Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Wednesday, 23 January 2013

‘GUILTY until proven innocent…’



As Law persons we are aware of the principle that an accused is ‘innocent until proven guilty.' It is not up to the defence to show that he is innocent but the Burden of Proof in a Criminal trial is on the prosecution to make out its case. The defence can technically sit down and do nothing. But Law persons cannot, to date, stand as jurors in Mauritius. Members of the Jury are lay persons. There is a stigma amongst lay persons and the general public that once a person is arrested and charged, he is guilty. If the DPP objects to his bail motion, it sends a signal to the society saying: we’ve got the right man. It is then to wonder whether the principle is not in the eyes of the general public “guilty until proven innocent”. This defeats the whole purpose of the Criminal Justice System which serves not only to find the guilty person but to administer justice. This upside-down notion leads to unfortunate miscarriages of justice and the golden rule from Woolmington v DPP [1935] UKHL 1 as we know it is greatly undermined; as is the accused person’s Right to a Fair trial under Article 6 of the ECHR, equivalent to Section 10 of the Constitution of the Republic of Mauritius. Rights do not end with handcuffs. In an era of Human Rights, should these Rights not be guaranteed under all circumstances?  Here is food for thought Learned friends.

Deena Bhoyroo
LLB 2nd YearMiddlesex University (Mauritius Branch Campus)

Thursday, 17 January 2013

EXPERT SPEAK- THE MUN WAY!!


Having done 3 Model United Nations (MUN) in my life, when people come across me, one of the most frequent questions I am asked is: what does it take to be a good delegate? There is no shortcut winning formula. Each delegate is different. Everyone has his or her own style and this is what makes the experience even more enriching. Nonetheless, there are a few things that every good delegate has, and through this article I will attempt to get you prepared for YOUR MUN.
First of all RESEARCH. Once you have been allocated your country and commission (for instance, I was representing Cambodia in the Economic commission), read EVERYTHING and (I stress on that) that you can find on the topic. Although you have to focus on a particular area (Human Rights, Environment, Education…), make sure you have a reasonable amount of knowledge of the other areas as well. Remember, when you participate in MUN, you are no longer a citizen of your country (so to speak), but a representative, an ambassador, of the country you have been given. The basics would be to know the Capital City, the Currency, the Head of State, and some statistics on population and tourism. If your country is known for something specific, make sure you are acquainted with it. For example, in Cambodia, the Angkor Wat temple is a UNESCO World Heritage site, being the most visited tourist attraction and even finds itself on the national flag! It would have been awkward to miss that! Then go on and filter your research to your commission. If you have been allocated the Economic commission, a starting point would be to know the main source of income of the country, its imports and exports, GDP and inflation. If you have Human Rights commission, look for NGO comments or reports and if you have been allocated the Sports commission, look at any major events, stadium or team that makes the country internationally known; for instance, cricket for India and the Olympic games for England. If you have the Culture commission, focus on an aspect of the country that makes it famous; the Sega dance in Mauritius for example.
Once you have thoroughly researched and know your country at the tips of your fingers, start by looking at the different resolutions (each group in each commission will have prepared one – listing the things it hopes to achieve). After reading all of them, prepare your arguments for and against for each and every one of them. If you want to gain more points, you have no other choice than always having something plausible to say. You will also be asked questions by your fellow colleagues, so be ready for these. Try to anticipate questions you might ask. One advice would be, put yourself in the shoes of your counterparts. If you were to here such and such argument, what question would crop to your mind? What aspect of the debate would you like to have more information on? Then, you will have your answer. Prepare brief replies to these; if the question comes up, you have your answer. If it doesn’t, you know a little bit more. Knowledge is never a waste.  Also, prepare questions you would like to ask your colleagues. You can prepare these beforehand or on the spot.
Lastly, PRACTICE. Be it in front of friends or your mirror, you need to be familiar with public speaking. Use different tones and lay emphasis where needed. Your audience needs to be captivated by what you’re saying. You do not want all of them to fall asleep! If you manage to catch their attention, chances are, they’ll have a question in store for you. If you answer it properly, you have just gained additional marks.
Some final advice would be not to stress. If you have followed these tips, there is no reason why you should be stressed. Good preparation leads to good performance. Besides, MUN is first and foremost a magical experience where you get to be in the skin of diplomats, discuss ideas and find solutions to world problems. Dress smartly, the way you look has an impact on the way you feel and gives a positive image of yourself. I’d recommend suit and tie for guys and a nice suit or dress for girls.
I hope that this little piece of advice has been helpful.
If you are a future MUN delegate, I wish you all the best.


About The Author:-


Deena.
Mauritius Model United Nations - Best Delegation (representing Cambodia) (2009), Chairperson ECOSOC (Economic) Commission (2010) and Coordinator (2011).
LLB Year 2 Student. 

Monday, 7 January 2013



3rd National Conference on   “Development of Child Rights--  A Step towards Ensuring Justice and Protection of Children”
March 1 – 3, 2013
Venue: NUJS Campus at Kolkata, India

 
The conference shall be spread over a period of three days and will be conducted in various 
sessions. The themes of these sessions are –  
 
1.) International Law and Child Rights 
2.) Juvenile Justice and Children 
3.) Child Labour : Problems and Perspectives 
4.) Right to Free and Compulsory Education 
5.) Child Welfare Schemes 
6.) Child Sexual Abuse 
7.) Children and Health Care 
8.) Protection of Rights of Children with Disability 
9.) Child Rights in India : A postscript 
 
The Legal Aid Society calls for submission of original research papers and articles on any  facet relating to the theme of the Conference from eminent legal practitioners, civil society  organizations, and academicians and students of law and social sciences. 
 
REGISTRATION FEES
 
The Registration fee for participants is Rs 1500 only (inclusive of food and accommodation  for the days of the conference). Local participants and others not desirous of seeking accommodation need to pay a registration fee of Rs 500 only. 
 
In case of co-authorship, each of the authors will have to pay the registration fees separately.  The mode of payment of registration fees will be intimated later separately to the selected participants. 
 
DEADLINES
 
The last date for submission of abstract is 15th January, 2013 
 
The publication of the list of selected participants on the basis of abstract is 31st January,2013 
 
The final date for submission of paper is 15th February, 2013
 
The publication of final list of participants 22nd February, 2013 
 
All abstracts should be directed at either the address mentioned below or e-mail it to  3rdlegalaidconference@gmail.com with the subject of the email being: “Abstract Submission”
 
GUIDELINES FOR PAPER SUBMISSIONS
 
1.) Submission of an abstract of about 500 words. 
2.) Abstract should highlight the Name & Organization of the contributor, Title, Main research issues, Research methodology, and the inference to be drawn from the study.
3.) Co-authorship is allowed for up-to 2 authors per submission. 
4.) The papers sent should be original and unpublished articles (not submitted for publishing in any place)  
5.) The final submissions would have to be between a minimum of 3000 and a maximum  of 5000 words (inclusive of footnotes). 
 
We at the Legal Aid Society are looking forward to your enthusiastic participation. To participate in the conference, please mail your abstract, along with a cover letter (mentioning your name and institutional affiliation) to 3rdlegalaidconference@gmail.com. 
 
For More Details CLICK HERE

Friday, 4 January 2013


Call for Papers: Volume 2, Issue 1
The A38 Journal of International Law (ISSN 2277-9361) is a quarterly academic journal, published online, that seeks to provide an international forum for the publication of articles in the field of International Law. The Journal is currently soliciting submissions for Volume II, Issue 1, which will be published April 2013. The submission deadline for Volume II, Issue 1 is February 28, 2013. We welcome submissions from academicians, practitioners, students, researchers and experts from within the legal community. We have a strong preference for articles that assert and defend a well-reasoned position.
While Volume II, Issue 1 will be devoted to the broad theme of “International Conflict”, articles on any other issue under Public International Law will also be accepted.
We welcome submissions under the following categories, with ballpark figures for word limits:
1.) Articles (between 6000-10000 words including footnotes)
2.) Short Notes (3000-6000 words including  footnotes)
3.) Book Reviews (1000-2000 words including footnotes)
4.) Case Commentaries (3000-5000 words including footnotes)
Co-authored papers / Papers with multiple authors are welcome.
All submissions must conform to the following guidelines
1.) Submissions are to be made only in electronic form, and are to be sent to submissions@athirtyeight.com.
2.) All submissions for the current issue must be submitted on or before February 28, 2013.
3.) Each Article must be accompanied by an abstract of not more than 300 words. No abstract is required for Short Notes, Book Reviews or Commentaries.
4.) For Book Reviews, you must describe the subject of the review clearly, including the name of the book, the name of the author, the name of the publisher, the date of publication, and, if applicable, the edition number.            
5.) Please provide Author details with your submission, including qualifications and institutional affiliations. These details are to be provided in the first footnote of the article, referenced from the author’s name.      
6.) All work must be original. By submitting any work, the author is presumed to declare that the article is original and has not been published elsewhere.
7.) All articles must be submitted only in MS Word format (.doc or .docx extensions).
8.) References must be footnoted. All references must be cited in simple text. No formatting is required for the citations.
All submissions are promptly acknowledged within a few hours of the receipt of submission. The decision on publication takes a minimum of 2 – 3 weeks after the deadline. Requests for expedited review can be sent to submissions@athirtyeight.com when the submission is being considered for publication by other journals. Should you request expedited review, please mention the name of the journal for which your article is under consideration, along with the name and e-mail address of one contact person on the Editorial Board of that journal and a date by whiach you expect our response.




National Seminar On Law, Development and Social Transformation in India: Issues & Challenges 


Call for Papers
Seminar papers are invited from scholars, researchers, teachers and students on any sub thematic areas or it could be submitted on the main theme in general. All the papers will be submitted to the panel of editorial board to examine originality and contribution to academics. Every author has to submit an undertaking of its originality and no copyright violation. Best three papers in the students’ category will be rewarded suitably.
Objectives of the National Seminar
The seminar is proposed to be organized with following objectives:\
1.) To study and analyze the constitutional mandate with regard to development and balancing of social interests.
2.) To examine the statutory framework of Indian laws as to social transformation.
3.) To assess the role of government machinery and various functionaries
4.) To study the role of political class of India with regard to the social conflicts and development agenda
5.) To examine the social actions role of judiciary
6.) To identify the possible areas of conflict and operational problems.
7.) To devise a mechanism for balancing the competing interest of society at large, global commitments and economic developments.
8.) To educate and prepare the citizens about their role in the enforcement of these legislations.

Thematic Areas of the Seminar
1.) Protection to Marginalised and Vulnerable class and their rights
2.) Economic Development and Interests of Various Class
3.) Rights of Children
4.) Common Good and Life of Dignity and Legal Frameworks
5.) Rights of Workers
6.) Transformational potential of Indian Constitution and Challenges
7.) Gender Justice and Legal Reform
8.) Agricultural and Industrial Development and Balance of Interests
9.) Development and Crime
10.) Economic Development, Global Commitments and Poverty in India
Above themes are only illustrative but not exhaustive. The paper presenters may select the related topic covered under the main theme.

Level of Participants
This seminar intends to provide a platform to the young brains of India and it aims to attract the students and young researchers. However, this seminar is also open for law teachers, members of the bar and bench.  
Number of Participants
The expected number of participants in the seminar is approximately one hundred and fifty.

Guidelines for the Seminar Paper
Research paper presenter is expected to apply research skill and use appropriate research methodology. It is necessary that every paper is confined to thematic or sub-themes of seminar. It should have proper research questions and also suggest the outcomes of research with the findings. Paper should not be of more than 7500 words. Researcher should follow the Blue Book 19th Edition for citation. Submission of empirical research papers is appreciated. But researcher is expected to submit analysis of substantive data and sample report.
Plagiarism Check
All papers submitted for the presentation will be scrutinized through plagiarism software. In case of copying or dishonest practice author will be exclusively responsible for legal action. Every author is supposed to submit an undertaking that all the work is his/ her original work.
Abstract Submission
Every paper presenter is required to submit an abstract of 500 words stating the Statement of problem, research questions, and methodology applied in the paper with major expected findings.
Important Dates:
Early Bird Registration Opens                             15th October, 2012
Abstract Submission                                  07th  January, 2013
Early Bird registration Closed                    20th December, 2012
Full Paper Submission                               18th January. 2013
Acceptance of Paper                                   22th January, 2013
Registration Closed                                    25th January, 2013
Seminar Date                                              02nd  February, 2013
Submission details
Kindly send your abstract or full papers soft copy only on following email id:
1. Pradeep.kulshreshtha@galgotiasuniversity.edu.in
2. Sanjay.srivastava@galgotiasuniversity.edu.in
Participation Fee
Category                        Early Bird Registration           Registration
Research Scholars                Rs. 500                          Rs. 700
Students                                  Rs. 400                          Rs. 500
Teachers                                  Rs. 600                          Rs. 800
Institution/NGOs                     Rs. 1000                        Rs. 1200
Note: Fee does not include accommodation charges. All the payment should be made by demand draft or Cheque. The Cheque/DD should be drawn in favour of Registrar, Galgotias University, Greater Noida payable at Greater Noida and send to the coordinator on contact address.