Kanoon With Kabir

  1. Digital Signature: Meaning, Use in E-Governance, Licensing of Certifying Authorities, and Suspension I. Introduction The rapid growth of electronic commerce and governance required a mechanism to ensure authenticity, integrity, and non-repudiation of electronic records. This led to the recognition of digital signatures under the Information Technology Act, 2000 (India) (IT Act). II. Meaning and Definition of Digital Signature Statutory Definition Under Section 2(1)(p) IT Act: “Digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with Section 3.” Legal Provision Section 3 IT Act : Authentication of electronic records by: Use of asymmetric cryptosystem hash function Explanation A digital signature: Uses private key + public key Ensures: authenticity (who signed) integrity (data unchanged) non-repudiation (cannot deny) III. Legal Recognition Se...

1. Law of the Sea: Territorial Sea, Contiguous Zone, Continental Shelf, EEZ & Emerging Issues The law of the sea, now comprehensively codified under the United Nations Convention on the Law of the Sea (UNCLOS) , represents a transition from the classical doctrine of freedom of the seas (propounded by Hugo Grotius ) to a system of zonal maritime jurisdiction , balancing coastal state rights with global commons. I. Territorial Sea The territorial sea extends up to 12 nautical miles (Article 3 UNCLOS), where the coastal state exercises sovereignty subject to innocent passage . Case Law Integration Corfu Channel Case (UK v Albania) Facts: British warships passing through Albanian waters struck mines; UK claimed innocent passage. Issue: Whether warships enjoy innocent passage without prior consent. Ratio: The ICJ held that innocent passage through straits used for international navigation is a customary right , even for warships. Implication: Sovereignty over territorial sea is ...