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Wetlands – Out on a Legal Limb
By Belinda Wright, Executive Director, Wildlife Protection Society of India Wetlands play a vital role in sustaining the environment, yet little is generally known about them and they are not adequately protected by the law. They are one of the most highly productive ecosystems on earth and the life support system for everyone who lives…
Right To Self Determination as International Rule of Law – Reality or Myth
By Wasiq Abass The preamble of the UNDHR (1948) states that, “It is essential, if man is not to be compelled to have recourse as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law”. principle that no one is above the law. The rule…
Maritime Lien
By Capt. A. K. Bansal In common law, a lien is right of creditor to retain properties of his debtor until the debt is paid. Maritime lien is a privileged claim on a ship for services rendered to her, or injuries caused by her. It is a proprietary lien on the “res” which is the…
Judicial Appointments Commission
By Rommel Khan and Harsh Anand With the introduction of the Judicial Appointment Commission, the Executive seems to have paced ahead of the Judiciary in their prolonged supremacy in appointing Judges of the High Courts and the Supreme Court. With the judgement in the last of the three Judges’ case the executive seemed to have…
Conciliation — A Unique Mode to Settle the Disputes
By Suresh Kumar, Assistant Professor, Himcapes School of Law, UNA (H.P.) Discourage litigation persuade your neighbour to compromise whenever you can. Point out to them how the normal winner is often a loser in fee, expenses, cost and time. — Abraham Lincoln The word ‘conciliation’ is derived from the Latin word ‘conciliate’, which means to…
Marriage vs. Living Together
By Anoop Bose Bernard Shaw once said that more nonsense has been uttered on the subject of marriage than on any other topic. Yet here I am, sticking my neck out to defend this institution at a time when living together is steadily becoming a truly global phenomenon, striking at the very roots of marriage.…
International Comity — As a Doctrine of Conflict of Laws
By Aakash Saxena International Comity It is a general rule that a sovereign has to follow its own rules and cannot go beyond what its laws are. But the rise of the concept of nation-state and, as a result of the nation-state concept, commercial and trading activities started between nations and this fragmentation brought about…
Force Majeure
By Capt. A. K. Bansal Term ‘Force Majeure’ refers to an irresistible force or an unforeseen event beyond the control of a party, making it materially impossible to fulfill a contractual obligation. It may be an overpowering force by itself, which prevents fulfillment of a contract and does not allow it to be performed the…
Judicial Lawmaking
By Richa Pandit The role of the judge in creating law in the process of adjudication is a subject of debate. According to Justice Cardozo “the theory of the older writers was that judge did not legislate at all. A pre-existing rule was there, imbedded, if concealed, in the body of customary law. All that…
Right To Legal Aid
By Nitin Lasta Law does not reside in vacuum. Its roots are there in the society. It is an established presumption that only change is constant and the society is not an exception to it. Law changes as the opinions, desires, interest and requirements of the people changes. Modern civilized States remain at its toes…