Month: January 2017
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Evaluating whether the MFN clause can expand the definitions in the BIT
The Most Favoured Nation (MFN) clause links investment agreements by ensuring that the parties to one treaty provide no less favourable a treatment to a nation than that provided under other treaties in areas covered by the clause.[1] It has often been linked as a tool of equality; however, the general consensus is that the…
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An Overview of Acid Attacks in India
“They try hard not to break down as they recall and narrate the most horrific time of their lives. The gruesomeness of the attacks has not numbed their memories. They remember every detail. They flirted seriously with death but chose to live instead. They tell you they dread looking into the mirror in the same…
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Legal education: From being a Barrister to Wakil to Lawyer
“If we desire respect for the law, we must first make the law respectable.” – Louis D. Brandeis Law is a very old prestigious field in the domain of education. Many freedom fighters of the country were from Legal fraternity. Mahatma Gandhi himself was a barrister who studied from South Africa. The first president of…
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FRAND Licensing: Bridging the gap between Competition Act and Patent Act
Telefonaktiebolaget LM Ericsson (Public) (in short “Ericsson”) is a company having around 33,000 patents, and 400 of these patents have been granted in India. Most of these are Standard Essential Patents in the field of Mobile Communications like 2G, 3G and 4G which are used in the smartphones and such other devices, which are used for…
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An Analysis of Restitution of Conjugal Rights
Marriage is union of endless supply of the life partners certain conjugal obligations and provides for each of them certain legitimate rights. The important ramifications of marriage are that parties will live respectively. Every companion is qualified for solace consortium of the other. So after the solemnisation of the marriage if either spouse has left…
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The Basic Structure doctrine goes global
The doctrine of basic structure is a judge-made doctrine which seeks to limit or curtail the power of the Parliament so that the basic structure of the basic law cannot be amended in the exercise of its constituent power under the Constitution of India. This blog post shall establish the comparison between India and the…