Law

Sovereignty is one of the four attributes of statehood. Earlier it was known as capacity of a government to enter into relations with other states. Sovereignty is at the core of international system. Therefore, in this paper the author seeks to trace the origin of the concept diving into the history. For this purpose the author takes into account the circumstances prevailing in Greek city-states, Rome city, Mourya Empire, Gupta Empire, feudal system, Holy Roman Empire, etc and the opinions of various jurists and thinkers have also been included and pondered upon so as to find out the contents of the concept. The paper reveals when the concept was recognised and who used the term ‘sovereignty’ for the first time and what type of power and freedom have been said to be its essential ingredients.

This article shows that right to vote is a recognized human right, under many international human rights instruments, that should be respected and ensured to citizens without any discrimination. It, after scrutinizing the election laws of Ethiopia via the mirror of the constitution and international human rights instruments, determines that the election laws of Ethiopia, which prohibit prisoners’ right to vote, are unconstitutional and recommends the Ethiopian government to reconcile it again.

 Disputes have existed in all cultures, religions, and societies since time immemorial, as long as humans have dwelt the earth. Nations, groups, and individuals have tried throughout history to manage conflicts in order to minimize the negative and undesirable effects that dispute may pose. Disputes can develop in any situation where people interact, in every situation where two or more persons, or groups of people, perceive that their interests are opposing, and that these interests cannot be met to the satisfaction of all the parties involved. The phrase dispute resolution is simply a collection of procedures intended to prevent, manage or resolve disputes and refers procedures ranging from negotiation to state sanctioned mechanisms called litigation. As volume of international economic transactions rise, resultant disputes require efficient and effective resolutions. There are many regional and international investment and commercial dispute resolution centers. By relying on secondary data sources and qualitative data description and analysis, this article firmly argues that Addis Ababa which is capital city of both Ethiopia and Africa has great prospect to become regional commercial and investment dispute resolution center. It suggests also that all concerned bodies should act to tap this opportunity.

A representative government is always understood as a limited government for the reason that the representatives are mere delegates under special orders. The Sovereignty in such forms of government lies with the people and is expressed in a Constitution, written or unwritten. India has adopted a representative form of government under a written Constitution operating as a limitation on governmental action. The framers of Indian Constitution came up with a written Constitution in order to ensure that there was some sort of rigidity in the Constitution. Also the power to amend was given to the Parliament under Article 368 in order to overcome the difficulties which may encounter in future in the working of the Constitution. However, the extent of flexibility embraced by a Constitution has to be balanced by a need to preserve its normative character as a higher law that restrains temporary parliamentary majorities of the nation. Article 368 of the Constitution does not prescribe any express limitation upon the parliament’s amending power, however the Supreme Court in Keshavananda Bharati v. State of Kerala (1973) declared that Article 368 did not enable parliament to alter the ‘Basic Structure or Framework’ of the Constitution. With the intention to preserve the original ideals of the Constitution, the Supreme Court pronounced that the Parliament could not distort, disfigure and mutilate the basic features of the Constitution which are sacrosanct to the ideals of the Indian society. The doctrine of Basic Structure is an expression of a much deeper notion of democracy where the sovereignty of the people in a republic is retained by the people even against its own representatives. Vigorously debated since its inception, the doctrine continues to be a central feature of recent institutional contests over Constitutional identity and change. This paper examines the development and the scope of the doctrine of basic structure as a Constitutional safeguard and its reflection in the jurisprudence of some other countries.

Digitisation had a profound effect on creation, reproduction and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented and additional legal protection against circumvention was needed. In response, law makers at both the international and national level have enacted legal provisions aimed at banning the act of circumvention of technological protection measures on the one hand and the production and dissemination of circumvention tools on the other hand. Prominent examples of such legislation, among others, are the WIPO Internet Treaties, the Digital Millennium Copyright Act, and the European Information Society Directive. The recently enacted 2012 Amendments have harmonized the Indian Copyright law with WIPO Internet Treaties with respect to legal protection of technological protection measures. Against this background, this article attempts to critical analyse the existing legal framework for protection of technological measures at national and international levels. It also stresses the need for international harmonisation of copyright law for its efficient enforcement in digital environment.

In this paper civil liability which is caused by traffic accident is studied in the view of Iranian law especially in Islamic penal law, civil liability law and compulsory insurance for vehicle owners. In this study it can be seen that Iranian law maker in Islamic penal law obey from fault theory and in compulsory insurance law they use risk theory for vehicle owners.

Distribution of AIDS in recent years and having not any treatment has can send the transition and infection of this disease to become a means of hurting people and committing crime .in case of death due to transition of HIV, the person who transmits HIV can be prosecuted for murder on the other hand, low number 206 of Islamic penal law knows one of committing a crime as when a murderer intentionally commits a murder type without aiming at killing the person .therefore, identifying the purposeful murder in these cases is based on the crime and conditions which a leg is later has considered for the type of murderous action. So, if transition of HIV brings death to the victim, it can be considered as an act of murderous type.

What happens after the crime of genocide, is the eradication of nation’s culture in all aspects such as: language and customs. The Kurds are the big victims of this policy. The cultural genocide of Kurds has been applied in Turkey in a widespread manner. Turkey during the years of their rule on Kurds put into destruction Kurdish culture and identity in different ways such as: prohibition of language and the ban of newspapers and books’ publication in Kurdish and etc…. Since, this article has considered actions called cultural genocide in Kurdistan of Turkey.

Post Enron, WorldCom & Tyco the world woke up to the need of good practices in corporate governance of public companies. Out of many recommendations made by the regulators, the cheapest and most effective is the provision for whistle blowing. This paper brings out the whistleblower policies prevalent in US Companies and Indian Companies and focuses on Indian Companies’ commitment towards the whistleblowers’ policy in their companies, in absence of mandatory regulations. The paper also attempts to bring out the philosophy best suited in designing whistleblower policy.

Hon’ble Supreme Court order for inclusion of NOTA has been welcomed by a larger section of the society who were questioning the relevancy and significance of democracy in India. This paper is an attempt to assess the impact of recently incorporated change in the EVM. The researcher on the basis of trends and existing no effect on outcome feel that recent changes and direction of supreme court will be futile exercise in terms of outcome in election process unless we will not affect the fate of candidates contesting and election outcome. Result of Madhya Pradesh Assembly is indicative of on the basis of those NOTA votes which are more than difference of winning candidate. If we include NOTA against the winning candidate what is the outcome. A serious thought are needed to redesign the consequence.