This issue contains five papers. The first paper, “Patenting of Life
Forms: Reflections on Some Legal and Ethical Issues”, by M Hussain, attempts
to analyze the questions as to whether there are certain inherent values in life and whether patenting life forms violates such inherent values. The author suggests four categories of patents on life forms and processes that should be banned, viz., patents based on bio-resources and knowledge of their use pirated from countries and indigenous communities, which do not satisfy the novelty or invention criteria; patents on discoveries, for example, microorganisms, cell lines, genomes, genes, which are all naturally occurring; patents on transgenic techniques and constructs, and transgenic plants, animals and microorganisms; and patents on nuclear transplant cloning. This paper presents the ethical and religious arguments, environmental implications, economic considerations and legal issues of life patenting.
The second paper, “Gender Equality in Islam: An Overview”, by Shahnaz, attempts to focus on the general context of Islam, its teachings, its world view especially on the gender question and presents a brief review of the position and role of women in society from an Islamic perspective. The author brings to light the classical interpretations of Islamic law and many eloquent verses of the Quran that depict the sexes as equal before God. This paper is an attempt to analyze the normative teachings of Islam on the social, economic and spiritual aspects of women, and in the process, it offers a more nuanced interpretation of Islamic legal system, especially on the gender question.
In the third paper, “Confidentiality in International Commercial Arbitration: Presumption and Reality”, the authors, Ajit Kaushal and Sumeet Gupta, focus on the current degree of confidentiality in international commercial arbitration as reflected by important arbitration rules, other arbitration-related enactments and practices of arbitral courts globally. The authors set forth the criteria to greater transparency in public international arbitration in order to increase the legitimacy of arbitration proceedings. The authors examine the scope of confidentiality in the practice of arbitral tribunals and domestic courts, and highlight the various facets and problems posed by confidentiality in arbitration. This paper attempts to strike a balance between the virtue and vice of confidentiality in the area of arbitration.
The fourth paper, “Application of International Law in India: An Appraisal”, by Lakshmi Chebolu, examines the role of Indian judiciary in the implementation of international law in India in the context of relevant constitutional provisions. The author seeks to highlight the proactive role of the Indian judiciary in implementing India’s international obligations under international treaties. In this respect, the author attempts to suggest that the Indian judiciary, though not empowered to make legislations, is free to interpret India’s obligations under international law into the municipal laws of the country in pronouncing its decision in a case concerning issues of international law.
In last paper, “The Legal Implications of the Instrument of Accession: A Critical Case Study with Reference to the State of Jammu and Kashmir”, the author, Irfan Rasool, discusses the relevant circumstances as to the question whether the State of Jammu and Kashmir ever became a sovereign state or otherwise. The author critically analyzes the various provisions provided in the Instrument of Accession which would substantiate the stand as to whether the Instrument of Accession executed by the Maharaja of Jammu and Kashmir is a treaty concluded between two independent states creating rights and obligations in respect of certain matters specified in the schedule to the Instrument of Accession. He seeks to suggest that in view of the Instrument of Accession, the relationship between India and Jammu and Kashmir needs to be governed under the provisions and principles of international law that is applicable to treaties.
-- V Hemalatha Devi
Consulting Editor
