PhD Theses
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Item Evolving a climate justice policy frame for India(National Law School of India University, 2020) Jacob, Vidya AnnItem An Analysis of Rehabilitation and Reintegration for Children in Conflict with Law in the State of Delhi(National Law School of India University, 2020) Mishra, NehaJuvenile Justice Act 2015 does not define Rehabilitation or Social Reintegration (RandR), while the Act does delineate the process and services regarding the RandR, it falls short of determining how that has to be undertaken. Even the Model Rules do not give a complete clear mandate elaborating the institutional structure functioning to make the whole process of RandR effective not just in letter but also in spirit. The present thesis details the current process undertaken towards RandR within the institutional framework in the State of Delhi and analyses its efficacy keeping in mind the objective of the Act 2015. newlineItem International Law and Trade of Conventional Arms A Legal Analysis of Arms Dynamics and Indias Position(National Law School of India University, 2020) Basak, ChiradeepIn a world of conflicting interests, it is very difficult to make peace; especially, when war is a resonating business for many. It is the business, which is giving birth to crisis and out of crisis; with opportunities and costs for those who manage to diffuse global policy. The time is changing and the world is changing. The world has shifted from centuries old, symmetric form of warfare to asymmetric form of warfare and in this form of warfare, small and light weapons (SALW) have caused and can even cause more gruesome damage in comparison with a weapon of mass destruction. The clandestine nature of arms trade causes direct interaction between economic concerns such as trade, profits, jobs, and foreign policy concerns such as human rights, international order, and security. This study examines the historical and conceptual context of legal perspectives on the arms trade by providing an understanding of the myriad aspects of international trade of conventional arms and illustrates as well as explores the nexus of such trade with human rights violations. This thesis highlights several aspects of conventional arms trade, which ranges from legislative history; arms trade narratives, global negotiation efforts, domestic and geo-political dynamics, human rights and humanitarian law. The research also looks into the international security and relations conditions concerning arms trade. newlineItem Role of Scientific and Mathematical Tools in Determination of Patent Eligibility(National Law School of India University, 2020) Priya, AarthiItem Tackling Tax Evasion using Third Party Information A study of the Indian Direct Tax experience(National Law School of India University, 2020) ahanzeb, AkhtarItem A study of experiential legal education in India(National Law School of India University, 2021) Mammen, Reha RoyItem Enforcement of Online Informational Privacy against NonState Entities in India An Analysis(National Law School of India University, 2021) Abhijit, RohiItem Role and effectiveness of alternative dispute resolution methods in consumer disputes(National Law School of India University, 2021) Sree Krishna, Bharadwaj HItem Evaluation of competition law enforcement A critical study of competition commission of Indias experiences in expost enforcement(National Law School of India University, 2021) Tripathi, PraveenThe legal processes are aimed to minimise the social costs arising from the enforcement of the law. It includes transaction costs in the form of “administration cost” and the “error costs”in the decision making. In any law enforcement system, the “error” of adverse decision-making is bound to happen, and the cost arising from such an error is difficult to evaluate due to various unknown factors. These errors result in adverse social costs of enforcing the laws. If the decision-making errors are coupled with defects in the institution and processes associated with the enforcement structure, the cost aggravates. These costs can be minimised with appropriate modification in enforcement structure. Further, not just in case of an erroneous decision, these defects in the processes may also render a ‘just’ decision infructuous. An attempt is made here to study the institutional and enforcement structure under the Competition Act, 2002 to discover the fault lines in the enforcement, giving rise to the adverse social costs. Primarily, a young regulator like the Competition Commission of India must overcome three challenges – (i) spreading the reach of law and bringing geographical inclusivity in its enforcement exercise; (ii) delivery of decision making has to be quick to keep the market forces alive; and (iii) clarity in tools employed for correcting the market failure arising due to anti-competitive conducts. In this connection, this study is based on the premise that - an institutional structure of enforcement under Indian competition law, defined by the geographical location, decision-making process, resource allocation in terms of advocacy and human resource, and enforcement design, does not lead to adequate output to ensure wider detection, quicker response and consistent remedies or sanctions. With this premise, the study assesses CCI’s structure and working in the last decade (2009-2019) through jurisprudential development and empirical data. Evaluation of competition law enforcement in this study is built upon the data collected from 779 orders of CCI relating to the anti-competitive agreement and abuse of dominant power, passed during 2009-2019 and corroborated with CCI’s annual reports, newsletter and relevant literature. The findings suggest that a centralised agency like CCI fails to target enforcement in the appropriate economic region and gets captured by the disputes arising from the proximate geographical location. This results in a disproportionate reach of law and creates a lopsided distribution of geographical workload, causing over-regulation in proximate regions and under regulation in distant regions. The centralised agency’s outreach through advocacy programmes also gets restricted to proximity, thereby depicting unequal resource allocation. Such an irregularity in advocacy programmes creates a lack of awareness in the distant regions resulting in weak detection of anti-competitive activity. Turnaround time in disposing of the cases is an important parameter of evaluating efficiency. CCI’s present standard of the turnaround time for disposing of the cases in the substantial number of cases is beyond the expected reasonable time drawn through the average time taken. This delay is attributed to internal as well as external factors. Internal factors like the legal structure of the enforcement, decision-making process, and human resource availability are identified in the study as prominent reasons for the delay. External factors are linked to collateral writ petitions in the constitutional courts and the appellate authority’s remand orders. The study has also noted Competition Act, 2002 has conferred very wide discretion on CCI for determining penalties and remedies for curing the market. However, the decisional practice demonstrates inconsistencies in the exercise of discretion and creating uncertainty on the content of the law. The detection of fault lines as understood from the study may require modification to enhance the enforcement mechanism’s efficiency. This would include – (i) geographical decentralisation of CCI for greater regional inclusivity; (ii) issuing guidance note for clarifying the content of law to eliminate uncertainties; (iii) introducing greater procedural fairness to reduce the collateral challenge in writ petitions; (iv) introducing guidelines for quantifying penalties; (v) introducing settlement provision for early disposal and restoration of market forces.Item Determinants of tax revenue performance in tanzania an analysis(2021) Hussein, NassorIt s extensively believed that, the domestic tax revenue performance in the country is mostly driven by internal factors rather than external factors like foreign loans, aids and grants. Thus, assumed that, higher inventions of new reliable sources of domestic government revenue, higher significances of tax revenue performance within country. In Tanzania, there is underperformance in tax revenue collections (Table A2.1). Thus, Tanzania run deficit situation, since, government expenditures exceeds government revenue. Meaning, Tanzania depends on foreign donors and other development partners. This research focus on empirically investigating and analysing major and potential determinants of tax revenue performance influencing domestic tax revenue performance in Tanzania. It s a single-country-level time series analysis from 1992 to 2018; analyzed using E-View and S.P.S.S. Whether independent variables of tax rate (TR), ratio of trade to G.D.P (RTGDP), population (POP), tax base (TB) and control variables; influence dependent variable tax revenue performance in Tanzania TRPT. The findings reveal that, TR; RTGDP; and POP have strong long-run positive relationship with TRPT while TB have long-run negative relationship with TRPT from 1992 to 2018. But, it recommended that, 18 percent V.A.T TR shouldn't be increased, hence, remain unchanged. Also, more openness of exportation and importation of goods and services especially for major commodity groups in Tanzania, with affordable trade terms, less bureaucracy and allowing trade liberalization in Tanzanian economy. Tanzanian population should increase for coming decades so as to enhance capacity to pay and collect taxes with increasing level of population. However, increasing level of population must be accompanied with increasing individual s economic levels and their purchasing powers. On TB; it s recommended that, both taxes on import and local goods and services, taxing subsistence agricultural activities, and export taxes must be reduced significantly in Tanzania