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Utkarsh Kumar Mishra

Assistant Professor of Law

Courses and Research Interest: Contract Law, International Trade, Law, Legal Theory, International Investment Laws, Critical Legal Studies, Public Policy, Comparative Judicial Reforms, Legal Methods, Private International Law, Crtical Contract Law.
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Bio

Utkarsh K. Mishra has been working as Assistant Professor of Law at DNLU, Jabalpur since its inception in 2018. He has recently also worked as Assistant Registrar (Research) at the Centre for Research and Planning (Secretariat of Chief Justice of India), Supreme Court of India, on deputation from DNLU in the session 2021-22. During his term at the Supreme Court of India, he executed many research projects and assignments. He is an alumnus of NLU, Odisha from where he completed B. A. (Economics), LL. B (Hons.). He pursued masters in Law (LL. M) from National Law University, Jodhpur with specialization in International Trade and International Investment Laws, and is a recipient of Nani A. Palkhivala Memorial Gold Medal and Milon Kumar Banerjee Gold Medal for academic excellence in the postgraduate studies. He has qualified UGC NET (Law) and is currently pursuing his doctoral studies (Ph. D) from NALSAR University of Law, Hyderabad in the realm of International Trade Laws. Prior to joining DNLU, Utkarsh has worked as Teaching Associate (Law) at HPNLU, Shimla, and taught both UG and PG courses. He also worked at the Centre for International Trade, Environment and Economics (CUTS, International, Jaipur) as Research Associate (Law) and has worked on many assignments for the Ministry of Commerce and Industry, Government of India. He has many research publications, articles, and book chapters to his credit. His areas of Research and Teaching interests include Contract Law, International Trade Law, Legal Theory, International Investment Laws, Critical Legal Studies, Public Policy, Comparative Judicial Reforms, Legal Methods, Private International Law, and Critical Contract Law.

Qualifications

  • 2016 - B.A. (Economics), LL. B (Hons.)-National Law University, Odisha
  • 2017 - LL. M (International Trade and Investment Laws), NLU, Jodhpur
  • 2018 - UGC Net (Law)
  • 2021 - Ph.D (Pursuing), NALSAR University of Law, Hyderabad

Experiences

  • 2018-Present : Assistant Professor of Law, DNLU, Jabalpur
  • 2021-2022 : Assistant Registrar (Research), Supreme Court of India (On Deputation)
  • 2017-2018 : Teacher Associate in Law, HPNLU, Shimla
  • 2017 : Research Associate (Legal), Centre for International Trade, Economics and Environment (CUTS CITEE), Jaipur

Publications

Book Chapters

  • Chapter Titled “FROM ‘COLLECTORS’ TO ‘VENDORS’: ASSIMILATING INDIAN TRIBAL WOMEN IN TRADE AND VALUE CHAINS THROUGH E-HAAT BAZAARS’ Accepted To Be Published In Edited Book By Prof. Sheela Rai On ‘Trade And Women’ by Eastern Book Company, [Upcoming, 2022].
  • Chapter titled, ‘INTERNATIONAL COMMERCIAL ARBITRATION AND UNITED NATIONS CONVENTION ON INTERNATIONAL SALE OF GOODS: EXAMINING THE DOMAINS OF CONVERGENCE OR DIVERGENCE’ accepted for publication in a ‘Handbook on Arbitration’ by Dr. Gigimon V. S., to be published. [Upcoming, 2022].
  • Chapter Titled “UNDERSTANDING ‘CONSTITUTIONAL EXPECTATIONS’: THE ESSENCE OF DEMOCRATIC CONSTITUTIONALISM IN THE INDIAN CONSTITUTION” published in the LEGAL ENCYCLOPAEDIA, Edited by Ayush Jaiswal, [CB Educational Services LLP] 5th Edition, 2021, ISBN: 978-81-951020-3-7.
  • Chapter titled, ‘FROM ‘HONEY-TRAPPING’ TO ‘PRIVACY’: DECONSTRUCTING THE DILEMMA OF PUBLIC SERVANTS UNDER THE PREVENTION OF CORRUPTION ACT, 1988’ published in an edited book by ‘Law Learners’ under the aegis of Justice Deepak Mishra National Call for Chapters 2020, Edited by Justice A. K. Sikri and Prof. N. K. Chakraborty; ISBN: 978-81-947778-5-4. [2021].
  • Chapter titled, ‘THE ECONOMICS OF TRADE FACILITATION AGREEMENT IN WTO: FROM REDUCING TRANSACTION COSTS TO INCREASING ECONOMIC GROWTH AND DEVELOPMENT’, in book titled, ‘Contemporary Issues in Law and Economics’, Edited by Mr. Ayush Goyal, Vol 1, ISBN: 978-81-941519-6-8, VidhiAaghaz, 2021.
  • Chapter Titled ‘TRIBALS, TIMBER AND TENDU: DECONSTRUCTING THE TRIBAL-TRADE INEQUITIES IN THE CONTEXT OF INDIAN FOREST PRODUCES’ published in an edited Volume on ‘Tribal Justice’ published by Eastern Book Company and NLUO Centre for Tribal Studies, (2021).
  • Chapter Titled ‘FROM HISTORICAL CORE GROUP TO A STAUNCH SUPPORTER: WEAVING INDIA’S NEGOTIATION AND PARTICIPATION IN TRADE FACILITATION AGENDA AT THE WTO’, published in the book ‘Juristische’, ISBN: 978-81-943164-7-3, September 2020, published by CB Educational Services LLP, Bhopal, Madhya Pradesh.
  • Chapter Titled ‘MODERN CONSTRUCTIONS OF DOCTRINE OF SEPARATION OF POWERS: AN ANALYTICAL ACCOUNT OF ITS DEVELOPMENT’ published in Legal Encyclopaedia, published by CB Eduvents [CB Educational Services LLP], May 2020; Volume 1, Edition 2, ISBN: 978-81-943164-2-8.
  • ‘THE UNITED STATES’ STRATEGIC POLICY OF INTELLECTUAL PROPERTY PROTECTION AND ENFORCEMENT THROUGH TRADE FACILITATION: ASSESSING THE IMPACT ON INDIA’S INTELLECTUAL PROPERTY REGIME’ in an Edited Book titled ‘Legal Audit: A Compilation of Recent Socio-Legal Issues in India and Abroad’, edited by Anindhya Tiwari, published by Infinity Publishing, India (October 2018); ISBN: 978-93-87910-23-2.
  • FACILITATING THE TRADE FACILITATION AGENDA: AN ANALYTICAL ACCOUNT OF INDIA’S CURRENT ‘EASE OF TRADE’ CLIMATE, in the Book Titled ‘Trade Facilitation and WTO’, published by Cambridge Scholars Publishing, London, United Kingdom [Editors: Prof. Jane K. Winn (Professor of Law, University of Washington) & Prof. Sheela Rai (Professor of Law, National Law University, Odisha)]; ISBN: 978-1-5275-3402-5.

Journal Publications/Working Papers/Others

  • Trade Facilitation Agenda of the WTO and India’s Commitments: Where does India Stand?’ International Trade Working Paper, Commonwealth Secretariat, London, United Kingdom, , ISSN: 2413-3175. WORKING PAPER; PEER-REVIEWED; INDEXED IN OECD LIBRARY & COMMONWEALTH LIBRARY
  • “Ease of Trade’ And ‘Ease of Paying Taxes’: Voicing the Concerns of Trade Facilitation Agenda Through ‘Goods and Services Tax’ Paradigm in India” International Journal of Legal Studies and Research, WBNUJS, Vol 7, Issue 1, March 2018 Issue, [ISSN (O): 2278-4764]. ARTICLE, UGC-LISTED, PEER REVIEWED
  • “Greying India and Age of Dignity: Role of Law in Fostering Elderly Rights” Indian Bar Review, Vol. No. 45 (Issue No 4) of 2018. ARTICLE, PEER-REVIEWED, REFERRED
  • The Unending Conundrum of the Extra-Territorial Trade Measures and the ‘Green Provisions’ of the GATT: Deconstructing the Existing Approaches’ Shimla Law Review, HPNLU, Shimla. ARTICLE, PEER-REVIEWED [UGC-CARE LISTED JOURNAL]
  • The Dilemma of Deaths behind Incarceration in India: A Reflection on the Prison Administration Policy in the context of Deaths in Judicial Custody International Journal of Legal Studies and Research, WB-NUJS, Vol 7, Issue 2, September 2018 Issue, [ISSN (O): 2278-4764]. ARTICLE, UGC-LISTED, PEER REVIEWED
  • Vicissitudes and Critical Realms of Rehabilitation and Compensation Policy in Land Acquisition: An Examination of Indian Experience with Human Rights Perspective Civil and Military Law Journal, Vol. 51, Issue 2, 2015 (ISSN :0045-7043) ARTICLE, UGC-LISTED, PEER REVIEWED
  • Reviewing Arbitration as a dispute resolution process in India: Is it an albatross around the neck of judicial process?” Civil and Military Law Journal, Volume 52, Issue 1, 2016 (ISSN 0045-7043) ARTICLE, UGC-LISTED, PEER REVIEWED
  • Revisiting Judicial Independence and Judicial Accountability Debate in India: Vicissitudes of Judicial Structural Mechanisms and the need for Internal Reformative Strategies MATS University Law Journal, Vol 1, Issue 1, ISSN:2250-3889. UGC LISTED, ARTICLE, PEER-REVIEWED
  • “Child Participation: Time to assimilate agile brains” Mindshare International Journal of Research and Development 2012, Vol 3; Issue 2. (ISSN: 2229-4872) ARTICLE, PEER-REVIEWED
  • Revamping the Custom clearance process in India through an institutional approach towards Trade Facilitation: A Case Study of Custom Clearance Facilitation Committee’ Published at United National Economic and Social Commission for Asia-Pacific CASE STUDY, INTERNATIONAL, ONLINE
  • India’s stance on ‘SPS’ and ‘TBT’ measures in international trade Paradigm: analysing the trajectories of Indian recent initiatives in Standardization of trade norms Lexigentia Journal, (ISSN: 2454 - 1613) [Published by Thomson Reuters] ARTICLE, INTERNATIONAL, BI-ANNUAL, PEER- REVIEWED
  • Deciphering the liability of public servants in the honey-trap cases:

    • A critical analysis of prevention of corruption act, 1988 Indian Bar Review, Vol 47 (2 &3), 2020 PEER-REVIEWED & REFERRED JOURNAL

  • Special and Differential Treatment Under the Anti-Dumping Agreement, The Agreement on Subsidies And Countervailing Measures and the Agreement on Safeguards JETIR, September, 2020, Vol 7, Issue 9. PEER-REVIEWED, IMPACT FACTOR 5.87
  • Trajectories of Emerging Global Trade Regime on E-Commerce: Examining India’s Policy and Regulatory Conundrum Scholars International Journal of Law, Crime and Justice, Scholars Middle East Publishers (Dubai). ISSN: 2617-3484 INTERNATIONAL, PEER-REVIEWED
  • Transgenders and Right to Employement in India: Analysing the Trajectories of Discrimination BestuuR Journal of Administrative Law, Faculty of Law, Universitas Sebelas Maret, Surakarta, ISSN: 2722-4708 INTERNATIONAL, PEER-REVIEWED.
  • Paradigms of “Immigrant Vulnerability in India”: An Investigation into the Vicissitudes of Exclusion MAHARASHTRA NATIONAL LAW UNIVERSITY LAW REVIEW, MUMBAI [UPCOMING, 2022; TO BE PUBLISHED BY THOMSON REUTERS] PEER-REVIEWED
  • DISSECTING THE CISG FRAMEWORK AND THE INDIAN SALE OF GOODS REGIME IN THE CONTEXT OF ‘DELIVERY’, ‘TIME’ AND ‘RISK’: A COMPARATIVE ACCOUNT INTERNATIONAL JOURNAL OF LEGAL SCIENCE AND INNOVATION [VOLUME 3, ISSUE 6, 2021 ISSN: 2581-9453] (UNDER THE AEGIS OF VIDHIAAGHAZ) DOUBLE BLIND PEER REVIEWED, INTERNATIONAL JOURNAL
  • SHOULD TRADE REMEDIES BE ELIMINATED FROM WTO: A RESPONSE TO TANIA VOON JOURNAL OF HUMAN RIGHTS, CULTURE AND LEGAL SYSTEM [VOL 3, NO 3, 2021, ISSN: 2807-2812] PUBLISHER: LEMBAGA CONTRARIUS INDONESIA. INTERNATIONAL, PEER-REVIEWED

Paper Presentations

Conferences.Seminars etc

  • International Conference “Child Participation and Child Rights Education” Mindshare International, 2012.
  • National Symposium “Indian rural market is the real market” Loyola Economics Association for development, Department of Economics, Loyola College, Chennai.
  • National Seminar “Media and Law Interface: Issues and Challenges” Centre for criminal justice administration, RMLNLU, Lucknow and Department of Higher Education, Government of Uttar Pradesh.
  • National Symposium “Disability rights and Equality” National Law University, Odisha, Centre for Disability Law and Advocacy, April, 2015.
  • International Seminar on Judicial Ethics Revisiting Judicial Independence and Judicial Accountability debate in India MATS University in Collaboration with Lazaraski University, Poland, 2016.
  • National Conference on Law and Justice in 21st Century The Metamorphosis of Indian Economy with the ‘Goods and Service Tax’: Revamping and Redefining the feasibility of ‘Trade Facilitation Agenda’ in India’ HPNLU, Shimla.
  • National Seminar India’s Current position on Sanitary and Phyto-Sanitary Measures and Technical barriers to trade: Challenges and Opportunities ICSSR sponsored National Seminar on Indian Foreign Policy, organized by Department of Political Science, HP University, Shimla.
  • International Conference International Commercial Arbitration and United Nations Convention on International Sale of Goods: Examining the Domains of Convergence or Divergence Amity Law School, Noida, August, 2018
  • International Conference in Law, Society and Development The United States’ strategic policy of intellectual property protection and enforcement through trade facilitation: assessing the impact on India’s intellectual property regime’ MATS Law School, Raipur, 2018.
  • 2nd National Law Seminar India’s Evolving and Current Position on Sanitary and Phyto- Sanitary Measures and Technical barriers to Trade in the light of Globalisation: Opportunities and Challenges Prestige Institute of Management, Gwalior.
  • National Webinar on Reproductive Rights of Women in the Changing World Access to Medical Care and Health Infrastructure HPNLU, Shimla on August 29-30, 2020
  • Police System in India Series-12th Webinar on Police System in Andaman, Jharkhand and Madhya Pradesh. Police System in the State of Madhya Pradesh. Menon Institute of Legal Advocacy and Training; 7th October, 2020.

OTHER ACADEMIC PARTICIPATIONS/ACADEMIC COURSES/FACULTY DEVELOPMENT WORKSHOP/TEACHER’S TRAINING PROGRAMME

S. No Name of the Course/Activity Nature of the Course Organized by

  • Settlement of Disputes in International Law Winter Academic Course Indian Society of International Law, New Delhi, 2016.
  • International Investment Arbitration and Intellectual Property Rights Short Academic Course Mr. Kabir Duggal, Senior Associate Baker & Mckenzie, NLU Jodhpur, IPR Chair, 2016.
  • Intellectual Property in Business Academic workshop Centre for Intellectual Property, NLU, Odisha & Enhelion Prvt. Limited, 2014.
  • Impact of Globalization on national legal systems resurgence of legal pluralism, law and economics of technology innovation, regulatory culture and regulatory competition Short Academic Course Prof. Jane K. Winn, Professor of Law, University of Washington, at NLU, Jodhpur, 2016.
  • International E-Commerce Law Single Credit Course Prof. Jane K. Winn, Professor of Law, University of Washington, at NLU, Odisha, 2015.
  • Geographical Indications of Rajasthan Academic Workshop DIPP Chair on IPR & NLU Jodhpur, 2017.
  • RTI Jurisprudence Workshop Commonwealth Human Rights Initiative, (CHRI), New Delhi, 2015.
  • Life Skills Workshop Rajiv Gandhi National Institute of Youth Development, in collaboration with NLUO, 2016
  • Field Work in the ‘CIRCLE’ Jail of Cuttack District on Rape and Dowry-death under-trials and convicts (Living Conditions and General Survey) Academic Socio-Legal Study Prof. Rita Ray, Professor of Sociology, National Law University, Odisha.
  • Technical Speaker/Resource person Technical Session on Mediation Techniques Himachal Pradesh National Law University, Shimla, 2018.
  • The Biological Diversity Act sponsored by UNDP-GEF (Global ABS Project)-Chaired a Plenary Session on a Technical theme. Regional Workshop Dharmashastra National Law University, Jabalpur & National Law School of India University, Bengaluru etc. [2019]
  • Jurisprudence: Advance Course Teachers’ Training Programme on Jurisprudence: Advance Course Organized by Centre for Law, Justice and Development, National Law University, Delhi on December 15-19th, 2018
  • March of Law: Legal, Policy and Institutional Challenges to Urban Governance in India: Towards Making Our Cities more sustainable and liveable Professor N. R. Madhav Menon Refresher Course for Law Teachers Organized by NLSIU, Bangalore in association with BAR Council of Kerala M. K. Nambyar academy for Continuing Legal Education and Directorate of Municipal Administration, Government of Karnataka.

Awards and Honours

  • NANI A. PALKIWALA MEMORIAL GOLD MEDAL FOR SECURING FIRST POSITION IN ALL STREAMS OF LL.M AT NATIONAL LAW UNIVERSITY, JODHPUR (2016-17).
  • MILON KUMAR BANNERJEE MEMORIAL GOLD MEDAL FOR SECURING FIRST POSITION IN THE LL.M SPECIALIZATION I.E INTERNATIONAL TRADE AND INVESTMENT LAWS AT NATIONAL LAW UNIVERSITY, JODHPUR (2016-17).
  • ASIA PACIFIC TRADE FACILITATION FORUM 2017, TRADE FACILITATION INNOVATION AWARD RECEIVED FROM UNITED NATIONS ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND PACIFIC, FOR CO- AUTHORED INNOVATION PROPOSAL TITLED “REVAMPING THE CUSTOMS CLEARANCE PROCESS IN INDIA THROUGH AN INSTITUTIONAL APPROACH TOWARDS TRADE FACILITATION” [ The Innovation proposal was co-authored with the Customs Commissioner, New Delhi, Govt. of India, Director (CUTS International) and other member of the organization.]
  • BEST PAPER PRESENTATION AWARD RECEIVED DURING INTERNATIONAL CONFERENCE ON CURRENT DEVELOPMENT IN LAW, SOCIETY AND ECONOMY, MATS LAW SCHOOL, RAIPUR [7TH OCTOBER, 2018]

Research and Consultancy

RESEARCH PROJECTS:
1. Sponsored Research Projects 1. Police System in India 2020-21 Project Coordinator for the State of Madhya Pradesh. Sponsored by MILAT (Menon Institute of Advocacy and Training) and Thomson Reuters; Project is Valued for Rs. 1 Crore. 2. Unsponsored/Representative Research Projects (For Supreme Court of India) 1. Fact File for Constitutional Court of Korea, Association of Asian Constitutional Courts and Equivalent Institutions (AACC) Secretariat for Research and Development (SRD) on the topic of “Constitutional Rights 2021-22 Preparation of the Fact File as Assistant Registrar of Centre for Research and Planning, Supreme Court of India. Project Work for the Supreme Court of India. 2. Judicial Education and Training” Research Survey in Commonwealth countries conducted by the Commonwealth Judicial Education Institute, Canada. 2021-22 Preparation of the Survey Report as Assistant Registrar of Centre for Research and Planning, Supreme Court of India. Project Work for the Supreme Court of India.