South Asian Law & Economics Review

In the complex world of international trade, decisions rendered by adjudicatory bodies, including the Appellate Body (“AB”) of the World Trade Organization (“WTO”), hold a significant position in ensuring a balance between the competing interests of Member-states. Among these decisions, the case of US – Shrimp has been celebrated as an achievement in recognizing environmental

This paper critically examines the application of Economic Analysis of Law (EAL) in the Indian legal context, focusing on two main criticisms: the reliance on market practices and the limitations of empirical and rational analysis. EAL, popularized by Richard Posner, emphasizes the efficiency of legal rules and institutions through economic theories. However, the paper argues

Rape in all forms is considered heinous and must be criminalized with the strictest of punishments that exist. However, the entire concept of the criminalization of marital rape seems to be flawed. The debate about the criminalization of marital rape has been an ongoing one for decades together in India. The Indian notion of marital

The concept of “natural justice” provides that prior to the initiation of proceeding, the relevant authority shall ensure adequate chance to the opponent against whom matter is brought and thereby assure that they can appropriately defend their case. The foremost step is to notify the opponent which is very vital during proceeding. If a trial

Freedom is the condition of being free ie., set at liberty. The Preamble of the Constitution of India promotes, “Liberty of thought, expression, belief, faith and worship”. Art 19(1)(a) of the Constitution provides that all citizens shall have a right to freedom of speech and expression. Nothing in sub-clause(a) of clause (1) shall affect the

India is one of the fastest developing countries in the world and the fourth largest global emitter (Bhattacharya 2022), as per its international alliances and treaties, it must reduce its emissions by a significant amount. Net zero emissions by 2070 is a target announced by the Indian government at UN Climate Summit COP26 on November