Equity Without Borders: The Transboundary Applicability of the Nagoya Protocol and the Need for Reassessment
Introduction The Nagoya Protocol (“Protocol”) was introduced in the year 2014 to fulfil the objectives of the Convention on Biological Diversity . Specifically, the Protocol aimed to implement the objective of fair and equitable benefit sharing arising out of the utilisation of genetic resources. In pursuance of these notions, Articles 10 and 11 of the Protocol envision scenarios wherein states engage in transboundary cooperation in the use and management of shared genetic
Tanya Sara George
11 minutes ago
Diverge and Conquer: Why Judicial Divergence is Healthy for the Indian Judicial Framework
Introduction India follows a judicial system that maintains a pyramidal hierarchy in its functioning, adhering to the doctrine of stare decisis and the express constitutional mandate under Article 141, which establishes that the law declared by the Supreme Court is binding on all courts. While the United States lacks a constitutional provision for vertical stare decisis , it proposes an intriguing question : “Why must one follow the Supreme Court when it is not an infall
Anusha Agarwal & Preeshaa Mishra
Nov 15
Quorum and Coram Requirements in the Competition Act: A Redrafting of Section 22
Introduction In 2023, the Competition Commission of India (‘CCI’ or ‘the Commission’) found itself in an unprecedented situation . With only an Acting Chairperson and a Member, the Commission faced a backlog of pending merger approvals. This led to the invocation of the doctrine of necessity in order to examine and approve combination agreements, i.e, mergers and acquisitions. Normally, an M&A approval, being an administrative function, requires a quorum of three members, a
Aashi Sharma & Shreya Pachori
Oct 31
India's Vehicle Scrapping Policy: A Roadmap to Sustainable Mobility
India's automotive industry has been growing rapidly, due to an increase in the need of consumers to move faster and smarter. Millions of...
Abhijit More & Atharva Angale
Sep 19
The Creeping ‘Judicial Activism’ in Patent Litigation
For several decades now, Indian courts have earned a reputation for unrestrained judicial activism in the fields of political, social,...
Prashant Reddy Thikkavarapu
Aug 21
The Gratuity Grey Zone: When ‘Moral Turpitude’ Blurs the Lines Between Employer Rights and Employee Protection
Gratuity, in its literal sense, refers to a lump-sum amount paid to employees as a token of gratitude for their long-term service....
K Danitta & Swastika Saha Chowdhury
Jun 7
