Accession of the European Union to the European Convention of Human Rights

By Juš Černovšek, Lawyer, Slovenia.

The Court of Justice of the European Union has ruled that the draft agreement on the accession of the European Union to the European Convention on Human Rights (ECHR) is not compatible with EU law. The ruling deals a blow to efforts trying to make the Union accede to the ECHR as the Lisbon Treaty requires. So what does this mean for the process of accession and what would accession actually bring to the European Union? This article deals with this important question and also the main issues that stand in the way of the accession. (more…)

The Bloodied Mirror

By Debayan Roy, Kolkata

Legal Practitioner; Law Graduate, AKK New Law Academy, University of Pune (2009 – 2014)

Deciphering a few “why’s?” of the Charlie Hebdo attack……

Enough has been written, pondered upon and deliberated. Amidst the failing hope and aspirations of the French public rallying in huge numbers, it is indeed the perfect time to let open the Pandora’s Box of reasons and years of discrimination which has ultimately led to such a ghastly attack. Any attack in any form on human life cannot be justified under the garb of incitement. But it is necessary to apprehend growing tension before the volcano bursts out the lava. Few heavily armed gunmen storm the offices of Charlie Hebdo in Paris and painted the picture of bloodshed in a few hours, alas! They claim to have avenged the Prophet.   (more…)

The Sony Hack: An insult to the Fundamental Rights?

By Nikhil Nair,Vivekananda Institute of Professional Studies, New Delhi.

Though the fundamental rights of the people are to be respected, there are a few who are always trying to sling mud on those very rights for their own gains, the recent Sony hackings being an example of that. This downright ridiculous curb of the very freedom of speech and expression on an international scale has left many fuming and the others fearing. The hackings have been directly or indirectly linked to North Korea. Although North Korea has denied all its allegations regarding the hacks, there are concrete reasons which links these hackings to the North Koreans and that it whole heartedly supported this tragic curb of fundamental rights of the many. The hacks made the movie lovers fuming as people protested against such a curb. Hollywood actor, George Clooney was among a few celebrities who came out in full support against the suspension of the movie. (more…)

Legality of the use of Nuclear Weapons

By Chandan Mohanty, KIIT Law School, KIIT University, Bhubaneswar.

The human kind witnessed the destruction that a nuclear weapon can do in the historical attack on Hiroshima and Nagasaki by the United States during the closing period of the World War II. The effect of the attack was horrifying and may be this is the reason it has not been used ever since.

After the World War II United Nations (hereinafter UN) was formed and one of many things that concerned the UN was the legality of the use of nuclear weapon. (more…)

Injunction against OnePlus: A Critical Analysis

By Sagarika Chandel, KIIT School Of Law, Bhubaneswar.

A legal battle has been waging in India between one of the largest Indian mobile handsets company, Micromax Informatics ltd. and the Chinese smartphone start-up company Shenzen OnePlus Technology Co. ltd. over the rights to distribute the commercial version of the Android based open source operating system called ‘CyanogenMod’. The crux of the case lies in the fact that a U.S based company engaged in developing mobile software, one of which is Cyanogen entered into an exclusive use agreement with Micromax when it already had an agreement with OnePlus. To understand the case, it is necessary to delve into the agreements of the respective companies. (more…)

Protectionism instead of Facilitation, Indian Stand at WTO: How far justified?

By Sudipta Bhowmik, KIIT School Of Law, Bhubaneswar.

Behind the extremely technical debate within the WTO, what is at stake above all are models of agricultural development.[1] -Dr. Bruno Losch 

“Trade can be a powerful force for growth and poverty reduction. Countries that have increased the share of trade in their GDP have grown faster and reduced poverty more rapidly”[2]Nicholas Stern

INTRODUCTION

The establishment of World Trade Organization (WTO) is a drift towards globalization of world economy. Except agriculture, WTO advances its wing to every sector. Controversies and misconceptions are entangled with the issues of agriculture subsidy and trade facilitation, while developed countries like USA and EU have championed the cause of ‘free-trade’, on the other hand, developing countries like India have adhered to agricultural subsidies. India’s stand at Bali approved it again how agriculture subsidy is a burning issue for a developing country and it cannot be set aside as ‘evil’ at the cost of trade facilitation. Before WTO, eight trade negotiations were materialized by General Agreement on Trade and Tariffs(GATT) and in those rounds, developed countries steered the directions of trade and developing countries were ignored.[3] But, now the developing countries are demanding for revision of the agriculture policies taken by developed countries. (more…)