Journal Title : National Journal for Legal Research and Innovative Ideas
ISSN(O):2582-8665
Frequency : Quarterly
Volume : 5
Issue : 1
Period : October - December 2024
1.EXPLORING WTO'S DISPUTE RESOLUTION MECHANISMS: AN EXIGENCY IN REFERENCE TO INDIA'S TRADE AND REMEDIES
By- Gaurav Yadav, Advocate, Allahbad HC & Saumya Raj, UG Law Student, NUSRL, Ranchi
•Abstract
Trade measures are limit remedy inflict by governments on imports of a product where entire imports have enhanced (safeguard remedy) or imports have been dumped or subsidized (anti-dumping and countervailing remedy, gradually) Anti-dumping, countervailing and safeguard remedy are governed by three distinct agreements connected to the “World Trade Organization” (WTO). The Agreement on the “Implementation of the Provisions of the SCM Agreement”, the SG Agreement, the “Agreement on Subsidies and Countervailing Measures”, and the “Agreement on the Execution of Article VI of the 1994 General Agreement on Tariffs and Trade”, collectively known as the Anti-Tariff Agreement. One of the most important achievements of the “World Trade Organization” (WTO) is generally referred to be the “Dispute Settlement Understanding” (DSU). It is within the scope of the “World Trade Organization” (WTO) to preserve unrestricted trade among its member nations. The WTO bestows a procedure for parties to settle trade disputes with each other via the Dispute Settlement Undertaking (DSU).Whereas GATT also includes provisions for conflict resolution, DSU includes many innovations. Government of India constituted a body “Directorate General of Trade Remedies” (DGTR) to ascertain that the domestic industry is not impacted by unjust trade practices. Anti-dumping and concerned trade measure are the most prominence policy tools that several of the largest importing countries in the WTO system use to banned international trade. Whereas such trade measures are also often aim for dispute settlement action under the WTO, given that panel and appellate body verdict. Through this author discuss the India and trade remedies and what was the mechanism to solve the trade related disputes between the nations and also discuss with the WTO dispute resolution system.
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2. Law of Love: Exploring the Legal Implications of Same-Sex Marriage
By- Piyanshi Garg, LLM Candidate, IILM University, Greater Noida
•Abstract
This research paper delves into the complex legal landscape surrounding same-sex marriage, tracing its historical evolution, examining key legal challenges and victories, and analyzing the far-reaching societal implications of this significant milestone in human rights. By exploring the legal implications of same-sex marriage across various domains, including adoption, inheritance, tax, and workplace discrimination, this paper seeks to contribute to a deeper understanding of the ongoing struggle for equality and justice for LGBTQ+ individuals.
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3. Analyzing the Role of IBC in Developing the Credit System in India
By- Shashwat Shivam, UG Law Student, Symbiosis Law School, Pune
•Abstract
In this contemporary era, economic development is considered to be an important key factor in the development of any nation. Economic development is also a step that is considered in moving ahead towards being counted as a developed nation. The development in the credit market and economic growth have a significant causal link. A well-established credit market successfully reallocates the resources towards a faster economic development while also fueling the credit market expansion. Credit Culture is a one-of-a-kind blend that unifies the credit approach and serves as the foundation for the credit discipline.
The Insolvency and Bankruptcy Code, 2016 was enacted with the objective and purpose of setting boundaries in the country's credit culture. The Code has shown to be a powerful economic reform in reviving corporate entities that might otherwise face liquidation. It has resulted in a total reversal of current practices, resulting in a complete change from recovery to resurrection. This Code in and of itself has played a pivotal role in assuring the growth of India's credit sector. But the major question which is raised in many people’s minds is HOW? In this manuscript, we have majorly studied and discussed how is the Insolvency and Bankruptcy Code plays an important role in developing the Credit System in India. We have also discussed the nexus between the Insolvency and Bankruptcy Code and the development of the Credit Market in India. We have also drawn a comparative analysis between the Pre IBC and Insolvency and Bankruptcy Code Regime and how the latter has been better fostering the credit market in the Country.
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