INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

SIGNIFICANCE OF IP CLAUSES IN A FASHION AGREEMENT: AN ANALYSIS BY - DEEKSHA KATHAYAT

Authors: DEEKSHA KATHAYAT

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Year : Nov -2024 | Volume: II | Issue: 7

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INFORMATION ACCESS THROUGH RTI ACT, 2005; A TOOL TO ENHANCE CIVIC EMPOWERMENT AND ENGAGEMENT BY - ANU RAPHY

Authors: ANU RAPHY

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Decriminalization Of Minor Offences BY - SHREYA S, GOWSHIHA A & SHRAYASHTA MD

Authors: SHREYA S, GOWSHIHA A & SHRAYASHTA MD

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TAX EVASION AND THE GENERATION OF BLACK MONEY IN INDIAN ECONOMY: A CRITICAL ANALYSIS BY - ASHISH PATHAK

Authors: ASHISH PATHAK

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REGULATING THE PRINCIPLES OF THE INTERNATIONAL ENVIRONMENTAL LAW A CRITICAL ANALAYSIS WITH RESPECT TO ENVIRONMENT BY - JASLEEN KAUR BAHRI , SHREEYA BISWAS & MOHD YASIR KHAN

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ABORTION AS LEGAL RIGHT IN INDIA BY – DAKSHBIR & ADITYA KAUSHIK

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CASE ANALYSIS ON: SUPREME COURT ADVOCATES ON RECORD V. UNION OF INDIA BY: ANANYA SACHDEVA & CHARU MEDHA S.K.

Authors: ANANYA SACHDEVA & CHARU MEDHA S.K.

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“INDEPENDENCE OF JUDICIARY: A COMPARATIVE ANALYSIS BETWEEN INDIA AND NEW ZEALAND” BY - SHRISHTI VERMA

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PROTECTION OF LGBTQ AND REFUGEES: ADDRESSING PERSECUTION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY IN INTERNATIONAL REFUGEE LAW BY - SAMRIDHI MITTAL

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CULTURAL DIMENSION OF GLOBALIZATION AND IT’S ROLE IN GROWTH BY: DINESH VERMA

Authors: DINESH VERMA

Registration ID: 108660 | Published Paper ID: IJLRA8660

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DOI Link :: https://www.doi-ds.org/doilink/11.2024-94263244/CULTURAL DIMENSION OF GLOBALIZATION AND IT’S ROL

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[1] P. Rathinam v. Union of India on 26 April 1994

[2] Kachrulal Bhagirath Agrawal & Ors vs State of Maharashtra & Ors on 22 September, 2004

[3] Directorate General of C.Ex. Intelligence vs State

[1] WWW. CONSTITUTIONOFINDIA.NET (Last visited May. 2, 2024) Read - Constitution of India

[3] Income Tax Act, 1961, S. 4, Acts of Parliament (India)

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[5] “Top 10 biggest Income Tax raid in India” 2024 Clear Tax, May 20, Biggest Income Tax Raid in India | Top 10 Biggest Income Tax Raid in India (cleartax.in)

[6] A Tax haven country has zero or very less tax rates and it does not share the information of the depositor with other nations.

[7] 73^rd Report, Standing Committee on Finance (2018-2019). https://taxguru.in/income-tax/status-unaccounted-income-wealth-country-critical-analysis.html. (24^th June 2019)

[8] Richard Mahapatra, Tax avoided by corporate groups can eradicate global poverty, Down To Earth, https://www.downtoearth.org.in/blog/economy/tax-avoided-by-corporate-groups-can-eradicate-global-poverty-66243, August 20, 2018

[9] Virendra Singh Ghunavat, Munish Chandra Pandey, Mastermind of Nirav Modi- PNB scam reveals how he helped carry out fraud transactions, 2022, India Today news, Apr. 11, https://www.indiatoday.in/india/story/rs-11-400-crore-pnb-fraud-ed-may-attach-properties-of-nirav-modi-mehul-choksi-cbi-seals-brady-house-branch-1172622-2018-02-19.

[11] https://www.rauias.com/daily-current-affairs-for-upsc-ias/double-tax-avoidance-agreement-cairn-energy-upsc/

[12] Mittal D.P. 2014, Indian Double Taxation Agreements and Tax Laws, 104, (Taxman’s Publications 2014)

[13] Ibid

[14] A Resident refers to a person who as per the relevant laws of the Contracting States, i.e. India and the US are liable to pay tax by reason of domicile, residence, citizenship, place of management, place of incorporation, etc.

[15] Sukanta Sarkar, The Parallel Economy in India: Causes Impact and Government Initiative, Economic Journal of Development Issues, 124, 124-125.

[16] No official estimate of black money I foreign accounts in last 5 years: Govt. in Parliament, Times of India News, April 7, 2022, https://timesofindia.indiatimes.com/business/india-business/no-official-estimation-of-black-money-in-foreign-accounts-in-last-5-years-govt-in-parliament/articleshow/88279663.cms

[17]Indians’ funds in Swiss banks climb to Rs. 20,700 crores, highest in 13 years, India Today news, April 12, 2022, https://www.indiatoday.in/business/story/indian-black-money-swiss-bank-accounts-latest-estimate-1816211-2021-06-17

[18] Dr. Pradip Kumar Das, The Menace of Black Money in India, Archives of Business Research 7, 77-87

[1] Author

[2] Co- Author

[3] Co- Author 2

[4] Wilkinson, D., “Environment and Law” (London: Routledge, 2002), 100.

[5] (1938/1941) 3 R.I.A.A. 1905.

[6] See also the Corfu Channel Case (UK v. Albania (1949) ICJ Rep. 4.

[7] See principle 2 of the Rio Declaration on the Environment and Development, 1992 containing same principle.

[8] Ibid.

[9] Ibid.

[10] [1991] SDNY 668.

[11] Kramer, L., “E. C Treaty and Environmental Law” (London: Sweet & Maxwell, 1995), 53.

[12] Supra 3, 245.

[13] Thornton, J., and Bekwith, S., “Environmental Law” (London: Sweet & Maxwell, 1997), 38.

[14] Ibid.

[15] Nichols v. Natural parks & Wildlife Service [1994]5 Env. 1 ; Per Talbot J.

[16] Supra 23.

[17] Supra 1, 121.

[18] Ibid.

[19] Burge, H.C., “The principles of Polluter pays in economic Law”, in Law and Economics, ed. Eide, E. and Van der Bergh, R. (Oslo: Juridisk Forlag, 1996), 16.

[20] Supra 3, 247.

[21] Report of the World Commission on Environment and Development: Our Common Future, 1987 (The Brundtland Report.).

[22] McGoldrick, D., “Sustainable Development and Human Right: An integrated conception” International and Comparative Law Quarterly 45 (1996) 796-818, available at: <http://www.jstor.org/stable/760584> (accessed: October 21, 2017).

[23] Supra 22, 41.

[24] Hayward, Steven, “Sustainability and Non-Renewable Resources”, Mackinac Center for Public Policy, available at: <https://www.mackinac.org/2843> (accessed: October 22, 2017).

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^[87] Advocates-on-Record Assn. v. Union of India 2015 SCC OnLine SC 964.

^[90] Law commission of India, Report on Reforms of judicial Amendment, Vol 1 pp. 36-37---sec CAD Vol III, p 254

[2] Sexual Orientation and Gender Identity Guidelines, The UNHCR Executive Committee “strongly condemns persecution through sexual violence” and “supports the recognition as refugees of persons whose claim to refugee status is based upon a well-founded fear of persecution, through sexual violence, for reasons of race, religion, nationality, membership of a particular social group or political opinion.” UNHCR Exec. Comm., Conclusion on International Protection No. 73 on Refugee Protection and Sexual Violence (1993).

[3] Sexual Orientation and Gender Identity Guidelines, see also Pitcherskaia v. INS, 118 F.3d 641, 646-47 (9th Cir. 1997) (holding that involuntary treatment and confinement, including forced institutionalization, electroshock treatments, and drug injections, even if administered to “cure” a supposed illness due to the applicant’s sexual orientation, may constitute persecution).

[4] Sexual Orientation and Gender Identity Guidelines; UNHCR, Guidelines on International Protection No. 8: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refuge, (Sept. 22, 2009) [hereinafter Child Guidelines].

[5] Summary Conclusions: Asylum-Seekers and Refugees Seeking Protection on Account of their Sexual Orientation and Gender Identity Expert roundtable organized by the United Nations High Commissioner for Refugees, Geneva, Switzerland, 30 September - 1 October 2010

[6] UNHCR, Guidelines on International Protection No. 2: “Membership of a Particular Social Group” Within the Context of Article 1A (2) of the 1951 Convention and/or Its 1967 Protocol Relating to the Status of Refugees

[7] Henrique Zanin and Antonio Rodrigues de Freitas Junior, LGBTQI+ asylum seekers and refugees: Recognition and public policies for protection, International Journal of Population Studies, Volume 10 Issue 2, (page-104) (2024)

[8] Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicant v State Secretary for Justice, D12-51, 13 August 1981.

[9] Germany, Regional Administrative Court [Verwaltungsgerichte], X v the Federal Republic of Germany, 4 K 2631/20. A, 17 February 2022.

[10] Council of Europe, European Court of Human Rights [ECtHR], B and C v Switzerland, applications nos. 43987/16 and 889/19, ECLI: CE: ECHR:2020:1117JUD000088919, 17 November 2020.

[11] Netherlands, Court of The Hague [Rechtbank Den Haag], Applicant (2) v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), NL21.10059, ECLI:NL: RBDHA:2022:11904, 09 November 2022.

[1] Globalization simply refers to the ongoing process that is making the economies, cultures, and peoples of the world interdependent in international trade, communication, technology, and travel. It allows for the distribution of goods, services, information, and even cultural habits across borders, effectively creating a more integrated world society. (Ram Ahuja, Social Problems in India, Rawat Publications, Jaipur, 4^th Edition, 2021)

[2] These are the manifestations of the mind, that is, thoughts, concepts, or the mental images so developed through reasoning, imagination, or observation. Ideas can be said to be abstract or concrete and form the very spine of invention, problem-solving, and cultural expression. During globalization, ideas cross borders more often, thereby influencing or shaping changes in society and global discourse. (C.N. Shankar Rao, Sociology, Principles of Sociology with an Introduction to Sociological Thought, S Chand And Company Limited, New Delhi, 7^th Edition 2012, Reprint 2019)

[3] Values are those principles or standards of behaviour regarded as important and desirable by an individual or group. Usually, values have deep roots in some cultural, religious, or ethical tradition. Values determine decisions and conduct and are manifested in attitudes. Globalization speeds up the process of interchange of values among cultures, and this makes changes in the way a society looks at things and its accepted norms. (Id, page no. 482)

[4] The practices are those actions, behaviours, or customs that people or groups usually take up from traditional or normalized conventions or learned behaviour. These will include cultural rituals, social behaviour, and professional methodologies. Globalization may cause one culture to borrow or adapt practices from another culture, thereby forming new hybrid types of behaviour. (Supra 2)

[5] Ram Ahuja, Social Problems in India, Rawat Publications, Jaipur, 4^th Edition, 2021, page no. 361

[6] Shashwata Sahu and Bidyutprabha Thakur, Law and Justice in a Globalizing World (An LL.M. Companion), Asia Law House, Hyderabad, Ist Edition 2024

[12] The global dominance of the American film industry is a key example of cultural globalization. Hollywood movies such as Titanic, Star Wars, or The Avengers have massive international audiences, shaping global pop culture and influencing trends in fashion, language, and social values. ((PDF) American Film Industry: Shaping Global Perceptions?)

[13] Originating in the African-American communities of New Orleans in the early 20th century, jazz became a global phenomenon, influencing music across different cultures. Artists like Louis Armstrong and Miles Davis helped spread jazz internationally, influencing a wide range of musical genres. (Jazz Music - Origins and Influence - Musical Mum)

[14] Rock 'n' roll, which began in the U.S. in the 1950s, had a profound influence on global music culture. Icons like Elvis Presley and The Beatles (later from the UK) helped spread the genre worldwide, contributing to the development of youth culture, fashion, and social movements in the 1960s. (The birth and rise of Rock 'n' Roll in the 1950s and 1960s - History Skills )

[15] Global fast-food chains like McDonald's, KFC, and Burger King are quintessential examples of Americanization. These brands, with standardized menus and fast service, are present in nearly every part of the world, symbolizing not only American convenience culture but also the globalization of consumer goods. (Supra 5)

[16] Madhavi Goradia Divan, Facets of Media Law, EBC Publishing (P) Ltd., Lucknow, 3^rd Edition, 2022

[17] Mass media refers to a diverse array of media technologies (television, radio, newspapers, and the internet) that reach a large audience. It has played a major role in spreading Western values globally by making cultural products, such as movies and news, available across the world. Networks like CNN and the BBC influence global opinions on politics, lifestyle, and trends. (Ibid)

[18] Launched in 2005, YouTube is a global video-sharing platform that allows users to upload, share, and view content. It has become a major cultural force, influencing global trends, education, and entertainment, from music videos to viral challenges. (YouTube: What is YouTube? )

[19] Created in 2004, Facebook is a social media platform that connects people globally, allowing them to share content, communicate, and engage with businesses and social causes. It has been a key player in the global spread of digital culture and communication. (How Facebook Changed The Internet As We Know It - Tech)

[20] Twitter, launched in 2006, is a microblogging platform known for its short, real-time updates. It has been used for everything from political discourse to entertainment, and it plays a significant role in shaping global public opinion, news, and social movements (e.g., #BlackLivesMatter). (Twitter history timeline )

[21] Instagram, launched in 2010, is a photo and video-sharing platform that has become a global phenomenon, particularly in terms of influencing fashion, beauty, and lifestyle. It has turned influencers into global celebrities and contributed to the rise of visual-based communication in the digital age. (Instagram - Wikipedia )

[23] K-pop (Korean pop music) is a South Korean music genre that has gained immense global popularity, thanks to groups like BTS and BLACKPINK. It mixes Western musical styles with Korean cultural elements and has created a massive fanbase across Asia, Europe, and the Americas. (K-pop - Wikipedia )

[24] Anime refers to Japanese animated television shows and films, known for their distinct art style and storytelling. Popular anime like Naruto, Dragon Ball, and My Neighbor Totoro have garnered international fanbases and influenced global animation and pop culture. (Anime - Wikipedia)

[25] Bollywood is the Hindi-language film industry based in Mumbai, India, known for its vibrant musical numbers, dramatic storytelling, and colourful cinematography. Films like 3 Idiots, Dangal, and Sholay have crossed borders and found audiences worldwide, representing the global influence of Indian cinema. (Hindi cinema - Wikipedia )

[26] African music, including genres like Afrobeats and Highlife, has gained global recognition in recent years. Artists like Burna Boy, Wizkid, and Yemi Alade have brought African rhythms and styles to international platforms, influencing global pop music and reshaping cultural perceptions of Africa. (The Rise of Afrobeat: How African Music is Taking Over the World - African Vibes)

[27] Westernization refers to the process by which non-Western countries or societies adopt or are influenced by Western culture, values, technology, and lifestyle. This can include aspects such as democratic institutions, industrial capitalism, individualism, secularism, and scientific approaches, often originating from Europe and North America. Westernization often occurs through trade, colonization, education, media, and technological innovations. (Supra 2, page no. 345)

Example: The adoption of Western clothing styles, legal systems, or political institutions in countries such as Japan during the Meiji Restoration.

[28] Americanization is a subset of Westernization, specifically focusing on the influence of American culture and practices on other countries. It refers to the global spread of American values, lifestyles, brands, media, and entertainment, often driven by the dominance of the U.S. economy and cultural products such as movies, music, and consumer goods.

Example: The global popularity of American fast-food chains like McDonald's, Starbucks, and Coca-Cola, which have become symbols of American influence around the world. (Americanization, Westernization, Sinification: Modernization or Globalization in China? | Global America? The Cultural Consequences of Globalization | Liverpool Scholarship Online | Oxford Academic) )

[30] Netflix is a global streaming platform that offers a wide variety of TV shows, movies, and original content. Some of its internationally successful shows include Stranger Things, Money Heist (La Casa de Papel), and The Crown. Netflix's original content, including series, documentaries, and films from various countries, has helped to globalize entertainment. (Netflix India – Watch TV Shows Online, Watch Movies Online )

[31] Disney is a global entertainment conglomerate known for its animated films, theme parks, and franchises. Classic animated films like The Lion King and Frozen have captivated audiences worldwide. Disney also owns popular franchises such as Star Wars and Marvel, which dominate global box offices. Disney+ has further expanded Disney's global reach in streaming. (The Walt Disney Company - Wikipedia)

[32] The British Broadcasting Corporation (BBC) is a public service broadcaster that produces a wide range of content, including news, documentaries, and dramas. Globally popular series from the BBC include Doctor Who, Sherlock, and Planet Earth. The BBC is also a major source of international news and cultural content, influencing global perspectives. (Learn more about what we do)

[33] Bollywood films like Dilwale Dulhania Le Jayenge (1995), 3 Idiots (2009), and Dangal (2016) have not only dominated Indian cinema but have gained massive international appeal, especially among South Asian diasporas and beyond. These films often mix drama, romance, and social themes, with rich musical and dance sequences. (Top 26 Must-Watch Bollywood Movies | List of Best Indian Films | Filmfare.com)

[34] Popular Indian TV shows such as Sacred Games (2018) on Netflix and Mirzapur (2018) on Amazon Prime have introduced global audiences to Indian storytelling in the crime thriller and action genres. Other soap operas and drama series like Yeh Rishta Kya Kehlata Hai have also had a significant cultural impact in India. (10 Shows Like Mirzapur You Must See)

[35] Bollywood music videos, featuring songs from films like Kabhi Khushi Kabhie Gham and Kal Ho Naa Ho, have a massive global following. Independent Indian music, such as AR Rahman's Jai Ho or the rise of Punjabi and hip-hop music videos by artists like Badshah and Guru Randhawa, have further expanded India's global cultural influence. (32 best love songs from Bollywood for when you have a crush | Vogue India)

[36] Harry Potter series by J.K. Rowling (UK) has influenced global pop culture with its magical world.

One Hundred Years of Solitude by Gabriel García Márquez (Colombia) is a classic example of magical realism that has impacted literature worldwide. (Harry Potter | Official home of Harry Potter, Hogwarts Sorting, and the Wizarding World)

Things Fall Apart by Chinua Achebe (Nigeria) explores colonialism's effects in Africa and is widely studied globally.

[37] The Beatles (UK) revolutionized global pop music and set the stage for modern rock and pop culture.

Beyoncé (USA) has influenced both the global music industry and social movements with hits like Single Ladies and Formation. (The Beatles: Rebels Of Music And Cultural Change | TaprootMusic.com)

BTS (South Korea) is a global phenomenon in the K-pop genre, known for their record-breaking albums and international fanbase.

[38] Parasite (South Korea) won the Academy Award for Best Picture in 2020, highlighting global appreciation for non-English films.

The Godfather (USA) is considered one of the greatest films ever made and has had a massive influence on cinema worldwide. (Oscars 2020: South Korea's Parasite makes history by winning best picture)

Amélie (France) charmed international audiences with its whimsical storytelling and picturesque view of Paris.

[39] Gucci (Italy) is known for its luxury fashion and has a significant influence on global high fashion.

Levi's (USA) jeans became a global symbol of casual, everyday wear.

Sari (India) is a traditional garment that has not only been a cultural staple in South Asia but is also increasingly seen in international fashion shows, blending tradition and modern style.

[44] In countries like New Zealand, the education system emphasizes the importance of preserving the M?ori language and culture. Schools incorporate lessons about M?ori traditions, language (Te Reo M?ori), and history into the curriculum to ensure that younger generations remain connected to their heritage. Additionally, global programs like UNESCO’s "Education for Sustainable Development" promote intercultural understanding by teaching students about the importance of cultural diversity and mutual respect, encouraging them to appreciate both their own heritage and that of others. (A Critique of New Zealand’s Exclusive Approach to Intercultural Education | New Zealand Journal of Educational Studies)

[46] Spotify, a global music streaming platform, plays a crucial role in promoting cultural diversity by making music from all over the world accessible to a global audience. For example, Spotify's playlists such as "Global X," "African Heat," and "K-Pop Daebak" showcase music from various cultures, allowing non-Western artists to reach international listeners. This contributes to the global popularity of genres like Afrobeats, Latin music, and K-pop, highlighting the platform's commitment to fair representation of diverse cultural content. (Spotify’s Global Strategy: A Song of Music Streaming Dominance – Accelingo)

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