the world journal on juristic polity

193 Pages·2012·2.1 MB·English

INTERNATIONAL FOOTPRINT | 200+ SUBSCRIPTIONS | READING LAW RIGHT

Volume II Number I
March 2016

THE WORLD JOURNAL ON JURISTIC POLITY
THE WORLD JOURNAL ON JURISTIC POLITY

Volume 02 | March, 2016 | Number 01
Copyright © 2016. All rights reserved with the World Journals Corporation.
Published quarterly by the World Journals Corporation. Subscriptions available
www.worldjournals.in at prescribed charges.
INTERNATIONAL STANDARD SERIAL NUMBER: 2394– 5044

--Disclaimer--

No part of this publication may be reproduced or copied in any form by any means without prior
written permission of Editor-in-chief of the World Journal on Juristic Polity (Hereinafter
referred to as ‘JURIP’). The World Journals Corporation holds the copyright to all articles
contributed to this publication. The views expressed in this publication are purely personal
opinions of the authors and do not reflect the views of the Editorial Team or Board of Patrons
for JURIP or the World Journals Corporation. Though all efforts are made to ensure the
accuracy and correctness of the information published, the Editorial Team or the Board of
Patrons for JURIP are not responsible for any errors caused due to oversight or otherwise.

--Note--

This compilation has continuous footnoting. Kindly read the references to previous footnotes
in all the Articles in isolation upon the particular Article only.
-The Board of Editors-

Mr. Suvid Chaturvedi
Chief Editor

Ms. Gunjan Saxena
Managing Editor

Associate Editors

Mr. B. Srivatsava Reddy

Ms. Mansi Tiwari

Mr. Pramit Bhattacharya
-Acknowledgement-

Efforts from many quarters have gone into the successful publication of this Issue of
the World Journal on Juristic Polity. We would like to express a deep sense of
gratitude towards our blind peers who thoroughly validated all articles sent to them
for reviews. We would also like to thank our contributors for contributing
extraordinary submissions to the issue which stood at par on the rigorous scrutiny.
We would also love to thank our wonderful friends at Microsoft for providing the
much needed technical support and also our Printing Partners for living up to our
taxing expectations.
-Contents-

INCIDENTAL EFFECTS OF THE LAW OF RATIFICATION IN
INTERNATIONAL DIPLOMATIC RELATIONS AND TRADE
- 01 | Amuda- Kannike
TRADE IN ENERGY & THE WORLD TRADE ORGANIZATION – THE
NEEDED INTERSECTION
- 10 | Aarushi Bhatnagar
THE VIOLENCE BEHIND AND WITHIN THE NAXAL MOVEMENT
- 17 | Aarushi Mahajan
A CASE COMMENT ON THE OLEUM GAS LEAK CASE
- 25 | Abhishek Kumar
INTER-STATE TRANSACTIONS UNDER GOODS AND SERVICES TAX
BILL
- 31 | Agrim Arora, Prabhav Ralli
SIGNIFICANCE OF JUDICIAL ACTIVISM VIS-À-VIS HUMAN RIGHTS: A
BIRD’S EYE VIEW
- 37 | Ajay Sonawane
JURISPRUDENCE SURROUNDING CRIMINALIZATION OF INSIDER
TRADING
- 44 | Anumeha Karnatak, Mihir Narvilkar
LEGAL PARAMETER OF CHILD LABOUR IN INDIA AND THE JUDICIAL
REJOINDER: AN ANALYSIS
- 49 | Atrayee De
CHANGING NOTION OF PUNISHMENT AND CRIME: A VIEW OVER
REFORMATIVE TOOLS AND TECHNIQUES
- 55 | Deeba Khanam
INTRICACIES OF PARDONING POWERS UNDER CONSTITUTION OF
INDIA: A CHASE OF MERCY
- 63 | Gaurav Jadhav
EFFECTIVE IMPLEMENTATION OF UNITED NATIONS CONVENTION
AGAINST TORTURE IN CRIMINAL JUSTICE SYSTEM IN BANGLADESH
- 73 | Md. Monjur Hasan
CASE COMMENTARY- MRS. SAROJINI RAMASWAMI VS. UNION OF
INDIA & ORS.
- 85 | Parav Patel
ROLE OF WOMEN IN PANCHAYATI RAJ INSTITUTIONS
-90 | Paridhi Saxena
JURISPRUDENTIAL ANALYSIS OF B.K. THANKAPPAN VS
VELAYUDHAN NADAR NARAYAN NADAR
- 102 | Piyali Pan, Sitikantha Mitra
COMMERCIALISATION OF SURROGACY IN INDIA: LEGAL ASPECTS
AND SOCIAL IMPLICATIONS
- 108 | Shefali Munde, Prachi Shekhawat
CONVENTION ON CYBER CRIME
-118 | Shalini Kaimal, Yesasvi Maricherla
ANTI-COMPETITIVE PRACTICES AND THE VERTICAL INTEGRATION
IN MEDIA SECTOR IN INDIA
- 127 | Shankar Singh Yadav
RESTITUTION OF CONJUGAL RIGHTS- LOOKING BEYOND THE
OBJECTIVE LEGAL JURISPRUDENCE
-143 | Sonali Ladha
RESTRUCTURING OF LL.M. PROGRAMME IN INDIA: A CRITICAL
ANALYSIS
- 152 | Srishti Vaishnav, Karn Marwaha
AN ANALYSIS OF THE US SUPREME COURT JUDGMENT
‘ASSOCIATION MOLECULAR PATHOLOGY, ET AL. V. MYRIAD
GENETICS INC., ET AL’
- 163 | Siddhanth Tripathi, Tanya Chaudhry
INITIAL PUBLIC OFFERING IN INDIA: IT’S INCARNATION AND
REGULATION
-169 | Vrishali Gupta
AN ANALYSIS OF CONSTITUTIONAL POWERS TO DISQUALIFY A
CANDIDATE FROM CONTESTING ELECTIONS IN VIEW OF THE
RULING IN THE CASE OF RAJBALA VS. UNION OF INDIA
-181 | Zabeen Motorwala
MARCH 2016 | ISSN: 2394- 5044 THE WORLD JOURNAL ON JURISTIC POLITY
INCIDENTAL EFFECTS OF THE LAW OF RATIFICATION IN
INTERNATIONAL DIPLOMATIC RELATIONS AND TRADE
Amuda-Kannike
Lecturer at the Faculty of Law, Niger Delta University, Amassoma, Bayelsa State, Nigeria.

Ratification in international law is the means of commitment, where a nation state accepts to
be bounded by agreed conventions, treaties, or any other international instrument. The purpose
is to ensure generalized approach to the issues addressed in the instruments. However,
experience and practice have indicated that most developing nations enter into these treaties
without proper evaluation of its effects on their sovereign status and attendant subjugations of
their immunities, due to commercialized endeavors. The effect of ratification thus results
unintended consequences on the nation’s diplomatic and trade relations. The paper considered
the relative circumstances of objections to the impleading of a sovereign state in forum courts;
where the defending state loses the argument of immunity on grounds of commercial interest
in the face of failure to perform obligations under a contract. This was observed to be in negation
to internationally ratified instruments and has multi-jurisdictional implications on the nation’s
image.
Introduction
By definition, ratification connotes a confirmation and acceptance of a previous act,
thereby making the act valid from the moment it was done1. This practice includes
action taken by the legislature to make binding a treaty negotiated by the executive. It
is also the final establishment of consent by the parties to a treaty to be bound by it,
including the exchange or deposit of instruments of ratification.2
Consequent on the foregoing definition, it should be pointed out that, a state becomes
a party to a convention by signing and that convention and subsequently taking other
progressive steps into making it binding on that state. In this regard, Article 102 of the
Unites Nations Charter states that;
“Every treaty and every international agreement entered into by
any member of the United Nations after the present Charter
comes into force shall as soon as possible be registered with the
Secretariat and published by it”.3
The implication of Article 102 above is that, it is a duty incumbent on states to
thoroughly examine international instruments before endorsement and when it has
been signed by the authorized signatory, such documents shall be deposited with the
secretariat as required by international practice.4 Thus, the act of signing and

1 Black’s Law Dictionary, 8th Edition 2004. Pp. 1289-1290
2 ibid pp. 1290
3 Article 102 of the Charter of the United Nations
4 United Nations Secretary General Notification; dated 24th Feb, 2015 Reference: C.N
145.2015. TREATIES-xx11.3 (Depository Notification)
1
MARCH 2016 | ISSN: 2394- 5044 THE WORLD JOURNAL ON JURISTIC POLITY
depositing at the UN secretariat convey a nationalistic sense of commitment to
compliance with the full intendment of the instrument so ratified.
It should further be noted that it is conventional that such instrument intending to
bind a state must be subjected to appropriate legislative or administrative scrutiny by
the state wishing to endorse it, as this study would show, when such documents are
endorsed the far reaching effects may outweigh the sovereign status of the state and
it immunity from legal action in other states. This notification, being an instrument
of communication to member states drew attention to the signatories that are by
international practice eligible and competent to endorse as to commit their various
states. The functionaries include Heads of State, Heads of Government or Ministers
of Foreign Affairs and reads further:
“… are empowered by virtue of their functions, to sign to sign
treaties on behalf of their states without having to produce full
powers to that effect”.
However, there may be circumstances where the foregoing may not be convenient for
the state, the directive states thus.
“other representatives wishing to sign the convention must be in
possession of appropriate full power emanating from these
authorities”.
Thus, ratification of international covenants in itself carries a liability that binds the
sovereign and its population. This view is strengthened by the fact that the various
international commitments that existed were brought under a single regime
encapsulated by the International Convention on the Law of Treaties, which was
signed in 1969 and came into force in 1980.5 The fundamental basis for this treaty law
is the precondition that treaties and international covenants once entered into must be
binding on the state parties and that in performance of obligations thereunder, the
states must observe utmost good faith.6

5 It should be noted that the International Law Commissions Draft Articles on the Law of
Treaties between states and International organizations or between international
organizations, was the basis for the presentation to the General Assembly of the United
Nations, after which governments of nation states that are members made them imputes and
peculiar differences were harmonized. See Yearbook of the ILC, 1982 Vol 11, Pt 2, Pp 2. As a
follow up, a convention drafting conference was held between 18th February and March 21st
1986 during which deliberations produced draft Articles encapsulated into Assembly
Resolutions 37/122, 38/139 and 39/86.
6 Articles 31, 46 and 69 of the 1969 the Vienna Conference made it condition precedent for
the operation of the law, that states must maintain good faith. Thus, these articles initiated
the ageless doctrine of pacta sunt servanda. The importance of this principle of international
law was re-enacted when, despite the provisions of Article 31, 46, and 69, the convention
specifically at Article 26 reaffirmed, that pacta sunt servanda should be the basis of all
International Covenants. In the view of this paper, performance of obligations under a treaty
or an international agreement is should ordinarily be taken for granted, but experience and
practice have shown that in most cases states come under various guise to abdicate their
2