Sony, Vijayan; Dr.Varkey, A M(Cochin University of Science And Technology, August , 2014)
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Abstract:
Maritime ports are inevitable for India’s economic development. The very existence and sustainable development of ports depend on clean port environment. There is a notion that shipping is an over regulated industry. But in India, it is being operated under sub- standard conditions, raising crucial issues of environmental pollution in the country’s ports. The negative impacts of vessel sourced pollution on the eco-fragile coastal peninsula can be detrimental to the living conditions, health and interests of the coastal population. It can disturb marine life and imbalance the aquatic ecosystem. The present study analyses control of vessel sourced pollution in Indian ports from an economic and ecological perspective. The study investigates legal reasons behind the weak control, regulation and monitoring over vessel sourced pollution in Indian ports. The loopholes in the legal system are identified and suggestion made to implement stronger enforcement. Unless, vessel operations are properly regulated in ports, the trade and economic prospects of India will be jeopardized.
Description:
School of Legal Studies, Cochin University of Science and Technology
Vani Kesari, A; Dr. N.S. Soman(Cochin University of Science and Technology, July 2, 2015)
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Abstract:
The study on the concept of sanctity of human life is a journey in finding out what
is it said to be “human” in human life. It is an evaluation of the universal concept and
the role it plays in controlling and moulding human conduct and relationships. This
concept is a foundational principle of human rights law and the grundnorm of every legal
system. However, of late, the challenges by way of certain advances in human genetic
research had prompted the need to evaluate the significance and extent of the concept in
human endeavours.
Scientific advances by way of human genetic research promises significant
diagnostic and therapeutic advances but at the same time pose threat to fundamental
notions and assumptions on humanity, hence there is a global concern to derive common
legal standards, Thus the major challenge is to analyse universal principles which can be
a common criteria for evolving legal standards to control certain advances in human
genetic research. Hence the relevance of the study.
The study aims at analysing the content, scope, extent and limitation of the
concept of sanctity of human life. In this attempt it evaluates the extent to which the
concept had been accommodated by legal systems and international human rights
regimes. The problem which had been undertaken in the study is the extent of intrusion
made to the concept by virtue of certain advances in human genetic research.
Lekshmi, G.R; Dr.V.S.Sebastian(Cochin University of Science and Technology, August 8, 2015)
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Abstract:
This Study pertains to the law relating to admission in minority educational
institutions in India. This is an area which needs certainty. Every year, admissions
to various institutions are challenged. The future of umpteen number of students
are at stake. Only when clarity with regard to the nature of the rights and conditions
to be fulfilled to get the rights are made, conflicts can be prevented. Awareness in
this area has to be developed. Considering the peculiar nature of rights provided
under Article 30 to the minorities, there is an argument that Article 30 is absolute
in nature and restrictions on this right can be only in the interests of the minorities.
But there is also a counter argument that minority rights are not absolute and that
all rights are absolute only to the extent of their logical extreme. Thus reasonable
restrictions can be placed over Article 30. The Legal framework is not
comprehensive and conflicting judicial responses add to the dilemma. Legal frame
work has pitfalls which creates confusions. Though there are decisions by the
highest court of the land regarding admission rights, various parts of the decisions
are quoted in isolation by interested parties to assert their sides. Many States try to
frame legislations regulating admissions inspired by the judicial pronouncements,
which are later declared as violative of minority rights and held unconstitutional.
This state of affairs has prompted me to select this area as the subject for study.
Study is an analysis for a better regime of law relating to admissions in minority
educational institutions in India balancing the interests of various stakeholders viz.
minority and non minority educational institutions, both professional and
elementary, students, parents and the State.
Dayana, M.K.; Dr. Varkey, A.M(Cochin University of Science and Technology, October 26, 2015)
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Abstract:
This is a study of land use law in India. Land use Controls has been a subject
of controversy since the human settlement. Gamut of control increased with human
development. Now the controls are for many purposes.Nuisance created through various land use was tried to be avoidedthrough the common law controls7. Whether the utility of the activity outweighs
the environmental consideration was the consideration before the court. A
standard definition8 of nuisance could meet most of the problems relating to land
use. Later on, planning and zoning laws brought in major changes. Health, safety
and facilities of others attracted land use controls9. After the Stockholm the sphere
of government interference increased. Several legislations were enacted. Existing
legislations were modified. These come in conflict with the interests of different
sections of society. Coastal Regulations10 and high range protection11 are
manifestations of such unrest. A systematic study on these issues is of current
interest. Exploring of some areas in this respect is also relevant in this respect.