1.Conceptualising and Contextualising Natural Law – Dr. Deepa Kansra and Dr. Rabindra Kr. Pathak
The article deals with the idea of natural law. It has had different meanings for different people and continues to occupy intellectual engagements as to the connotations of the expression ‘natural law’ in diverse and differing contexts. This requires delving deep into the hoarypast and analysing the gradual development of the idea of natural law through the ages. Understanding natural law necessitates exploring its relation with positive law, its application, and, notably, the import of the word ‘natural’ in the expression ‘natural law’. Be that as it may, there is no denying the fact that there is an element of exclusivity about natural law that has kept it alive and going across generations. Even some of the jurists that adhered to the principles and tenets of legal positivism have shown an inclination towards the principles of natural law, especially as regards the relation between law and morality. It has survived the tests of time. The present paper seeks to explicate the various dimensions of natural law and explores its growth and application.
2. Ecocide: Re-Initiating the debate of Ecocentric vs Anthropocentric and Civil vs Criminal– Ridhi Agarwal
The article talks about the two major approaches to conceive the protection afforded to the environment; first the anthropocentric approach which conceptualises protection given to the environment in terms of consequently protecting humans. Secondly the article explores the Ecocentric approach which seeks to protect the environment for the sake of environment itself and not humans. The authors argue that a major issue with the conceptualisation of environmental laws is that differentiation between ecocentric and anthropocentric approaches is not made from a legal lens. Keeping in mind, the major goal of environm ental law i.e. to prevent environmental destruction by deterring the activities of exploitation, the paper conceptualises four approaches to environment law- ecocentric civil law, anthropocentric civil law; ecocentric criminal law, and anthropocentric criminal law. This analysis is put forward as useful for policy makers as well as judicial bodies to determine the nature of law vis-à-vis deterrence caused by the law.
3. Instituting an EEZ is anything but easy: Evolution of Maritime Disputes as a consequence of the Algerian Exclusive Economic Zone– Ahan Gadkari
The article discusses in depth the practical rationale behind Algeria creating an EEZ and the delay associated with the same. It also explores the notion of Mediterranean Specificity. Furthermore, this article lays down the importance of strategizing optimal energy security. In the last section, the article discusses the repercussions of Algeria’s exclusive economic zone – especially the reactions from Spain and Italy. The paper also discusses the possibility of dispute resolution amongst the States, before discussing the way forward.
4. My Reputation is My Reputation, none of Your Reputation: Unfurling Celebrity Rights– Nandini Biswas
It is morally and economically unfair when a third party uses their reputation without their consent. This paper attempts to bring together the evolution, aspects, reasons, jurisprudence, and legislations revolving around celebrity rights under one ink. The article analyses the notion of Celebrity rights as a bundle of rights that entail a person who has attained a celebrity status to a distinct “Identity”. The article also examines the right to privacy for these celebrities and hence discusses upon the concept of Celebrity Rights. Popular persons frequently find themselves in a soup where their name, picture, or other likeness are distorted or unauthorisedly used by a third party to promote their goods or services by capitalising on their reputation and making it look as if that particular celebrity is endorsing it.
5. ‘Relevant’, ‘International’ and ‘Standard’ under the Technical Barriers to Trade Agreement: Three sides of a golden triangle– Anshul Dalmia
The article talks about the absence of a definition in an international agreement to which several States are signatories, not only creates uncertainty but also prevents the effective implementation of the said Convention. The potential misuse of such broad and undermined clauses in international instruments tends to trouble the global legal community and plagues the regime. Through this paper, the author aims to navigate the jurisprudential underpinnings of the undefined term ‘relevant international standards’ in the Technical Barriers to Trade (‘TBT’) Agreement. In this backdrop, this paper attempts to bridle this unruly horse and contextualise the term using interpretative tools. The author concludes the paper by viewing the international standardising bodies through a critical lens and provides novel suggestions to accentuate the existing lacunae.
6. ‘Something new and Something borrowed’: Interplay of Fanfictions and copyright law in India– Sayan Dasgupta
The article deals with the legal status of fanfictions in relation to copywrite laws. The author also sheds light upon the existing predicaments about fanfiction plagiarism which is often overlooked. Similarly, there is currently no actual regulation of plagiarism in the fanfiction community other than the social pressure, such as online shame. The paper highlights the defenses available to a fanfiction author and the regime that may or may not afford protection of copywrite to the fanfiction based on several criterions.
7. The need for the recognition and enforcement of foreign custody orders in India in the context of International Parental Child Abduction– Prof (Dr.) Gulam Yazdani and Syed Mujtaba Athar
This article discusses the inherent problem concerning foreign custody jurisprudence. It highlights that despite enormous development at the international level, Indian laws remain unclear and uncertain with respect to the recognition and enforcement of foreign custody judgements. The article argues that the problem could be easily reconciled by the creation and implementation of rule-based norms informed by the considerations in the best interest of the child. Unfortunately, in the absence of constitutional and legislative guidelines, the judges have determined the cases using different methodologies resulting in contradictory conclusions. In addition, the ‘best interest of the child’ criterion is too broad to result in a rule-based determinant in child abduction cases. Conversely, it has instead limited the powers of the courts when utilised. International parental child abduction is a serious concern, and this article looks at the Indian and international laws that apply to the cases. In the background of such debates, this article attempts to shed light on the current impasse in foreign custody jurisprudence and suggests viable alternatives to the situation.
