A COMPARATIVE ANALYSIS OF COMPETITION LAWS AMONG EU, JAPAN AND CHINA

ABSTRACT:

In recent years, many of the countries follow suit to implement competition law. Are there any differences with regards to the intention to implement competition law? Are they driven by similar lines of reasoning? Many of the previous research shed light on one or two countries reasons for implementing competition law. This article compares and contrasts the similarities and differences with regards to the major motives in implementing competition laws/antitrust laws. We first used content analysis to categorize the reasons for implementation of competition law. After that, the reasons mentioned by official websites and academic journals which lead to the implementation of competition laws in different countries like EU, Japan and China is done.

Authored by Rama Gandhi, NMIMS School Of Law.

How Law Regulates Sports- A Brief Analysis On International Sports Arbitration

ABSTRACT:

The sports industry is about more than just entertainment. Instead, it is an industry-created by intertwined partnerships with several separate groups, including players, sports organizations, federations, sports clubs, and so forth. Over the years, the sports market has expanded, and the modern world sports industry is predicted to expand in the next few years to over USD 100 billion. The Court of Arbitration for Sport in Switzerland has been forming the limits of international sports conflict resolution since its foundation. The number of cases taken to the CAS indicates that it works like a global leader in the arbitration of international sports. In addition, the fact that the acceptance of the CAS by the laws of major sports institutions has a considerable effect on the reputation of the CAS in international sports arbitration is unquestionable

Authored by Roudro Mukhopadhyay, OP Jindal University.

A BRIEF ANALYSIS ON HUMAN RIGHTS IN RELATION WITH INTERNATIONAL LAW

ABSTRACT:

For a long time immemorial international relations are regarded as a kind of playing field for states where the common human beings are subordinated to each state through social contract. IR are needed to understand the relations between states whether it may be conflictual or cooperative. After second world war the human rights have increased, also theses theories have provided some helpful incentives to study human rights. The role of human rights in international law is common just to achieve justice. It might seem quite difficult as nobody knows how justice is to achieved, what it is, if it is good enough to pursue etc. International Human Rights Law is basically state- centred. This is a problem in cross border such as transboundary environmental harm, and transnational surveillance, which is amended to human rights claims.

Authored by Swapna Sudha Sahoo, SOA Deemed To Be University, Bhubaneswar, Odisha.

A REPORT ON PROTECTION OF RIGHTS OF UNORGANISED LABOURERS IN INDIA

ABSTRACT:

As an unorganised worker play a pivotal role in society, so they need special attention. Most socially and economically deprived sections of the society are engaged in informal economic activities. The government realised the pivotal role performed by unorganised sector in the economy. Therefore, many legislations and schemes are initiated by the government for the benefit of unorganised workers. Further various social security measures provided by industrial units to their employees in the form of pension, provident fund and gratuity. Non-statutory benefits also provided to workers such as medical facilities, food, canteens etc

Authored by Preeti Selvam, St Rock College Of Law.

A Brief Overview On Stockholm Declaration

ABSTRACT:

The United Nations hosted the terribly first conference on the Human environment which took place in 1972 in Stockholm (Sweden), and formally it came to known be as the Stockholm Declaration of 1972. The conference was held for a basic common outlook on the way to address the challenge of preserving and enhancing the human surroundings. In 1968-1969, the general assembly determined to conduct the conference in Stockholm in 1972 on a worldwide level where all the countries might participate in. The main principle of the Stockholm declaration was “to function a sensible means that to encourage and to produce pointers to guard and improve the human surroundings and to remedy and stop its impairment”. The conference’s preparatory committee had worked on the declaration in 1971 with the actual drafting of the text allotted to an intergovernmental working party.

Authored by Mithannsh Jain, Christ University.

An Essay On Arbitration Agreement And Doctrine Of Separability

ABSTRACT:

The major argument against the doctrine of seperability is that it refutes the contractual approach to arbitration law. It has been criticized as it takes away the rights of the parties to move to court. Unfortunately, the effect of this doctrine is so wide that the practitioners fail to apply it in its limited context. Arbitration practitioners and scholars often venture out from its restricted context and apply it to generally separate the arbitration agreement from the carrier agreement. This has opened a Pandora’s box for habitual litigants to impede the determination of disputes. As a result of this, parties are burdened with mounting expenses, and the courts are also burdened with frivolous cases.

Authored by Divyanshi Gupta, Faculty of law, Lucknow University.

An Analysis On Merits And Demerits Of Contract Law

ABSTRACT:

Signing of contract means that all the parties have agreed to terms and conditions of the contract, their consent is  free,  hence they accept the legal obligation of the contract. The purpose of contract law is to draft comprehensive terms of agreement, parties obligation, etc. According to legal scholar Sir John William Salmond, a contract is “ an agreement creating and defining the obligations between two or more parties” For the formation of a contract the process of proposal or offer by one party and the acceptance thereof by the other is necessary. This generally involves the process of negotiation where the parties apply their minds make offer and acceptance and create a contract.

Authored by Abhay Singh, University of Lucknow.

IMPACT OF THE COVID- 19 PANDEMIC ON THIRD PARTY FUNDING AND SECURITY FOR COSTS IN INTERNATIONAL COMMERCIAL ARBITRATION

ABSTRACT:

The COVID- 19 pandemic has already created a great loss to the private companies along with the individuals in market company and society. This topic mainly focuses on two ideas- 1) whether the pandemic is an upturn to third party funding arrangements. 2) whether the arbitrating parties should take an initiative to expose themselves to applications of security regarding the costs in international commercial arbitration. COVID- 19 has no doubt created a big problem for the normal people of this country even the basic amenities are quite difficult for the poor people to arrange in such a pandemic situation.

Authored by Swapna Sudha Sahoo, Siksha ‘O’ Anusandhan (Deemed To Be University), SOA National Institute Of Law, Bhubaneswar, Odisha

CONTRACTUAL AND TORTIOUS LIABILITY FOR PROFESSIONAL NEGLIGENCE

ABSTRACT:

This  article analyses whether, and to what extent, the law permits a choice between finding liability in contract and in tort. The answer to this question is important because the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract or on a violation of a tortious duty.finding liability in tort is not precluded if the damage is caused by or related to the (non-) performance of a contractual obligation. This contribution traces the historical development of these approaches and explains their differences by looking at the underlying structure of these systems of private law. It also shows that the resoluteness of both solutions has softened over time, as a result of judicial and legislative interventions. To support this argument, recent developments in case law and legislation are discussed. In this article . Indeed , what this article ultimately seeks to achieve is evaluating the liability of contractual and tortious in professional negligence

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida

CROSS BORDER PARTNERSHIP AND COLLABORATION

ABSTRACT:

In this article, I am going to explain about what is cross border partnership and collaboration How does it works? What does it really imply? How to it is beneficial for other countries? About India’s Partnerships, if any. About the results of cross border partnerships in detail and rules regulations and procedure of it. I am also going to talk about the challenges faced by the country for it.

Authored by Pooja Heda, Kes Jayantilal H Patel College Of Law, Mumbai