The National Law School of India University is an institution constituted by the Karnataka Legislative Assembly for undergraduate and graduate legal education in India. It was the first ever National Law University to be established. By popular estimates, the school consistently ranks as the most prestigious law school in India.Located in Bangalore, NLSIU was established by a statute passed by the Legislative Assembly of the State of Karnataka. The school was officially founded on August 29, 1987. The statute provides that the Chief Justice of India serves as the school's Visitor. The Vice-Chancellor, currently R.Venkata.Rao, serves as the school's chief administrator. Wikipedia.
Marie-Vivien D.,CIRAD - Agricultural Research for Development |
Marie-Vivien D.,National Law School of India University |
Garcia C.A.,CIRAD - Agricultural Research for Development |
Garcia C.A.,French Institute of Pondicherry |
And 3 more authors.
Development Policy Review | Year: 2014
The district of Kodagu, also called Coorg, in the Western Ghats of India produces 2% of the world's coffee, the expansion and intensification of which have reduced the forest cover by more than 30% in 20 years. Innovative actions are therefore urgently required to link economic development and biodiversity conservation, and stakeholders are exploring three strategies to add value to coffee from Coorg and prevent further biodiversity erosion: registration of trademarks; geographical indications; and environmental certification, via eco-labels. This article analyses their respective strengths and weaknesses and discusses the synergies between them © The Authors 2014.
Shah N.,National Law School of India University |
Gandhi N.,National Law School of India University
Journal of International Commercial Law and Technology | Year: 2011
Litigation in developing countries has many defects which has prompted a need for the development of alternative dispute resolution mechanisms. Arbitration, being one such substitutive mechanism as a type of private litigation is the most suitable for the same. This paper deals with the need to develop institutional arbitration to co-exist with ad hoc arbitration and scale it down to be available for dispute resolution in developing countries using an illustration of India. Certain recommendations to make institutional arbitration, which is considered to be appropriate for international commercial dispute resolution, suitable for domestic disputes in developing countries have been highlighted.
Srikanth V.,National Law School of India University |
Mattamana A.B.,National Law School of India University
Computer Law and Security Review | Year: 2011
In India, the government has perniciously ignored the issue of internet gambling. Unfortunately, there is no specific legislation in place that addresses internet gambling, nor has there been any consistent policy professed with regard to internet gambling. Thus, online gambling operators, both domestic and offshore, are allowed to operate with impunity in India. Spurred on by factors like inadequate legislation, a lack of enforcement, and an indifferent judiciary, online gambling in India is unregulated, untaxed, and most of all, unclear. This paper posits that there is an urgent need for legislative clarity in Indias policy towards internet gambling. © 2011 Hogan Lovells. Published by Elsevier Ltd. All rights reserved.
Pandey A.,National Law School of India University
International Journal of Applied Engineering Research | Year: 2013
The purpose of this paper is to study about what "Nanotechnology" is, and what it is doing for us in today's world and moreover the vast potential it has in progress of human race on this earth. Nanotechnology has become a serious buzz-word in the science and technology industries. But the new thing is that now we are starting to see its commercial utilization, for eg. Nano-clothing etc. Some key concepts and questions will be explored in this paper which are: What does Nano refer to? How is Nanotechnology being used? Is it really a new concept? And, how can Nanotechnology help us today and in the future? We will look into the positive and negative effects of Nanotechnology on the Environment and on the human beings. Overall this paper shows that Nanotechnology offers significant opportunities for improving the environment. Nevertheless, in order to achieve sustainable and safe development, further research on the potential risks is required. I will also try to come up with a probable solution to the dark side of Nanotechnology which is in the form of GREEN NANOTECHNOLOGY. If nature, working at the nanoscale, can accomplish a sustainable world, then surely humans can accomplish sustainability through this new scientific approach i.e. nanotechnology. This paper will also throw a light on the legal scenario of the Nanotechnology. International and the Indian laws will be mentioned in the required arena. Nanotechnology creates new environmental, health and safety challenges that need to be managed with regulatory frameworks. Since nanotech is still in its infancy it is difficult to come up with a comprehensive law in this regard without hampering the growth of nanotech research. At the same time research and application without laws in place may unleash a technological demon. Therefore it is necessary to bring in a central legislation which would serve the purpose of regulation as well as promotion of nanotechnology. © Research India Publications.
Banavar A.,National Law School of India University
Journal of International Commercial Law and Technology | Year: 2010
On 30th October 2008, the United States Court of Appeals for the Federal Circuit held en banc that a computer related invention is patentable if "(1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing". The 'useful, concrete and tangible result' test laid down by the same Court in State Street2 was effectively overruled. On June 1st 2009, the Supreme Court of the United States of America has granted a petition for a writ of certiorari against the decision in Bilski. Bilski is regressive in many senses, but is also consistent with precedent. The aim of this paper is to study the evolution of the law in relation to software patents over the years in the USA and compare this with the present Indian position. This paper aims to outline the position of law in the United States as it stands now. It also advances arguments as to what the United States Supreme Court should hold in the Bilski case, now that it has granted an order of certiorari. It then looks at the position of Indian law before concluding on how the Courts can interpret the present law and whether any change in the law is needed to that effect. In India, the statute excludes from patentable subject matter - "computer programs per se or algorithms". There is no Indian case law in relation to the interpretation of this clause. Clearly, how this is interpreted would make a considerable difference to the patentability of software in the Indian scenario. The paper is limited in scope to legal arguments and does not look at policy questions, as to whether software should be granted patent protection or not.
Anchayil A.,National Law School of India University |
Mattamana A.,National Law School of India University
Journal of International Commercial Law and Technology | Year: 2010
With the increasing instances of transmission of child pornography over the internet, the liability of the host of service providers who facilitate the transmission of the content has become a contentious issue. With varying legal regimes, jurisdictional issues and standards of obscenity applied as well as varying degrees of care to be exercised, this area is a legal quagmire. This article addresses the question of whether we need an intermediary liability regime or not. The article posits that intermediary liability does not address the question of preventing transmission of child pornography as the actual culprits remain beyond the reach of law. A scheme of intermediary liability only acts as a disincentive to the intermediary to innovate and hinders growth of internet services. A comparison of three regimes, United States, European Union and India, is undertaken to see the legislative measures, developments in case law and analyze their stand towards the intermediary. The Article finally works towards arriving at alternative options so that the autonomy of the intermediary is not compromised through over-regulation and censorship.
Agrawal D.,National Law School of India University |
Reddy S.,National Law School of India University
Proceedings of the International Astronautical Congress, IAC | Year: 2012
Article IX of the Outer Space Treaty gains significance in light of a growing number of outer space missions, thereby increasing the possibility of forward and backward contamination that the provision seeks to prevent. Yet, the scope and ambit of Article IX remains ambiguous at best, thereby posing a major challenge to space law especially in the near future which marks the return of sending biological organisms and even humans to space. As an illustration, the Phobos Grunt Mission launched by Roskosmos is carrying, inter alia, hardware to transport samples of a variety of dormant biological organisms beyond the Earth's orbit. This paper attempts to provide an interpretation of Article IX of the Outer Space Treaty as a potential solution to this challenge. Article IX mandates States to undertake 'appropriate measures' to prevent contamination of the environment of the Earth and outer space. However, definition of these 'appropriate measures' remains unclear as the text and the drafting history of the treaty provide no indication. Thus, the paper deals with two pertinent aspects of the interpretation of Article IX: first, the nature of "appropriate measures" to be taken by a space agency to fulfil the requirements of Article IX and secondly, which state in an operation involving multiple space agencies has that obligation. First, it is submitted that the "appropriate measures" are the guidelines laid down in the planetary protection policy adopted by the Committee on Space Research ["COSPAR"]. Hence, the policy is binding on space agencies. The basis for this obligation arises from the interpretation of Article IX using the test of 'subsequent practice' as laid down in Article 31(3)(b) of the Vienna Convention on the Law of Treaties. All space missions, as elucidated in the paper, launched in outer space till date have claimed to follow the policy. Other instances of state practice have also been analysed. Secondly, the paper addresses the question of which State is obligated, under Article IX, to take these 'appropriate measures'. Today, most missions involve more than just one State and even private corporations. This poses a challenge to space law as the treaty regime is mainly state-oriented. In such a scenario, it is submitted that the space agency having the 'effective link' with the mission is obligated to ensure that the policy is followed for all component parts of the mission. Copyright © (2012) by the International Astronautical Federation.
Krishnakumar T.,National Law School of India University |
Krishnakumar T.,Bangalore University
Computer Law and Security Review | Year: 2015
The emergence of Internet and digital technologies has resulted in the creation of new spaces, formats and media for human interaction and transaction. The resulting paradigm shift presents new challenges for freedom of speech frameworks which were originally framed to apply to offline phenomena. It is against this backdrop of new forms of verbal and non-verbal communication online (such as 'liking' and content sharing) that this note analyses the evolution in understanding of 'symbolic speech' within the frameworks of the First Amendment to the United States Constitution and Article 19(1)(a) of the Indian Constitution. It is concluded that while First Amendment jurisprudence is robust and well-developed with regard to most forms of online expression, Indian courts are yet to even expressly extend the freedom of speech to the online domain. Yet, there is material to suggest that Indian courts have the necessary jurisprudential foundations to decide Internet expression-related cases as and when they are confronted with them in the coming years. © 2015 Tarun Krishnakumar.
Sutaria A.,National Law School of India University
Journal of Risk Research | Year: 2014
Few legislative provisions have created as much controversy as Section 17 of the (Indian) Civil Liability for Nuclear Damage Act, 2010. This provision effectually creates supplier liability by providing a right of recourse for the operator of nuclear establishment. The paper explores the contours of this heated debate. The answer as to why India, in its Civil Liability for Nuclear Damage Act, 2010, has moved away from the standard international template of legal channelling of liability lies in the historical rationale for exclusive operator liability and the context in which Indias liability law was drafted. The verdict in Bhopal Gas Tragedy case and the shabby manner of dealing with the disaster necessitated a victim-centric approach. While it is necessary to balance the double insurance economic argument against tortious liability principles, the cap provisions and lack of incentives in the overall legal framework for supplier to take preventive actions tilts the balance in latters favour. The Act, however, is intended not only to respond to past events but also to govern future situations of nuclear incidents. Thus, a holistic and thorough discussion of related provisions of the Act assumes paramount significance. The enforcement of this legislation was subsequently followed by promulgation of Rules which have, in turn, further complicated the issue. In this paper, the author starts by outlining the basic principles underlining the international civil nuclear liability framework, with specific focus on channelling of liability and right of recourse, vis-a-vis the supplier. Having explained the broader international framework, the author then analyses the 2010 Indian Act and subsequent 2011 Rules, explaining the complications created through the same. Moreover, the author also delves into exploring how the Indian legislative framework will operate in practice. The author concludes that the Indian enactments have not been given a thorough consideration. The task shall be upon both, the Legislature and the Judiciary, to clarify this area of law that has significant implications on the industry as well as on the common public. © 2013 © 2013 Taylor & Francis.
PubMed | National Law School of India University
Type: Journal Article | Journal: The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics | Year: 2016
Biobank-based research is not specifically addressed in Indian statutory law and therefore Indian Council for Medical Research guidelines are the primary regulators of biobank research in India. The guidelines allow for broad consent and for any level of identification of specimens. Although privacy is a fundamental right under the Indian Constitution, courts have limited this right when it conflicts with other rights or with the public interest. Furthermore, there is no established privacy test or actionable privacy right in the common law of India. In order to facilitate biobank-based research, both of these lacunae should be addressed by statutory law specifically addressing biobanking and more directly addressing the accompanying privacy concerns. A biobank-specific law should be written with international guidelines in mind, but harmonization with other laws should not be attempted until after India has created a law addressing biobank research within the unique legal and cultural environment of India.