Shilpa Singh Jaswant

@jgu.edu.in

Lecturer and Law
OP Jindal Global University

Shilpa Singh Jaswant

EDUCATION

LLM at Europa Kolleg- University of Hamburg, Germany
B.Sc. at Gujarat National Law University, India

RESEARCH INTERESTS

Law, Technology, Blockchain
3

Scopus Publications

71

Scholar Citations

4

Scholar h-index

2

Scholar i10-index

Scopus Publications

  • Legal, Social and Political Conundrums in Regulating Rathole Mining in Meghalaya
    Shilpa Singh Jaswant
    Green Criminology and Climate Justice A South Asian Perspective, 2026
    In 2018, 15 people were found trapped in a sub-soil rat-hole mine in Jaintia Hills, creating panic among the officials of the Government of Meghalaya rushing before the Supreme Court (‘SC’) to challenge the order of National Green Tribunal passed in 2014. This 2014 order banned rat-hole mining, mostly happening in the Hills districts of Meghalaya, and penalised the State with a fine of 100 crores INR. The SC upheld the NGT order to ban the illegal and unscientific mining that is against the interests of the tribal people, the people employed in the mines and the environment of the area. Hardly any changes, driven by the socioeconomic conditions, in the region are seen as the miners are continuously violating the orders and tribals continue to work. Rat-hole coal mining requires people to go down through a narrow tunnel under the ground to extract coal that may involve these tunnels being flooded with water. Often children, due to their short stature, are exploited and sent underground. Apart from endangering lives of the miners, rat-hole mining has caused continuous and irreparable damage to water, air and agricultural land in many parts of Meghalaya. The SC examined this crisis and called for ‘honest and sincere efforts’ from the government, without which the NGT ban has no meaning. The chapter aims to examine the judicial approach of the courts and administrative approach of the state government in regulating or controlling illegal mining activity, while looking at the contributing legal, social and political conditions that have resulted in the continuation of this way of mining in Meghalaya.
  • Data sovereignty and data transfers as fundamental elements of digital transformation: Lessons from the BRICS countries
    Luca Belli, Water B. Gaspar, Shilpa Singh Jaswant
    Computer Law and Security Review, 2024
  • Smart contracts and blockchain: legal issues and implications for Indian contract law
    Shilpa Singh Jaswant, Prajakta Kale
    International Review of Law Computers and Technology, 2022
    The nature of contracts has seen transformation with advances in technology. The efficacy of contract law has been put to the test during this transition from paper-based traditional contracts to electronic contracts. A step forward in this changeover is the ‘smart contract’. Although the term ‘smart contract’ has been in use for two decades, there is as yet no consensus on its meaning. For this paper, we refer to smart contracts as those based on blockchain technology, which generates a decentralised tamper-evident ledger shared within a network of entities. The paper is a critical analysis of the efficacy and adequacy of the Indian Contract Act, 1872, and the Information Technology Act, 2000, in the context of smart contracts. It traces how accommodative Indian law has been to electronic contracts and extends this analysis to smart contracts. It probes smart contracts in the context of the general principles of contract formation, viz., meeting of the minds, offer, acceptance, consideration, capacity, performance, and enforceability. The legal and regulatory aspects of cryptocurrencies, which are often used as consideration, are examined in the Indian context. The paper also elucidates upon the synchronisation of law and technology.

RECENT SCHOLAR PUBLICATIONS

  • Data sovereignty and data transfers as fundamental elements of digital transformation: Lessons from the BRICS countries
    L Belli, WB Gaspar, SS Jaswant
    Computer Law & Security Review 54, 106017 , 2024
    2024
    Citations: 45
  • Smart contracts and blockchain: legal issues and implications for Indian contract law
    SS Jaswant, P Kale
    International Review of Law, Computers & Technology 36 (3), 312-329 , 2022
    2022
    Citations: 15
  • Arbitration in the WTO: Changing Regimes Under the New Multi-party Interim Appeal Arbitration Arrangement
    SS Jaswant
    http://arbitrationblog.kluwerarbitration.com/2020/05/14/arbitration-in-the … , 2020
    2020
    Citations: 7
  • Where Does Indian Merger Control Stand After ‘Green Channel’ Fast Track Approvals For Combinations?
    SS Jaswant
    http://competitionlawblog.kluwercompetitionlaw.com/2019/08/27/where-does … , 2019
    2019
  • Confidentiality under Indian Competition Law and its Applicability
    SS Jaswant
    http://competitionlawblog.kluwercompetitionlaw.com/2019/04/23 … , 2019
    2019
  • Report on negotiating directives for a convention establishing a multilateral court for the settlement of investment disputes
    S Singh Jaswant
    Oxford International Organisation , 2019
    2019
  • Merger Remedies in India: Having an Upper Hand
    SS Jaswant
    http://competitionlawblog.kluwercompetitionlaw.com/2019/04/01/merger … , 2019
    2019
  • Analyzing Features of Investment Court System under CETA and EUVIPA: Discussing Improvement in the System and Clarity to Clauses
    SS Jaswant
    http://arbitrationblog.kluwerarbitration.com/2019/02/08/analyzing-features … , 2019
    2019
    Citations: 4
  • A New and Improved Investment Protection Regime: Truth Or Myth!
    SS Jaswant
    http://arbitrationblog.kluwerarbitration.com/2019/02/03/new-and-improved … , 2019
    2019
  • Report on protocol on the application of the principles of subsidiarity and proportionality
    S Singh Jaswant
    Oxford International Organisation , 2019
    2019
  • Establishment of Investment Court System Under Ceta and EU-Viet Nam Fta and Its Compatibility With EU Law
    S Singh Jaswant
    Europa-Kolleg Hamburg, Institute for European Integration, Study Paper , 2018
    2018
  • Legal & Ethical Implications of Human Genome Project
    S Singh Jaswant
    Chapter , 2015
    2015

MOST CITED SCHOLAR PUBLICATIONS

  • Data sovereignty and data transfers as fundamental elements of digital transformation: Lessons from the BRICS countries
    L Belli, WB Gaspar, SS Jaswant
    Computer Law & Security Review 54, 106017 , 2024
    2024
    Citations: 45
  • Smart contracts and blockchain: legal issues and implications for Indian contract law
    SS Jaswant, P Kale
    International Review of Law, Computers & Technology 36 (3), 312-329 , 2022
    2022
    Citations: 15
  • Arbitration in the WTO: Changing Regimes Under the New Multi-party Interim Appeal Arbitration Arrangement
    SS Jaswant
    http://arbitrationblog.kluwerarbitration.com/2020/05/14/arbitration-in-the … , 2020
    2020
    Citations: 7
  • Analyzing Features of Investment Court System under CETA and EUVIPA: Discussing Improvement in the System and Clarity to Clauses
    SS Jaswant
    http://arbitrationblog.kluwerarbitration.com/2019/02/08/analyzing-features … , 2019
    2019
    Citations: 4
  • Where Does Indian Merger Control Stand After ‘Green Channel’ Fast Track Approvals For Combinations?
    SS Jaswant
    http://competitionlawblog.kluwercompetitionlaw.com/2019/08/27/where-does … , 2019
    2019
  • Confidentiality under Indian Competition Law and its Applicability
    SS Jaswant
    http://competitionlawblog.kluwercompetitionlaw.com/2019/04/23 … , 2019
    2019
  • Report on negotiating directives for a convention establishing a multilateral court for the settlement of investment disputes
    S Singh Jaswant
    Oxford International Organisation , 2019
    2019
  • Merger Remedies in India: Having an Upper Hand
    SS Jaswant
    http://competitionlawblog.kluwercompetitionlaw.com/2019/04/01/merger … , 2019
    2019
  • A New and Improved Investment Protection Regime: Truth Or Myth!
    SS Jaswant
    http://arbitrationblog.kluwerarbitration.com/2019/02/03/new-and-improved … , 2019
    2019
  • Report on protocol on the application of the principles of subsidiarity and proportionality
    S Singh Jaswant
    Oxford International Organisation , 2019
    2019
  • Establishment of Investment Court System Under Ceta and EU-Viet Nam Fta and Its Compatibility With EU Law
    S Singh Jaswant
    Europa-Kolleg Hamburg, Institute for European Integration, Study Paper , 2018
    2018
  • Legal & Ethical Implications of Human Genome Project
    S Singh Jaswant
    Chapter , 2015
    2015