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International Journal of Private Law (3 papers in press)
Smart Cities: Technological Opportunities and Legal Challenges in Developing the Internet of Things for Public Goods by Alexandre Pacheco Da Silva, Rodrigo Moura Karolczak Abstract: . Keywords: .
Development of Liability Framework for Genetically Modified (GM) Food: Problems and Perspectives under International Law and Indian Law by Bala Shanmugam S.K., Subramanian S.R, Padmavati M Abstract: The introduction of GM foods in the world market has continued to raise public concerns touching upon, health, legal, social, ethical and environmental issues. Especially, the issue of contamination is considered as a significant threat at many stages of development of GM food. Moreover, contamination becomes an issue not only at the stage of import but also at the stage of internal distribution of products within the country. In this connection, the current study examines the extent of development of liability framework for GM food and derivatives both under the international law and under the Indian law. In particular, it analyses the existing set-up of liability framework in respect of GM food in India. Finally, it suggests that the Indian legislature must take into account the liability framework under either by way of amendment in the existing FSS Act, 2006, or by bringing in a dedicated law to deal with the potential harm in relation to GM food and derivatives. Keywords: liability and redress; contamination; India; FSS Act; 2006; genetically modified food; precautionary principle; product liability.
LAW & ECONOMIES OF ARBITRATION IN GLOBAL TAX POLICY: INDIAN PRACTICE by Amit Kumar Kashyap, Pranav Singh Rathore Abstract: Arbitration and other means of Alternate Dispute Resolution (ADR) Mechanisms have accumulated huge interest as a means for resolving the international taxation and other taxation related issues. There have been many instances in the past wherein a dispute settlement mechanism was proposed and implemented for resolving International tax disputes but such mechanisms were based on negotiations and were largely ineffective. A unified and global dispute settlement mechanism is very important considering the economics involved in International tax matters but many countries have objected to such unification by relying on aspects such as lack of expertise and sovereignty in tax matters. India has also been relying on the sovereignty stance which as per the author is misplaced and it will be in the best interest of India if such a stance is changed or modified as arbitration is merely a means to strengthen the MAP procedure, which is a mandate upon every nation. It is only when the dispute settlement process is strengthened, will any nation, including India, be able to attract the cross-border investment necessary for its overall growth. Keywords: Arbitration; Sovereignty and Mutual Agreement Procedure (MAP).