Hybrid journal (It can contain Open Access articles) ISSN (Print) 1753-6235 - ISSN (Online) 1753-6243 Published by Inderscience Publishers[450 journals]
Authors:S.K. Bala Shanmugam, S.R. Subramanian, M. Padmavati Pages: 201 - 230 Abstract: The introduction of GM foods in the world market has continued to raise public concerns touching upon, health, legal, social, ethical and environmental issues. Especially, the issue of contamination is considered as a significant threat at many stages of development of GM food. Moreover, contamination becomes an issue not only at the stage of import but also at the stage of internal distribution of products within the country. In this connection, the current study examines the extent of development of liability framework for GM food and derivatives both under the international law and under the Indian law. In particular, it analyses the existing setup of liability framework in respect of GM food in India. Finally, it suggests that the Indian legislature must take into account the liability framework under either by way of amendment in the existing FSS Act, 2006, or by bringing in a dedicated law to deal with the potential harm in relation to GM food and derivatives. Keywords: liability and redress; contamination; India; FSS Act 2006; genetically modified food; precautionary principle; product liability Citation: International Journal of Private Law, Vol. 9, No. 4 (2020) pp. 201 - 230 PubDate: 2021-04-09T23:20:50-05:00 DOI: 10.1504/IJPL.2020.114119 Issue No:Vol. 9, No. 4 (2021)
Authors:Amit Kumar Kashyap, Pranav Singh Rathore Pages: 231 - 245 Abstract: Organisation for Economic Cooperation and Development and the G-20 countries introduced an OECD Action Plan aimed at tackling the emerging and challenging issues of base erosion and profit shifting. OECD Action Plan introduced Action Plan 14 which aimed at strengthening the effectiveness and efficiency of the entire MAP process by mandating arbitration if MAP proceedings do not conclude within two years. Considering the specific features of tax disputes, they should be treated differently from the related civil/commercial matters. A unified and global dispute settlement mechanism is very important considering the economics involved in international tax matters but many countries have objected to such unification by relying on aspects such as lack of expertise and sovereignty in tax matters. It is only when the dispute settlement process is strengthened, will any nation, including India, be able to attract the cross-border investment necessary for its overall growth. Keywords: alternative dispute resolution; sovereignty; base erosion; mutual agreement procedure; MAP Citation: International Journal of Private Law, Vol. 9, No. 4 (2020) pp. 231 - 245 PubDate: 2021-04-09T23:20:50-05:00 DOI: 10.1504/IJPL.2020.114120 Issue No:Vol. 9, No. 4 (2021)
Authors:Amit Kumar Kashyap, Pranav Singh Rathore Pages: 246 - 258 Abstract: New rules have been introduced in the 2017 edition of the FIDIC Red Book, particularly in relation to the replacement of the engineer. Hence, the contractor has now become under a time limit to respond to the relevant notice issued by the employer. Failing to comply with such a time line would have the implication of considering the contractor to be deemed to have accepted such replacement. Furthermore, replacement may occur for reasons attributable to the engineer itself, such as illness, disability or resignation. In which case, the employer must immediately appoint a temporary engineer. Clearly, such an appointment needs to be confirmed by the contractor, if not so approved then the employer must appoint another engineer. Also, the engineer has the right to appoint and/or replace a representative to work on site, without having to obtain the contractor's approval. However, the contractor must seek the engineer's approval when appointing and/or replacing its representative, once the same takes place following the commencement of the contract. All in all, the contractor decision as to the replacement of engineer must always be objective and on merit. Keywords: engineer; employer; contractor; replacement; FIDIC; Red Book 2017; privity of contract; Qatar Citation: International Journal of Private Law, Vol. 9, No. 4 (2020) pp. 246 - 258 PubDate: 2021-04-09T23:20:50-05:00 DOI: 10.1504/IJPL.2020.114122 Issue No:Vol. 9, No. 4 (2021)
Authors:Amit Kumar Kashyap, Pranav Singh Rathore Pages: 259 - 271 Abstract: The purpose of the paper is to provide an overview of the remedial system provided by the Principles of Latin American Contract Law. After introducing the process of drafting the principles, the paper makes some general considerations regarding contractual remedies in this new instrument of soft law. Specifically, the process of adoption of it will be analysed, including not only the adopted remedies but those that were eliminated although initially provided in the drafts of the project. Keywords: contract; Latin American Contract Law; remedies; sale of goods Citation: International Journal of Private Law, Vol. 9, No. 4 (2020) pp. 259 - 271 PubDate: 2021-04-09T23:20:50-05:00 DOI: 10.1504/IJPL.2020.114123 Issue No:Vol. 9, No. 4 (2021)
Authors:Chiara Da Silva Simões, Daniel Nascimento-e-Silva Pages: 272 - 294 Abstract: This study aims to present a proposal for a conceptual definition of legal marketing. It used the four stages of the conceptual bibliographic method, which is characterised by the formulation of a question of conceptual research, collection, and organisation of data for the generation of a conceptual response, to generate the definition sought from the state of the art of the established original concept marketing. The results pointed out process as the general equivalence term, and the characteristics that characterise the marketing found were creating value and supplying needs, translated as a common good. The conclusion shows that legal marketing is promoting the common good by drafting laws that promote social harmony. It differs entirely from what could today be called legal marketing, which is establishing communication channels to create personal or business value by supplying its clients' needs to obtain profit. Keywords: legal marketing; conceptual definition; marketing; conceptual enunciation; advocacy marketing; legal advertising; advocacy advertising; attributes of legal marketing; legal marketing equivalence term; juridic services Citation: International Journal of Private Law, Vol. 9, No. 4 (2020) pp. 272 - 294 PubDate: 2021-04-09T23:20:50-05:00 DOI: 10.1504/IJPL.2020.114145 Issue No:Vol. 9, No. 4 (2021)
Hybrid journal (It can contain Open Access articles)
[450 journals]
