NLIU LAW REVIEW NLIU LAW REVIEW VOL. IV NOVEMBER, 2015 NO. II VOL. IV NOVEMBER, 2015 NO. II NLIU L R The NLIU LAW REVIEW is published by the students of National law Institute University, Bhopal, India. The NLIU LAW REVIEW publishes material on subjects of interest to the legal profession. It invites unsolicited manuscripts for publication. Such manuscripts should be sent in MS Word (.doc format) to [email protected]. All citations and text generally conform to The Bluebook: A Uniform System of Citation (19th ed. 2010). All rights reserved. No article or part thereof published herein may be reproduced without the prior permission of the NLIU LAW REVIEW. For all matters concerning rights and permission, please contact NLIU Law Review at [email protected] V-IV N-II The views expressed in the articles published in this issue of NLIU LAW REVIEW are those of the authors and in no way do they reflect the opinion of the NLIU LAW REVIEW, its editors or National Law Institute University. N, ₂₀₁₅ Recommended form of citation: (2015) 1 NLIU Law. Rev. NATIONAL LAW INSTITUTE UNIVERSITY KERWA DAM ROAD, BHOPAL- 462 044 (M.P.) NLIU LAW REVIEW NLIU LAW REVIEW VOL. IV NOVEMBER, 2015 NO. II VOL. IV NOVEMBER, 2015 NO. II ADVISORY PANEL Hon'ble Justice S.S. Nijjar Judge, Supreme Court of India PATRON-IN-CHIEF Hon'ble Shri Justice A.M. Khanwilkar Hon'ble Justice Prakash Prabhakar Naolekar Chief Justice, High Court of Madhya Pradesh, India Lokayukt, Bhopal, Government of Madhya Pradesh, India Hon'ble Justice Randall R. Rader Chief Judge, United States Court of Appeals for the Federal PATRON Circuit, Washington DC, USA Prof. (Dr.) S.S. Singh Director, NLIU, Bhopal, India Hon'ble Justice Ajit Singh Chairman, High Court Legal Services Committee, Jabalpur, India Hon'ble Justice Satish C. Sharma FACULTY ADVISOR Judge, High Court of Madhya Pradesh, India Prof. (Dr.) Ghayur Alam Ministry of HRD Chair Professor of IP Law, NLIU, Prof. Ranbir Singh Bhopal, India Vice-Chacellor, National Law University, New Delhi, India Prof. Timothy Lomperis Professor of Political Science, St. Louis University, North Carolina, USA Prof. Iqbal Singh Professor, Duke University, Durham, North Carolina, USA NLIU LAW REVIEW NLIU LAW REVIEW VOL. IV NOVEMBER, 2015 NO. II VOL. IV NOVEMBER, 2015 NO. II PEER REVIEW PANEL GENERAL STUDENT BODY OF NLIU LAW REVIEW. Editorial Board Managerial Publishing and Anujaya Krishna, Board Design Board Student, Europa-Kolleg Hamburg – Institute for European Integration Fifth year- Devyani Gupta Arindam Arjun Kang Joseph Archi Agnihotri, Amoolya Khurana Bhattacharjee Pulkit Rahangdale Advocate, Supreme Court of India Tara M. Hari Aakanksha Badkur Shreyasi Srivastava Arpita Seth, Srideepa Bhattacharya Associate, Wadia and Gandhy, Mumbai Sakshi Soreng Ayush Sharma, Fourth year- Associate, Amarchand & Mangaldas & Suresh A. Shroff & Sakshi Upadhyay Vatsal Joshi Ayush Samaddar Co., New Delhi, India Ananya Singh Richa Arya Manisha Regalla Anubhav Rajshekhar Garima Tiwari, Senior Researcher (Corporate Law), Lexidale Foreign Law Third year- and Regulation Analysis Praharash Johorey Meher Tandon Raghavi Viswanath Sawan Srivastava Hita Kumar, Sanjana Aravamudhan Anand Sharma Associate, CAM, Bangalore Addway Bandyopadhay Vikash Jha, Vaibhavi Tadwalkar Associate (Dispute Resolution Team), Amarchand & Varsha Sriram Mangaldas & Suresh A. Shroff & Co., Mumbai, India Aneesh Upadhyay Alisha Mehra Rajeswari Mukherjee Second year- Varnika Taya Avani Mishra Aishwarya Nair Aishwarya Tweisha Mishra Srivastava Shivika Dixit Robin Singh Rathore NLIU LAW REVIEW NLIU LAW REVIEW VOL. IV NOVEMBER, 2015 NO. II VOL. IV NOVEMBER, 2015 NO. II UMBRELLA CLAUSES IN INTERNATIONAL INVESTMENT :: CONTENTS :: ARBITRATION: ADOPTING A NARROW OR BROAD INTERPRETATION FOR MUTUAL PROTECTION OF INVESTORS AND HOST STATES ................................................ 99 FOREWORD Krithika Radhakrishnan and Ritwik Mukherjee Message from the Patron In-Chief ANALYSIS OF THE INHERENTLY FLAWED CASE OF Message from the Patron DASHRATH RUPSINGH RATHOD: A FASCINATING PARADOX Message from the Faculty Advisor OF A JUDGMENT FALLING AGAINST THE INTERESTS OF THE Editorial Note AGGRIEVED .............................................................................. 118 Ruchi Verma and Shanya ARTICLES CRYING OUT FOR LEGISLATIVE ATTENTION: THE THE NEW SCOPE OF 'DEBENTURES' UNDER THE COMPANIES INADEQUATE CHILD MARRIAGE LAWS OF INDIA ................... 1 ACT, 2013: DOES IT COVER COMMERCIAL PAPER? ............. 139 Abhinav Kumar and Arundathi Venkataraman Shriya Nayyar FUTURE OF INTERNET GOVERNANCE: MULTILATERALISM, DEFENDING THE ICSID: UNDERSTANDING LATIN AMERICA'S MULTI-STAKEHOLDERISM OR A THIRD PATH? ..................... 20 DENUNCIATIONS IN CONTEXT AND EXAMINING SCOPE FOR Agranee Kapoor and Angeline Benny REFORM ............................................................................................... 146 Soumya Cheedi UNILATERAL CLAUSES IN ARBITRATION: VALIDITY AND ENFORCEMENT ................................................................................... 30 CUT FROM THE SAME CLOTH: THE PHILOSOPHIES OF Anu Srivastava INTELLECTUAL PROPERTY RIGHTS AND THE INDIAN CONSTITUTION ........................................................................ 160 LOOKING “THROUGH” TO A “COMMERCIAL RATIONALE”: Suktika P.Banerjee and Sharngan Aravindakshan REVIEWING THE GAAR IMPLICATIONS OF DIT V. COPAL RESEARCH ANDOTHERS ........................................................... 46 WHO SHOT THE ARROW IN THE DARK? : DETERMINING THE Devarshi Mukhopadhyay RIGHTS AND OBLIGATIONS OF CYBERSPACE ACTORS UNDER A VEIL OF ANONYMITY ............................................................ 173 REVISITING THE VODAFONE CHAPTER ON OFFSHORE Utkarsh Srivastava TRANSFER OF INDIAN ASSETS: A COMMENT ON THE DIT V. COPAL RESEARCH LIMITED CASE ........................................... 60 COMMUNAL-SECULAR DICHOTOMY: ARE THE COMMUNAL Dhruv Tiwari and Anand Swaroop V I O L E N C E B I L L S A D E Q U AT E T O TA C K L E T H E ‘FRANKENSTEIN’S MONSTER’? ............................................. 195 EXAMINING EUTHANASIA: IS THERE AN ANSWER ................ 73 Vatsal Joshi and Ananya Kumar Singh Tia Jose and Keshavdev J.S NLIU LAW REVIEW NLIU LAW REVIEW VOL. IV NOVEMBER, 2015 NO. II VOL. IV NOVEMBER, 2015 NO. II MESSAGE FROM THE PATRON-IN-CHIEF MESSAGE FROM THE PATRON With the immense pleasure I place NLIU Law Review, Volume IV, Issue II in your hands. A reflection of the intellectual prowess of the legal fraternity, I hope that this edition will prove to be an asset for further research in the field. The research circumventing myriad of topics and their related aspects diversify the legal literature. The versatile opinions on different subjects from students and academicians help in dissemination of knowledge stipulating deliberations on them. The journal aims towards bringing awareness among the legal fraternity to contribute to the legal literature by way of articles, essays, case notes or even a book review. Though the journal has support and guidance of legal luminaries, the contributions are further evaluated by a Peer Review Mechanism. The mechanism entrusts to form different Boards for a swift and steady evaluation and evict any probability of error or plagiarism. I would like to thank the Patron-in-Chief of the Law Review, Hon'ble Shri Justice Ajay Manik Rao Khanwilkar, Chief Justice, High Court of Madhya Pradesh for providing students with his valuable guidance in this endeavour. I am even grateful to Prof. Ghayur Alam for his constant encouragement and support to students throughout the production of this edition. Atlast, I appreciate students for their ardent contribution for this special issue. I hope that they will further contribute with utmost zeal and intellectual fervour in the upcoming issues of the Law Review. Prof. (Dr.) S.S. Singh Director National Law Institute University NLIU LAW REVIEW NLIU LAW REVIEW VOL. IV NOVEMBER, 2015 NO. II VOL. IV NOVEMBER, 2015 NO. II authors discuss the communal-secular dichotomy and question MESSAGE FROM THE FACULTY ADVISOR the efficacy of the communal violence bills in tackling what they call the ‘Frankenstein’s Monster’. The article goes on to discuss the causes of communal violence in India and makes This is Volume IV Issue II of the NLIU Law Review. First of all, suggestions for reform that may be undertaken to deal with this I am thankful to the students involved who have worked with problem. dedication and commitment in this endeavour. Through this Law Review we are working towards the aim of encouraging We take this opportunity to thank the Patron-in-Chief, Hon'ble and inculcating a spirit of legal research and scholarship in the Justice Ajay Manik Rao Khanwilkar, Chief Justice of Madhya student community. Pradesh High Court for his support and good wishes. We thank Prof. (Dr.) S.S. Singh, the Director of National Law Institute The articles included in this Issue are selected for they seek to University, Bhopal for his encouragement and guidance. The provide new perspectives to ongoing debates. The issues contributors whose articles are included in this Issue deserve covered in these articles have a wide range. An article titled special mention and thanks for making this endeavour a 'Future of Internet Governance: Multilateralism, Multi- success. Stakeholderism or a Third Path?' discusses the emergence of internet and the legal norms and regulations relating thereto. We also invite comments and criticism on the articles published The current models of internet