The Universal Declaration of Human Rights (1948) had recognized a set of rights as inalienable to mankind for the purpose of protecting human dignity and freedoms. Two of the most essential rights recognized by this Magna Carta of Human Rights are the right to freedom of speech and expression and the right to fair trial. […]
Introduction On 1st July 2012, the International Criminal Court (ICC)[i] celebrated its 10th anniversary, meanwhile it had even concluded its first ever review meeting of its statute – stock taking, which took place in Kampala, Uganda during 31st May to 11th June 2010.[ii] If we look into the work of the ICC during these 10
INTRODUCTION In contemporary international investment law, international arbitration has established itself as the main option through which foreign investors can pursue claims that they have against a host State resulting from an investment dispute. Provisions on investor–State dispute settlement (ISDS) are enshrined in almost all contemporary international investment agreements (IIAs)[i]. To provide in IIAs that
ROLE OF ADR IN INVESTOR-STATE DISPUTES Read More »
Setting the Stage Jurist is a word of lexical ambiguity evoking many a forensic imagery. Every lawman is well acquainted with this invisible yet omnipresent creature, very much like the reasonable man of the common law. Indian constitution gives due recognition to “jurist” under article 124 without defining it. But this has given rise to
Distinguished Jurist: A Tale of a Failed Constitutional Experiment Read More »
Introduction: Governance legitimizes the ‘state’ actions and duties as well as responsibilities of a ‘citizen’ in a given ‘state structure’. As per the law of the land ‘what is the entitlement of a citizen’, keeping in background the political history, socio-economic development, resources available with the government at that particular point of time, social structure,
Introduction Over the years there has been an increasing thrust on resolving disputes using alternate dispute resolution mechanisms in particular arbitration. This tremendous leap in its popularity could be attributed to its three defining characteristics – efficiency, cost effectiveness, and finality. For commercial transactions, arbitration became the ADR method of choice, with many nations passing
PUBLIC POLICY: ACHILLES HEEL OF INDIAN ARBITRATION Read More »
