Rahul Ranjan

Revisiting US – Shrimp: Unveiling the Ambiguity Surrounding Evolutionary Interpretation and the Complexity of Unilateralism

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 […]

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Criticisms of Law & Economics Approach: The Perils of Indian Reality

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

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Criminalizing Marital Rape in India: A Bright or a Bleak Future?

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

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Ensuring Justice: The Crucial Role of Notice in Fair Hearings and Judicial Oversight in India

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

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Scope of Grounds for Reasonable Restrictions on the Freedom of Speech and Expression

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

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Drivers, Challenges and Suggestions for the Development of Digital Finance in China

With the rise of digital financial models closely related to information technology, the deep integration of finance and digital technology in China has become a trend. Based on the practice of digital finance in China, this paper proposes the driving forces for the development of digital finance in China: the shortage of traditional financial supply,

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GSP, GSP+ and Developing Countries: Withdrawal and Its Implications and the Future of Bangladesh

The world is developing day by day economically and technologically. Trading between many countries have increased a lot due to this globalization. To stay in the race, the developed countries have given GSP benefit to the developing countries. Bangladesh is not an exception to this benefit. In this paper, we have discussed how GSP is

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Automatic Stay: An Analysis of the Conflicting Jurisprudence Regarding Suspension of Claims against a Distressed Corporation under Corporate Rehabilitation

The case of BPI vs CA (229 SCRA 223) is contrary to the case of RCBC vs IAC (320 SCRA 279). It caused a conflicting jurisprudence as to when suspension of claims commenced. The application of automatic stay, which suspends all claims against distressed corporation upon the filing the petition, offers a workable solution for

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