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Colonialism, Jurisdiction, and Sovereignty in Palestine
No full textKnowledge production is never neutral, and academia – much like international laws and institutions among other social structures – is a key conduit for the efficient operations of power. Israel’s longstanding occupation and settler colonialism in Palestine challenges mainstream accounts of the international laws of jurisdiction, whereas Chimni’s TWAIL analysis better accounts for and predicts the imperial operations of such laws and points to fruitful evolution towards fairness and justice.10 I elaborate by considering firstly the exercise of jurisdiction during occupation and settler colonialism, and secondly the exercise of universal jurisdiction by states. I conclude with some thoughts on jurisdiction when exercised by international organizations
Human Rights and Jurisdictional Trajectories: Shedding Light on the Colonial Genealogy
No full textInternational law’s tryst with colonialism has continued to have a significant bearing on the shifting sands of jurisdiction in relation to human rights enforcement. Even as the apparition of empire loomed large over Third World states, a ‘universal’ yet non- binding catalogue of human rights had become reality with the birth of the UDHR. As recognized in Article 2 of the document, peoples of non-self-governing territories could also not be deprived of their human rights. However, hopes were belied when the ECHR, as the first binding post-War human rights instrument, was accompanied by a restrictive jurisdiction clause. The original Article 63 of the ECHR, which now reads as Article 56, conferred an unbridled discretion upon colonizing powers to bar the application of Convention safeguards to territories under their administration. When the time came to embrace an international treaty for human rights, the potential absence of a territorial application clause became a bone of contention. The subjects of conquest would consequently acquire legitimacy as right-holders in colonized territorial spaces. To offer a pushback, a surrogate ‘emergency’ provision to derogate human rights was accommodated in Article 4 of the ICCPR for providing a veneer of legality to the repression unleashed in the colonies. As the responsibility to protect doctrine gained currency as an emerging norm in the post-Cold War era, jurisdictional strategies have also undergone another transformation. By making ‘human security’ a paramount consideration to reorient state sovereignty, a clandestine mode of expansive jurisdiction has been inaugurated. The neo-colonial undercurrent of R2P offers an impetus to the idea of a humanitarian emergency that is externally imposed and justified in the name of shared international responsibility
Oligopoly, collusion, entry and welfare
No full textThis paper analyses and shows the effects of entry into oligopoly. While entry affects prices and output, it may or may not impact welfare. However, the same in different oligopolistic set-ups has divergent and far-reaching welfare consequences. Specifically, we work with the -firm Cournot and Bertrand set-ups and evaluate the effects of entry on collusion and welfare. Entry may be a more effective policy tool to counter collusion in Bertrand than the Cournot framework. Our results are novel and of policy importance
Water Management and Conservation in India Fostering Water Justice: Arguing for Adopting Just Sustainability in Water Governance
No full textThe water sector is characterised by everyday water injustices where factors like social discrimination, economic disparities, and political preferences influence the determination of water resource access, allocation, and management. The increasing anthropogenic impacts on water resources and consequent threats to sustainability add to the water injustices, often impacting the poorer, socially downtrodden communities that bear the brunt of water scarcity and cannot afford alternatives. The current water governance patterns, prioritising equality over equity, fail to address the issues of water injustices created by social, political, and economic factors in water management and sideline the ecological impacts on water resources. Moving beyond the current anthropogenic water governance patterns is pertinent in this context to balance human and environmental water needs. In this context, the paper examines adopting the ‘ just sustainability’ principle in India’s water governance that can balance human water demands and ecological water needs. The just sustainability that integrates the concerns of equity, social justice, and welfare in sustainable development could lay the framework for a re-conceptualisation in water governance where the human right to water and water for the ecosystem, or the right of nature can be balanced. Adopting a just-sustainable pattern based on a water justice framework can address the issues of water users and the everyday water injustices (social and economic) they face, as well as mainstream the environmental harm caused by excessive and unsustainable water consumption patterns
A Tail without the Head: A Non-‘Competition’ Law Market Study on Cab-Aggregator Industry Devoid of Consideration of Its Consumers
No full textThe cab-aggregator industry in India has recently come under the scrutiny of the competition watchdog due to the alleged violations being committed in this burgeoning market. One such reason is the imposition of surge prices by cab aggregators, which despite being a longstanding practice in economics has off late shown several anti-competitive tendencies. In response to these concerns, the Competition Commission of India on 9th September 2022 released a “Market Study on Cab-aggregator Industry with Special Emphasis on Surge Pricing”. This study was perceived as an effort to address the unresolved anti-competitive issues that were not thoroughly examined in the case of Meru Travel Solutions Pvt. Ltd. v ANI Technologies Pvt. Ltd. due to the prima facie dismissal of the allegations. Nevertheless, the study\u27s outcome proved ineffectual as the Commission failed to undertake a comprehensive competitive assessment of surge pricing by not identifying different kinds of anti-competitive practices the cab aggregators may employ, or proposing any effective counter-measures. In this regard, the authors of the paper question whether the CCI has: (i) defaulted in framing clear objectives and undertaking controlled experiments, and (ii) inadequately contemplated the anti-competitive implications of surge pricing. Firstly, the paper aims to deliberate upon the parameters that could have been relied on by the Commission to constitute surge pricing as an anti-competitive practice. Secondly, the paper identifies permanent and temporary parameters from the perspective of the consumers and the drivers to infer as to when surge pricing may be considered anti-competitive. Thirdly, the paper has proposed three models whose adaptation would ensure that the CAs are refrained from exercising anti-competitive parameters: Decentralized Negotiation- Consumer discretion and driver discretion model, and Centralized Negotiation- Driver discretion model, taking a cue from the Uber Flex model to limit, if not entirely counter, the charging of surge prices based on anti-competitive parameters and the Subscription Model. It is recommended that these models would have become a crucial part of the advisory to the Ministry for drafting Rules under the Motor Vehicles Act 2019
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
Case Comment: Ashwani Chawla v Flipkart Internet Private Ltd – Formal Recognition of Dark Matter Prevention and Recognition Guidelines
No full textIn this case comment, the authors analyse the decision of the State Consumer Disputes Redressal Commission, Chandigarh in the matter of Ashwani Chawla v Flipkart Internet Pvt Ltd and Others. This case involves multiple issues related to traditional consumer protection law, such as the jurisdiction of the commission, defect in good, deficiency in service, unfair contract, and unfair trade practices. More importantly, this decision is one of the first Indian consumer law judgments to explicitly apply the Guidelines for Prevention and Regulation of Dark Patterns 2023. In addition, it also discusses the joint and several liability of the online platform intermediaries for actions of the traders allowed to operate on such platforms. Apart from the present judgment, the case comment also discusses similar judgments like Jatin Bansal v Amazon Reseller Services Pvt Ltd and Others, and the implications of the judgment in the context of Indian consumer law jurisprudence applied in the e-commerce sector
Country Reporter: India
No full textThe International Labour Law Reports is a series of annual publications of labour law judgements by the highest courts in a number of jurisdictions. I.L.L.R. is intended primarily for the use of judges, labour law practitioners, industrial relations specialists and students who need or desire ready access to authoritative information of a comparative nature on problems arising in the field of labour law and industrial relations. Each judgement reprinted in I.L.L.R. is accompanied by Headnotes and in practically all cases by an Annotation which sets forth, among other things, the legal issues involved, the basic facts of the case (if not included in the judgement itself), the relevant statutory provisions and judicial precedents, the labour law and industrial relations context in which the case arose and the significance of the judgement in the development of the law.
The I.L.L.R. provide the reader with factual information that is not coloured by the personal views of the annotators. As a rule, judgements are printed in extenso; editorial discretion has been relied upon to delete or to summarize portions of judgements that are purely technical or only of marginal interest.
This volume covers the period 1 October 2021 to 30 September 2022
Universalism and Belonging in the Logic of Blackness
No full textExcerpt:
What is the nature of the relationship between universal categories such as ‘Freedom’—shaped predominantly by the logic of Capital—and belonging in a world shaped by categories of ‘difference’ such as race, class, caste, gender, and so on? What makes these universal categories persist and spread despite the physical, political, and epistemic violence they regularly unleash on these different ways of belonging? Is it possible to (re)imagine a universalism which does not obfuscate or erase difference