This issue contains four papers. The first paper, “Avoidance of Contract for
Fundamental Breach Under the United Nations Convention on Contracts for
the International Sale of Goods, 1980”, by Mohammed Zaheeruddin, takes a close look at the CISG provisions and the decided case laws which indicate that the breach is fundamental or that should be determined based on the facts and circumstances of each case. The paper also refers to the obligations of the seller and the buyer and the other remedies available to the parties under the CISG. The author seeks to examine the law applicable to avoidance of contract on the grounds of ‘fundamental breach’ and explores the scope of ‘fundamental breach’ of contract as defined in UN CISG.
The second paper, “Corporate Crimes – Investigations and Adjudication:
A Snapshot” by Veena, focuses on the frauds committed by prominent employees involved in huge monetary manipulations of a corporate business. This paper highlights the current investigative practices and the legal issues that constrain or guide the investigating agencies under the various provisions of law. The author seeks to suggest that a serious in-depth investigation is to be undertaken to adjudicate and punish the true offenders. The author emphasizes that there is a need to strengthen the whistle blower mechanism to avoid the untoward frauds and crimes in the corporate world.
In the third paper, “The ‘Real’ Road to Informed Consent: A Future Perspective for Indian Law on Medical Consent”, the authors, K K Sunitha and Tabrez Ahmad, present a comparative study of the legal position on informed consent in the US, the UK and other commonwealth jurisdiction. The paper highlights the need for legal measures on medical consent in India, ensuring disclosure of information by the doctor. The authors outline that the need for informed consent is established by analyzing the current socio-legal status in the health sector in India. The authors focus on the need for strict regulations at all levels for disclosure of information before obtaining consent from the patient by the doctor.
The last paper, “Regional Procedures and Mechanisms for the Protection of Human Rights: A Detailed Analysis of the European State of Affairs in the Light of European Convention on Human Rights” by Sandeep Menon Nandakumar, attempts to address the issues concerning human rights at the regional level, especially in the European context. The paper examines the issues that are linked with religion, morality and privacy which are prone to various interpretations at different times in the light of the European Convention on Human Rights (ECHR). The paper also highlights the conflicting areas that exist between the European Court of Human Rights and the European Union Directives, especially in the context of right against self-incrimination and protection of asylum seekers. The paper also refers to the European Committee of Social Rights, European Social Charter and Charter of Fundamental Rights of the European Union and seeks to examine the working mechanism and procedures of the ECHR.
-- V Hemalatha Devi
Consulting Editor
