Research Area: Gender and Equality
Title: Impunity and The Culture of Silence: Breaking the Barriers to Justice for Victims of Sex Crimes in Conflict Theatres
Keywords: Impunity, Accountability, Silence, Justice, Prosecution, International Crimes
Author(s): James E. Archibong
Author’s Institution: University of Calabar, Nigeria
Volume 3 - Issue 4
Research Area: Gender and Equality
Abstract: The issue of accountability for perpetrators of sexual violence in theatres of conflict remains an elusive pursuit and unattainable objective. The lack of accountability is largely fueled by underreporting by survivors who are driven by fear of reprisal, stigma and rejection to keep silent. Other obstacles to justice include weak legal and judicial system, ignorance, cost and other extraneous factors. This work urges an end to the silence, justice for the victims and accountability for perpetrators. In doing so, victims and witnesses should be accorded protection; and the judicial process should be reformed, enhanced and made gender-sensitive. It argues further that women should have a voice in appointments and decisions on gender-based issues.
Research Area: Environmental Law
Title: Public Interest Environmental Litigation and Enforcement of Right to Environment in Bangladesh: A Comparative Study from the Global Intersecting Approach
Keywords: Right to Environment, Public Interest Environmental Litigation, Intersecting Approach, Human Rights Norms, Right to Environment and Sustainable Development Nexus, Bangladesh
Author(s): Mahmudul Hasan and Md. Deedarul Islam Bhuiyan
Author’s Institution: George Washington University,USA and Sonargaon University, Bangladesh
Abstract: In absence of a specific right to environment in international human rights instruments, international and regional courts investigate into the existing human rights norms in international instruments to prove the existence of a right to environment. This global trend of intersecting different human right norms to assemble a right to environment is mistaking the conceptual framework of right to environment resulting the national courts to adopt a disfigured approach to protect the right to environment. Bangladesh, not going a different way, is merely following the global trend of intersecting approach. This approach neither recognizes an inclusive right to environment nor offers a comprehensive alternative to the right to environment. Instead, it results in a multiplicity of judicial proceedings, disharmony in judicial interpretations, conservative attitude of court in dealing with environmental claims ensuing the right to environment as a subsidiary right etc. for bringing forth several complexities in the understanding and application of a right to environment. This paper will precisely describe the procedural history of public interest environmental litigation in Bangladesh in order to show how the intersecting approach has become a frequently used tool for enforcing a right to environment in the country. It will also foreground a discussion surrounding the global trend of reading together multiple enumerated human rights in international instruments in order to cobble together something resembling a right to environment and how this approach is contradictory to the fundamental nature of human rights. It will also discuss how the Supreme Court of Bangladesh is missteering by following the global trend of interpreting different constitutional fundamental rights together to assemble a right to environment. By examining the contemporary judicial approach of intersecting different existing fundamental rights to create a right to environment, this paper will argue for an emerging necessity for a judicially enforceable and comprehensively defined right to environment in the Constitution of Bangladesh.
Research Area: Law
Title: Formal Recognition to Advance Pricing Agreements in Mauritius: A Comparative Study
Keywords: Advance Pricing Agreement, Transfer Pricing, Arm’s Length Principle, Transfer Pricing Disputes, Mauritius
Author(s): Ambareen Beebeejaun
Author’s Institution: University of Mauritius Reduit, Mauritius
Abstract: Transfer pricing refers to the process of determining prices in transactions between related parties such as a parent and its subsidiary or associated companies within the same group of companies, or divisions within the same company. There is nothing wrong in practicing transfer pricing but when transfer prices are not concluded at arm’s length, then transfer pricing abuses occur. This leads to numerous adverse effects especially on the tax revenue of countries. One of the ways to tackle transfer pricing manipulation is by concluding an advance pricing agreement (APA) with the tax authorities of the countries concerned prior to determining the transfer price of a particular transaction. This research aims to analyse the efficiency of APAs in combatting transfer pricing abuses and seeks to bring in recommendations which may be of help to Mauritius stakeholders. The method used for the research comprises of the black letter approach whereby analysis is made on the laws of Mauritius, the UK and the USA to analyse the transfer pricing rules in each country. Also, the doctrinal approach will be used so as to critically analyse studies carried out by eminent scholars on the efficiency of APAs in reducing or eliminating transfer pricing abuses. The paper is amongst the first researches conducted on transfer pricing in Mauritius. It aims at responding to the research objectives set out above. In particular, it is recommended that Mauritius laws need amendments to create a legal framework that will give formal recognition to APAs and suggest an appropriate regulatory framework for the APA process.
Research Area: Criminal Law
Title: Unnatural Offences: Decriminalising Homosexuality in India
Keywords: Unnatural, Sodomy, Antagonistic, Vivacity, Morality, Consensual, Mindset of The People
Author(s): Meaha K V
Author’s Institution: Vit School of Law, Chennai, India
Abstract: This analysis paves aspect to question the view of Indian citizens against homosexuality as a crime which unsettles community morality, affability or modesty. By criminalizing Section 377 of IPC, the bylaw will have an advantage to discriminate in the company of citizens. By in search of reforms to the sexual offences with a regular creature constitutional rights prism, we both eliminate the inequality between mutual gender and sexuality based on violence and discrimination. Criminalizing the Section 377 of IPC solely concentrates on punishment for the crime sooner than as long as an epithet of recovered laws and procedures to claim equality according to the article 14 which is the ultimate right of every Indian citizen. If section 377 is abolished, it opens an interface of acceptance and achievement for the LGBT community. Decriminalization would present a stepping deseed for an outdo soul and extra-constitutional rights for a commune that has been oppressed for consequently long. In this article, we will furthermore discuss the view about the fresh verdict of the Supreme Court decriminalizing Section 377 and attain a react whether it would let somebody see India with a progressive light.
Research Area: International Environmantal Law
Title: The Status of The Actio Popularis Under International Environmental Law in Cases of Damage to Global Commons
Keywords: Actio Popularis, Environmental Law, Global Commons, Transnational Environmental Damage
Author(s): Aimite Jorge and Lineekela Usebiu
Author’s Institution: University of Namibia, Namibia
Abstract: In recent years the International Community has seen a rise of what can be termed as ‘actio popularis”; that is to say lawsuits brought by third parties in the interest of the public or the world community as a whole, such as in cases of genocide and terrorism prosecutions under international law. However, unlike the defence of the global commons in cases of terrorism and genocide, there is still to be a clear application of actio popularis in the case of the environment, despite acknowledgement that the effect of the activities of several multinationals on the environment is as destructive to the global commons as genocide or terrorism are. Thus, this paper looking at specific cases of harmful degradation of the environment by certain multinationals transcending national boundaries, argues that it is high time for serious consideration of the application of the actio popularis to environmental concerns. Although it is acknowledged that in international environmental law the challenge to reach a “critical mass” of recognition and support for an ‘actio popularis’ for environmental damage is particularly demanding, it is worth the try.