Law Review

Jan'21


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
CheckOut
Article   Price (₹) Buy
Between Strict Legalism and Judicial Activism
50
The Curious Case of Cryptocurrency Trading in India: Regulatory and Taxation Challenges
50
Authorship of Copyrightable Works Created by Artificial Intelligence
50
Justice and Access to Healthcare: A Kaleidoscopic View
50
Sharing Transboundary Water Resources: A Critical Analysis of Shared Responsibility
50
     
Contents: (Jan 2021)

Between Strict Legalism and Judicial Activism
Osayd Awawda

In 1915, the Hon Sir Owen Dixon was sworn in as Chief Justice of Australia. On that occasion he said: "It may be that the court is thought to be excessively legalistic. I should be sorry to think that it is anything else. There is no safer guide to judicial decisions in great conflicts than a strict and complete legalism." In response, this paper argues that judges do not adhere to the Hon Sir Dixon's view that strict legalism is the safest guide for judges. The paper avers that judicial activism is currently the norm and there is no room for complete legalism in the modern state's judiciary. The paper explains the reasons behind the current drift from Hon Sir Dixon's view. Then, it demonstrates the current situation of judicial activism as the norm in the judicial practice, and lastly justifies the absence of a place for complete legalism in the modern state's judiciary.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

The Curious Case of Cryptocurrency Trading in India: Regulatory and Taxation Challenges
P Sree Sudha

Cryptocurrency is a digital representation of value that is not a legal tender. It is a digital asset, sometimes also referred to as a crypto asset that works as a medium of exchange for goods and services between the parties who agree to use it. Strong encryption techniques are used to control how units of cryptocurrency are created and to verify transactions. Cryptocurrencies generally operate independently of a central bank, central authority or government. India ranks among the top five countries of the world from the perspective of share of currency held, which is at 44% of the world's share. Since the regulatory framework regarding cryptocurrencies in India is uncertain, this paper analyzes the taxation (or non-taxation) by considering them as goods and currency, and the major approaches currently prevalent across the world. The focus of this paper is to explain the legal aspects relating to cryptocurrencies and blockchain.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

Authorship of Copyrightable Works Created by Artificial Intelligence
S Suganya and E Prema

Work created by Artificial Intelligence (AI) is indistinguishable from work made by human beings. However, current copyright law does not take the works by non-humans into account. So far, the copyright law has not provided any clear answer or even guidelines as to who should be deemed as the author and owner of works generated by AI. This situation is dangerous for the AI industry. Due to lack of legal certainty, companies and natural persons can be demotivated and stop investing monetary and creative efforts in the development of AI systems. This, in turn, could disrupt the progress in the area of AI's application. This paper discusses whether automatically created work can be protected by copyright and also discusses ownership in different scenarios. It argues that giving authorship to AI is essential for future advancement of the intellectual property industry. This can in many ways affect the application of intellectual property and copyright law.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

Justice and Access to Healthcare: A Kaleidoscopic View
S M Aamir Ali and Anuttama Ghose

In this era of globalization, there is rampant inequality in access to healthcare around the world, because of which justice at the global level looks utopian. The objective of this paper is to evaluate various global justice perspectives through various philosophical approaches and to analyze the situations in which intellectual property could lead to restriction of right to health. The study is limited to global justice perspectives within three theories or philosophies, i.e., egalitarian, communitarian and Rawls difference principle. Through this paper, the author attempts to answer a few general research questions and a few specific research questions. The general research questions are: What are the philosophical foundations upon which the global justice to health can be based? What are the rights and interests, liabilities and duties of the global north? And what are some global justice perspectives which give basis to universal availability of right to health? And the specific research questions are: Who are the important stakeholders or constituents in the process at the international level? Do patents on pharmaceuticals act as an impediment to the realization of human right to health? Does evergreening of patents impact accessibility to healthcare and essential medicines?


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

Sharing Transboundary Water Resources: A Critical Analysis of Shared Responsibility
Masood Ahmad and Heena Praveen

Fresh water is extremely important and vital for human existence and for the sustainability of earth. Till date, there is no known substitute for freshwater. With water, humans have emotional ties, whether it is with respect to nature, soil, health, religious sanctity, productivity or for any other reasons. Earlier, water had no price excluding the extracting charges, cost for purifying and then ultimately using it. But in the last one decade or so, water has increasingly acquired a price as a commodity in the market and is subject to international trade. This paper focuses on the need for collective effort to be made by the international community for preservation and restoration of water resources and implementation of different international laws in this regard. The paper focuses on the Westphalian theory which adversely hampers the concept of shared water resources between the upper riparian and lower riparian states. The paper also examines the five prominent pillars of water sharing principles to be observed by the states and the positive initiatives taken by the international community for the development of international laws relating to water.


© 2021 IUP. All Rights Reserved.

Article Price : ₹ 50

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