Volume XIV Issue I - NLIU Law Review

NLIU LAW REVIEW

Volume XIV Issue I

This volume is considered to be published in December 2024

Recommended form of citation:
(2024) 2 NLIU L. Rev. <page number>

Threading a Delicate Balance: Charting A New Course for Fitness to Stand Trial In India

The first article of this Issue, “Threading a Delicate Balance: Charting a New Course for Fitness to Stand Trial In India”, critically examines the Indian framework for assessing an accused’s fitness to stand trial, emphasising its dependence on prima facie criteria. Drawing insights from international standards such as the Strugar factors and the Nahak rationality standard, the authors advocate for a reform-oriented approach. The article proposes the adoption of treatability-based assessments, the inclusion of multidisciplinary expert boards, and enhanced transparency in expert reports. These recommendations aim to safeguard the right to a fair trial while striking a balance between the demands of justice and the rights of victims.

Refuge From Precarity: Securing the Right to Education for Refugee Children in India

The article titled, “Refuge from Precarity: Securing the Right to Education for Refugee Children in India”, explores the socio-economic rights of refugee children in India, with a particular focus on their right to education. The author argues that, despite the absence of dedicated refugee legislation, the Right to Education Act, 2009, and Article 21A of the Constitution establish a justiciable framework for ensuring educational access for refugee children. The paper critically examines how India’s policy of strategic ambiguity regarding refugees perpetuates unequal access to education. It underscores the pressing need for comprehensive legal and policy to bridge these gaps and uphold the educational rights of one of the most vulnerable sections of society

Synergizing Bilateral Investment Treaties (BITS) and Human Rights: Analysis, Implications, and Strategies For Harmonization

The article, “Synergizing Bilateral Investment Treaties (BITs) And Human Rights: Analysis, Implications, And Strategies for Harmonization”, addresses the inherent tensions between BITs and human rights obligations. It traces the historical evolution of BITs, examines their adverse implications on host countries, particularly on developing nations, and advocates for incorporating human rights into BIT frameworks. The article concludes by proposing strategies for harmonization, including the appointment of human rights experts on arbitration panels and enhancing transparency through amicus curiae participation.

Navigating the Right to Repair in India

The article, “Navigating the Right to Repair in India”, examines the emergence and evolution of the right to repair movement, positioning it at the critical intersection of consumer rights, sustainability, and constitutional law. It explores corporate practices such as planned obsolescence and restrictive repair policies that undermine consumer autonomy and environmental sustainability. Situating the right to repair within the Indian legal context, the paper invokes Articles 19(1)(a), 19(1)(g), and 21 of the Constitution to argue that repair rights constitute fundamental rights, advocating for their legislative recognition.

Resolving India’s Cross Border Insolvency Concerns: A Comparative Jurisdictional Analysis

The article titled, “Resolving India’s Cross-Border Insolvency Concerns: A Comparative Jurisdictional Analysis”, critiques India’s inadequate cross-border insolvency framework under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The authors highlight the IBC’s limitations in addressing complex global disputes, as evidenced by cases such as Jet Airways and BYJU’s. Through an analysis of models from Japan, Singapore, and the European Union, the authors propose reforms, including adopting the UNCITRAL Model Law with modifications, streamlining court procedures, and integrating global best practices to create a robust, cooperative insolvency regime tailored to India’s unique needs.

Admissibility of Amicus Submissions: Global Trends and Indian Regime

The article “Admissibility of Amicus Submissions: Global Trends and Indian Regime” examines the role of amicus curiae submissions in international investment arbitration, particularly within Investor-State Dispute Settlement (“ISDS”). It analyses global practices under NAFTA and ICSID, highlighting their potential to enhance transparency and incorporate public interest perspectives, especially in disputes involving environmental and human rights issues. Shifting the focus to the Indian ISDS framework, it critiques shortcomings evident in the Rakia dispute and advocates adopting balanced criteria, such as the Direct Impact and Utility Approaches. The article concludes by emphasizing that permitting amicus submissions is crucial for fairness, transparency, and public accountability in ISDS proceedings.

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Publishing Body: National Law Institute University, Bhopal

Address: National Law Institute University, Kerwa Dam Road, Bhopal, Madhya Pradesh 462044

Editor-in-Chief: Tanvi Agrawal