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COMPARATIVE ANALYSIS OF THE EFFECT OF MERGERS AND ACQUISITION ON STAKEHOLDERS: INDIA & USA
Get PDFMergers and Acquisition is the consolidation of companies or their major assets which is done to facilitate the growth of the company through market and product extension. This helps the company in reducing the competition and take benefits of economies of scale. Though these transactions can prove to be a great opportunity but at the same time they can have negative impacts on the stakeholders of the company. Many micro and macro factors are responsible for the effect of Mergers and Acquisitions on the stakeholders of the company which includes the take of the market when such news is first released, terms and conditions of such deal, the post and pre-integration formalities. This paper focuses on such impacts of Mergers and Acquisition transactions which can lead to losses for shareholders, employees, and government. This impact on shareholders varies depending upon the rules and regulations of a particular area guiding such transactions. It also varies as per the demand patterns of consumers, corporate governance policies as prescribed by the law, and the resource availability of companies in such areas. Hence, this article further compares the laws present in USA and India regarding Mergers and Acquisitions and the lacunas in their respective laws. It also covers suggestions for the introduction of certain USA provisions in the Indian statutes governing the rights of shareholders, employees, and government. USA being a developed country have mature laws on the subject of mergers and acquisition along with its anti-competitive laws present under the Sherman Act. This provides India a great opportunity to learn from such mature provisions and inculcate the required laws as per requirements which includes a more inclusive ownership structure by providing rights to minority shareholders. The article also mentions certain rules and regulations which provide a better stand to these shareholders in India than in the USA. Thus, praising the legislatures for forming such laws
Judicial Activism to Judicial Outburst: Contemporary Analysis of Indian Judicial System
Get PDFThe study critiques how judicial power has expanded, at times clashing with the doctrine of separation of powers enshrined in the Indian Constitution. It addresses the balance between judicial independence and accountability, highlighting concerns over the judiciary’s encroachment into the domains of the executive and legislature, thereby risking judicial imperialism. The paper also scrutinizes the use of contempt powers by the judiciary and questions whether they have been overextended. The authors raise concerns about how this shift toward activism and outburst might erode public confidence, as it appears disconnected from the original intent of judicial review. The discussion touches on landmark cases that have shaped this judicial evolution, illustrating how judicial activism, while sometimes necessary, can lead to judicial overreach. Ultimately, the paper argues for judicial self-restraint to preserve democratic principles and maintain the integrity of the judiciary in an evolving socio-political landscape
Victim justice - A paradigm shift in the criminal justice system in India' written by G S Bajpai and ShriyaGauba in 2016 with ISBN:978-93-84746- 68-1.
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AIRPORT DEVELOPMENT IN INDONESIA: QUO VADIS?
Get PDFIndonesia relies heavily on air transport in ensuring inter-island connectivity, especially in the areas of the execution of government functions, facilitation of trade, and even provision of health care services. With a population size of about 274 million, air transport is of prime importance, with transportation in 111 million passengers and 937,315 tons of cargo in the year 2023. The sector is under the management of InJourney, which manages 35 airports through the state-owned companies, Angkasa Pura I and II. However, challenges persist despite the existence of legal provisions on the formation of public-private partnerships (PPP) and the recent revision of the minimum requirements of 5 aeroplane fleets for airlines planning to open and operate in Indonesia to encourage foreign direct investment. New airport projects, like as Komodo Airport and Dhoho Airport, illustrate the use of PPP models in the improvement of facilities and infrastructure. With the further development of national airspace management legislation in Indonesia, great stress is placed on the facilitation of Public Private Partnerships, providing proper investor guarantees and development of comprehensive strategic airport location planning, which are important in terms of connecting the country better and enhancing its economic development.
PRIVATISATION AND THE LEGAL FUTURE OF SPACE MINING: 67TH COPUOS SESSION IN THE AGE OF ASTROFORGE
Get PDFAs the concept of commercial mining in space transitions into reality from theoretical discussions, the existing international legal framework is found inadequate. The Outer Space Treaty, being the Grund norm, provides several essential principles for space governance, which need to be adhered to to ensure orderly developments in space. Despite the strong reflection of the common rights regime in international space treaties, the failure to prohibit certain activities in explicit terms has resulted in varied interpretations of the provisions of space treaties. The permissibility of space mining by public or private entities and the claim of property rights over mined resources is one such domain of controversy. The last decade’s developments in domestic laws and international arrangements, like the Artemis Accords, have exemplified the concerns relating to space mining. The recent exchanges from the 67th session of the Committee on Peaceful Uses of Outer Space, focusing on the increasing necessity of a cohesive international framework, attain significance in this regard.
Keywords: AstroForge – COPUOS – Outer Space Treaty – Private Space Activity – Space Minin
EXPLORING THE POSSIBILITY OF AN INTERGERNATIONAL RIGHT TO RETURN TO EARTH
Get PDFIf human civilisation realises its grand ambitions to establish extraterrestrial human settlements on Mars in the not-so-distant future, how will human rights apply and be enforced? Rather than States, it is thought that space companies such as SpaceX, Blue Origin and the Sierra Nevada Corporation will be the first to establish extraterrestrial settlements. Rapid technological developments over the last decade mean that these ambitions are no longer science fiction. This article considers the scope of the right to freedom of movement in outer space, especially the right to return to Earth. Due to the perilous nature of the journey from Earth to Mars and the harsh environment in which the first settlements will be established, this article considers whether there are any legitimate and, indeed, permissible circumstances where the right to return to Earth will be restricted. The final part of this article will explore the possibility that future descendants of the first wave of settlers to Mars will have an intergenerational right to return to Earth despite having been born on the Red Planet. Keywords: Customary international law – Extraterrestrial settlement – Human rights – ICCPR - Own Countr
ENSURING ENFORCEMENT OF INTERNATIONAL MEDIATED SETTLEMENT AGREEMENTS- A SPOTLIGHT ON THE OPTIONS
Get PDFThe possibility for use of mediation to resolve disputes’ arising from international commercial relations by providing global enforceability of international mediated settlement agreements (IMSAs) is now considered a possibility, after the Singapore Convention has come into force. The Singapore Convention paves the path for enforceability of such IMSAs in all parties to the Convention much like the New York Convention (NYC) for international arbitration awards, raising hopes that it would popularise international mediation. The Singapore Convention is however not the sole path for enforcement of IMSAs and other options already available include enacting a domestic law based on the UNCITRAL Model Law on International Commercial Mediation, or even relying on independent domestic legislation delinked from either the Model Law or the Singapore Convention.
The article provides a comparative evaluation of key features of the three aforementioned paths which states could take to ensure enforceability of IMSAs with a view to identify the most acceptable path. It discusses the interlinkages between the three paths and possibility for their independent existence. The article concludes with an observation that to fulfil the target of harmonising the enforcement process, states will have to promote a standard procedure for formation and enforcement of IMSAs
Judicial Activism to Judicial Outburst: Contemporary Analysis of Indian Judicial System
Get PDFThe study critiques how judicial power has expanded, at times clashing with the doctrine of separation of powers enshrined in the Indian Constitution. It addresses the balance between judicial independence and accountability, highlighting concerns over the judiciary’s encroachment into the domains of the executive and legislature, thereby risking judicial imperialism. The paper also scrutinizes the use of contempt powers by the judiciary and questions whether they have been overextended. The authors raise concerns about how this shift toward activism and outburst might erode public confidence, as it appears disconnected from the original intent of judicial review. The discussion touches on landmark cases that have shaped this judicial evolution, illustrating how judicial activism, while sometimes necessary, can lead to judicial overreach. Ultimately, the paper argues for judicial self-restraint to preserve democratic principles and maintain the integrity of the judiciary in an evolving socio-political landscape
The Constructions of Familial Ideology, Patriarchy and Capitalism in Market
Get PDFWomen's participation in the employment sector is determined by various factors. The gender gap in the employmentsector is one of the major concerns rising from the private nature of women's care labour. This paper explores the various constructions of familial ideologies, interactions between capitalism and patriarchy which influences women'ssecondary position in the wage labour market. The paper also identifies how the definition work is inherently masculine and it controls the feminine space within the wage labour market. The author constructs a theoretical understanding of the productive labour and non- productive “care” labour of women within the domestic sphere. The final aim of the paper is to highlight the factors of women's poverty issues and suggest ways by which these issues can be addressed to
Development Of International Maritime within India, Bangladesh and Sri Lanka Law Post Torrey Canyon Incident
Get PDFMajor accidents world over led the international community to introspect and realise the dangers involving oil transport. Oil transport accounts for nearly a third of global maritime trade. Oil is transported quietly and safely but the world have witnessed fair share of incident involving oil spillage. Pollution of the sea by oil is a not a problem which can be treated as limited problem in geographical sense, rather it is a matter for concern at national, regional and international level due to the lethal effects oil spillage may have over marine environment. Today there are several international conventions in place to counter the challenged of oil pollution. In this article, we would reflect upon the development of international conventions with respect to marine oil pollution post Torrey Canyon Incident and how some of the South Asian reacted to the development of international conventions primarily focusing on Republic of India