LL.M Dissertation 2015-16

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Browsing LL.M Dissertation 2015-16 by Title

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    Bilateral Investment Treaties and Investment Arbitration: A Critical Analysis
    (National Law University and Judicial Academy, Assam) Singh, Ruma; Dayma, Dinesh
    Investment arbitration is firmly established worldwide as a distinct discipline. For centuries, corporate, countries and individuals have used arbitration as a preffered mechanism for resolving their international disputes, a preference which has become even more pronounced in the past several decades as international trade and investment have burgeoned.
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    Corporate Insolvency Laws in India: Issues and Challenges
    (National Law University and Judicial Academy, Assam) Gupta, Deepshikha; Shrivas, Anand Ramadhar
    Insolvency is a state at which an individual, company, or other association can't meet its financial transactions or liabilities for paying their obligations to the creditors. Insolvency can happen when certain things occurs, some of which may include: poor money administration, increment in real money costs, or decline in income.
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    Custodial Violence in India: A Human Rights Perspective
    (National Law University and Judicial Academy, Assam) Panth, Sunita; Ghosh, Gitanjali
    The concept of human rights is the idea about defining the basic dignity and worth of human beings and their fundamental entitlement. It is human rights and fundamental freedoms that allow us to develop fully and use our human faculties, intillegence, talent and conscience. It is only through these faculties one can lead a complete life as incorporated in varous national and international documents.
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    Cyber Obscenity: A Legal Analysis
    (National Law University and Judicial Academy, Assam) Devi, Rajita; Narayan, Shannu
    Internet was invented to facilitate departmental networking without any controlling measures. Criminals in cyberspace are aware about vulnerability of victims and problems of evidence to prosecute them. Elimination of cyber crime is not possible. Prevention and control of cybercrime is not only a national problem but also an international legal challenge. It is very difficult task which requires intensive study, research and co-operation and co-ordination at many levels.
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    Effective Corporate Governance in Public Companies: A Need of the Hour
    (National Law University and Judicial Academy, Assam) Poddar, Neha; Shrivas, Anand Ramadhar
    Corporate governance ensures transperancy, accountability and as a result protects stakeholders' cnfidence in the company. In this globalising era, the investors across the globe want to invest in those countries whose corporate governance mechanism is efficiently codified. In India, corporate governance has been incorporated in the Companies Act, 2013 and the Listing Regulation 2015. Through this amendments to the corporate laws , the corporate governance system in India have developed well.
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    Enforcement and Recognition of Foreign Awards in India: Issues and Challenges
    (National Law University and Judicial Academy, Assam) Srivastava, Prakhar; Dayma, Dinesh
    Arbitration today has become important instrument for the settlement of disputes. It has been seen during the course of study, as to how, the process evolved from its rudimentary stage to its present position . Concept of the arbitration includes fulfilling the requirements of a valid arbitration agreement, arbitrable matter, laws that reflects on the process of arbitration and the constitution of the arbitral tribunal on whom success of entire process is dependent.
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    Genocide: A Human Rights Analysis
    (National Law University and Judicial Academy, Assam) Mishra, Dhananjay Kumar; Basak, Chiradeep
    The human rights approach regarding Genocide at world lenel is being debated. Different conventions are contextualize in the form of black letter of law to condemned the genocide or mass killing of the person by the policies of state or by political, religious and ethic interests of the people in the international societies.
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    Infringement of Intellectual Property Rights in Cyberspace: A Critical Analysis
    (National Law University and Judicial Academy, Assam) Das, Himangshu; Vats, Naresh Kumar
    We are living in the age of ransformation and interregnum. The manner in which technology has changed life, society and the way it is impacting legal institutions, legal theories and jurisprudence make it crystal clear that the laws of cyberspacehave to be made clear so as to control intellectual property rights from the infringers.
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    Insurance Business in India and fraudulent Practices: A Critical Study
    (National Law University and Judicial Academy, Assam) Goswami, Saranga Ballav; Pandey, Himanshu
    The insurance contracts are the foundations for the social security. But on the other side behind the positive approach of insurance, many people take advantage of the same and turn it into a tool to secure certain financial gain through commitment of frauds. Insurance industry is growing and being chanted about like the new mantra, but still India is facing a huge loss in this sector because of the everyday increasing fraudulent practices.
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    Patent Protection of Living Organisms: A Comparative Analysis
    (National Law University and Judicial Academy, Assam) Bakhtiar, Sheikh Affan; Vats, Naresh Kumar
    Intellectualproperty is the multilateral in its aspects and unilateral in its character, i.e., it is the form of intangible property. Under the umbrella of the intellectual property, the most common forms of property are patents, trademarks, copyrights, industrial designs and so on. They are the form of intangible property granting exclusively property rights in two aspects - one is the positive rights, and the other is the negative rights.
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    Traditional Knowledge of Healers in Meghalaya: A Critical Study
    (National Law University and Judicial Academy, Assam) Lama, Bobita; Basar, Topi
    Knowledge rich countries especially developing countries such as, Thailand, Philippines and Brazil etc. has taken substansive step by enacting sui generis law because this knowledge are particularly important in developing countries as their rich endowment of TK and biodiversity plays a critical role in their health care, food security, culture, relegion, identity, environment, trade and development.
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    Trafficking of Children in India: A Human Rights Approach
    (National Law University and Judicial Academy, Assam) Sailo, Lalzikpuii; Ghosh, Gitanjali
    Trafficking in Children is a global phenomenon and is not restricted to any geographical region or country. It is gross violation of human rights and fundamental freedoms of children. It infringes upon the child's physical and mental integrity, which are essential to the experience of human dignity and poses a significant threat to the child's life.