Law Review

October'22


The IUP Law Review

ISSN: 2231-3095

A 'peer reviewed' journal indexed on Cabell's Directory, and also distributed by EBSCO and Proquest Database

It is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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Focus Areas
  • International Business Law
  • Corporate and Securities Law
  • Banking Law
  • Insurance Law
  • Cyber Law
  • Environmental Law
  • Alternative Dispute Resolution
  • Healthcare Law
  • Employment Law
  • Intellectual Property Rights
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Article   Price (₹) Buy
Independence of Judiciary in India and US: A Comparative Analysis
50
Rethinking Multilateral Environmental Agreements to Tackle Climate Emergency
50
Registration of Sound and Shape Marks as Non-Conventional Trademarks: Requirements and Challenges
50
Strengthening the Legal Framework for Space Exploration
50
     
Contents: (October 2022)

Independence of Judiciary in India and US: A Comparative Analysis
Dilip Sharma

Judiciary is one of the three important organs of the government. The independence of the judiciary is crucial for the performance of its functions without fear or favor. The independence of judiciary basically refers to non-interference from any other organ of the government restraining its function to deliver justice in a fair and impartial manner. However, it doesn't mean absence of any form of accountability. Montesquieu who propounded the idea of independence of judiciary majorly relied on the theory of separation of power to ensure an independent judicial system. Despite all the efforts, maintaining the judiciary free from all forms of bias is still a far-reaching dream. This paper examines the concept and importance of the independence of judiciary. The paper also highlights the various ways in which the independence of the judiciary can be curtailed. The paper further includes the interrelation between the doctrine of separation of powers and the concept of independence of the judiciary. The measures adopted by various constitutions, with special reference to the Indian and US constitutions, are also discussed and compared.


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Article Price : ₹ 50

Rethinking Multilateral Environmental Agreements to Tackle Climate Emergency
Narem VNSS Usha Amulya and Animi Poornima

The stakeholders of the United Nations Framework Convention on Climate Change (UNFCCC) have been unable to significantly increase their ambitious goal to address climate change. While making impressive progress, it is claimed that the UNFCCC is by no means alone in tackling this issue. Thus, multilateral environmental agreements (MEAs) are plausible in a way that supports the climate policy negotiations, considering the ongoing challenges of maintaining the climate system at safe levels. This paper explores how many global agencies beyond the UNFCCC have attempted to address climate change, although the results still do not look convincing. It also suggests how these organizations can improve to benefit climate change mitigation significantly. It further validates potential relations between these agencies and the UNFCCC system and explores the UNFCCC's obligation to ensure that the various mechanisms function in a complementary manner. The paper concludes that for tackling climate change, MEAs must be overseen by international law, rather than by states. At the same time, scientific truths, not political slogans, should drive decision-making.


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Article Price : ₹ 50

Registration of Sound and Shape Marks as Non-Conventional Trademarks: Requirements and Challenges
Aishwarya Vatsa

The trademarks of brands have become their identities; consumers identify brands by their marks. Thus, trademarks have become a key tool to denote a company's identity. A good trademark carries its own image and brand recognition, attaches a distinct face value to the products, and becomes the essence of competition. The modern Trademark Law reflects some novel developments as to the make and appearance of 'marks' themselves. The 'modern market' is in the busy process of inventing new products with 'specific odor' , 'special touch' and 'unique sound' in order to present more 'sensory' consumer goods to the 'modern customer'. Sound and shape marks are two evolving dimensions of non-conventional trademarks. Graphical representation and functionality pose a challenge in the registration of such marks. The paper aims at discussing the subject matter, registration, and possible challenges in the registration of sound and shape marks by analyzing Indian and contemporary laws.


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Article Price : ₹ 50

Strengthening the Legal Framework for Space Exploration
V Chaitanya Rao and V Vedika Rao

Since time immemorial, man has looked up at the stars with wonder and amazement. The ever-present questions surrounding this mystical realm have driven man to find ever more innovative ways to find relevant answers. In this quest, with the advancement of science and technology, humanity has taken giant leaps in space exploration. Here, the International Space Station is widely regarded as one of the greatest examples of international cooperation, though it has its roots in global conflicts. This was right after World War II, when tensions between the United States and then Soviet Union were high and the threat of nuclear war was an ominous possibility. However, the discovery of a new frontier for humankind was made when the Soviet Union, on October 4, 1957, launched Sputnik, the first artificial satellite to orbit the Earth, thus kicking off the space race. This had the effect of channelling a great deal of resources away from military preparation and towards research, and possibly saved the human race from another war. In this paper, we shall explore the opportunities that space holds for humankind, what threats it may bring, and how a balance between the two can be brought through well-designed laws and regulations.


© 2022 IUP. All Rights Reserved.

Article Price : ₹ 50