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Volume Ii: Issue 4 December 2020 VOLUME II: ISSUE 4 DECEMBER 2020 Email: [email protected] Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in DISCLAIMER No part of this publication may be reproduced or copied in any form, by any means and without the prior written permission of the Editor-in-chief of Corpus Juris – The Law Journal. The Editorial Team of Corpus Juris holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of Corpus Juris or the Publisher, Adv. Sunil Chauhan. Though all efforts are made to ensure the accuracy and correctness of the information published, Corpus Juris shall not be responsible for any errors caused due to oversight or otherwise. Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in ABOUT US Corpus Juris is an open access, peer reviewed journal which aims at generating a dialogue. The journal does not restrict its authors by any specific theme, thereby allowing professionals, academic researchers and law students to express their views unabashedly on matters of their interest. The ideology of Corpus Juris emanates from the acumen and philanthropic vision of its founders who maintain that no original thought process should be invalidated in order to ensure a staunch inclusive learning process. Our humble attempt to reinstate the lost atmosphere of legal research is focused on improving research writing experiences for all stakeholders in the legal community. After our previous edition which garnered an outreach of national as well as international students and practicing professionals, Corpus Juris has seen an enormous growth, because of you, its readers and our contributors. With this thought, we hereby present to you Corpus Juris: The Law Journal Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in EDITORIAL BOARD Editor-in-Chief Adv. Vatsala Chauhan Managing Partner, Corpus Juris Legal. Additional Editor-in-Chief Adv. Vidushi Sinha Partner, Corpus Juris Legal & Founder, Saamarthya. Daksha Fellow Editor Mrs. Swati Bajaj Assistant Professor, Amity Law School, Delhi (GGSIPU) Associate Editor Adv. Vatsala Bhatt Advocate, Tuli & Co. Associate Editor Adv. Adamaya Pal Singh Advocate Editor (Honorary) Mr. Amit Srivastava COO, Viraj Constructions. Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in PANEL OF REVIEWERS Mr. Aagam Jain Student, B.A. LL.B. (Hons.), National Law School of India University, Bangalore. Mr. Arpit Vihan LL.M., Jindal Global Law School, B.A. LL.B. (Hons.) Dr. RML National Law University, Lucknow. Mr. Altamish Siddiki Advocate, Delhi High Court Student, B.A. LL.B. (Hons.), Faculty of Law, Aligarh Muslim University. Mr. Indrashish Majumder Student, B.A LL.B. (Hons.), National Law University Odisha, Cuttack. Mr. Ishan Mazumder Student, B.A. LL.B. (Hons.), West Bengal National University of Juridical Sciences, Kolkata Ms. Kritika Shrivastava Student, BBA LL.B. (Hons.), Symbiosis Law School, Pune. Ms. Madhulika Iyer Student, BBA LL.B. (Hons.), Symbiosis Law School, Pune. Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in Mr. Murtaza Mohiqi PhD (Private Law) Ferdowsi University of Mashhad, Scientific Board Member of Gharjistan University, Afghanistan Mr. Pushpit Singh Student, BBA LL.B. (Hons.) Symbiosis Law School, Hyderabad Mr. Raunak Chaturvedi Student, BBA LL.B (Hons.) Amity Law School, Amity University, Kolkata Mr. Valan Student, B.A. LL.B. (Hons.) Tamil Nadu National Law University, Trichy Ms. Vaishali Singh Ph.D. Research Scholar, Himachal Pradesh National Law University, Shimla LL.M., Himachal Pradesh National Law University, Shimla B.L.S. LL.B.(Hons.), Government Law College, Mumbai. Ms. Vasundhara Kaushik Student, B.A LL.B. (Hons.) Faculty of Law, University of Allahabad, Uttar Pradesh. Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in OUR TEAM This publication would not have been possible without the constant support and relentless efforts of our entire team. At the outset, we are very grateful to all the authors who have contributed their pieces and are now a part of our community. We’ve learnt immensely from all of them and have been marvelled by the unique ideas that they brought to the table. The cohort of interns from September to December have been an incredible source of inspiration and encouragement. They have motivated us to continually endeavour to make this journal a success. Lastly, we really appreciate the work done by the Panel of Reviewers & Content Managers. They have tirelessly been involved in quality control processes for the journal and we are eternally grateful for their commitment towards Corpus Juris! The Editorial Board would especially like to thank Hamda & Priyanshi for coordinating all intern efforts throughout the issue and the entire set of interns including Shalini, Pratik, Rayman, Yashasvi, Aratrika, Prakhar, Somesh, Sneha, Megha, Ashwin, Minnah and Abhijeet, who greatly assisted in streamlining this publication! Thank you all for being a part of the ever-growing CJ community! Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in CONTENT S. No. Title Author(s) Page No. An Exploration of the Right to 1. Development and its Implementation Vyoma Dalal 1 in the Modern Era Analyzing the Exclusionary terms in 2. Shivani Malik 20 Copyright Licensing Agreements 3. Artificial Intelligence Sehaj Sarin 47 Assessing the curtailment of Article 19(1)(g) amidst pandemic for the 4. Gayatri Batra 55 greater good and its related consequences. Building a Democracy: Tracing the Historical Development of 5. Ayushi Kushwaha 64 Democracy in India with Special Reference to Multi-Party System Case Comment: Committee of Creditors of Essar Steel India Limited 6. Shambhavi Singh 79 v. Satish Kumar Gupta & Ors. Comparative Study of Laws about 7. Banking and Insurance in India, Rishabh Sinha 87 Germany, and Canada. Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in Complications in Patenting Devanshi Lohia 8. Biotechnological Inventions in India - & 100 An Analysis Aastha Kejriwal Ayushi Tandon Contemporary Position of Same-Sex 9. & 121 Marriage in India Manvi Garg Shobicka J B Cyberbullying and the Rise of the Right 10. & 132 to be Forgotten. Shreyas N R Global Arms Trade and its Effect on Conflict Zones with 11. Emphasis on the Applicability of the Manaved Nambiar 142 Arms Trade Treaty Towards Non-State Actors Highlighting the Shades of Diplomacy Bhavesh Gupta 12. with pointing towards the need of & 161 Trans-Civilizational World Nikita Khanna Media Trial and the Administration of 13. Vikash Kumar 183 Justice Dev Bhankaria Mediation as an Alternative to Property 14. & 202 Disputes PraptiBhadra Right to Equal Employment in India: A 15. Critical Study of the International Sadia Zeb 209 Conventions and National Legislations. Mohammad Haroon Socio-Legal Analysis of the Problem of & 16. Rape in India with Special Reference to 229 Dr. Faizanur Islamic Perspective. Rahman Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in 17. Status of Pothole Deaths in India Himanshi Yadav 242 Jyoti Thakur Surrogacy: Insight into the Legal 18. & 261 Framework of India. Tanishq Soni Tackling the Illicit Trade of Small Arms 19. and Light Weapons by Non-State Suraj T. N. 276 Actors: An International Perspective 20. Tax Avoidance and Ethical Dimensions Parita Mashruwala 297 Shilpi S. Gautam The Impact of Human Resource & 21. Management on Performance and 307 Sarvjeet Singh Efficiency in Corporate Law Firms Lalana Tradition and Modernity – An Examination of Bigamy: International 22. Niharika Verma 323 Perspective alongwith a Comparison between US & India Aishwarya Khanna Vaccine Nationalism: A Threat to 23. & 343 Global Health C. Balaji Abhishek Mahajan 24. Vodafone Tax Arbitration: What next? & 354 Shashank Maheshwari Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in AN EXPLORATION OF THE RIGHT TO DEVELOPMENT AND ITS IMPLEMENTATION IN THE MODERN ERA -VYOMA DALAL* ABSTRACT This paper examines the right to development. It commences by delving into the emergence of the right followed by a conceptualisation of the right and what it entails as explored in the declaration on the right and various other documents of international recognition. It goes on to provide insight into the barriers faced in the implementation of the right and concludes by recommending various methods of implementation. The paper aims at providing a comprehensive view of the right in an attempt to popularize the concept in future legislation. KEYWORDS: Right to Development, Human Rights, Social Progress, Right to Self-Determination and Participation. * Student, 5th Year, BLS LLB, Government Law College, Mumbai. CORPUS JURIS|1 Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in INTRODUCTION securing human rights and popular participation for all while also ensuring Human beings possess an inherent dignity1 economic growth. However, the definition of by virtue of which they are bestowed with the right to development did not hold such a certain rights, called human rights. Human wide implication before the mid-1960s.4 Such rights, inter alia, include the right to equality, an understanding of the concept is rather right to life, liberty, security, etc.2 Thus, the restricting in its scope as it focuses only on an realization of human rights is an integral economic approach to the concept and constituent of social progress. completely disregards the social well-being of people that contribute to the nation’s The right to development is the right of economic growth. However, this view has human beings and nations to participate in also been criticized as being one of the and contribute to economic, social, cultural greatest dangers in development policy.5 and political development so that it may ultimately lead to the realization of The right to development, as seen today, fundamental freedoms and human rights.3 finds its roots in the conversation around The right to development endeavours to human rights.
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