INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

All research articles published INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

[1] Jonathan Schroden, “Afghanistan’s Security Forces Versus the Taliban: A Net Assessment,” CTC Sentinel, January 2021.

[1] Susannah George, “Afghanistan’s military collapse: Illicit deals and mass desertions,” Washington Post, August 15, 2021; David Zucchino, “Collapse and Conquest: The Taliban Strategy That Seized Afghanistan,” New York Times, August 18, 2021.

[1] Fazelminallah Qazizai, “The Mysterious Public Appearances of the Taliban’s Supreme Leader,” Newlines, December 20, 2021; “Haibatullah Akhundzada: Shadowy Taliban supreme leader whose son was suicide bomber,” Reuters, September 7, 2021.

[1] Martine van Bijlert, “The Focus of the Taliban’s New Government: Internal cohesion, external dominance,” Afghanistan Analysts Network, September 12, 2021.

[1] Stephanie Findlay, “Haqqani network’s clever game culminates with Afghan government roles,” Financial Times, September 10, 2021.

[1] “Who Will Run the Taliban Government?” op. cit.

[1] Zia ur-Rehman and Emily Schmall, “The Taliban have staffing issues. They are looking for help in Pakistan,” New York Times, January 13, 2022.

[1] Khudai Noor Nasar, “Afghanistan: Taliban leaders in bust-up at presidential palace, sources say,” BBC, September 15, 2021; Ali Latifi, “How deep are divisions among the Taliban?” Al Jazeera, September 23, 2021.

[1] Andrew Watkins, “An Assessment of Taliban Rule at Three Months,” CTC Sentinel, November 2021.

[1] Loveday Morris and Ruby Mellen, “Portraits of fear and loss,” Washington Post, January 12, 2022.

[1] Trevor Filseth, “After Renegade Province’s Fall, Panjshir Resistance Leaders Surface in Tajikistan,” National Interest, September 23, 2021; Lachlan Markey, “Taliban resistance ramps up U.S. lobbying efforts,” Axios, October 27, 2021.

[1] Samya Kullab, “Islamic State attacks test Taliban’s control in Afghanistan,” Christian Science Monitor, October 13, 2021; Amira Jadoon and Andrew Mines, “The Taliban can’t take on the Islamic State alone,” War on the Rocks, October 14, 2021

[1] Susannah George and Ezzatullah Mehrdad, “Space for dissent opened in Afghanistan after the Taliban was ousted 20 years ago. Now the militants are trying to slam it shut,” Washington Post, September 12, 2021; “Thousands protest against Taliban in Kandahar over evictions,” Reuters, September 14, 2021.

[1] “Afghan women call for rights, protest alleged Taliban killings,” Al Jazeera, December 28, 2021

[1] Jeff Seldin, “US Calls Death of al-Qaida Official a Major Setback for Terror Group,” Voice of America, October 26, 2020.

[1] Michael Balsamo, et al., “Concerns over US Terror Threat Rising as Taliban hold Grows,” Associated Press, August 15, 2021.

[1] Robert Burns and Lolita Baldor, “US commander: Al-Qaida numbers in Afghanistan up ‘slightly,’” Associated Press, December 10, 2021.

[1] Kathy Gannon, “Taliban say they won’t work with US to contain Islamic State,” Associated Press, October 9, 2021.

[1] See, for example, Remarks by President Biden on the Way Forward in Afghanistan, White House, April 14, 2021.

[1] “Transcript of Taliban’s first news conference in Kabul,” Al Jazeera, August 17, 2021. Sharia refers broadly to concepts and principles of Islamic religious jurisprudence that vary in their interpretation under different schools of practice. For more, see Matthew Nelson, “The Taliban’s (Islamic) Isolation,” Chatham House, October 21, 2020.

[1] John R. Allen and Vanda Felbab-Brown, “The fate of women’s rights in Afghanistan,” Brookings Institution, September 2020

[1] Margherita Stancati, “After Taliban Return, Afghan Women Face Old Pressures from Fathers, Brothers,” New York Times, December 15, 2021.

[1] Rachel Pannett, “Who leads Afghanistan’s new government? Here is what we know about the Taliban’s top officials,” Washington Post, September 8, 2021.

[1] Patricia Grossman, “Afghan women’s rights activists forcibly disappeared,” Human Rights Watch, January 24, 2022; Sudarsan Raghavan, “Faced with disappearances, beatings and intimidation, Afghanistan’s women’s rights activists go quiet on the streets,” Washington Post, February 8, 2022.

[1] David Zucchino and Fatima Faizi, “They Are Thriving After Years of Persecution but Fear a Taliban Deal,” New York Times, March 27, 2019.

[1] Aftab Khan, “PIA prepared to run regular flights to Kabul: CEO,” Express Tribune, November 13, 2021

[1] Courntey Kube et al., “First flight of American evacuees in months leaves Kabul airport for Qatar,” NBC News, January 27, 2022.

[1] See CRS In Focus IF12039, Afghanistan: Humanitarian Crisis, Economic Collapse, and U.S. Sanctions.

[1] “Afghanistan Food Security Update,” World Food Program, December 8, 2021.

[1] “Half of Afghanistan’s children under five expected to suffer from acute malnutrition as hunger takes root for millions,” UNICEF Afghanistan, October 5, 2021.

[1] Jonathan Landay, “U.N. chief: Liquidity needed to stem Afghanistan economic, humanitarian crises,” Reuters, October 11, 2021; U.S. Department of State, “Secretary Antony J. Blinken at a Press Availability,” December 21, 2021.

[1] For more, see CRS In Focus IF10604, Terrorist Groups in Afghanistan, by Clayton Thomas.

[1] White House, Remarks by President Trump on the Strategy in Afghanistan and South Asia, August 21, 2017. Some Pakistani officials disputed that charge and noted the Taliban’s increased territorial control within Afghanistan itself. Author interviews with Pakistani military officials, Rawalpindi, Pakistan, February 21, 2018.

[1] “Pakistani Taliban ends ceasefire, future of peace talks uncertain,” Al Jazeera, December 10, 2021; Abdul Sayed, “The Evolution and Future of Tehreek-e-Taliban Pakistan,” Carnegie Endowment for International Peace, December 21, 2021

[1] Pakistan, the United Nations, and others recognize the 1893 Durand Line as an international boundary, but successive Afghan governments, including the Taliban, have not. See Vinay Kaura, “The Durand Line: A British Legacy Plaguing Afghan-Pakistani Relations,” Middle East Institute, June 27, 2017.

[1] Bruce Pannier, “For the Turkmen and Uzbek leaders, a meeting of minds on Afghanistan,” RFE/RL, October 9, 2021; Orkhan Jalilov, “Turkmen, Afghan Officials Discuss Energy and Transport Projects,” Caspian News, January 18, 2022.

[1] Matthew Funaiole and Brian Hart, “Afghanistan Is No Treasure Trove for China,” Foreign Policy, September 28, 2021.

[1] Senator Jim Inhofe (@JimInhofe), Twitter, April 13, 2021, 1:26PM.

[1] Barbara Sprunt, “There’s a bipartisan backlash to how Biden handled the withdrawal from Afghanistan,” NPR, August 17, 2021.

[1] Letter available at https://crow.house.gov/media/press-releases/representatives-crow-malinowski-meijer-press- president-biden-release.

[1] See, for example, CRS Report R43838, Renewed Great Power Competition: Implications for Defense—Issues for Congress, by Ronald O'Rourke.

[1] Section 124A: The Most Anti-National Thing In India's Independent History, available at: https://thelogicalindian.com/opinion/sedition-section-124a/?infinitescroll=1 (Visited on April 10, 2022).

[1] Shantanu Pachauri & Jhalak Shah, “An Analysis of Sedition Law in India” 1 ResearchGate 3 (2017).

[1] Queen Empress v. Bal Gangadhar Tilak, ILR (1898) 22 Bom 112

[1] Sedition law: A threat to Indian Democracy?, available at: https://www.orfonline.org/expert-speak/sedition-law-threat-indian-democracy/ (Visited on April 3, 2022).

[1] Time to Define Limits of Sedition, Particularly in Context of Media Freedom: SC, available at: https://thewire.in/law/supreme-court-sedition-media-freedom-chandrachud-telugu-channel (Visited on April 3, 2022).

[1] W.P.(C) 2297 of 2021, Judgment Dated: February 19, 2021.

[1] JNU Row: Rahul Gandhi, Arvind Kejriwal Among 9 Booked For Sedition, available at: https://www.ndtv.com/india-news/jnu-row-rahul-gandhi-and-arvind-kejriwal-booked-for-sedition-1282237 (Visited on April 5, 2022).

[1] The “Seditionist” Speech, available at: https://www.outlookindia.com/website/story/the-seditionist-speech/268505 (Visited on April 5, 2022).

[1] Abraham Joseph, India is in breach of its Genocide Convention, THE WIRE (Mar.28, 2022, 05:30 P.M), https://thewire.in/law/genocide-ontario-1984

[1] Mohi Kumar, Genocide under International Law, LEGAL SERVICES INDIA (Mar. 28, 2022, 05:30 P.M), https://www.legalserviceindia.com/article/l433-Genocide-Under-International-Criminal-Law.html

[1] William J. Davey, “The WTO Dispute Settlement Mechanism”, (2003) (Research paper No 03-08, University of Illinois, College of Law).

[1] Magda Shahin, “WTO Dispute Settlement for a middle-income developing country: the situation of Egypt” in Gregory Shaffer, Manfred Elsig. (eds.), The Law and Politics of WTO Dispute Settlement, 275-276 (oxford University press, California, Irvine, ed. 2016).

[1] Gregory Shaffer “The challenges of WTO law – strategies for developing country adaptation” World Trade Review 177 (2006).

[1] James HeadenPfitzer and Sheila Sabune, “Burden of Proof in WTO Dispute Settlement: Contemplating Preponderance of the Evidence” 9 International Centre for Trade and Sustainable Development, p.5-6(2009).

[1] Ross Becfroft, The Standard of Review in WTO Dispute Settlement: Critique and Contention, (Edward Elgar Publishing Ltd., ed. 2012).

[1] Stefan Zleptnig, “The Standard of Review in WTO Law: An Analysis of Law, Legitimacy and the Distribution of Legal and Political Authority” Vol. 6 European Integration online Papers (EIoP), p.6,13. (2002). Available online,

http://eiop.or.at/eiop/texte/2002-017a.htm, visited on 10^th Oct, 17

[1] Matthias Oesch, “Standards of Review in WTO Dispute Resolution”, 6 J. INT'L ECON. L. P.637-39 (2003)

[1] De nova has a literal English translation of ‘ Anew’. See Concise Law Dictionary, Sweet and Maxwell, (2005)

[1] William Wade, Administrative Law, 309-10(Oxford University Press, 10^th ed. 2009)

[1] See Appellate Body Report , Japan-Alcoholic Beverage II, 13-14.

[1] The function of panels is to assist the DSB in discharging its responsibilities under this understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements and make such other findings as well to assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreement.

[1] Holgar Spamann, “Standard of Review for World Trade Organisation Panels in Trade Remedy Cases: A Critical Analysis”, 38(3) Journal of World Trade, p. 540(2004)

[1] Catherine Button, The Power to Protect: Trade Health and Uncertainty in the WTO, p.168, (Hart publishing, 2004)

[1] Panel Report, United States-Measure Affecting Import of Woven Wool Shirt and Blouses from India, WT/DS33/R, adopted 23 May 1997, as upheld by Appellate Body Report WT/DS33/AB/R, DSR 1997:I, 343.

[1]See, Appellate Body Report Japan-Agricultural product II, WT/DS7/R, adopted 19^th March 1999, as modified by Appellate Body Report WT/DS7/AB/R, DSR 1999:I, 315.

[1] See,Appellate Body Report, United States-Anti Dumping Measures on Certain Hot-Rolled Steel products from Japan, WT/DS184/AB/R adopted 23 August 2001, DSR2001: X, 4697.

[1] See, Appellate Body Report US-Transitional Safeguard Measure on Combed Cotton Yarn from Pakistan. WT/DS192/AB/R, adopted 5^th nov 2001: XII, 6027.

[1] See, Appellate Body Report, Argentina-Safeguard Measures on Import of Footwear Footwear(EC), WT/DS121/AB/R, adopted 12^th Jan 2000, DSR2000:I,515.

[1] See, Appellate Body Report, United States-Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities, WT/DS166/AB/R, adopted 19^th Jan 2001, DSR2001:II 717.

[1] See, Appellate Body Report, United States-Measures Relating to Zeroing and Sunset Reviews, WT/DS322/R, DSR2007:I,3.

[1] See, Article 11 of Dispute Settlement Understanding, which provides that the function of the panel is to assist the Dispute Settlement Body in discharging it responsibility under this understanding. Panel should make an objective assessment of the matter before it, including an objective assessment of the fact of the case and the applicability of the conformity with the relevant covered agreements, and make other such findings as will assist the DSB in making the recommendation or in giving the ruling provided in the covered agreement.

complaint has been brought shall be asked to present its point of view. The DSU also permits the parties to settle their disputes at any stage during panel or Appellate Body proceedings, and complaints may withdraw complaint at any time.

[1] Holgar Spamann, “Standard of Review for World Trade Organisation Panels in Trade Remedy Cases: A Critical Analysis”, 38(3) Journal of World Trade, p. 551(2004)

[1] See Appellate Body Report, EC-Hormones (Para 133.)

[1] Andrew D. Mitchell, ‘Good Faith in WTO Dispute Settlement’, 7(2) Melbourne Journal of International Law, 339 (2006).

[1] Ross .Becroft, ‘The Standard of Review Strikes Back: the US-Korea DRAMS Appeal’ 9(1) Journal of International Economic Law, p. 207(2006)

[1] Matthias Oesch, Standard of Review in WTO Dispute Resolution, p.42(Oxford University Press, 2003).

[1] D.M. McRae, “The WTO in International Law: Tradition Continued or New Frontier?” 3(27) Journal of International Economic Law, pp. 32-33 (2000).

[1] A. Das and J. Raghuram, ‘One Too Many: Significant Contributions of India to the WTO Dispute Settlement Jurisprudence’, in A. Das and J.J. Nedumpara (eds.), WTO Dispute Settlement at Twenty,75 (Springer Nature, Singapore, 2016).

[1] John J. Barceló III, ‘Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement’, Cornell Law Faculty Publications. Paper 119, (2009).

[1] H. Richard, Gaskin, Burdens of Proof in Modern Discourse, p.4 (Yale, 1992).

[1] D. Petko Kantchevski, The Differences Between the Panel Procedures of the GATT and the WTO: The Role of GATT and WTO Panels in Trade Dispute Settlement, 3 BYU Int’l L. & Mgmt. Rev. 79, 97 (2006).

[1] Appellate Body Report on United States—Measures Affecting Imports of Woven Wool Shirts and Blouses

[1] See Appellate Body Report, Japan – Apples, para. 166; and Appellate Body Report, Dominican Republic – Import and Sale of Cigarettes, para. 82.

[1] See, Appellate Body Report, United States – Laws, Regulations and Methodology For Calculating Dumping Margins (“Zeroing”), WT/DS294/AB/R (18 April 2006) Para. 220.

[1] Tushnet, Mark. 2014. Advanced Introduction to Comparative Constitutional Law. Chapter-2.

[1] There was an average of 2.29 deferral by law clauses found in the Constitutions with deferrals being comparatively more common in Africa and South Asia than anywhere else (infra footnote 4)

[1] Dixon, Rosalind & Ginsburg, Tom. (2011). Deciding Not to Decide: Deferral in Constitutional Design. International Journal of Constitutional Law. 9. 10.1093/icon/mor041.

[1] Article 6 (3) of The Constitution of the Islamic Republic of Pakistan 1973

[1] Article 6 (2) of The Constitution of the People’s Republic of Bangladesh 1972

[1] Article 3 and Article 169 of The Constitution of India 1949

[1] Article 105 (4) of Constitution of The Democratic Socialist Republic of Sri Lanka 1978

[1] Article 87 (2) of Constitution of The Democratic Socialist Republic of Sri Lanka 1978

[1] Articles 15 to 23 of the Constitution of The Islamic Republic of Pakistan 1973, Articles 14 to 35 of the Constitution of India 1949, Articles 17 to 25 of the Constitution of Nepal 2015, Articles 36 to 45 of The Constitution of the People’s Republic of Bangladesh 1972, Article 15 of the Constitution of The Democratic Socialist Republic of Sri Lanka 1978

[1] Article 19 of the Constitution of the Islamic Republic of Pakistan 1973 & Article 19 (2) of the Constitution of India 1949.

[1] Bandhua Mukti Morcha v Union of India and Ors 1984 AIR 802

IJLRA	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
IEEE	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)

Paternity Leaves: The Labour Law Dynamic (By Jaishree Bhadauria)

Afghanistan: Backgroung and U.S. policy in brief (By Pooja & Keshvam Punj)

Sedition: A Boon Or Bane To Indian Democracy? (By Lakshya Jauhari & Tripti Taneja)

Reverse Corporate Insolvency Resolution Procedure: An Analysis (By Anjali Sharma)

A Critical Analysis on the Concept of Genocide from Indian Perspective (By Rakshandha Darak)

Dispute Settlement Mechanism Of WTO: A Study Of Constitutional Constraints (By Kailash Kumar Sharma)

Keeping It For A Later Day: The Use Of “By Law” Clauses In South Asian Constitutions (By Vineet Kumar & Preetam Bharti)

Covid – 19 Vis-A-Vis Labour Laws In India: Pro-Make In India Or Anti- Human Rights? (By Deboleena Dutta)

PRIVACY OF RAPE VICTIMS: INADEQUATE PROTECTION FROM THE CRIMINAL JUSTICE SYSTEM (Authored By SHERIN FARHANA EV & M Shamima Parveen (Assistant Professor)

Metaverse Gaming And Its Legal Aspects (By Krishna K.G)

LAW JOURNAL

IMPORTANT LINKS

ETHICS & POLICY

Citation

Citation

Citation

[1] SC Asks Centre Why 'Colonial Era' Sedition Law Is Needed 75 Years After Independence, available at: https://thewire.in/law/supreme-court-sedition-colonial-era-independence-section-124a (Visited on April 2, 2022).

Citation

[1] India: Orders Under Insolvency and Bankruptcy Code W.R.T. Corporate Persons, Manoj K Singh, Daizy Chawla, 25th March 2020, https://www.mondaq.com/india/insolvencybankruptcy/905776/orders-under-insolvency-and-bankruptcy-code-wrt-corporate-persons

Citation

Citation

Citation

Citation

Citation

Citation

Citation 2

[1] India: Orders Under Insolvency and Bankruptcy Code W.R.T. Corporate Persons, Manoj K Singh, Daizy Chawla, 25^th March 2020, https://www.mondaq.com/india/insolvencybankruptcy/905776/orders-under-insolvency-and-bankruptcy-code-wrt-corporate-persons