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The WTO Security Exception and Its Impact on International Aviation Law
Get PDFIn the WTO regime, the national security exceptions, as provided under Article XXI of the General Agreement on Tariffs and Trade (GATT), Article XIV bis of the General Agreement on Trade in Services, (GATS), and Article 73 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), were intended to be a safety valve, to be used only in case of a threat to a nation’s ‘essential security interests’. However, after minimal invocation of the provisions in the seven decades of GATT-WTO era, since the 2010s, there has been an increasing trend of several nations invoking the same. The economic and trade ramifications of the same aside, such invocations and resultant measures also encroach upon the fundamental aspects of international aviation law. The regulatory framework established by the International Civil Aviation Organization (ICAO) under the Chicago convention is grounded in principles of safety, non-discrimination, and technical cooperation in the global airspace. However, without enforcement mechanisms, it has no recourse to mitigate economically and politically motivated aviation restrictions – a problem that is further exacerbated due to the institutional overlap and fragmentation between WTO and ICAO. Under this backdrop, this paper provides a detailed analysis of the points of overlap and conflict between the WTO and ICAO security-related principles using case studies of the Russia-Ukraine airspace bans and the Qatar blockade, and aims to provide ways forward from the same
A COMPARITIVE ANALYSIS OF MEDIATION ACTS IN SINGAPORE AND INDIA
Get PDFMediation, a mode of dispute resolution, enables parties to reach a settlement they often voluntarily abide by. However, parties occasionally fail to recognize and enforce the mediated settlement agreements. Consecutively, the dearth of an international cross-border framework to enforce the mediated settlement agreement has been levelled as the primary criticism. In the course of this paper, the author seeks to present a comparative analysis of the Mediation framework in Singapore and India. Firstly, the authors dissect the acclaimed Singapore Mediation Convention in light of cross-border disputes. Secondly, the paper analyses the key provisions of Singapore’s Mediation Act of 2017. Further, it strives to present a bird’s eye analysis of key provisions of India's newly implemented Mediation Act of 2023. Lastly, the authors present a comparative analysis of the Singapore Mediation Convention and the New York Convention in order to analyze the similarities, inconsistencies and the scope of seamless enforcement
A STUDY ON THE CONDITION OF FEMALE EMPLOYEES IN THE ORGANIZED SECTOR, FOCUSING ON SEXUAL HARASSMENT AT WORKPLACE
Get PDFIn this era ofcivilization, the empowerment of women is a very important matter of concern. Now- a- days theright to education for women becomes more accessible. As much as the women become educated, they engage themselves in different professional career to earn their livelihood and to become self-dependent. This study basically focuses on the women worker in organized sector, the most serious issue associated with these ladies i.e., the sexual harassment at their workplace the related laws in India with present contextThis research is based on doctrinal method based on secondary source mainly reports and data provided by National Commission on Women, Government of India. The data are collected by text book, journals, government reports and internet websites. According to result of the study voice against the sexual harassment at work place is raised by only a few groups of women workers but the maximum sections are remained silent due their vulnerable condition, poor background, fear of losing job and lack of awareness about the laws. In spite of laws available against sexual harassment at work place the numbers of cases are increasing day by day. Sexual harassment which is considered as one of the most serious crimes which is creating a adverse effect towards the work environment it is need to be addressed strictly otherwise the nation have to face an irreparable damage
NAVIGATING THE INTERSECTION OF AI, DATA PRIVACY, AND PERSONALITY RIGHTS: LEGAL AND ETHICAL CHALLENGES IN THE DIGITAL AGE
Get PDFThe rising personality rights and AI technologies challenge modern law as a framework. This massive emergence of AI technologies raises serious concerns regarding individual rights and the breach of legal integrity. This paper discusses in depth how AI infringes private life and publicity rights and focuses on the need for legal protection against the unauthorised use of personal identities. Understanding the AI consciousness, nature, personality, and liabilities is perceived by understanding this. While AI promises innovation, it also poses a severe legal threat that violates fundamental rights because of unclear laws governing AI. Monumental cases like DABUS have brought debates to light regarding whether AI can be recognised as an inventor. This data protection law has become outdated and requires a revised statutory provision regarding the capabilities of AI to process data and the right to privacy. The legal frameworks must be entirely revamped regarding publicity, personality, intellectual property, and privacy issues. The definition of artificial intelligence should be included in the statutory law. This paper proposes a harmonious and responsive system of law aligned with AI development to stimulate innovation and create robust protection of fundamental human rights. This balance will promote the responsible use of AI in increasingly automated societies
INDIGENOUS PEOPLE AND THEIRHUMAN RIGHTS: CREATING AN INCLUSIVE SOCIETY
Get PDF“Stephen Corry has aptly summarised the current plight of
Indigenous people across the world. This paper furthers this
argument by conducting a comparative case study of native
indigenous people located in different parts of Latin America,
Africa and Australia. The researcher attempts to etch out the
inherent rights that are being denied to them on a regular basis.
Moreover, the paper demonstrates the dubious legal and political
status granted to them post-colonization and with the advent of
globalization. To elaborate further, certain concerns regarding
participative democracy, modernization and territorial autonomy
have been addressed by the researcher and have been deliberately
highlighted so as to advance the efforts of inclusion and
participation of Indigenous people in society.
ABORTION: A PRO-LIFE AND PRO-CHOICE DEBATE
Get PDFAbortion is a controversial topic and discussed globally which includes tumultuous heated public debates through which the noisy argument is unfolding its views. Therefore, it becomes essential to analyse the abortion law which further include ‘right to choose one’s reproductive choices’ and ‘right to privacy.’ Medical advancements, rights of women, inter-generational gaps and zestful social thinking calls debate over abortion as the need of the hour. The notion of ‘social justice’ and ‘equality’ principles as enshrined in the preamble of the Constitution of India incorporate and integrate the rights of both men and women which includes the right of abortion. Thus, the debate on abortion can be recapitulated in two terms, Pro-life and Pro-choice. The proponents of Pro-life argued that human life begins at fertilization and consider abortion akin to murder; while the supporters of Pro-choice believed that women should be given her right to choose her reproductive choices and that right should not be restricted and governed by governmental or religious authority. Given this context, the objective of this paper is to understand and analyse the various contentious aspects of pro-life and pro-choice debate and unravel the implications it makes on the fundamental aspect of ‘liberty’ of an individual. This paper also pens down the jurisprudential aspect of ‘interest’ which is attached with the right to abortion. Finally, as an outcome of the discussion on moral and ethical elements of Indian abortion laws, the paper attempts to justify the contentions in favour of pro-choice notion of the law of abortion
CRYPTOCURRENCY IN INDIA: A CRITICAL ANALYSIS OF RISKS, OPPORTUNITIES, AND THE PATH TO A LEGAL FRAMEWORK
Get PDFCryptos have always had a chequered history, with Nation-states switching from their outright ban to taxing them and finally recognising them as legal tender in a short period. Today, with the recognition of select cryptocurrencies as ‘strategic reserves’, the cryptos have entered a transformative era wherein DeFi (Decentralised Financial System) is making way into TradFi (Traditional Financial System). This rapid proliferation and increasing investor interest in cryptocurrencies present a dual-edged sword for India. On one hand, they offer financial inclusion, technological innovation in fintech, and investment and economic growth. On the other hand, cryptos are synonymous with systemic volatility, cybersecurity vulnerabilities, consumer protection deficits, and the exacerbation of illicit financial flows, including money laundering and terror financing.
These multifaceted dimensions sit well in the unique socio-economic context of India. To address these, the present paper traces the evolution of cryptography technology in India and moves on to discuss the criticisms of cryptocurrencies from the perspective of volatility, security, transparency, intrinsic value, decentralisation, and percolation. Addressing these pressing issues, the paper draws a legal framework for legalising and integrating cryptocurrencies in India, taking insights from the approaches adopted by the United States, European Union, Japan, and other emerging economies. Ultimately, it highlights the key challenges associated with crypto adoption from a socio-environmental perspective. The discussions made in the paper are in furtherance of the Supreme Court’s observations in the case of Shailesh Babulal Bhatt v. State of Gujarat & Ors. 
NEIL RICHARDS, WHY PRIVACY MATTERS, (THE UNITED STATES OF AMERICA, OXFORD UNIVERSITY PRESS, 2021)
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A Critical Review of the Guidelines for the Long-Term Sustainability in Outer Space
No full textSustainability has been at the centre stage of United Nations discussions over the last two decades, however, it was always limited to its terrestrial understanding. The debate of extending sustainability to the outer space is a new development. From the rise of private actors, emergence of large constellations to the proliferation of space launches, the issues of regulating space equitably and sustainably have opened a new realm of debate. As a response to this growing furore, in 2019, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) adopted a set of 21 voluntary, non-binding Guidelines for the Long-term Sustainability of Outer Space Activities (LTS Guidelines). This article reviews the progress in the context of almost six years since the adoption of the LTS Guidelines. While it was an ambitious step towards ensuring responsible use of space, these guidelines face several limitations. The growing complexity of space governance, lack of enforceability, and limited national regulations have questioned the long-term compliance of the LTS guidelines. The article also delves into the challenges of the LTS guidelines with the rise of new soft norms like the Artemis Accords, which introduce parallel regulatory frameworks and create further fragmentation of sustainability norms