We see these massive fires that claim several lives as few and far between. The gruesome cases in Rajkot and Delhi recently, following one after the other, are a wake-up call for anyone invested in the question of the future of our cities. The news always has a way of weighing the gravity of such events against the number of people who lost their lives. In these two fires, the shock value also comes from the fact that children and infants lost their lives. But there is more to these fires than we tend to see.\u2
Learnings from the new Bazball
No full textExcerpt: Bazball has two elements, neither of which are surprising. It encourages people to play without fear. But that’s not the only thing. It also encourages people to immerse themselves in and enjoy their work
The Ilaiyaraaja Copyright Dispute Points to Issues Lyricists, Music Composers Face in India
No full textExcerpt:
Two recent legal notices sent by the illustrious musician Ilaiyaraaja have reignited the debate over the ownership of rights over musical compositions synchronised in movies.... A closer examination of these controversies may reveal that Ilaiyaraaja might be drawing attention to a broader issue that lyricists and music composers in India have faced for over four decades.
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It is high time that the courts in India and policymakers take concrete steps to correct the copywrongs emerging from the 1977 Supreme Court judgment in the \u27Indian Performing Rights Society v. Eastern India Motion Pictures Association\u27 case
Views From an Anti-Caste Movement: Caste, Labour, and Religion in Sangharsh
No full textWhile the sociology and anthropology of India are replete with the thematic of caste and caste-based oppression and inequalities, the world of ethnographic film-making is largely silent on these issues. This article analyses an exception to this situation—Sangharsh: Times of Strife [Dir. Nicolas Jaoul, 2018], filmed in the late 1990s–early 2000s and revolving around activists of the Bhartiya Dalit Panthers, an anti-caste formation in the northern Indian state of Uttar Pradesh. I examine the film’s enactment of caste relations through its focus on this anti-caste movement and its activists. To this end, I attend to questions of cinematic form and structure, link the film’s representational strategies to film-making lineages, and analyse sequences in which some of the most contentious, topical issues are developed—namely, the connections between caste and labour as well as between caste, religion, and communalism. The article therein analyses the implications of these cinematic engagements to our understanding of caste relations