THE CRATERS IN OUR MOON: THE LEGAL LACUNA EXISTING IN MINING AND CONSULTATION IN OUTER SPACE

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Anisha Agarwal & Ayushi Tiwari
College of Legal Studies, University of Petroleum & Energy Studies, Dehradun


Space has dependably been the last boondocks for human learning and creative energy. From connivances of outsider life to the conceivable production of feasible natural surroundings and settlements on Mars, the potential outcomes stay limitless. However, from a geopolitical viewpoint, Space is progressively turning into a basic methodology of State Power and Sovereignty. From the Space Race that started with the Cold War to the incorporation of digital systems and using space for the financial progression of individual country states today, there is a need to re-connect with our conventional epistemological comprehension of Outer Space. Though drafted with good intention, the treaty has lost its effect on issues regarding space mining and consultation among states. This paper throws some light on the above mentioned issues and how OST, despite some article being declared as customary international law fails to cover the same. The potential outcomes of space exploration are vast however there remains a need to develop and set up a steady and all around structured system that can help with struggle of de-heightening and emergency determination. Maybe fifty years after the commencement of treaty, the time has come to return to the bargain and equip it to deal with the remarkable difficulties postured by the interconnected postmodern globalized world we live in.


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THE RISING PILLAR OF LAW: ARBITRATION

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Khyati Sharma
University School of Law and Legal Studies, GGSIPU, New Delhi


In this paper, I will be dealing with the emerging trends of arbitration backed by latest amended statutes. As this field of law is widely accepted in the international parlance, it’s also getting imperative for the Indian audiences to come forth and catch up with these accepted practices. For it to work smoothly, it is important to be done away with the obsolete statutes for a start. A codified text does not only creates authorization but also mandates the recognition of the law. Within a span of almost two decades many interpretations to this Act has come, by way of precedents and also by interpretations. Some of the landmark cases established as to what can be conceived out of this statute. By way of case laws and the new amendments I’ll fathom the emergence of arbitration in India.


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MENSTRUAL HYGIENE – NOTHING TO SHAME UPON

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Ashima Behl & Bhavleen Kaur
Amity Law School, New Delhi


Young girls in India face silent struggle, lack of facility and privacy deprive them not only from education but also from many other important aspects which seek to develop them in their social life. The concept of believing menstrual cycle as a taboo combined with the approval of social stigma has been handing down since generations. Therefore, they primarily get deprived of their education as they held provided with no space to change and even they are lacking in mode of development of such time. Resulting to which they wear over used cotton clothes or sanitary pads whole day. This steered them to feel ashamed to go to school and in society too. Adding to the worseness they leave school as they hit the age of puberty. Due to lack of information and awareness they held with such unforgiving step in life, mostly at times the chapter in school regarding menstrual is skipped as it is considered as a matter of shame to teach those things which are ought to be considered as out of bounds. In India with a female population of 315 million, who menstruate and getting far reaching simultaneously may bring some adverse and profound negative effect. Nations round the world are face the issue of this hygiene where women are considered to be in an impure cycle of the month and should not be treated for good things. Similarly, in India though since generations mother have been telling her daughter not to go to temples, or to kitchen, or not to touch anybody, not to join hands to the deity, not to bring their shadow to any person going for respectable work, or to any pure place yet the hygiene of a woman or sanitation of a female was never focused.


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LABOUR LAW REGIME UNDER THE DUBAI INTERNATIONAL FINANCIAL CENTRE (DIFC) AND INTERNATIONAL COMMERCE: A CRITIQUE

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Aditi Duggal & Parth Agrawal
Symbiosis Law School, Noida


“Effective courts give life – and where necessary give teeth – to the framework of law within which markets and businesses operate, and their lawyers advise. Such a framework enables entrepreneurs to be confident that they can develop their businesses, promote and market their products, and develop new products secure in the knowledge that their rights will be respected, vindicated and enforced”. Commerce lies at the root of financial development which is the fuel of the economies all over the world. International commerce directly relates to the inter-State financial and commercial arrangements. Different local commercial laws govern the territorial as well as extra-territorial flow of services and investment. However, the stringent and complicated domestic regulations and compliances act as a hindrance in the path of international commercial development. The Dubai International Financial Centre (DIFC), established and managed by a primarily Islamic country, is an exemplary solution to these issues and offers a variety of common law oriented lucrative business opportunities. The paper seeks to study the development of free zones in order to promote international flow of services and investment with special reference to employment laws in UAE and DIFC.


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RIGHTS OF A MINOR COPARCENER

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Richa Seth
School of Law, University of Petroleum and Energy Studies, Dehradun

Udit Capoor
New Law College, Bharti Vidyapeeth University, Pune


The Hindu joint family system is an inseparable association of the life of the Hindus as it has been steered that there is no escape of the Hindu from the Joint Family. A Hindu Joint Family sometimes comprises of a common antecedent and all his male lineal descendants upto any generation with their unmarried daughters, their wives and their widows. Coparcener is sometimes believed to be same in meaning as the joint family. The moment a child is born he gets his birth right in the coparcenary. A minor coparcener becomes a major coparcener once he attains the age of 18 years. However, the term coparcener in the Mitakshara School of law its membership is confined to the male descendants upto four degrees, but from a common male ancestor only. It is a very unique feature of the Indian law that is does not draw a difference between the minor and the major coparceners. Hindu Law has established it that the presence of a minor coparcener is not an obstruction against partition by the adult coparceners. An agreement of partition which is entered into by the adult coparceners is binding upon the minor coparceners too provided such agreements are not unfair or prejudicial in the interest of the minor coparceners. Where the partition agreement is not in favour of the minor coparceners and is prejudicial, they can set aside such an agreement when they attain majority by claiming the re-opening of the partition. A minor coparcener has the same rights as that of his father but with some reasonable restrictions upon the powers to alienate and partition of property. The research methodology adopted in this project is both descriptive and analytical because the provisions regarding this are well settled.


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