Environmental impact assessment
ENVIRONMENTAL IMPACT ASSESSMENTS: RUBBER STAMPS? This Article Blog is written by Mansi Pal, University of Greater Noida, JIMS EMTEC, BA LLB 4th YEAR 7THSEMESTER. INTRODUCTION Environmental protection and economic development have historically existed in tension, particularly within developing economies such as India. To reconcile these competing interests, Environmental Impact Assessment (EIA) emerged as a preventive […]
From Policy to Practice: A Case Study on the Implementation of MGNREGA in Rural India”
Introduction The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA), enacted by the Parliament of India on 5th September 2005 and brought into effect from 2nd February 2006, is one of the most significant social security legislations in the history of independent India. It is based on the legislative competence conferred under Entry 23 […]
Equalisation Levy 2.0 on E-commerce Operators: Scope, Constitutionality, Overlap with Digital Services Taxes, and International Trade Disputes
Equalisation Levy 2.0 on E-commerce Operators: Scope, Constitutionality, Overlap with Digital Services Taxes, and International Trade Dispute Abstract The rapid expansion of the digital economy has significantly challenged traditional international tax principles, which largely depend on physical presence for taxing business profits. Multinational digital enterprises can generate substantial revenue from countries without maintaining a permanent […]
Provisional Measures before International Courts and Tribunals: Preventing Irreparable Harm Pending Final Judgment
Provisional Measures before International Courts and Tribunals: Preventing Irreparable Harm Pending Final Judgment I. Introduction In 2024, the International Court of Justice issued three separate provisional measures orders—on January 26, March 28, and May 24—in the case of South Africa v. Israel . This sequence drew intense global attention because it is exceptionally rare for […]
Liability of Personal Guarantors to Corporate Debtors Post-Supreme Court Rulings: Examining Co-Extensive Liability, Restructuring Impacts, and Parallel Proceedings under the Insolvency and Bankruptcy Code, 2016
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) has brought major changes to the way financial distress and insolvency are handled in India. Before the enactment of the IBC, insolvency proceedings were often delayed because different laws and forums dealt with various aspects of debt recovery. The IBC introduced a unified and time-bound process […]
Who Owns a Face? Celebrity Personality Rights in the Age of Generative AI
Who Owns a Face? Celebrity Personality Rights in the Age of Generative AI Evaluating Defamation, the Right of Publicity and IP Protection Under Common Law: An Indian and Comparative Perspective. By Sanjay Kumar Pilla | Topic: Intellectual Property Rights and Technology Law. Practice Area: Personality Rights, Media & Entertainment Law, Information Technology Law and […]
THE LIABILITY VACUUM IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF ACCOUNTABILITY FRAMEWORKS WITH SPECIAL REFERENCE TO INDIA
THE LIABILITY VACUUM IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF ACCOUNTABILITY FRAMEWORKS WITH SPECIAL REFERENCE TO INDIA ABSTRACT : Artificial intelligence systems have shattered the foundational assumption on which liability law rests: that identifiable human agency lies at the proximate end of every harmful act. As autonomous systems make consequential decisions through processes that are […]
The Margin of Appreciation Doctrine in Regional Human Rights Courts: Deference, Diversity and Universal Standards
I. Abstract Few legal doctrines split opinion inside the European Court of Human Rights quite like the margin of appreciation. At its core, the idea is deceptively simple: when a state restricts a Convention right for a reason the Court is willing to accept, the Court does not step into the state’s shoes and decide […]
Interim Measures in Arbitration: Comparing Section 9 (Courts) vs Section 17 (Tribunals) regarding strategic choice, enforcement speed, and post-award relief.
ABSTRACT Interim measures are critical to preserve the efficacy of arbitration. The Arbitration and Conciliation Act, 1996 provides two distinct statutory mechanisms for such relief: Section 9, which vests power in courts, and Section 17, which vests power in arbitral tribunals. The 2015 Amendment sought to minimize judicial intervention and promote party autonomy by making […]
How to File an Appeal Against a Civil Court Decree
How to File an Appeal Against a Civil Court Decree Procedure Under the Civil Procedure Code for Challenging an Arbitrary Discretionary Order Part I: Abstract / Introduction Judicial discretion occupies an uneasy position in civil procedure. It exists because no code can anticipate every configuration of fact a litigant will bring before a court, and […]