An International Perspective of the Changes Proposed to the Debt Recovery Laws of India

2019 ◽  
pp. 132-152
Author(s):  
Sindhu Venkata Reddy ◽  
Ashwini Arun ◽  
Simrann Venkkatesan
Keyword(s):  
Financial Institutions ◽  
International Perspective ◽  
Legal Rights ◽  
Legal Regime ◽  
Current Regime ◽  
Debt Recovery ◽  
Debtor Protection

This chapter relates to the recent changes made to certain debt recovery laws enforced in India and the current parallel legal regime relating to debtor protection in U.S. and U.K. As per the statement of objects and reasons, these amendments are being proposed to facilitate the speedy disposal of cases by the debt recovery tribunals. This chapter analyzes the relevant international legal regime in place in U.S. and U.K. to suggest changes to the current Indian regime relating to debtor's rights, so as to better balance the interests of the debtors with the interests of the creditor. The authors request the Indian legislature to draw guidance and inspiration from the current regime of legal rights as available to the debtors in U.S. and U.K. and pass laws for preventing banks and financial institutions from exploiting debtors further.

scholarly journals The Brazilian Financial System, Cyber Security Policy and Personal Data Protection

2020 ◽  
Vol 12 (2) ◽  
pp. 172-186
Author(s):  
Carlos Goettenauer
Keyword(s):  
Financial Institutions ◽  
Data Protection ◽  
Cyber Security ◽  
Security Policy ◽  
Business Models ◽  
Financial System ◽  
Regulatory Environment ◽  
Regulatory Regime ◽  
Legal Regime ◽  
The Creation

Purpose ”“ This work intends to map and analyze, through the polycentric regulation proposal introduced by Julia Black, the contribution of the actors involved in the creation of the data protection regulatory legal regime in financial system, after the introduction of the cyber security policy by the Central Bank of Brazil, the approval of the General Data Protection State and new financial business models. Methodology ”“ It first analyses the regulatory and statutory norms associated with data protection in the financial system, combined with the cyber security policies published by financial institutions. After this, it identifies the actors who contribute to the regulatory environment and their respective regulatory role. The final step is the creation of a table to categorize each actor’s functions in the regulatory regime. Findings ”“ The research concludes that the contracts between financial institutions and technology play a major role on creating and hybrid regulatory environment for data protection. Originality ”“ The work is an original analysis of the data protection regulatory legal regime in financial system, using polycentric regulation not only as a theoretical reference, but also as a methodological framework.

Subverting Eurocentric Epistemology

2021 ◽  
pp. 145-161
Author(s):  
Mohsen al Attar
Keyword(s):  
International Law ◽  
Third World ◽  
Fundamental Problem ◽  
Status Quo ◽  
Legal Regime ◽  
Current Regime ◽  
Know How ◽  
The Status

Third World Approaches to International Law (TWAIL) has a fundamental problem: its scholars don’t quite know how to relate to international law. This problem is constitutive of the theory, born as it was out of disillusionment with the failures of decolonisation and, of course, of international law. As a consequence, we find in TWAIL scholarship the juxtaposition of powerful critiques of international law alongside noisy calls for more international law. TWAIL’s aspirational projects are timid, constrained as they are by TWAIL’s overriding commitment to a legal regime its scholars bemoan. In this chapter, I propose to use counterfactuals to overcome the schizophrenia. I treat counterfactuals as a device that enables methodical explorations of alternative legal imaginaries. Contrary to Venzke, I propose exploring counterfactuals that are neither probable nor sensible within the current regime. For TWAIL, counterfactuals have value if they facilitate thinking beyond the rigidity of the status quo. And that’s the point: if TWAIL’s mission is to upend Eurocentric epistemology and practice, we must begin to imagine international law outside the parameters established by Europe.

A Pareto-Improving Compensation Rule for Investment Treaties

2021 ◽  
Vol 24 (1) ◽  
pp. 181-202
Author(s):  
Emma Aisbett ◽  
Jonathan Bonnitcha
Keyword(s):  
Law And Economics ◽  
Time Inconsistency ◽  
Legal Rights ◽  
Legal Regime ◽  
Host State ◽  
Investment Treaty ◽  
Specific Proposal ◽  
Investment Treaties ◽  
Pareto Improving ◽  
Compensation Rule

ABSTRACT Investment treaties grant foreign investors legal rights to compensation for losses caused by certain host state conduct. Many states are reconsidering their involvement in these treaties because they perceive the risks to outweigh the benefits. We start from the normative premise that participation in investment treaties should benefit both ‘host’ and ‘home’ states. Using a law and economics approach, we model a variety of common fact scenarios that arise in investment treaty arbitration. Our modelling demonstrates that being party to an investment treaty does not necessarily benefit a host state. The objective of mutual benefits would be achieved if investment treaties were modified to provide only the minimum protection necessary to solve time inconsistency problems for the host state and, thereby, deter opportunistic conduct. The treaties should not place wider constraints on legal and policy change. Our specific proposal is that a state should only have to compensate the investor if it breaches or modifies the domestic legal regime governing the investment and that compensation should be the lesser of the investor’s loss and the host state’s gain from the host state not having had the new legal regime in place when the investment was made.

scholarly journals Animals as objects of civil rights: current issues

2021 ◽  
Vol 25 (1) ◽  
pp. 294-308
Author(s):  
Valentina N. Sinelnikova ◽  
Oleg A. Khatuntsev
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
System Analysis ◽  
Civil Code ◽  
Legal Rights ◽  
Social Significance ◽  
Legal Regime ◽  
The Social ◽  
Modeling And Forecasting ◽  
Definition Of

The relevance of the research is based on the heated discussion that has unfolded in recent years in connection with changes of the current legislation on legal regime of animals as objects of civil rights as well as awkward suggestions aimed at essentially reshaping the civilistic concept of animals and establishing their special legal status by recognizing them, albeit with some restrictions, as subjects of legal rights. The purpose is to analyze the genesis of animals legislation, including but not limited to international legislation, and to reveal the social significance of norms governing the conditions and procedure for acquisition of animals and the limits and principles of their treatment. The article also aims at voicing the authors position on participation in the civil circulation of animals. Research methods applied in the work are as follows: formal-legal, dialectical unity, system analysis, interpretation, modeling, and forecasting. The results of the study (conclusions) are realized in proposing to supplement Art. 128 of the Civil Code of the Russian Federation with a new term property as basic in relation to terms things, other property, and property rights. It is also recommended to expand the range of objects of civil rights by identifying animals as an independent object, clarify the revision of Art. 137 of the Civil Code, presenting in it the definition of an animal as an object of civil rights and reflecting the main criterion for classifying animals (turnover). In addition, a judgment was made on changes in Russian legislation introduced in 2020, including the Law On the Animal World, allowing amateur and sports hunting of animals in semi-free conditions and artificially created habitat. This law clearly contradicts international agreements that allow hunting (capture) of animals only for the maintenance of human livelihood.

Parliamentary Authority over Creditors’ Claims

2021 ◽  
pp. 74-90
Author(s):  
Claire Priest
Keyword(s):  
West Indies ◽  
Legal Regime ◽  
Slave Labor ◽  
The West ◽  
Staple Crops ◽  
English Law ◽  
Debt Recovery ◽  
British Colonies ◽  
Recovery Act

This chapter describes the history and impact of Parliament's Debt Recovery Act of 1732, which created a legal regime strengthening creditors' remedies against land and slaves throughout the British colonies in America and the West Indies. Parliament enacted the Debt Recovery Act in response to concerns among English creditors that the colonists were defeating their efforts to collect on debts by invoking traditional English legal protections to land. The merchants were interested in the laws of Virginia and Jamaica, where planters relied on credit to purchase an increasing supply of slave labor. With some exceptions, colonies relying heavily on slave labor to produce staple crops were more likely than other colonies to uphold the English protections to land and inheritance from unsecured creditors. A second concern driving Parliament's enactment of the Debt Recovery Act was that colonial legislatures might at any time enact laws characterizing slaves as “land” and thereby make the slaves legally immune from seizure by creditors under English law.

A Prescription for Beijing

2018 ◽  
Keyword(s):  
Political Participation ◽  
Financial Institutions ◽  
Legal Rights ◽  
Gender Gaps ◽  
Education And Health ◽  
Political Opportunities ◽  
Nation States ◽  
Main Challenge ◽  
Wide Gap

In the chapter, Haq spells out the main challenges for the Beijing Conference of 1995. Despite much progress in women’s capabilities in the seventies and eighties, their participation in economic and political opportunities remained very limited. Such a wide gap between capabilities and opportunities leads to a considerable waste of women’s potential and, naturally, to a rising level of frustration. For Haq, the main challenge for the Beijing Conference is to improve women’s economic and political participation. He lays out concrete proposals to achieve this to include commitment to eliminate the remaining gender gaps in education and health, setting up financial institutions for the provision of credit, and pledging of the nation states to extend equal legal rights to women. He also suggested the setting up of a UN Agency for the Advancement of Women.

The Relation of Rights to the Real

1998 ◽  
pp. 38-45
Author(s):  
Frederic R. Kellogg
Keyword(s):  
Political System ◽  
Natural Rights ◽  
Legal Rights ◽  
Jeremy Bentham ◽  
Government Officials ◽  
Legal Regime ◽  
The Real ◽  
Privileged Position ◽  
Human Conduct ◽  
Philosophical Pragmatism

This paper approaches Bentham's ontology of rights from a viewpoint influenced by American philosophical pragmatism. I examine how rights are conceived and discussed in relation to the real. Jeremy Bentham maintained that all rights are "fictitious entities." But, in privileging "political" over moral and natural rights, Bentham implies that legal rights stand in a privileged position over natural rights with regard to the relation of mind to the actual. By reason of its enforceability through sanctions, a legal right for Bentham has a privileged connection to the real. I argue that nonlegal rights can be conceived as bearing a roughly parallel relation to the real in guiding human conduct by suasion rather than sanctions. Their relationship to "something real and observable" is their relation to voluntary conduct through belief. Bentham's ontology dictates a distinct legal and political system. Practically, it leaves the real existence of rights entirely in the hands of government officials, and the only choice of humans interested in securing rights lies in their enactment and enforcement in and through a legal regime.

Between Impunity and Imperialism

2019 ◽  
Author(s):  
Kevin E. Davis
Keyword(s):  
Detailed Analysis ◽  
Legal Regime ◽  
Current Regime ◽  
Legal Response ◽  
Legal Responses ◽  
Regulatory Design ◽  
Important Challenge

Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its evolution, and suggests directions for reform. The broad argument is that the current regime embodies a set of values, theories, and practices labeled the “OECD paradigm.” A key premise is that transnational bribery is a serious problem which merits a vigorous legal response, particularly given the difficulty of detecting instances of bribery. The shape of the appropriate response can be summed up in the phrase, “every little bit helps.” In practice this means that: prohibitions should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many enforcement agencies as possible should be involved in the enforcement process. The OECD paradigm embraces two interrelated propositions: that transnational bribery is a serious problem and that it demands a uniform response. An important challenge to the OECD paradigm, labeled the “anti-imperialist critique,” accepts that transnational bribery is a serious problem but denies that the appropriate legal responses must be uniform. This book explores both the OECD paradigm and the anti-imperialist critique, and provides a detailed analysis of their implications for the key elements of transnational bribery law. It concludes by suggesting that the competing views can be reconciled by moving toward a more inclusive and experimentalist regime which accommodates reasonable disagreements about regulatory design and is crafted with due attention to the interests of all affected parties.

scholarly journals The Dichotomy of the Legal Status of Sexual Minorities: A Critical Analysis of Judicial Trends across the Globe and India

2015 ◽  
Author(s):  
Smiriti Brar ◽  
Sweenab Dutta
Keyword(s):  
Critical Analysis ◽  
Sexual Minorities ◽  
Legal Status ◽  
Controversial Issue ◽  
Legal Rights ◽  
Gay Liberation ◽  
Legal Regime ◽  
Modus Operandi ◽  
Legal Norms ◽  
Gay Liberation Movement

The ever-controversial issue of sexual minorities and homosexuality has remained contentious since the very term was introduced, primarily because it has been seen as unnatural and does not correspond with what society as well as the legal norms prevailing in the society, define as ‘normal’. It becomes imperative to briefly examine the development of the laws governing these populations and their impact on the societies’ evolving attitudes towards homosexual relationships and transgender, to show the progress of the gay liberation movement and its effects on formulation of the laws in the society. Aside from the judgment of the heterosexual world, many myths about homosexuality have been imagined. Thus, with this backdrop on the issue at hand, the authors aspire to analyze and attempt to unveil these myths, arguing about the welfare and protection of these classes of individuals who fight a daily battle to secure their identities in the society we dwell in. The authors strive to comprehend the legal status of the LGBT communities across the globe and compare their plight to that in India, to critically analyze their legal rights and interests and ensure the level of implementation in the various regimes, to comprehend the various judicial measures that have been undertaken to safeguard the very existence of such communities, and conclusively enunciate the various lessons that could be learnt from the ongoing judicial trend and how the same may be put in application considering the Indian modus operandi. The authors aim to dig deep into the concerns where these aversions in relation to homosexuality can be reversed and the society could evolve as broad-minded, understanding the concerns of such persons who live under the constant apprehension of being ‘found out’ and the various forms of discrimination and atrocities that they have faced and are still facing under the present Indian legal regime. Keywords: sexual minorities; homosexuality; legal status; judicial trends; India

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