Category: Public International Law

The Struggle of a Democracy against Terrorism: Sacrificing Civil Liberties to Reduce Terrorism Risks

Terrorist threats have existed throughout modern history, and the importance of deterring and preventing terrorist acts is of central importance. The impulse to abandon human rights norms in times of fear and crisis is short-sighted and self-defeating. As the revelations of shocking abuses at Abu Gharib prison have demonstrated, the world will not easily accept inhumane treatment in any context, and such treatment will tarnish and undermine even legitimate security operations. Therefore, this is an issue which requires in-depth analysis, as done by the author, due to its complex and multidimensional nature.

Principle of Non-Refoulement and its Absolute Nature

By Akkiraju Chandralekha, SLS Pune Editor’s Note: The principle of non-refoulement is a major concept in public international law, dealing specifically with refugee laws within the human rights regime. The principle basically says that a refugee, once entered another country, cannot be forced back to his original country unless under […]

Passive Personality Principle: An Overview

By Sanjana Sahu, School of Law- KIIT University  Editor’s Note:  This paper discusses the passive personality principle in general. Firstly, there is a determination of jurisdictional competence of a State under which this theory is established which is the criminal, extra- territorial jurisdiction of the State. This paper first defines this principle, […]

Law On Phone-tapping In India

By Priyan Garg, Amity Law School, Noida “EDITOR’S NOTE:- The recent times have exposed the diabolic methods used by government agencies all over the world for the greater good of national security. Deployment of such techniques is invasive of the fundamental right to privacy that citizens are entitled to. In […]

The Indian Legal Service Market And GATS

By Amrit Subhadarsi, KIIT School of Law, Bhuvaneshwar “EDITOR’S NOTE:- This piece analyses the prospect of liberalization of the Indian legal service market in light of India’s international commitments under the General Agreement on Trade and Services( GATS). The Advocates Act,1961 and the Bar Council Of India Rules have placed […]

Precautionary Principle

By Harpreet Kaur, UILS, Chandigarh “Editor’s Note: The precautionary principle has been adopted universally in different environmental instruments. It states that if there is risk of severe damage to humans and the environment, absence of incontrovertible, conclusive, or definite scientific proof is not a reason for inaction. This principle shifts the […]

Convention on the Establishment of an International Fund for Compensation of Oil Pollution Damage : An Overview

By Shrushti Rath, KIIT University School of Law Editor’s Note: The International Convention on Civil Liability for Oil Pollution Damage (CLC) was adopted in the year 1969 to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships.  The Convention on the […]

The Protection of Refugees Bill, 2014

By Shristi Banerjee and Aditya Pattnaik, WBNUJS Editor’s Note: This paper is in the form of a proposed draft for a bill titled the Protection of Refugees Bill. The Bill contains 48 sections and 14 chapters. The preamble states that it is a  bill “to provide for the legalisation of asylum […]

The Corfu Channel Case

By Aarti Goyal, UILS, Chandigarh Editor’s Note: The general principles of International law are among the sources of national and International Law, which have long been recognized and applied in disputes. The Corfu Channel case addressed the question of civil liability of Albania, which had placed mines within its sovereign waters […]