Sunday, January 29

Articles

Corporate Governance in India
Articles

Corporate Governance in India

Corporate Governance is concerned with regulating the corporate companies in an appropriate manner to ensure that there is perfect competition among them, and at the same time, they are doing their bit towards the society through Corporate Social Responsibility. Although corporate Governance existed for a long time, it started gaining more relevance and necessity after 1991, the year of LPG (Liberalization, Privatization, Globalization) reforms. After these reforms, hundreds of foreign companies and MNC's started to set up their branches in India and began to invest in India's market directly. To ensure that such companies do not exploit the situation of the economy and the labor market, setting up a regulatory framework became all the more important. Before the reforms, the primary leg...
Most Favored Nation (MFN) Principle of  World Trade Organization (WTO)
Articles

Most Favored Nation (MFN) Principle of World Trade Organization (WTO)

Under the WTO agreements, countries cannot usually discriminate between their trading partners. Grant someone a special favor (such as a lower customs duty rate for one of their products), and you have to do the same for all other WTO members. This principle is known as the most-favored-nation (MFN) treatment. To put it in the other way, a most-favored-nation (MFN) clause requires a country to provide any concessions, privileges, or immunities granted to one nation in a trade agreement to all other WTO member countries. Although most favored may sound like giving preferences to specific countries, it is completely the opposite. The principle of most-favored-nation can have exceptions as well. For example, a developed country can give developing countries special access to their markets,...
Anti-Dumping Laws in India
Articles

Anti-Dumping Laws in India

Anti-dumping tariff refers to the tariff on the imports of a particular country from whom goods are being obtained at a lower market price than the country of origin. Dumping or unloading happens when an exporter sells an item at a lower cost than the cost of being sold in the homegrown exporter market. Unloading is certifiably not a crime or illegal activity. Nonetheless, it should not make harm the homegrown market of the importing country. To secure their individual economies, numerous nations impose anti-dumping duties on items they accept, which are being unloaded in their public market. This is imposed because these items can undermine the country's local businesses and domestic economy. To ensure that dumping exercises don't influence the homegrown market, the Indian government h...
Intellectual Property Rights Dispute Between The United States of America and China
Articles

Intellectual Property Rights Dispute Between The United States of America and China

Being the two largest economies globally, China and USA have seen the most significant number of innovations, whether in technology, defence equipment, railways etc. Since China has taken inspiration mainly from the west for technological and military innovations, the USA has continuously accused China of stealing its innovations and technology and making their patents of such inventions. As a result of souring relation between the two countries, it has resulted in two new disputes in the World Trade Organization (WTO). In one case, the United States asserts that China has abused the WTO Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). In the second case, China argues that the United States one-sided measures against specific Chinese products (as countermeasures agai...
State action in the USA:  A Critical Analysis on Horizontality
Articles

State action in the USA: A Critical Analysis on Horizontality

The Supreme Court of the United States established the state action doctrine, which states that the US Constitution, in general, and its individual rights, in particular, apply solely to state action, not to private activity. All governmental activity, i.e., action by the executive, legislature, and judiciary at the federal and state levels, are considered state action; all non-government action is deemed to be private action. The practical consequence of the concept is that, no matter how tightly an activity is protected as a recognized individual right, it is not the same as a state's action. The horizontal application of constitutional rights has sparked great controversy and debates in the USA in recent years. There are several reasons for this. But the foremost causes are that sinc...
Structure of Judiciary in India
Articles

Structure of Judiciary in India

Introduction: India, being the second most populated country in the world, has a very strong judiciary system which is intrinsic to the structure of the courts and its hierarchy and the judicial system. This system provides living to a huge number of professionals attached with the system of the judiciary in different forms and thus serve the nation with the service. In this article, the structural pattern of the judiciary system will be explained with the hierarchical type of courts effectively take part in the judiciary system and the different personalities engaged in this profession to play different roles given to them. Because of the scale of the country, the judiciary system is planned as per the need of the citizen of India with the placement of courts as per status to serve ...
Assessment of Statutory Frameworks of Tribunals in India
Articles

Assessment of Statutory Frameworks of Tribunals in India

Introduction The term 'Tribunal' comes from the word 'Tribunes,' which meaning 'Magistrates of the Classical Roman Republic.' The tribunal is also known as the office of the 'Tribunes,' which was a Roman official throughout the monarchy and the republic whose purpose was to defend the plebeian citizen against arbitrary action by patrician magistrates. A tribunal, in general, is any person or entity with the ability to judge, adjudicate, or resolve claims or disputes - whether or not it is referred to as a tribunal in its title.[1] The term 'Tribunal' refers to an administrative body formed to carry out quasi-judicial functions. An Administrative Tribunal is neither a court nor a government agency. It is positioned between a Court and an administrative body. The necessities of the cir...
Virtual Courts a relief during the Pandemic
Articles

Virtual Courts a relief during the Pandemic

Introduction When the world took a hit from Covid19 for the first time on December 31 2019 and the countries were not prepared for a pandemic that could grow so severe that it will put people in their houses locked for months and that the medical condition of developed countries would not be able to handle the situation and it would get worse with passing time and affect the population, economy, government, and anything and everything all around the world. Even the judiciary was affected by this and the judiciary if was given a rest then the whole country would have been thrown to dogs as no one would be convicted and the ones wrongfully convicted wouldn’t get remedies or appeal to prove their innocence and if such situation would have prevailed then the population would have lost hope in...
The Status of Live-in relationships in India
Articles, Case Brief

The Status of Live-in relationships in India

Introduction The two sides of the same coin are law and society. One requires the other, and law cannot afford to remain stagnant in today's world. Since the beginning of time, the law has played an important role in shaping society through its rules and regulations. The history of the evolution of Hindu law demonstrates that the law was never static and has evolved throughout time in response to changing societal patterns. In the last few years, the Indian society has seen a significant shift in its social pattern; in response to the fast-changing globe, Indians are increasingly opening the doors of western culture to the concepts of premarital sex and live-in relationships. There is no formal regulation or set of norms in India that govern the issue of live-in relationships. In differ...
Women and Adultery
Articles

Women and Adultery

Background – The topic of ‘Adultery’, has been regarded as one of the most controversial topics in any given society, in any century, for a long time and the debate still persists whether committing adultery is a sin, or a crime or a civil wrong? A person commits adultery when he/she voluntary commits intercourse with any other person, while them being married to another person, i.e. extramarital affair and, as such, has been regarded amongst the heinous crimes, the punishment for such was severe in many cultures which involved torture, mutilation, capital punishment, mostly subjected to women perpetrator. Such severe punishment for adultery has been discontinued in many nations, predominantly in Western Countries, though an act of adultery is still viewed dis-favourably, considered...