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NLUA Law Review NLUA Law Review Volume 4 2020 Articles A Compartive Study of Genocide : Ketayun H. Mistry 1 Preventing the Crime in the Age of the and Cheshta Tater Internet Analyzing Chagos Archipelago Dispute Shreya Dagar 23 Fountain Shows and Laser Shows: Whether 'Works' under the Copyright Nidhisha Garg 34 Act, 1957? Cultural Imperialism: An Underpinning Aniruddha 47 in the Hindu Succession Act Kambhampati Eco-centrism in the Juridical Realm : Angad Singh 59 Implications of Mohd. Salim v. State of Makkar Uttarakhand Akshat Tiwari and 70 Internet Infidelity : An Unfamiliar Adwaita Version of Adultery Bhattacharyya Intellectual Property Rights in Outer Purva Anand 'and 84 Space: A Reality Check Rohit Judicial Review as a Means of Control and Coordination in Interdependence Dr.Kamaljit Kaur 101 Amongst the Three Organs of and Bipasha Government: A Comparative Study Khatana Lucidification of the legal Language: Adrija Datta 122 Solving the Problem of Legalese Moral Foundations of Criminal Liability: Apurv Shaurya 141 The Indian Perspective Resource Rights and Forest Governance (Implementation of Forest Rights Act Priyanka 164 2006 in Assam) Sarmah Standard form Contracts: A Step Forward Neeti Nihal 178 or A Step Backward The Status of Adoption in Islamic Law: A Pemmaraju 198 Critical Analysis of the Law and Lakshmi Sravanti Precedents Electronic Agents, Legal Personality: Drishya B. Shetty, K. 213 Considerations in the Future of Contracts Mythiraye The Rule of Interpretation of International Treaties in Indian Courts Ananyo Mitra 236 Deconstructing the Jurisprudence of the Internatioal Court of Justice in Jadhav Atul Alexander 256 case (India v. Pakistan) MESSAGE FROM THE PATRON NLUALR is a mirror to the quality research orientation of students of NLUJA, Assam. Like any other National Law University, this University represents India with talented students from all over the country, pursuing studies in divergent disciplines and honing inter-disciplinary approach towards pertinent national issues. As diligent students, acquiring and disseminating knowledge in different shades of life, the contributors to this journal are serving the great cause of social aspiration to accomplish right to know more and to update information regarding socio-legal problems and their solutions. This fourth volume of the journal covers a wide range of research areas containing adequate and relevant data, appropriate analysis, thought povoking ideas and new insights along with deep vision of socially desired pursuit of Justice. Articles and reviews published in this issue contain contributions from students, researchers and academicians. It includes writings in the diverse areas of Crimes on the Internet, contemporary issues in International Laws, Intellectual Property Rights, Personal Laws, Environmental Ethics etc. The National Law University, Assam Law Review is the result of untiring and relentless efforts of the Editorial Board consisting of talented and zealous students devoting their precious time, without impairing the high pursuit of learning and study, under the guidance of the Faculty Advisory Board. The students involved in publication of this Review, on account of the keen interest they have adduced in bringing out this issue, deserve special congratulations. As a patron of NLUALR, I wish all success to this issue and hand over to readers to read, evaluate, comment and encourage the budding scholars to work with new zeal for social service and community welfare through constructive, creative and innovative suggestions to solve social-legal problems and eradicate social evils. MESSAGE FROM FACULTY ADVISORY BOARD The National Law University and Judical Academy, Assam has come out with yet another volume of its student run peer reviewed journal. It is one of the flagship journals or our University that has helped towards providing a platmorm to the legal fraternity in giving a concrete form to their academic labours. Law plays a vary distinctive role in maintanining and regulating the society in all spheres. Therefore it is very important that different stakeholders unite and collaborate on issues which confront the society and its growth. The Journal is a compilation of outstanding papers from numerous disciplines submitted by legal academicians, students and scholars associated with the legal and other disciplines. A remarkable breath in terms of disciplines, experiences and backgrounds will help to enrich legal scholarship. One of the key objectives of research should be its utility for the upliftment of the individual and the society. This journal attempts to capture and document debates around topics of law and other multidisciplinary fields such as Jurisprudence, Intellectual Property Regime, International Relations, Personal Laws, History, Economics etc. This journal is an endeavour of the University in incorporating different ideas into a single platform, with the sole aim of making a contribution towards legal scholarship and policy formulation. Here, we would also like to acknowledge the guidance and support of our Patron and Vice-Chancellor, whose support has been invaluable in bringing forth this issue at a time like this. We would also like to acknowledge the work of the Editorial Board for their commitment and dedication towards a successful completion of the entire process that goes into publication of an issue. The journal has been fortunate to draw upon their individual and collective knowledge, talent and judgement in creating the compilation of this issue. We would also like to thank our esteemed Authors for their valuable contributions to our journal and hope to enjoy their support and contributions in the future. EDITORIAL The National Law University Assam Law Review (NLUALR), a peer reviewed journal, completes five years of its existence in 2020 and amidst the challenging times that we find ourselves in, this minor milestone acts as an inspiration as well as a source of joy for all of us. NLUALR started in the year 2015 with the objective of collecting, processing and dispensing the tenets of legal academia for the benefit of the legal community at large: the students, academics, practitioners, and for everyone who finds a semblance of hope in free dispensation of speech and expressions without any unwarranted restrictions. As was envisaged by Professor Gurjit Singh and implemented at the hands of Professor Vijendra Kumar, the Law Review has, over the years, strived for excellence in terms of the research we present to our community, remaining inclusive and restrictive at the same time, the former for ideas from all walks of life in staunch belief that each idea has power to revolutionize the world, and the latter for maintenance of academic excellence. Subsequent editorial boards have attempted to ensure the adherence to these supreme ideals, this time it was our responsibility to carry the baton, we present to you our most sincere attempt at that. Let yourself be the judge for our utmost contribution towards and dedicated to the legal fraternity In this issue, we have selected articles on numerous topics ranging from the diverse fields of Pubic International Law, Constitutional Law, Intellectual Property Rights, Environmental Law, Family Law, Criminal Law and Law of Contract. Akshat Tiwari and Adwaita Bhattacharyya in their article, “Internet Infidelity: An Unfamiliar Version of Adultery”peek into the idea of infidelity in the online realm post the decriminalization of adultery by the Supreme Court and seek to examine the existing legal framework for the inclusion of online affairs in personal laws. Nidhisha Garg in her article, “Fountain Shows and Laser Shows: Whether ‘Works’ under the Copyright Act, 1957?” attempts to enquire if fountain shows and laser shows could be brought within the ambit of copyright protection, by extending it to works of authorship and examines the suitability of such protection from the perspective of “live shows/performances” as per the Copyright Act of 1957. Angad Singh Makkar in his note/comment, “Eco-centrism in the Juridical Realm: Implications of Mohd. Salim v. State of Uttarakhand” examines the aspects of ecocentric environmental jurisprudence by analysing the seminal Mohd. Salim case before the High Court of Uttarakhand, which granted the status of juristic entities to Ganga and Yamuna rivers along with figuring out if judicial pronouncements are the best way to adopt ecocentrism in the Indian legal system. Ketayun H. Mistry and Cheshta Tater in their article, “A Comparative Study Of Genocide: Preventing the Crime in The Age of Internet” make an extensive study on the concept of genocide, based on a comparative analysis. The paper also attempts to figure out the perpetration of such a crime and its prevention in the internet age by relying on contemporary examples of the day. Purva Anand and Rohit in their article, “Intellectual Property Rights in Outer Space: A Reality Check” highlight the pressing need to reconcile the nature of Intellectual Property Rights with that of the nature of Space Law- in a bid to protect the Intellectual Property Right issues in outer space. Lamenting on the inadequacies and inconsistencies of the existing legal framework, they propose some recommendations in the end; paving the way for further deliberation. The case of Kulbhushan Jadhav created quite a furore around itself in international politics as the ostentatious nemeses India and Pakistan were at logger heads again. Atul Alexander in his case/comment, “Deconstructing The Jurisprudence Of The International
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