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Volume 1 Issue 1

FOREWORD by P. Bhagwati, Former Chief Justice of India, Member, U.N. Human Rights Committee and Chancellor, Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth
FOREWORD by K. K. Venugopal, Senior Advocate, Supreme Court of India, New Delhi
PROLOGUE by Justice Mohit S. Shah, Acting Chief Justice, High Court of Gujarat, Sola, Ahmedabad
EDITORIAL

At the Asian Relations Conference in 1947, Jawaharlal Nehru observed, “We stand at the end of an era and on the threshold of a new period in history”. Upon the launch of our flagship journal, we too stand at the cusp of change. This change is merely a symbolic reflection of the dynamic era to which we belong today. In this context, it becomes especially relevant to appreciate the evolving role of social sciences like law in the evolution and advancement of the society. With an unprecedented quest for knowledge to fuel the growth of our economy and society, it becomes equally important to have thoughtful systems in place that conserve the knowledge so developed while also retaining the traditional essence of moral and cultural fabric of the Indian society. Due to technological breakthrough and information technology revolution, a new cooperative global stricture is within our reach. It is not coincidental that increasing openness, democracy and social awareness follow the process of globalization. This is an era of rapid changes: for better or for worse. Increased competition across the globe tends to help those who are strong enough to benefit from the newly mushrooming opportunities and simultaneously also requires us to be suitably equipped for combatting its associated spinoffs.

Dean Roscoe Pound had made an extremely valid and timeless observation when he gave the concept of using law as an instrument of ‘Social Engineering’. Indeed, one cannot help but admire the vision of this great jurist as time heralds the beginning of the new century. On similar lines, we have an article dedicated to judicial autonomy which is the hallmark of any civilized society. India, a country with over 5000 years of rich history and heritage has contributed to the knowledge and culture of the world in a way akin to what salt is for any culinary delicacy. It becomes interesting to see the kind of protection that needs to be given to our traditional geographic indications by expanding the scope of trademarks. We need to bring into effect a potent legal regime for fostering growth of original ideas and expressions. For an emerging country like India which is slated to be the succeeding global super power, realization of civil and political rights has been somewhat elusive so far. However, some valid observations made by an article wake us up to the fact that we are not the only legal machinery striving for achieving the cherished goal of universal human rights. The progress we aspire for has to be sustainable and well rounded which balances the interests of the masses and the classes, the proletariat and the bourgeoisie. Progress for the sake of progress must be discouraged. We need to take ecological as well as anthropological approaches in an integrated manner to truly help build a stable society. With a view to foster this spirit further, our maiden volume of ‘The GNLU Law Review’ (TGLR) carries an enlightening anthology of notes and comments pertaining to the interests of both ‘Bharat’ and ‘India’. There is an informative menagerie of notes and comments on issues as diverse as Constitutional Law to Corporate Law and Intellectual Property Law to Arbitration Law. These widely ranging diverse articles are just a precursor to the beginning of an academically rewarding discourse in the times to come.

With such ambitions and tall aspirations, The GNLU Law Review aims to initiate a vibrant forum for scholars, academicians, researchers and law students from India and abroad for serious academic exchange. It is one such platform which encourages and endorses unconventional thinking and creativity to gratify the quest for a better society by exploring the road not taken. In furtherance of this mission, we are pleased to present before you the Inaugural volume of The GNLU Law Review. We hope that TGLR gives you an academically rewarding experience and look forward to your feedback. We shall remain committed to our goal of achieving constant academic strides and improvement.

Editorial Board

The GNLU Law Review

JUDICIAL INDEPENDENCE OF DEPENDANT JUDICIARY

Justice R. K. Abichandani, Former Judge, High Court of Gujarat, Former President, CESTAT, New Delhi

FITTING A SQUARE PEG IN A ROUND HOLE: CAN TRADEMARKS PROTECT GEOGRAPHICAL INDICATIONS

Latha R. Nair, Partner, K&S Partners, Intellectual Property Attorneys, New Delhi

THE MYTH AND REALITY OF ‘UNIVERSALITY’ IN THE UNIVERSAL HUMAN RIGHTS

Prof. (Dr.) Gangotri Chakraborty, Head, Department of Law, University of North Bengal, Darjeeling, West Bengal, India

IDEA-EXPRESSION DICHOTOMY: A PUBLIC INTEREST PERSPECTIVE

Dr. V. K. Unni, Assistant Professor of Law, NALSAR University of Law, Hyderabad.

LEGAL ISSUES SURROUNDING THE CORPORATE DEBT MARKET IN INDIA

Ketan Mukhija, Graduate Solicitor (India), Herbert Smith LLP, London, UK and Parnika Malhotra, Third Year Student, LL.B. (Hons.), Amity Law School, New Delhi.

ENFORCEABILITY OF ARBITRAL AWARDS IN INDIA: PUBLIC POLICY AS A GROUND FOR SETTING ASIDE THE AWARD

Viplav Sharma, B.A., B. L. (Hons.), Sr. Associate, Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi, India

PERSPECTIVES OF ANTON PILLER INJUNCTIONS IN INTELLECTUAL PROPERTY INFRINGEMENT CASES

Shantanu Sahay and Nishant Bora, Associates, Litigation, IT & Commerce, Anand and Anand Advocates, New Delhi, India.

CORPORATE RESPONSIBILITY FOR VIOLATIONS OF INTERNATIONAL CRIMINAL LAW: LESSONS FROM THE HOLOCAUST VICTIMS’ ALIEN TORT LAWSUITS IN THE UNITED STATES

Arpan Banerjee, LL.M. Candidate (2009), King’s College, University of London, London, UK.

THE HUMAN RIGHTS FACET OF INTERNATIONAL HUMANITARIAN LAW: CONCEPTUAL DISCREPANCY AND FUNCTIONAL SIMILITUDE

Abhirup Ghosh, Third Year Student, B.A. LL.B. (Hons.), Gujarat National Law University, Gandhinagar, India.

DIGITAL RIGHTS MANAGEMENT IN LIGHT OF THE PROPOSED INDIAN AMENDMENT: A BOON OR A BANE?

Malak Bhatt, Third Year Student, B.A. LL.B. (Hons.), NALSAR University of Law, Hyderabad, Andhra Pradesh, India.

LOST IN TRANSLATION: THE LINGUISTIC DIVIDE AND THE ATTACK ON INDIAN FEDERALISM

Shaunak Kashyap and Jyotika Jain, Fourth Year Students, LL.B. (Hons.), Amity Law School, New Delhi.