Asia Pacific Law & Policy Review (APLPR) is an annual, peer-reviewed e-journal dedicated to exploring contemporary legal and policy issues across the Asia Pacific region. With ISSN: 2581-4095, APLPR provides an inclusive platform for the publication of research that addresses public policy, legal principles, and various aspects of law affecting Asia Pacific nations. The journal’s scope is broad, encompassing diverse legal and policy topics, without limitation to any specific subject matter. APLPR welcomes submissions from researchers worldwide, provided their work focuses on the law and public policy of Asia Pacific nations. The journal's mission is to promote scholarly research that contributes to the understanding and development of legal and policy frameworks in this dynamic region.
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A SOCIOLOGICAL STUDY ON THE STATUS OF INFRASTRUCTURE IN PAIKA PANCHAYAT, RANCHI DISTRICT, JHARKHAND, INDIA
Infrastructure is generally defined as the physical framework of facilities through which goods and services are provided to the public. The infrastructure sector covers a wide spectrum of services such as Transportation (including roadways, railways, airways and water transportation), Telecommunication, Water Supply, Sewage Disposal, Irrigation, Medical, Educational and other primary services. Some of these services have a direct impact on the working of a business enterprise, while others are more important from a societal point of view. It contributes to economic development by increasing productivity and by providing amenities that enhance the quality of life. The availability of adequate infrastructure facilities is imperative for the overall economic development of a country. Infrastructure adequacy helps determine success in diversifying production, expanding trade, coping with population growth, reducing poverty and improving environmental conditions. The relationship between each of the infrastructure sectors and the environment is complex. Infrastructure has got both the positive and negative effects on the individuals, society, economy and the natural environment. A good infrastructure in the form of improved transport can increase the productivity of worker through better management of time spent by them on nonproductive activities. Improvements in water supply and sanitation also can have positive impact on the health of the workers, thereby increasing their productivity. A better infrastructure in various forms helps the poor earning more for their livelihood and thus leading to reduction in poverty and inequality.
Copyright (c) 2018 https://creativecommons.org/licenses/by-nc-sa/4.0
CORPORATE GOVERNANCE IN INDIA – CHALLENGES AND SUGGESTIONS
Corporate governance is an amalgamation of rules, regulations, and by-laws through which the corporate entities are run, managed and controlled. The concept of corporate governance in India was prevailing from the 1960s but in terms of practical implementation, it still lags behind where India is witnessing various numbers of scams each year. This paper provides the meaning of the term corporate governance and also explains the significance of corporate governance. The paper makes an effort to identify the ways in which the principles of ethics can be balanced with the profit-making intentions of the companies. It also analyses the development and working of clause 49 of SEBI. The paper also explains the role of independent directors in the company’s success. The Indian model of corporate governance is one of the best corporate governance models around the world yet we see a various number of scams happening due to flawed application of its principles and policies. For e.g. Indian model of corporate governance gives a priority to the recognition of shareholder’s rights but in terms of implementation, it is seen that companies follow poor disclosure practices, lack of transparency, not prioritizing shareholder’s interest leading to scams and manipulation of public money. The paper puts forth the challenges in the Indian model of corporate governance and provides suggestions that might be implemented to bring ethical and transparent corporate governance in the country. This paper examines the relationship between the Tata - Mistry controversy and corporate governance principles. This is a qualitative research paper dealing with the concept of corporate governance in India.
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IP PROTECTION OF SOFTWARE AND SOFTWARE CONTRACTS: A STUDY IN INDIA
Technological advancement is actively pursued by most countries, including India. It can be attained if the intellectual property of authors is adequately protected. This is because protecting intellectual property encourages creativity and innovation. It further protects the economic interests of the authors of the software. However, India has recently been criticized for having substandard levels of protection of intellectual property. This paper emphasizes the importance of having stronger protection of Intellectual Property with respect to software and software contracts. Centred around the Indian scenario, this paper questions the adequacy of laws pertaining to substantial copying, fair use rights, rights of the author, and eligibility for patent protection. It examines the legality of software contracts and the bias present in license agreements. It also highlights the problems caused by the scattered nature of laws governing the issue. Firstly, the paper will first give a brief introduction to the topic at hand and lay out the problems being faced. Secondly, the problems will be analysed using case laws, studies, and expert opinions. Thirdly, the laws of various countries in this area shall be compared. Lastly, suggestions to improve the protection of intellectual property with respect to software and software contracts in India shall be laid out. These would include enactment of specific legislations relating particularly to the issue at hand, defining vague terms, and prescribing of concrete tests that judges can use to settle disputes. The author has concluded that the law relating to the scope of protection, rights afforded to the parties, and the legality of various kinds of protection is inadequate. India further lags behind other countries due to there being no specific requirement, test, or precedent to be followed. Therefore, the protection afforded to software is currently inadequate.
Copyright (c) 2019 https://creativecommons.org/licenses/by-nc-sa/4.0
PROTECTION AGAINST ANTI-COMPETITIVE AGREEMENTS AND TRADE POLICIES UNDER COMPETITION LAW IN INDIA
Competition Act 2002 has come into force to replace the Monopolies and Restrictive Trade Practices (MRTP) Act, 1969. After the economic reforms of 1990, it was felt that MRTP has become obsolete pertaining to international economic developments relating to competition law and there was a need of law which curbs monopolies and promotes competition. In 1990s India saw substantial increases in the value and volume of international trade in goods and services, in Foreign Direct Investments (FDI), and in cross border Mergers and Acquisitions (M&A). Competition Act is enacted to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.
The research paper focuses on the economic consequences of Goods and Services Tax (GST) personified newly in the Indian Tax structure. The paper also discusses the anticipated barriers and future predictions for GST. The Goods and Services Tax (GST) is a vast notion that simplifies the giant tax structure by supporting and augmenting the economic growth of a country. GST is a comprehensive tax levy on manufacturing, sale and consumption of goods and services at a national level. India’s historic and bold move towards integrated tax structure is viewed by most economists as an answer to regressive indirect tax structure. It is a comprehensive tax system that will subsume all indirect taxes of states and central governments and unified economy into a seamless national market. An important feature of GST is that products and services are equalized and are taxed at a fixed rate until customers access it within the supply chain. Therefore, tax reforms give equal rights to large and small businesses and taxpayers. Another important feature of India's GST rollout is that it is dual-based. In other words, both central and multiple government agencies will release GST separately. The central government will charge CGST and the state will charge SGST respectively. However, the tax, tax and taxation standards are the same. This is necessary in view of the federal structure of the government if governments are free to manage their own taxes at two levels. GST would help in lesser corruption and increased tax revenue. It contributes towards a better and improved economy with single taxation. The system will make it easier to identify the tax defaulters.
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MOB LYNCHING IN INDIA: A CRITICAL ANALYSIS OF LAW AND POLICY
The chapter of Human Rights has been a hot topic over the period of time not only in India but all across the globe. They are the minimum rights that are available to a human being right from the time when he is in the womb of his mother. These rights cannot be snatched or waived as it is impossible for a person to live without them. One example of Human Rights violation is ‘Mob Lynching’. It is a kind of ‘punishment’ in form of killing that is dictated by an unlawful assembly comprising of people with malafide intentions, upon a person, who is accused of committing a crime or anything like that. Supreme Court of India has termed it as ‘horrendous acts of mobocracy’ describing the injustice that is inflicted upon the sufferer. The research question in the article revolves around the state of mind of the culprits while committing these kinds of crimes and the sufficiency of laws governing those, including remedies that are prolific for stopping these aggressors. Research Methodology is doctrinal including the principles of applied and fundamental research. Literature review includes a perusal of articles written by authors mentioning their views in a profound manner.
Promoting ‘Responsible AI’ In India: A Sustainable Approach to Legal and Ethical Issues
The article examines the increasing adoption of Artificial Intelligence (AI) across various sectors in India, driven by its tech-savvy population and high internet penetration, while also noting the current absence of a specific AI regulatory framework. It critically assesses ethical concerns in the Indian context, compares regulatory approaches in other Asian countries, and evaluates India’s policies against the UN’s directives and ethical principles for AI regulation. The paper underscores the importance of responsible AI development and deployment, aligning with UN principles that prioritise human rights, safety, fairness, transparency, accountability, and human oversight. Furthermore, it examines the potential of AI to contribute to sustainability, referencing the UN Sustainable Development Goals (such as SDGs 9, 10 and 17), while also acknowledging the environmental impact of AI technologies. The article concludes by advocating for a robust AI framework in India that safeguards individual liberties and promotes societal well-being in line with global ethical standards, emphasizing the importance of international collaboration, public engagement, and a commitment to human rights.
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The Economic Challenges and Policies in Pakistan: A Critical Analysis
This comprehensive research paper provides an in-depth examination of the myriad economic challenges facing Pakistan and their profound impacts on the nation’s economy and population. It analyses the root causes behind issues like inflation, deficits, low investment in key sectors, and currency depreciation. The paper also extensively explores how political instability, corruption, and fundamental problems like unemployment, inequality, and inadequate healthcare/education systems have exacerbated Pakistan’s economic woes. Detailed discussion is provided on the consequences of these economic troubles on the population’s welfare, standard of living, poverty levels, social outcomes, and prosperity. Policy recommendations are presented to address macroeconomic imbalances, instill good governance, increase investments in human capital, and enact reforms to steer Pakistan towards a more stable and sustainable economic future.
Copyright (c) 2024 https://creativecommons.org/licenses/by-nc-sa/4.0
Beyond Populism: Judicial Checks on Local Elections in Maharashtra
This paper critically analyzes the politicization of panchayat elections in Maharashtra, focusing on legal methods employed by political parties to capture and maintain power. The analysis examines three primary tactics: (1) delaying elections through administrative excuses, (2) appointing incumbent panchayat members as administrators, and (3) interfering in the appointment of administrators through state legislation. These tactics undermine democratic principles, violate constitutional mandates, and create an unfair electoral playing field. Additionally, the paper discusses other factors contributing to the politicization of panchayat elections, such as booth capturing, vote buying, incitement of hatred, and lobbying by vested interest groups. By understanding these methods and their implications, policymakers and civil society organizations can work towards promoting free, fair, and democratic panchayat elections in Maharashtra.
Empowerment of Women through Law and Policies – A Critical Analysis
Women represent nearly half of the world’s population there are several laws which has been passed by the government to protect and empower women. Empowerment is the process of development through which an individual is more aware, politically active, economically productive and independent, control over the factors which affect life. The theory of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women but also enables the state to adopt measures of positive discrimination in favour of women. Even after so many laws both national and international the position of women is not so good, even now she faces all kinds of discrimination, dowry harassment, sexual crimes, acid attacks, domestic violence etc. This paper tries to analyse the reasons for the position of women when laws and policies are existing. Are laws and policies made for women not implemented properly? The methodology adopted for this paper is doctrinal in nature. The material for the study is secondary in nature.
Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-sa/4.0
Legal and Ethical Aspects of Telemedicine in India: Opportunities, Challenges, and the Road Ahead
Telemedicine is a rapidly growing field in India, offering numerous benefits, including improved access to healthcare, cost reductions, and improved patient outcomes. However, the legal aspects of telemedicine in India remain a complex area. This study delves into the legal and ethical aspects of telemedicine in India, elucidating the prevailing regulations, challenges, and potential opportunities. The current legal framework, including the Telemedicine Practice Guidelines, National Medical Commission Act, 2019, and the Information Technology Act, 2000, provides a regulatory scaffold for telemedicine practices. However, issues pertaining to patient privacy, data protection, liability, malpractice, and jurisdictional nuances pose significant legal challenges. Despite these concerns, telemedicine brings numerous opportunities, particularly through public-private partnerships, and the implementation of technologies like artificial intelligence and blockchain. Nevertheless, telemedicine also presents ethical conundrums, including equitable access, consent, and confidentiality that demand deliberate consideration. To harness the full potential of telemedicine, the study proposes recommendations, encompassing comprehensive data protection policies, stringent malpractice laws, and inclusive technology-driven solutions. The paper underscores the necessity of creating a robust, ethical, and legal framework that could revolutionize healthcare delivery in India, rendering it more accessible and efficient.
Women and Gender Equality: An Illusion or Reality
All through the history of women gender disparity was a part of the commanded society. The prime problems faced by the women around the world are primarily the problem of the whole countries. The vast majority of the politicians considered as the well-wishers of the public never felt an opportunity to talk about the concern and responsibility in giving priority to the empowerment of women. This article highlights the need to have gender equality and is concerned with the recent two happenings. The first deals with the landmark verdict of the Supreme Court where Court granted permanent Commission to women in armed forces after very long battle in the court room. The Second deals with crisis of COVID-19 which has deteriorated the conditions of women and made them to face intimate terrorism during COVID-19 crisis.
An Overview of Environmental Laws and Policies for Sustainable Human Life
The paper explores the significance of law and legislative policies in safeguarding the environment and promoting a suitable human life. The environment plays a vital role in sustaining life on Earth, and its protection is crucial for present and future generations. Governments worldwide have recognized the need for comprehensive legal frameworks and policies to address environmental challenges effectively. This article examines various international, national, and regional laws and legislative initiatives aimed at protecting the environment, conserving natural resources, and mitigating the adverse impacts of human activities. The study also highlights the importance of interdisciplinary approaches, stakeholder engagement, and enforcement mechanisms in ensuring the effectiveness of environmental laws. By analyzing case studies and examples, the article demonstrates the positive impact of robust legislation in creating a sustainable environment conducive to human well-being.
Climate Justice and Human Rights in the SAARC Region: Flooring the Route Towards a Sustainable Future
The effects of climate change become more apparent in South Asian Association for Regional Cooperation (SAARC) region, which has significant problems in protecting human rights and guaranteeing climate justice for all its residents. This research article digs into the essential relationship between climate change and human rights in the SAARC region, highlighting the vulnerabilities of marginalised groups. This work also focuses on the urgent need for a climate justice framework by analysing the impact of climate change on human rights domains such as life, health, food, water, and shelter. Investigations are based on the theoretical foundations of climate justice and the ethical and legal consequences of human rights protection. The Central University of Punjab Library provided this work’s study materials and online resources. The authors and institutions whose works were used as guiding resources in this research article have been given appropriate weightage.
Constructing Ideological and Political Objectives in Law Courses: Taking the Business Law Course as an Example
The ideological and political education in the law course is an effective integration of ideological and political education and the professional field of law education, and it is the specific manifestation of the ideological and political education in the field of law. This paper first sorts out the connotation and objectives of the ideological and political education in the law course, and based on this, takes the business law course as an example to design and explore the ideological and political education in the course, in order to provide some ideas for the ideological and political education in the law course.
The Economic Impact of Patent Law in Pharmaceutical Industry: Issue, Challenges and Benefits
The pharmaceutical industry occupies an unusually prominent position in discussions of IP policy and has been at the center of both domestic and international disputes over the interplay between IPRs, R&D incentives, price, and patient access. Despite the fervour of debate surrounding some key issues, there is comparatively little actual data to guide policy-making. This article reviews the empirical literature on intellectual property and pharmaceuticals, analyses methodological issues and important data sources, and outlines some of the most important research questions and knowledge gaps.
The Human Rights System under the Auspices of the African Union (AU) for the Protection of Women’s Rights in Africa
In the bid for the African Union (AU) formerly referred to as the Organization of African Unity (OAU) to protect the fundamental human rights of the people of Africa, the African Regional human Rights system was established to address human rights issues that are peculiar to its people. The term human rights in the African context connotes freedom, dignity, equality and social justice as foundations in the struggle to assert the core values of human existence. In the recognition of the concept of human rights in Africa, every African country has enshrined human rights in their constitutions; the inter-governmental organization of African States and the African Union regards the realization of human rights as one of its objectives and principles. This article will describe the human rights structures created on a continental level in Africa and show the extent to which the African regional human rights system has impacted the promotion and protection of the women’s rights in Africa through African regional human rights instruments such as the African Charter which subsequently created the African commission, African Court on human rights and the women rights protocol (Maputo protocol). The Community Court of Justice (CCJ) of the Economic Community of West African States (ECOWAS Court) also adjudicates on human rights issues; it is the first human rights body to find violation of the African region’s women’s rights treaty.
Linking Food Safety and Community Health in India: A Thoughtful Concern
Consuming safe food has been proven up to par is critical to one’s health. Safe and Standard food is paramount for the individual health. Ensuring the same would make community health intact and make society life meaningful. The movements like ‘Pure Food’ in America and ‘Sahi Bhojan, behtar jeevan’ in India has laudable objectives to be achieved. However, the close scrutiny of consumer market and community awareness level creates doubts about the achievement of goals the government of India has dreamt for. The target may seem far off, but with everyone pulling their weight, it’s well within reach.
Trademark Disputes And Role Of Arbitration
Tangible assets have been considered an essential resource for the growth of a business and were given utmost importance all over the world. Until the time the importance of intangible assets came into existence. It took over a decade or two to realize the importance of intangible assets and ultimately it led to the development of intellectual property laws. Intellectual properties in simple terms reflect any property, which is created with the person’s intellect that is to say; through a person’s mind. Intellectual Properties include Trademarks, Copyrights, Patents, Trade Secrets etc… Trademarks are a form of intellectual property. Trademarks are marks, that business entities use to differentiate goods or services from other existing businesses in the market. These marks include any word, symbols, phrases or insignia. There can be trademarks as well as service marks. Trademarks are used for the purpose of goods and service marks are used for the services provided by the various business houses or entities. Trademark disputes are disputes involving disputes or rivalry between various trademarks Trademark Dispute can be of various types. Disputes in registration of a Trademark, licensing of a Trademark or Trademark infringement, cybersquatting or domain name dispute. Arbitration has extended its jurisdiction toward the resolution of disputes involving trademarks due to the considerable growth in the Intellectual Property Sector. Various countries across the globe, including India, have started working towards their Intellectual Properties and made various laws, which govern them. However, with the growth in Intellectual Property, there has also been a spike in the Disputes relating to these. “Arbitration- Mediation” resolution method has been an aid in the resolution of intellectual property disputes. Still, no hard and fast rules have been made to date. The introduction of arbitration in the resolution of trademark disputes or IPR disputes will be an aid in lessening the burden on courts.
Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
‘Boasting Law and Befuddled Justice” – Woman – A Lion in the Whelp
Human culture deserves attestation only when ‘homo sapiens’ are freed from his animal ancestry; and is accredited when the full humanity of women becomes the culture of masculine world. Cultural relativism disapproves of universal rights of women (including the girls) across the globe. Religious moralists numb the feministic power with the opium of eulogy and philosophical gentry embalm the bruises of woman with soothing sermons. Gone are days of tricks and tantrums. Women today are running fast on land, flying high in the sky and moving to Mars and Venus and diving deep into the oceans of societal hysteria for rekindling obsolete, odd and weird piety of morality which are also measured by gender. Right to be born is sermonized with religious rhetoric at the cost right to choose of victimized woman; despicable discrimination from cradle to the grave; denial of access to equality in education, nutrition and health; rubbing social need ruse for child marriages; exposure to sexual exploitation and demeaning by prostitution etc., have become the exclusive battle-field to bleed for justice with the association of impotent laws. When culture becomes vultures for vivacious woman, the need of the hour is to break the megalomania of patriarchal philosophy – to begin with snatching exactly half of the legislative power, executive empire and judicial jade; not through elusive reservation but by a claim of reparation. This article intends to highlight on the slow rectificatory tactics of governance in the application of ‘equality before law’ in all spheres of feminine life.
The Role of the ICC in Africa and the Inherent Tension under International Criminal Law
Africa has recently become embroiled in issues arising from the International Criminal Court (ICC). The African Union (AU) has also expressed concern about how the court is targeting African leaders and believes that the court is infringing on African states’ immunity and sovereignty. As a result, this paper seeks to expand on the ICC’s position and why its relationship with African leaders may remain strained in the future. Over centuries, the world has been at war with itself, and as a result, individuals and states have been accused of international crimes; these wars have given rise to international criminal tribunals to prosecute these individuals or government representatives, as the case may be. The roles of these tribunals and other courts will be discussed in this paper, as well as their contributions to the formation of the ICC in its complexities and, most importantly, its relationship with African countries. The International Criminal Court was established in 2002 as the first of its kind, with the mission of trying individuals accused of international crimes such as genocide, war crimes, crimes against humanity, and crimes of aggression. Since its inception, the court has been at odds with the African Union, prompting some African countries to withdraw their signatures as members of the court. Some other African countries that are still signatories have threatened to withdraw as well, seeing the world’s first permanent international court as an attack on the continent. Many African and non-African scholars have therefore wondered how the court’s relationship with Africa could be developed and how the ICC could be embraced by all as the true dispenser of justice. This paper would look at some data through primary sources like online reports, legal documents and, other literature that have dealt with the subject matter; critically x-raying the position of the AU and African countries in the context of justice and the ICC. This study will expose the negative reaction of African leaders that oppose the actions of the ICC with claims that the court has been politicized and designed to victimize African politicians. However, it is important to point out that some African politicians have used the court to haunt their political rivals, while few are of the opinion that it genuinely protects victims and punishes offenders of human rights.
The term ‘Privacy’ is derived from the Latin word ‘Privatus’ which means separated from the rest. Though it is a variable concept and varies with cultural or social context, but actually it means, the right to be left alone. The need for Privacy is to create a balance between individual and social interests, which is equally applicable to past, present and future society. In this sense, the necessity of Privacy was found in the dawn of human civilization. The idea of Privacy is as old as Biblical periods. Also, the growth and expansion of Privacy varied according to the variation in different stages of human civilization. Hence, the description of origin and history of Right to Privacy should proceed from the ancient period to the modern period. In fact, the idea of Privacy was originated in the animal society and gradually it has been incorporated into the human society. The idea of Privacy, which was originated in the animal society, has been adopted in the primitive human society, where the traces of it were first found. According to different Anthropological studies, the idea of Privacy varied in respect of different primitive societies. With the evolution of primitive society to ancient society and then gradually to modern society, the idea of Privacy has been developed to get its present shape. The root of Privacy and its protection is embedded in the history of human civilization, which is characterized specially by transformation of primitive society into modern society. The social transformation has increased both the physical and psychological opportunities for Privacy and also proved to be fruitful for conversion of these opportunities into choices of values in the context of socio-political reality. Social transformation is the responsible factor for changing nature of Privacy as well as the changing character of Privacy violations from primitive societies to modern societies.
Competition in Asia in the Algorithmic Era: Implications on Regulators and Consumer Welfare in Malaysia and India
Algorithms and Artificial Intelligence (AI) are key to success in the digital economy. The Algorithm supported by AI has transformed the decision-making process and disrupted all aspects of human life. The algorithm-generated marketing benefited Asian businesses plethora but, on the flip, has equally facilitated anti-competitive business practices and undermined their consumer welfare. The algorithms deployed have a far-reaching impact on the consumer markets. The algorithm fosters tacit collusion or abuse of dominance that alters the consumers’ choice and creates search bias favouring the dominant firm or its verticals. Cases reveal algorithm uses AI to collude prices resulting in different consumers being charged different amounts for the same goods or services, besides filtering their choice and causing unfair diversion of search pages in a manner affecting the competitor’s volume of business by either pushing down or pushing out. Meanwhile, the criteria for ranking the “relevant” results cannot be effectively proven. And the ways algorithms form market-based interaction between competitors inter se and consumers, to collude (or use of algorithms to drive out competition) unable to be ruled as the digital feature has posed a major challenge on the competition law application. The paper examines the legal-policy challenges in Asian shore by reference to India and Malaysian firstly, examining the challenges on the standard of analysis and evidence to prove algorithmic collusion, abuse, and dominance. Secondly, human-related liability or accountability on computers’ behaviour with reference to Grab, Amazon and Google, India. The discussion proposes intervention options with regard to advanced jurisdictions like the European Union to propose improvement.
Is Social Media an Easier way to Defame People? A Critical Study of Freedom of Speech in Digital India
Speech is God’s gift to mankind. Through speech a human conveys his thoughts, sentiments and feeling to others. Milton in his Aeropagitica says that without this freedom there can be no health in the moral and intellectual life of either the individual or the nation. That’s why a freedom of speech and expression is a natural right, which should be acquired by the birth but is available only to limited few in world context. Speech and expression plays a vital role in guaranteeing a person the liberty to do or not to do certain things it desires. It helps in development of nation from being a deficient democracy to a competent and accountable one. Almost the whole world has accepted it as basic right of the person. Freedom of speech & expression is not only a basic human right, but in most of the countries it is considered as the fundamental right of a person, without this the development of any person is not possible and if one is not able to develop oneself, one can’t give its contribution in the development of the country and world. By having this point in the mind Article 19, Freedom of Speech & expression was added in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The UDHR holds that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
International Covenant on Civil and Political Rights
ARTISANAL AND SMALL-SCALE GOLD AND DIAMOND MINING, WITH RELATIVE IMPACTS ON THE ENVIRONMENT IN THE FORESTED AREAS OF CAMEROON: A CRITICAL ANALYSIS
This paper is aimed at critically analysing the legal framework on the environmental impacts of artisanal and small-scale gold[i] and diamond mining in The Ngoyla-Mintom Forest Massif (NMF) and the Sangha Tri-National Park (TNS) Landscape[ii] located in Cameroon only. Small-scale mining includes enterprises or individuals that employ workers for mining, but generally still using manually-intensive methods, working with hand tools. However, studies in ASM indicates that the main impacts are: deforestation and land degradation; open pits causing human and animal traps and health hazards (including acting as mosquito breeding grounds due to stagnant water collection after being abandoned by the miners); mercury runoff from gold amalgamation; waste accumulation from inefficient extraction; dust and noise pollution; underground instability and long-term hazards.[iii] Realistically, are the existing laws and regulations governing ASM in Cameroon effectively implemented and complied with? This raises serious concern about the benefits that accrue to them from this age-old activity. Local miners in The Ngoyla-Mintom Forest (NMF) and the Sangha Tri-National Park (TNS) Landscape are generally not aware of the provisions in the mining code of 2016, the forestry law of 1994 and other affected laws. There is no doubt that with appropriate laws and policies, when duly implemented and complied with, ASM can protect our environment and improve the lives of those who are involved in this activity as while as those of the local communities.
Anatomizing The Situation Of North Macedonia In Reference To The Human Rights Violations And Configuring The Required Recommendations
Since the beginning of the Republic of North Macedonia, there have been marginalized groups. The LGBTI community, Roma, and women living in North Macedonia have faced various human rights violations for years, including a lack of representation or resources. While the government has attempted to address some of these violations and inequalities through policy, much remains to be addressed. The government must step forward, strengthen its legislation, and provide support to these groups. Roma has historically struggled in many states, with many peoples. The Roma in North Macedonia has experienced various discriminations and rights violations, easily summed up in a pipeline from segregated education to poor health. A step forward for the LGBTI community in North Macedonia, albeit rather complicated, has been the Law on Protection and Prevention of Discrimination. This law was proposed in 2019 to replace its predecessor with a more comprehensive version. It was the first law that explicitly prohibited discrimination based on sexual orientation or gender identity. This law passed but was quickly repealed, as it initially had not achieved the required majority to pass, amongst additional deliberation. Soon afterwards, Parliament was able to re-establish the law with the necessary majority. The lives of women in North Macedonia are not well protected despite the word of the law. Violence against women has been a prevalent issue and significant public health problem due to the negative impact it has on women’s health, causing physical and psychological damage. The government has taken action to prevent this violence and protect its victims.
Voluntary Remedy Proposals – Remedy To Combination Under Competition Act 2002
The Competition Act, 2002 (as amended), [the Act], pursues the idea of advanced competition laws and plans at promoting competition and safeguarding Indian markets against anti-competitive methods. The Act forbids anti-competitive deals, and exploitation of influential status and controls combinations (mergers and acquisitions) with a stance to make sure that there is no unfavourable impact on competition in India. The stipulations of the Act concerning the law/regulation of combinations have been implemented with effect from 1st June 2011[i]. Section 5 of the Act asserts that acquisitions, mergers, and amalgamations crossing specific assets or turnover levels/thresholds (collectively referred to as ‘combinations’) must be informed prior to the Competition Commission of India (CCI). Comprehensive stipulations on the management of notifications are covered in the Procedure regarding the Transaction of Business Relating to Combinations Regulations 2011, was last modified in October 2018 (the Combination Regulations).
Preliminary Study On The Right To Data Portability
Since the General Data Protection Regulation has been released in 2016, the right to data portability has been heatedly debated. As a new data right, the right to data portability is not accidentally emerged but is generated through the process of establishing the theory of data self-determination and the practice of number portability. This paper examined the right to data portability from three aspects: data, portability and rights, and after theoretical analysis, it revealed the essence of the right to data portability as well as its advantages and disadvantages. Combining with the current social situation in China, it concluded that it is immature to introduce the right to data portability to China at present and more studies on the internal mechanism of this right are needed.
Comparative Analysis Of Front Running Regulations In India And Singapore
Front running is basically trading of the stock or any other financial asset by an intermediary (broker) who already has advance knowledge of future transaction that is bound to affect the price of that stock or financial asset. Here the basic point is that brokers should not use the private information which they have regarding future transactions for their own personal advantage. Various judicial decisions have now included private individuals equally liable for prosecution at par with the intermediaries. Any gains on account of these transactions are illegal in Indian law and bound to attract punishment. This practice if allowed uncheck disturbs the level playing field and is against the principle of a fair business practice. In India Securities and Exchange Board of India (SEBI) has been authorized to investigate these offences and impose penalties on persons violating the law. Any dispute arising out of the orders passed by SEBI can be challenged by individuals in the Securities Appellate Tribunal (SAT).
Indigenous and Aboriginal Rights: An Analysis of Challenges to Free, Prior and Informed Consent amidst the Legal Politics of Canada
For decades, the Supreme Court of Canada has redefined Aboriginal law. However, claims that these reforms have only been for the benefit of Indigenous communities ignore the tendency of Canadian courts to reject fundamental categories of legal responsibility regarding Indigenous peoples. In order to clarify the promise and constraints of the newly forming regime of Indigenous participation rights, this research paper encourages intellectual and empirical cross-fertilization. The paper emphasises on moral questions and challenges that extend far the bounds of legislation of Canada while drawing their ideas from the Canadian context. Contributions that exist comparatively reinforce the many parallels that exist across the Americas in discussions on free, prior and informed consent and the difficulties that Indigenous peoples have in implementing the policy into practice. When it comes to Indigenous rights law, Canada is developing more quickly than most other nations. In accordance with the obligation to consult framework, consultation is necessary before making important decisions that might have an impact on still-controversial Aboriginal and treaty rights. A made-in-Canada strategy for Free prior and informed consent adoption in Canada requires further work. But there is cause for optimism given the nation’s recent track record. The paper subsequently refutes claims about Free, prior and informed consent that have emerged in various industries, and it raises additional issues that highlight some of the difficulties in putting it into practise. The objective is to provide the foundation for a new strategy to Free, prior and informed consent that benefits Indigenous people, governments, and business.