By Jibin Mary George, Amity Law School, Delhi EDITOR’S NOTE:- The concept of sovereignty has been evolving since time immemorial. Since the World Wars, countries have stepped up their sensibilities towards their territorial limits. The recent South China Sea dispute highlighted how territoriality has extended itself to water bodies as […]
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.
The Kashmir problem
By Abhinav Yadav Editor’s note: This paper analyses the problem faced by Kashmir, a territory that has been in turmoil ever since the partition between India and Pakistan. It discusses the strategic position Kashmir occupies, the problems associated with becoming contiguous with either country, the political situation, and the complications […]
Aircraft Hijacking
By Soumya Singh Chauhan, UILS, Chandigarh “Editor’s Note: This paper deals with the phenomenon of aircraft hijacking- taking control of an aircraft by hostile forces for ransom or some other demands. It analyses the different international conventions that have been put in place to curb the menace of aircraft hijacking. […]
International Law and Self Determination
By Aakash Kumbhat, Akhil Mahesh & Apoorv KC, National University of Advanced Legal Studies, Kochi “Editor’s Note: In international law, the principle of self determination recognises the right of freedom of a state from the rule of any oppressionist power. This has been widely seen in the cases of independence […]
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 […]
Property rights in outer space
Prakhar Maheshwari, West Bengal National University of Juridical Sciences Editor’s note: Recently, the usage and outlook of space as a resource has become prevalent. Humans have sought to use it for economic benefits, and exploit lands beyond the earth. This paper deals only with tangible property, and does not include […]
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 […]