Indian Journal of Law and Human Behavior

 “Justice has always evoked ideas of equality, of proportion of compensation. Equity signifies equality. Rules and regulations, right and righteousness are concerned with equality in value. If all men are equal, then all men are of the same essence, and the common essence entitles them of the same fundamental rights and equal liberty. In short justice is another name of liberty, equality and fraternity.” 

Keywords: Administration; Ancient; Justice; Dharma; Fundamental Rights; Liberty; Equality and Fraternity.

 Terror attacks such as those executed in the United States, Bali, Istanbul and India in recent years render beyond doubt the challenge facing the international community to address effectively the scourge of international terrorism. They also present countless challenges for international scholars and practitioners. These include: ensuring the centrality of law, and the uncompromising governance of the principle of legality, in the highly charged debate on countering the terrorist threat; advancing an understanding of the law as sufficiently clear and accessible to provide a meaningful framework for action; demonstrating that the law enables, and indeed obliges, states to take effective measures against terrorism, and is inherently responsive to the security challenges posed by international terrorism; where the law is unsettled or unclear, or mechanisms and procedures ineffective or inadequate, promoting normative clarification or reform; monitoring, and seeking accountability in respect of, violations of international law. This article hopes to make a modest contribution to these enormous challenges. It seeks principally to address the question whether there is an identifiable framework of international law capable of addressing issues related to these grave violations.

Keywords: Terrorism; International Law; State Responsibility.

 Not Provided.

 Globalization is both an ‘out there’ and an ‘in here’ phenomenon, blending the distant with the local.1 Furthermore, it is a two-way process. As Anthony Giddens puts it, the globalization process, “link [s] distant localities in such a way that local happenings are shaped by events occurring many miles away and vice versa.”2 The universalization of human rights norms and the global liberalization of corporate and commercial endeavour are two especially conspicuous players on the globalization stage. Both, to some extent, rely on the notion of the Rule of Law to promote their ends, though they rely on different features of the notion in so doing–the latter more on “certainty;” the former more on “equality.” In the age of globalisation, a specific and significant trend there are two that stand out—namely, corporate/commercial enterprise and human rights/ humanitarian standard-setting. The corporate/commercial enterprise is characterized by the patent aggrandizement of the power of multinational enterprises, the influence of capital markets,19 and the concomitant expansion of international regimes for trade regulation—such as the World Trade Organization (WTO), the North America Free Trade Agreement (NAFTA) and the EU—and for economic development— such as the International Monetary Fund (IMF), the World Bank and the regional development banks of Africa, Asia and South America. Human rights standard setting is characterized by the spreading, though not unqualified, acceptance across states of the universality and indivisibility of human rights. It is also characterized by the emergence of new regional human rights regimes beyond the European and American progenitors—that is in Africa, the Arab States and in rudimentary form in Asia. Under the given circumstances, this paper aims to explore the relationship between the globalisation and rule of law in the context of SEZ in the context of acquisition of land. 

Keywords: Globalisation; Rule of Law; SEZ; WTO; Acquisition of Land; Displacement; Rehabilitation and Resettlement; Fair Market Value; Sustainability.

 There is an inseparable link between the forests and the tribes and other forest dwellers. Generation together these communities are residing alongside the forests and are most dependent on the forest products. Some argue that the rights granted under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 to the Scheduled Tribes and other Traditional Forest Dwellers will lead to destruction, damage and loss of biodiversity. Others argue that recognition of forest rights and, more importantly, making conservation democratic - is the only way forward. The more power the forest bureaucracy retains, the more it will harm both wildlife and people. It is being observed that the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is an instrument which will be implemented for protecting the interests of tribes and other forest dwellers for inclusive sustainable development. This paper attempts to examine that the measures ensured to protect the interest of tribes and other forest dweller’s in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 taking the note of experiences of the states of Karnataka and Andhra Pradesh.  

Keywords: Conservation; Bio-diversity; Sustainable use; Sustainable Development; Instruments; Policies; Tribes; Forest Dwellers Rights.