University of Mysore

University of Mysore - Digital Repository of Research, Innovation and Scholarship (ePrints@UoM)
Not a member yet
    9775 research outputs found

    The Hotchpotch of the Internet Governance Paradigm

    Full text link
    The question of “Who Owns the Internet?” uncovers a complex reality: the internet operates as a decentralized network governed by a web of agreements among governments, private corporations, and international bodies, with no single controlling entity. This decentralized nature presents challenges in harmonizing laws and standards across jurisdictions. While major private companies, including Tier 1 ISPs and tech giants, manage significant infrastructure and data traffic, governments and organizations like ICANN play crucial roles in regulation and standard-setting. Aligning international regulations with local practices is essential due to the internet’s borderless nature. Key challenges include cybersecurity, data privacy, and intellectual property, which complicate efforts to develop cohesive legal frameworks that support a global digital economy while respecting national sovereignty. The concept of internet access as a fundamental human right has gained prominence, with international declarations and national frameworks in countries such as Costa Rica, Estonia, and Finland recognizing its importance for freedoms like speech and education. However, debates continue over whether internet access should be classified as a fundamental right, with critics concerned about practical implications and governmental burdens. Proponents argue that in the digital age, such access is vital for exercising human rights and fostering equitable development. This ongoing discourse highlights the need for adaptable legal frameworks to manage evolving digital challenges

    Правовое регулирование международной торговли криптографическими продуктами и технологиями: инструменты ВТО и региональные соглашения

    No full text
    International trade across borders increasingly relies on cryptographic technology, which plays a crucial role in securing online transactions and facilitating rapid cross-border payments. Additionally, cryptographic technology can be integrated into information and communication technology (ICT) products that are both exported and imported as part of trade in physical goods. A cryptographic product typically includes a cryptographic module, which means that software designed to create or regenerate keys or certificates can also be categorized as a cryptographic product. Despite the significant impact of cryptographic technology in transforming international trade, it remains uncertain whether digital products, including cryptographic ones, receive the same level of protection as their non-digital counterparts under World Trade Organization (WTO) agreements. Moreover, concerns regarding the equitable treatment, both domestically and internationally, of cryptographic products are on the rise. This has led to some countries imposing restrictions on the import and export of cryptographic technology, while others restrict the transfer of encrypted data, and still others prohibit or heavily regulate the use of encryption within their borders for security reasons. Consequently, many countries establish Regional Trade Agreements to address potential gaps or shortcomings in WTO Agreements and safeguard individuals' privacy and security. Therefore, this study is aimed at examining the safeguarding of cryptographic products within the framework of WTO agreements. This research employs normative legal research, which involves an in-depth review of existing literature and legal sources to collect the necessary information. The study relies on a range of secondary data sources, including primary documents, secondary literature, and legal documents

    Navigating the Intricacies of Fair Use, Disclaimers, and Copyright in the Film Industry

    Full text link
    Filmmakers and audiences alike exhibit a profound fascination with narratives rooted in reality, particularly those involving real individuals. Biographical films, or biopics, cater to this inherent curiosity. However, the depiction of actual lives inevitably invites the specter of defamation. Consequently, the film certification authority mandates that creators of biopics incorporate disclaimers, ostensibly to mitigate legal repercussions and prevent the "hurt of sentiments." While these disclaimers serve a valid function in demarcating fact from fiction, their potential exploitation to circumvent legal liabilities or suppress dissent raises alarming concerns. The case of "The Dirty Picture" exemplifies such misuse, wherein the filmmakers strategically employ disclaimers to insulate themselves from legal scrutiny and silence critical voices. This scenario underscores an urgent need for transparency, accountability, and equitable treatment within the certification framework, ensuring that disclaimers are not weaponized to distort narratives or evade responsibility. This study adopts a doctrinal research methodology, drawing upon both primary and secondary sources, particularly critiques of "The Dirty Picture." It scrutinizes the filmmakers' assertions denying the film's status as a biopic of Silk Smitha, despite evident parallels to her life, thus provoking inquiries into the filmmakers' intentions and the potential for disclaimers to serve as a shield against accountability

    The conundrum of the notion of Permanent Establishment (PE) in Taxation of Tanzania’s e -commerce

    Full text link
    Purpose: To understand how Tanzania taxes digital commerce transactions, this paper explores the complex terrain of Permanent Establishment (PE). Design/Methodology/Approach: This study is analytical descriptive legal research. Secondary data sources encompass primary, secondary, and tertiary materials were used. Findings: The review’s outcome has revealed that this traditional notion of PE has historically worked well for taxing conventional businesses; however, the concept of PE, as defined by the Tanzanian Income Tax Act, has failed to address and cover e-commerce issues. Hence, the concept of PE requires substantial modifications to align with the contemporary and future challenges of e-commerce. Research Limitations: The study’s primary constraint is its restriction to a thorough review. Managerial Application: This study’s results are poised to provide significant guidance for reshaping tax legislation in Tanzania to align with modern challenges. Moreover, the study seeks to heighten public awareness regarding the Permanent Establishment and the taxation of digital commerce transactions while also serving as a valuable reference for future research ventures within the same domain. Originality/Value: This study offers a novel perspective on Tanzanian taxes and the connection between online transactions and permanent establishments

    The Polymorphism of Model United Nations: Students’ Guide

    Full text link
    This guide serves as a comprehensive introduction to Model United Nations (MUN), an educational simulation designed to immerse students in the dynamics of international diplomacy and decision-making. MUN conferences allow participants to assume the roles of UN delegates, representing various member states and engaging in debates to address global issues. The guide outlines the foundational aspects of MUN, including the significance of representing assigned countries, the preparation process involving research and position papers, and the practical skills gained such as public speaking and teamwork. It provides a detailed overview of MUN procedures, highlighting the importance of parliamentary rules, points, motions, and the quorum necessary for procedural decisions. The guide also explains the structure of debate, which includes formal and informal phases, moderated and unmoderated caucuses, and the role of the Dais in managing discussions. By offering insights into the operational framework of MUN and the procedural nuances that govern debates, this guide aims to equip students with the knowledge and skills needed to navigate and excel in MUN conferences

    Justice for Victims of Atrocity Crimes: The ICC’s Pursuit in the Prosecution of War Crimes in Afghanistan

    Full text link
    The Byzantine history of Afghanistan is filled with bloodshed and other atrocities. The current state of affairs dates to the late 1970s Soviet invasion when the Soviet Union's troops killed many Afghans. This led to the emergence of Mujahedeen, the Taliban and the invasion of the United States of America, who began fighting, and a civil war broke out with many innocent Afghans dying. As Afghanistan has been a signatory member of the Rome Statute since 2003, it has established the jurisdiction of International Criminal Court (ICC) over crimes against humanity and war crimes committed in Afghanistan. Under the Statute, no exemption exists for such crimes, and the perpetrators must be arraigned by the ICC or a national court. However, in Afghanistan, no one has been held liable for the commission of crimes and violation of International Humanitarian Law and Human Rights laws. This includes the non-execution of warlords. Victims themselves express a desire for the criminals to be punished and for their losses to be compensated for them to feel a sense of justice. The perpetrator(s)' arrest, conviction, and punishment may convey acknowledgement of the victims' suffering and provide them with a sense of relief. However, prosecution and reparations also share many legal and theoretical traits under International Humanitarian Law. The study aims to analyze and discuss the international legal framework for prosecuting individual perpetrators of atrocity crimes in Afghanistan and to provide reparations to the victims of such crimes. Moreover, the analysis clarifies whether states under international humanitarian law have obligations to facilitate prosecution and reparations procedures. The study considers treaty law, customary law, and general principles as the primary sources of international humanitarian law

    Goodbye to Afghans: What is the Promise of Human Rights to Human Rightslessness Afghan Migrants in Pakistan?

    Full text link
    The Genealogies of complicity and struggle between Afghanistan and Pakistan date back to a single-page Agreement of 1893 (Duran line) and the invasion of the Union of Soviet Socialist Republics (USSR) in 1979. The squabble of the World towards Pakistan with its inglorious policy to deport undocumented 1.7 million refugees to a war-stricken country is inhuman and wrong and leaves them as political pawns. The Mass Exodus of Afghan Refugees and the anti-immigrant policy of Pakistan trigger some legal questions: Why is Pakistan deporting Afghans at this point? Who hears the voice of suffering at the dark noon? What happens next to these deportees? The existing article is poignant in examining the status of human rightslessness of sans-papiers under the human rights paradigm in Pakistan. In tandem with this, the paper also discusses the human rights dimension from the lens of the perplexing situation that prevails in Afghanistan. This article is percolated by axiomatic development in the theory and practice of human rights supplanted by wretched migrants. Thus, this paper offers a series of fragments of thought concerning some ways of understanding the changing human rights paradigms in Afghans

    A Comparative Analysis of the Corporate Tax Residency:A Case Study Between India The UK and Tanzania

    Full text link
    While most advanced countries use the place of effective management, sometimes along with the place of incorporation, as the criterion for defining the residence of a company, the United States uses the place of incorporation as the sole criterion. This formalistic and objective criterion provides taxpayers with predictability.However, in interacting with different criteria in other countries this criterion also permits manipulation, including the creation of companies that technically are not resident anywhere. Using the place of effective management (POEM) criterion can also lead to dual residenceas opposed to no residence which was the only problem that was considered when the rules of international taxation were originally created. This was then to be dealt with under bilateral treaties and tiebreaking rules, with the OECD Model Treaty for example, expecting that dual residence issues would be solved by means of mutual agreement procedures on a case- by- case basis. It can be helpful, if not dispositive, for tax authorities to provide guidance on how the place of effective management criterion will apply.The aim of this paper is to analyses the tests that are used to determine corporate tax residency and whether they succeed in giving clarity and predictability to taxpayer and business. The other part of this paper aimed at examines how this test may end up being used as a loophole for tax avoidance

    The Legal Implications of the Blue Economy: Navigating Maritime Governance and Sustainability

    Full text link
    The Blue Economy represents a paradigm shift in how nations and businesses utilize and manage marine resources. It encompasses sustainable practices that aim to harness the economic potential of oceans, seas, and coasts while preserving their health and resilience. This research delves into the intricate legal dimensions of the Blue Economy, emphasizing its implications for maritime governance and sustainability. As the Blue Economy concept gains traction, aimed at fostering economic growth while ensuring ocean health, its integration into legal frameworks presents both opportunities and challenges. This study examines how international maritime laws, including UNCLOS (United Nations Convention on the Law of the Sea) and regional agreements, are adapting to incorporate sustainability principles. It explores key legal issues such as the regulation of marine resources, protection of marine biodiversity, and the balance between economic activities and environmental stewardship. By analyzing recent case studies and legal developments, the research highlights the need for cohesive legal strategies that address emerging threats and promote sustainable practices. The findings underscore the necessity for adaptive legal frameworks that can navigate the evolving landscape of maritime governance, ensuring that the Blue Economy’s potential is realized while safeguarding oceanic ecosystems for future generations

    Understanding Trimipraminium Maleate (TPM) through Spectroscopic, Hirshfeld surface and reactivity analysis: Experimental, DFT and MD studies in different solvents at different temperatures

    No full text
    The electrical and vibrational properties of Trimipraminium maleate (TPM) are reported experimentally and theoretically. Vibrational spectra were recorded, and theoretical wavenumbers were determined and assigned using potential energy distribution. The intra-molecular hydrogen bonding O–H⋯O interaction in maleate is reflected by Hirshfeld surfaces. A small energy gap explains a possible charge transfer via N–H⋯O intermolecular interaction. MD simulations studies were carried out for the TPM at varying temperatures 300, 310, 320, and 330K in three different solvents (water, DMSO, and methanol). Non-covalent interactions are implied from the QTAIM analysis

    2,655

    full texts

    9,790

    metadata records
    Updated in last 30 days.
    University of Mysore - Digital Repository of Research, Innovation and Scholarship (ePrints@UoM) is based in India
    Access Repository Dashboard
    Do you manage Open Research Online? Become a CORE Member to access insider analytics, issue reports and manage access to outputs from your repository in the CORE Repository Dashboard! 👇