NUJS Journals West Bengal National University of Juridical Sciences
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THE ONE WHO NEEDS AND THE ONE WHO EATS: OBSTACLES TO THE RIGHT TO FOOD- A GLOBAL PERSPECTIVE
Get PDFThe paper revolves around the theme of impediments to the right to food, a
right which safeguards every human from the horrendous aftermaths of
hunger 3and starvation. The significance of this right is exfoliated through a
brief account on the provisions prescribed under various instruments of
international law. The Constitutional recognition of this right is discussed
and several constitutions around the world are analyzed in the light of this
right. The paper points-out multifarious obstacles to the achievement of this
right. The impact of political turbulence on the right to food within a country
is elaborated through the case-studies on South Sudan and Somalia. The
paper unfolds the impacts of corruption and ineffective administration on
hunger through the case-study on India. Corruption is a corroded system
where the authorities achieve monopoly over exercising discretion and
completely banishes supremacy of the rule of law. The paper further
analyzes case-study of Holodomor, a state-perpetrated famine, and explains
how political ambitions can jeopardize the fundamentals of human rights.
The memoirs of such brutal ignorance of duty, continues to be blots on the
conscience of every human and shakes the spirit of international agencies.
Further, the agricultural impediments are discussed in wider details and
arguments are advanced towards eliminating these impediments. The right
to food needs to be honored and achieved and effectuated in a manner that a
person truly achieves a stage where he is free from hunger and starvation
REVIEWING STATUS OF THE RIGHT TO FREEDOM OF EXPRESSION IN ETHIOPIA: A COMPARATIVE ANALYSIS OF NATIONAL AND INTERNATIONAL LEGAL INSTRUMENTS
No full textThis article briefs the situation, status and treatment of a
particular constitutional right to freedom of expression in current
Ethiopia’s politico-legal realms in comparison with the broad and
superlative lens of international human rights’ laws and treaties
that the country signed and promised to domesticate. Thus, its core
purpose is to discover at what point of content this right/freedom
faces legal breach, lacks national protection and needs
international attention. To this end, it methodologically used
internationally recognized institutional sources (web-based
evidences) and scholarly literatures that enrich the entire analysis.
Technically, critical discourse analysis coupled with serious legal
review approach was utilized to demystify mishandlings of the
right to freedom of expression. At the end, active involvement of
citizens, from above and below; real reform of statutory laws and
serious supervision of international communities and actors are
recommended to optimize the status and treatment of freedom of
expression in contemporary Ethiopia
CAN TANZANIA ADEQUATELY FULFILL ITS PUBLIC HEALTH REGULATORY OBLIGATIONS ALONGSIDE BILATERAL INVESTMENT TREATIES OBLIGATIONS?
Get PDFIn recent years the world community has witnessed the lack of balancing
between the state duty to protect the foreign investors’ properties on one
hand and public health on the other. Arbitral tribunals which are
empowered to hear foreign investors’ claims against states have, on a
number of occasions, created dilemma as to whether foreign investors’
obligations are superior over non-investment obligations including public
health. Tribunals have failed to create a balance between these interests.
This article argues that a host state has the duty to ensure that foreign
investors’ lives and property are protected as much as it has the
obligation to ensure that public health is not compromised at the expense
of attracting foreign investments. It is submitted further that these two
obligations are parallel and need to be addressed simultaneously. It is
concluded in this paper that the current investor – state tribunals trend of
giving foreign investors’ interests a priority over public health is wrong
and there is a need for the tribunals to balance these two conflicting state
obligations
THE PLACE OF PUBLIC INTEREST LITIGATION IN THE ETHIOPIAN LEGAL SYSTEM WITH A PARTICULAR REFERENCE TO THE CHARITIES AND SOCIETIES PROCLAMATION
Get PDFPublic Interest Litigation is an evolving human rights activism which
primarily aims at the realization of access to justice to the voiceless
groups of a society. It is a mechanism of realizing access to justice,
inter alia, to the voiceless groups living, in particular, in less
developed and developing states which include Ethiopia. This study
aims at assessing whether Public Interest Litigation has been given a
deserving place under the Ethiopian legal system with a special focus
on the charities and societies proclamation. It also briefly addresses
the experiences of some states which could lend Ethiopia a good
lesson on the accommodation and practice of Public Interest
litigation. The study concludes that Public Interest Litigation is
severely restricted under the Ethiopian legal system, particularly, with
the coming into force of the Charities and societies proclamation. It,
thus, recommends for the re-consideration of the Ethiopian legal
regimes for the proper accommodation and practice of Public Interest
Litigation
FROM CAVEAT EMPTOR TOCAVEAT VENDITOR- AN ASSESSMENT OF CONFORMITY OF GOODS TO A CONTRACT OF SALE UNDER THE OHADA UNIFORM ACT ON GENERAL COMMERCIAL LAW: A CONTRACT LAW PERSPECTIVE
Get PDFThis paper is concerned with an assessment of the seller’s duty of
conformity under a contract of sale in the OHADA Uniform Act on
General Commercial Law from a contract law perspective. It posit
that conformity is not an independent legal concept and so in this
regard it argues that, a thorough assessment cannot be done
without recognising and taking into consideration a number of
contract law principles and competing common law maxims of
caveat emptor and caveat venditor. Thus, from a cursory reading of
the Uniform Act, the question of conformity of goods can
conveniently be addressed from a number of different angles:
contract law and the principles of caveat venditor and caveat
emptor. Adopting an in depth content analysis and critical
evaluation of primary and secondary data, the paper concludes that
a balance should be struck between these two principles and where
no guidance is given in Article 255, the prevailing norm in the
Member State should form the basis for determining the concept of
conformity of goods
DEBATE BETWEEN POVERTY AND DEVELOPMENT FROM THE RIGHTS BASED PERSPECTIVE: A CRITIQUE OF THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT 2005 EXPERIENCE IN RURAL INDIA
Get PDFThe Mahatma Gandhi National Rural Employment Guarantee Act
2005 (MGNREGA) was a legislative initiative to tackle the growing
incidence of poverty in rural India post economic liberalization by
means of employment generation and assets creation. The legislative
framework was based on the rights-based approach (RBA) to
development and guaranteed 100 days of employment to every rural
household. After nine years of implementation a large number of
reports dealing with different aspects of implementation of this law
and the schemes framed thereunder have revealed several
shortcomings which has questioned the sustainability of the rights
based legislative model as an effective tool of empowerment for the
rural community. In this paper the researcher revisits the debate
between poverty and development from the rights based perspective
and analyzes the MGNREGA from the lens of empowerment and
accountability which are the two core pillars of RBA
CRITICAL ANALYSIS ON TAX EVASION PRACTICES ADOPTED BY MNCs WITH SPECIAL REFERENCE TO VODAFONE CASE
Get PDFInvestment by multinational companies is important for the world
economy and it does contribute for the development of countries.
Multinational Corporation plays an important role in investment
process. In this article authors have given a great emphasize on
how the liberalization was adopted by India and how it has helped
the country in its development. On the other hand authors have
taken a serious view regarding this development that how evil
activates of MNCs have increased. Authors have thrown a light on
the evil activates like tax evasion, and also discussed about the
GAAR and Shome Committee, which talks about the Tax evasion.
Authors have also analyzed OECD guidelines which are
contributing in the development of tax policies. A Specific
reference has been made to the judicial scrutiny in the Vodafone
Judgment while dealing with the article
AN AUSTRALIA-INDIA FTA: BACKGROUND AND PROSPECTS
Get PDFAustralia and India have both negotiated a series of comprehensive
free trade agreements and are in the process of discussions to
conclude a comprehensive economic cooperation agreement seeking
to liberalise trade in goods, services, investment and other trade
facilitation measures. Reports on the negotiation rounds undertaken
to date suggest slow progress in the exchange and discussion of offers,
with consultations reportedly only at the exploratory stage until the
announcement by leaders in late 2014 that they desired an early
conclusion of the proposed trade agreement. The path to an
Australia-India FTA has largely followed the route of other major
economies, which have increasingly turned to bilateral arrangements
to create favourable trade and investment opportunities, in light of the
lack of progress in the Doha Round of World Trade Organization
negotiations. With negotiations now apparently being ramped up in
accordance with the direction of the Australian and Indian Prime
Ministers, this paper reviews the history of trade liberalisation and
existing FTA outcomes achieved by Australia and India. Finally, it
seeks to highlight some of the benefits that may accrue from an
agreement and reflects on the potential obstacles to the conclusion of
negotiations