Chakraborty S.,The WB National University of Juridical Sciences
61st International Astronautical Congress 2010, IAC 2010 | Year: 2010
Space offers the potential for practically limitless wealth - some already being exploited, some we may only harness in the distant future, and undoubtedly some we cannot begin to guess. Realizing the potential to shape the course of human destiny, it's pertinent to incentivise entrepreneurial investment in space, by creating significant monetary prizes for the accomplishment of space missions and/or technology developments and by assuring property rights for those who seek to develop space resources and infrastructure. The current legal regime restrains the commercialization and development of outer space, and subsequently, its infinite economic and humanitarian rewards. Uncertainty in the legal consequences of space ventures make the vast potential rewards somewhat unattainable. The Outer Space Treaty (OST) of 1967 and its progeny established a basis for the allocation of property rights in outer space, subsumed under the concept of the 'common heritage of mankind', which is antithetical to the economic development of space resources; and is in contradiction to Article I of OST. Critics argue that the 'non-appropriation' clause in Article II of OST is a result of the socialist ideals that were prevalent at the time but is outdated and at odds with today's free market economy. It's also debatable whether Article II of OST and Article 11(2) of the Moon Treaty (MT), does include 'individual non-appropriation'. A regulatory system must be enacted that provides private enterprise with long-term predictability and minimizes regulatory interference. The purpose of this paper is to address: what is necessary to create a stable, yet equitable, legal regime that would incentivise private investment in space. The challenge is to build a regime that encourages the beneficial aspects of property rights, while formulating rules that discourage conflict and predation. How about the efficacy of market instruments - such as licensing, and quotas? Accordingly, Part II provides a brief introduction to space resources and their emerging commercial relevance. Part III discusses the Outer Space Treaty, resolving if it espouses a system of property rights. This section concludes delving on the need for a law of property, which follows as a natural corollary. Finally, Part IV analyses ideas and and proposals for an international legal regime to govern the use of outer space resources, providing some suggested changes in international space law - such as providing for a centralized development authority, on lines of the United Nations or the World Trade Organization. Copyright ©2010 by Mr. Subhayu Chakraborty. Published by the IAF, All rights reserved.
Jauhar A.,The WB National University of Juridical Sciences
Computer Law and Security Review | Year: 2011
The Copyright Act 1957 presents the face of modern copyright protection afforded to different intellectual works and is a key statement of intellectual property rights (IPR) in the Indian legislation governing this domain, as well as being compliant to the TRIPS Agreement on Trade Related Aspects of Intellectual Property Rights. This Act has been acceptably referred to on many occasions on global platforms, on account of its being one of the most elaborate and well-structured pieces of legislation in the field of intellectual property law. However, this well encompassing, highly creditable and widely acknowledged legislation seems to fall down in its practical implementation rendering its theoretical purpose partly futile. The situation so stands, that India continues to project major piracy rates with little regression in the trend despite the fact that this law is still very much in force. The reasons which deny effective copyright protection in India, for works of miscellaneous categories, have much to do with the lack of an equally strong enforcement mechanism. This paper provides an insight into the inadequacies of the Indian legal and administrative systems which have ultimately diminished the effectiveness of the copyright regime contrary to that envisioned by the law. © 2011 Ameen Jauhar. Published by Elsevier Ltd. All rights reserved.
Biswas T.K.,The WB National University of Juridical Sciences
Computer Law and Security Review | Year: 2011
Data and information constitute a valuable resource both for the companies in general and individuals in specific. The traditional paper based transaction has been replaced by electronic transaction and now a day's most of the valuable data and information's are stored in electronic medium. Therefore data and information security have become a matter of great concern for every agencies acting on faith of e-transaction. In India there remains an added significance owing to the fact that a growing number of companies seek more centralized and less expensive methods of processing information, they're turning to offshore outsourcing to fulfill many of their business and human resources processes. Data theft is not in itself a new concept, but has become an increasingly important issue in the digital age. The new mode of communication, its malleability, transmissibility, networking capacity, affect our lives in many and sometimes surprising ways, it requires that we find new legal solutions for new social questions. © 2011 Tushar K. Biswas. Published by Elsevier Ltd. All rights reserved.
Banerjee D.,The WB National University of Juridical Sciences
Journal of International Commercial Law and Technology | Year: 2010
One of the latest technologies to create a controversy is Google Earth, Google's Satellite Imaging technology. It is a useful educational, entertainment and navigational tool, but countries like Australia, China, India, etc have expressed concern about privacy and surveillance issues especially in the context of increased terrorism and state secrets being exposed to the general populace. Developed countries like the USA, UK and other European countries have not until now shown any interest in stringent action against Google as the current level of technology does not cause great concern as to what it does and where that technology is going. The option open to aggrieved nations are either to approach the US Government to ask its regulators to crack down or approach the United Nations on the basis of the Principles Relating to Remote Sensing adopted in 1986, which states that space imagery "shall not be conducted in such a manner detrimental to the legitimate rights and interests of the sensed [satellite scanned] state". A number of legal issues could arise regarding at what point geospatial information becomes personal information. In this light, this paper would analyze how far a technology of the calibre of Google Earth can affect the lives and liberties of an ordinary citizen. Though cases like Alan Boring v. Google, Smith v. Abandoned Ship, Kiryat Yam v. Google have been filed, they have not been very definitive in the arena. So the author will look at the principles of Tort law like Trespass (Hinman v. Pacific Air Transport), Nuisance (Brandes v. Mitterling), Strict Products Liability for inaccuracies in the program (Brocklesby v. United States) and Intellectual Property Rights (Skyline Software Systems, Inc. v. Keyhole, Inc.) to analyze probable issues and suggest plausible solutions to this conundrum within the existing international legal framework. In doing so, the doctrinal method shall be used and the author will study the various case laws, documents and state reactions to formulate the answers to the issues raised in this paper.
Chaturvedi I.,The WB National University of Juridical Sciences
Asia Pacific Journal of Environmental Law | Year: 2014
Since the inception of the United Nations Framework Convention on Climate Change, a number of emissions trading schemes have emerged that operate in and as national markets. It has been long debated whether these national schemes must be linked with the domestic schemes of other countries. Critics of autonomous schemes and linked schemes have valid arguments both in favour of, and against, linking. While linking is generally considered beneficial because it reduces volatility, sets a stable carbon price and serves as an indemnity from political instability, the same benefits can turn to its disadvantage-in that one system can borrow instability and volatility from the system with which it is linked. The first half of this article examines the economic and environmental pros and cons of linking, thereby attempting to determine whether linking adds to, or detracts from, an effective emission reduction regime. The second half of this article examines the problems and challenges that could have arisen had the emissions schemes of Australia and New Zealand been linked. © Australian Centre for Climate and Environmental Law 2014.
Chatterjee P.,The WB National University of Juridical Sciences
Astropolitics | Year: 2014
The term anti-satellite, or in short ASAT, is used to refer to a system designed to destroy or damage satellites. The heightened tendency among the spacefaring nations to develop ASAT technology in the recent past has led to widespread debates as to the legality of ASAT deployment under the space law regime. In this context, I have endeavored to make a detailed analysis of the international legal provisions to find if there is any legal basis at all for the deployment of such ASATs. I have concluded that none of the existing legal provisions in space law, as well as public international law, have sufficient force and clarity to bring about a blanket ban on ASAT weapons. Therefore, the research suggests a slew of reforms to overcome this anomaly. Examples of such proposed reforms include, inter alia, an amendment of the Outer Space Treaty and an enhanced role and influence of the United Nations in treaty making coupled with active diplomatic initiatives. © 2014 Copyright Taylor & Francis.
Nawn N.,TERI University |
Nawn N.,The WB National University of Juridical Sciences
Journal of Agrarian Change | Year: 2016
In the literature on sustainability of agriculture, both labourers and workers are conspicuously absent. Here, the sustainability of agriculture has been defined in terms of whether the farm household in question is able to yield an energy surplus when its members and the animals in its possession are obtaining an adequate 'energy income' or Calorie intake. To evaluate the sustainability of 590 farming households in the state of West Bengal, India, during 2004-5, four progressively stricter definitions of sustainability have been proposed, defined and applied. The method of energy balance analysis was followed. A negative surplus was found to be near-universal across size-groups in terms of the net area sown (NAS), the gross cultivated area (GCA) and agro-climatic zones. The threshold output for a non-negative surplus during the cultivating period was 700,000 megajoules (MJ); in terms of the GCA for a positive 'full and final' annual surplus, it was 3 hectares, and in NAS terms it was 2.5 hectares; against NAS per household size, it was 0.6 hectares, for ensuring a positive surplus beyond the annual sustainability. No evidence could be found in favour of household size as an explanation for the negative surplus. © 2016 John Wiley & Sons Ltd.
Basu A.,The WB National University of Juridical Sciences |
Kurlekar A.,The WB National University of Juridical Sciences
Astropolitics | Year: 2016
ABSTRACT: The last decade has been witness to a rapid rise of the commercial space sectors of many countries. This development offers myriad prospects for the development and exploration of outer space, but simultaneously poses threats to the international community if not regulated properly. The potential dangers of outer space activity were recognized by both the United States and the former Soviet Union in the midst of the Cold War, which led to the concretization of the international legal regime regulating outer space activities. However, without the enforcement of these legal standards at the municipal level of the state, this regime is ineffective. Therefore, it is an imperative that all states with a commercial space presence develop national space legislation that appropriately incorporates international standards. The U.S. space legislation is, at present, the most robust legal framework which addresses many of the necessary concerns. At the same time, in attempts to promote the growth of its space sector, the U.S. regime regulating commercial space ignores some of the standards developed in the international regime. The critical evaluation of the salient features of the U.S. legislation undertaken by this article serves as a guide for many states seeking to develop their own legislation regulating the commercial space industry. It serves as a guide to adopting comprehensive standards of protections provided for in the U.S. legislation and the International Law Association’s “Model Law on National Space Legislation,” but also cautions against the dangers of weaponization, poor environmental protection, and exposure to international liability. A thorough legislative framework that adequately balances economic, strategic, and political concerns with accepted legal principles of international law is essential to prevent commercial space activities from becoming a “highway to the danger zone.” © 2016 Taylor & Francis.
Gupta V.,The WB National University of Juridical Sciences
Astropolitics | Year: 2016
ABSTRACT: Environmental concerns are an issue for the outer space legal regime. Human activities result in insurmountable amounts of debris, chemical effluents, and radioactive waste carried into the domain of space, which poses a serious threat to future generations and uses of space. Sophisticated technology and the amount of funds required to access space complicate the task of addressing orbital debris. To correct this anomaly, regulation of space activities with a view to making them environmentally sustainable is called for in this article. With this aim in mind, I critically analyze the existing international legal framework, examining its relevance in conserving the space environment. Discovering a slew of irregularities, I endeavor to review each legal instrument in the context of environmental conservation and evaluate their effectiveness. I conclude that the outer space legal regime is acutely ineffectual and reforms are an imperative. The research reveals a plethora of suggestions, which include, inter alia, amendment to Article IX of the Outer Space Treaty, harmonization of international environmental law and space law, and the establishment of an international regime for the removal, maintenance, and servicing of satellites. With such proposals in mind, the need to frame a new space policy or modify the existing framework is emphasized herein. © 2016 Taylor & Francis.
The WB National University of Juridical Sciences | Entity website
Contact NUJS The WB National University of Juridical Sciences Dr. Ambedkar Bhavan 12, LB Block, Sector III, Salt Lake City Kolkata - 700098 T:(+91)33-2335 7379/ 0765/ 2806/ 2809/ 2811/ 2812 F:(+91)33-2335 7422/ 0511 GRAM: JURAVARSITY Web Site: http://www ...