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ANALYSIS OF THE AUSTRALIAN FEDERAL AND VICTORIAN ANTI-DISCRIMINATION LEGISLATION IN ACHIEVING THE PUBLIC POLICY GOAL OF SUBSTANTIVE EQUALITY
Get PDFAnti-discrimination laws in Australia have mostly remained consistent beyond the state of Victoria since the time they were legislated. The article seeks to decompose the evolution of Federal and Victorian Anti-Discrimination legislation and tries to reflect on the public policy goals of substantive equality through the lens of the Anti-Discrimination legislation. Subsequently, I attempt to examine the effect of the machinery in the Equal Opportunity Act 2010 (Vic) (‘EOA’) on advancing substantive equality and confronting systematic discrimination especially with respect to the state of Victoria although, the effect of other facets of this legislation have not been examined. Further, this article sheds light into the various problems associated with the enforceability of the anti-discrimination laws. Finally, an analysis on the current proposition of law with respect to the Federal government’s proposal in 2010 to review and consolidate the five federal Acts into a Statute through the Human Rights and Anti-Discrimination Bill 2012 has been undertaken
PRECAUTIONARY PRINCIPLE OF SUSTAINABLE DEVELOPMENT DURING COVID-19 PANDEMIC
Get PDFIndia, a democratic country, is promoting sustainable development through the "Precautionary principle" to promote better health and environmental decisions. This principle arises from the lack of indefinite scientific knowledge and uncertainty, making it a controversial debate in ecological management. The Covid-19 pandemic has highlighted the impact of the virus on the environment, with potential consequences due to deforestation and toxic genetic material introduction into the food chain. The "Rio Declaration" on Environment and Development outlines the principle as a core principle of environmental legislation. This research examines the principle's emergence in India and the inability to implement precautionary steps to address climate change. The research will explore the complex interaction between biodiversity loss, climate change, and increased pandemic incidence. The burden of proof shifts to lawmakers in determining a permissible vulnerability relation, with the key challenge being determining which criteria should use when scientific evidence partially establishes and considers stakeholders' best interests
Trend In Intellectual Property Generation And Disposal Of IP Applications
Get PDFIntellectual Property (IP) is assuming a greater importance with the rise of the knowledge economy. Technology and innovation are value drivers in the dynamic environment in this day and age. In the emerging knowledge economy worldwide the paradigms are shifting from physical to knowledge resources. Nature of the businesses is undergoing change on this count as increasingly the businesses are turning from being capital-intensive to knowledge-intensive. Thus, there is a pertinent need on the part of the enterprises to consciously manage the activities related to IP. With the emergence of knowledge economy and rapid technological changes, creation of IP is becoming indispensable for the modern day businesses, even for survival. In this backdrop, it is expected for a developing country like India to have in place a strong IP system to boost faster the socio-economic progress of the country through stimulation of innovation, research and creativity. GDP growth of a country through increased sectoral output. It facilitates knowledge-based industrial growth and creates favourable climate for technology transfer. A strong IP self-sufficiency especially in strategic sectors and thereby, it provides a competitive edge. Moreover, a strong and balanced IP system is one of the key means to support innovation and development objectives of a country. Hence, the present study made an attempt to explore the trend in IP generation and disposal of IP applications in India. Above all, the present study seeks to analyse the working of IP system in the country
EVALUATING THE RESPONSIBILITY OF ICAO TO TACKLE CLIMATE CHANGE
Get PDFThe current global governance frameworks, such as the UN Framework Convention on Climate Change and the Kyoto Protocol, fail to specifically address aviation emissions, resulting in a regulatory gap. The International Civil Aviation Organisation (ICAO), established under the Chicago Convention of 1944, is the primary body responsible for international aviation law, but has been inadequate in implementing comprehensive climate change strategies. While ICAO introduced the Carbon Offsetting Scheme for International Aviation in 2016, it faces criticism for its reliance on carbon offsetting rather than actual emission reductions and lacks robust legal backing. Additionally, Annex 16 of the Chicago Convention primarily focuses on noise and local air pollution, neglecting broader climate impacts from long-haul flights and aerodromes. To effectively mitigate aviation’s environmental footprint, the ICAO must adopt more proactive and comprehensive regulatory actions, drawing inspiration from successful frameworks like the Montreal Protocol. This includes applying climate principles such as the precautionary principle and Common but Differentiated Responsibilities, enhancing international cooperation, and redefining sector-specific responsibilities
FRATERNIZING THE ASPECTS OF ENVIRONMENT AND LAW OF SEA- AN INTERNATIONAL REGIME
Get PDFA customary standard is a pre-requisite in any field of international law similarly the law of sea has also been established by consonant, continuous and recurrent practice by the comity of nations. Under the auspices of UNCLOS III, 1982 which resolved the seabed mining issue, the situation of technological advancement, exploration and exploitation and other developmental regimes were gradually growing. The International Sea-Bed Authority was established to govern the Area which was beyond the national jurisdiction keeping in mind that the resources are common heritage of mankind. Several treaties on different topics contribute to the development of an integrated legal regime, such is the regime of seas under the Constitution of the Oceans. Ocean fertilization to combat climate change, ocean governance, exploration in order to find new pharmaceutical products and mining are few areas which challenges the regime of UNCLOS III. Environment remains to be vulnerable, instances of rise in sea-level, melting of polar ice-caps causing open water across Arctic, re-distribution of the sea stocks due to habitat change, coastal erosion, ocean acidification, changes in sea-surface temperatures are major challenges which the world community has to face in the contemporary times. Marine environment has been a concernsince1994 Agreement which provides for procedures and mechanism to ensure the protection of marine environment along with assessment of the probable environmental impacts from the exploration and exploitation activities. The evolutionary and dynamic nature of the activities in sea-bed area have high impact of creating disturbances in the marine life-cycle. The principle of conservation within the international legal framework that governs the domains of exploration and exploitation in the continental shelves is also creating an increasing insufficient twin goal of environment protection and sustainability and its ultimate focus on conservation in conjunction with economic trends on the metal-oriented economy, the concepts of ‘development’ and ‘sustainable human development are arching issues
INFRINGEMENT OF HUMAN RIGHTS OF THE SCHEDULE TRIBES IN INDIA
Get PDFThis article is about the human rights violation of the schedule tribes or the “indigenous people” of India. Moreover, in this article we have discussed regarding the increase in crime rate of the Tribals. The historical and theoretical aspects of the Tribals is brought into discussion for analytical study and then legislative provisions for them is discussed so that if possible new amendments could be considered. This article lays emphasis on restoration of rights of the Scheduled tribes by effective legislative, administrative and judicial mechanism so that the human rights of these people is not infringed and they can live their life in a dignified way with their heads held high
FUTURE OF BLOCK-CHAIN TECHNOLOGY: PERCEPTION OF NEW INVESTORS IN BHUBANESWAR
Get PDFThe current conversion of physical to digital world of transaction is the main reason behind the development or inception of Block-chain technology (BCT). It is having the force to change the way of business and transform Indian economy. Maximum current research related to block-chain is concentrating on its applicability on cryptocurrencies like bit-coin and very few are concentrating on the application of BCT on other field. BCT is popular currently because of its own unique features and most important one is it is not possible to imitate. The current study is revealing the current status as well as future scope of BCT with investor’s opinion on investment in cryptocurrency. For this the author has taken into consideration different literature to know the current status with future prospect of BCT and the study has also revealed the investor’s view point with respect to investing in cryptocurrencies. For this the author has taken into consideration only the response of potential or new investors of Bhubaneswar (Odisha, India) to know the level of understanding and acceptance of digital currency. Addition to this the study is also focusing on the future of Block-chain Technology (BCT) in coming days in India
A COMPARATIVE STUDY OF INDIAN UNORGANIZED AND ORGANIZED SECTOR WITH REFERENCE TO TEA PLANTATION WORKERS
Get PDFWith a population of over 130 million, India's economy has had both formal and informal sectors that have fueled economic growth so far. It is important to note that the term "formal economy" is used interchangeably with the term unorganized sector. One example of the informal sectors in India would be the tea industry and the workforce employed under it are unorganized or informal jobs and this industry, like others, has its own rights and protections. As part of the national level, the Constitution of India ensures that the rights of workers as citizens and workers of India are protected. According to the public policy principles of the directive, the state has the power to draft regulations that would ultimately protect the rights of citizens in the workplace. India, based not only on national laws but also on the basis of international treaty obligations, formulates policies and regulations to implement these conventions for the betterment of its citizens. It has been observed that India has largely ratified on the issues of minimum wages offered to informal workers. This study examines the unorganized sector in India in general and differentiates it from that of the organized sectors. It will specifically focus on the Indian tea plantation as an example of Indian unorganized sector and related laws and compare them with the existing scenarios of foreign unorganized sectors
CULTIVATING JUSTICE: A DEEP DIVE INTO RIGHTS AND PROTECTIONS FOR INDIAN FARMERS
Get PDFThe farmers play an essential role in a country, and their existence cannot be ignored. Famer is the backbone of the nation. India can country of agriculture, and most of the areas are rural. In developing countries like India, in the Farmer's occupation that is farming has not yet been considered as an industrial activity. It has been seen from the history that the Indian farmers impoverished the poor, and they even do not cultivate in their land, and for that, they suffered a lot. But the modernization period that is in the globalized world is giving new techniques for cultivation. However, this cultivation technique is not at par with challenges faced by the Farmer in this contemporary situation. NABARD had a significant role in improving the socio-economic status of the Farmer in our country. As a result of that, farmers are not getting benefits. Though the rights are available for the farmers, it is high time to think of or review their rights in the present context. As it is accepted in the IPR that farmers' rights are provided, here is the irony they are being deprived of their actual benefits. Hence to give that benefit to the farmers, the policymakers should re-think the legal mandates. This research paper provides an updated policy suggestion for the betterment of the farmers in this pandemic situation
GEOGRAPHICAL INDICATION AND CLIMATE CHANGE: A STUDY OF CHALLENGES AND OPPORTUNITIES IN SUSTAINABLE AGRICULTURE
Get PDFAgriculture, as we very well know, is totally based on the climate, focusing mainly on crop quality, yield and most importantly its geographical distribution all around. On the other hand, Geographical Indication [Hereinafter also referred as GI] basically defined as protection that are used for the protection originating from a specific area and attributes the quality of its origin. There are a lot of challenges that that climate changes bring forward for Geographical Indication Protection for the sustainable Agriculture. It is very noticeable that the increasing pace of climate change will definitely have a far-reaching impact on agro ecosystems and their productivity affecting the Geographical Protection too. Vide this article, the author attempts to explore the challenges and the possible opportunities that climate change provides to GIs protection for sustainable agriculture. The author will analyze the impact of climate change on agriculture production and will also focus on the need to protect GI as a tool for sustainable development. Further, the author will focus on how climate smart agriculture should be implemented to bring a positive impact for the benefits of GI and sustainable agriculture