Current Issue of IJIL Content: https://isil-aca.org/download/2023/content-IJIL-vol-63-no-3-4-2023.pdf

Current Issue of IJIL Content: https://isil-aca.org/download/2023/Content-IJIL-Vol-63-No-1-2-2023.pdf

The purpose of this work is to introspect the regulatory concepts of the common in international law - such as common heritage of humanity, common interest of humanity and world heritage. In order to identify the background that led to the creation and limitation of these terms, a genealogical mapping is proposed. From a critical reflexive point of view over its current configuration and functionality, its regulatory potential in the socio-ecological context in a transnational constellation is analysed.

This paper is a statistical correlational study of the outcome of judgments of the judges of the Supreme Court of India apropos the Government qua their postretirement engagements. In doing so, it has swotted judgments rendered by these judges where the Union Government was a litigator and examined if any particular judge decided against or in favour of the submissions of the Government and discusses if they were subsequently provided with any post-retirement engagement(s) irrespective of the judgments. Broadly, the post-retirement engagements have been divided into three categories with further subcategories. It should be noted that in no way, this paper alleges any sort of quid pro quo between the judiciary and government, rather it is purely an academic endeavour to discern quantitatively if the outcome of a judgment involving government in any way influenced the post-retirement engagements of judges. It should be noted that we are not imputing impropriety on the judiciary. To reach objective clarity through this exercise, mathematical findings and statistical data have been computed along with comparative analysis. The 1985 United Nations Basic Principles on the Independence of the Judiciary that were followed by the 2006 Bangalore Principles of Judicial Conduct are the global attempt to encourage broad based discussion about independence of judiciary.

The global environment and climate are the common concern of humanity. This article seeks to highlight the effectiveness of the precautionary principle for addressing causation in climate change litigation at the international, regional, and national levels. This is relevant to the judicial application of the precautionary principle as climate change litigation is the greatest concern for the survival of any living species from humans to animals. The international community and governments have struggled to develop an effective national regulatory response to redress the adverse impact of global warming in the courts. Notwithstanding the increased number of climate change litigations in court, the success rate has been relatively low. One of the obstacles has been the difficulty of establishing causation-the link between greenhouse gas emission sources to climate change impact due to scientific uncertainties. This paper argues that the application of the precautionary principle could be a useful avenue to respond to establish causation in the context of climate change litigations. Exploring the controversial standpoint in international law, the article discusses how the principle can be applied to climate change litigation with case references from the United States, Australia, New Zealand, and South Asia.

In last one decade, a shift in the focus of the discussion is observed in the area of the prohibition of use of force and international law on self-defence. Russia-Ukraine war triggered a fresh debate on the legal analysis as to the practice and the applicability of the content and limitation of both norms. Conditions have changed since 1945, it seems timely to review the several international measures by United Nations institutions including invocation of Uniting for Peace Resolution, condemnation, accountability and compensation issues etc pursued during Russia-Ukraine war.

The section of state practice of India presents a brief update of references to international law in the Indian judiciary, Indian executive and Indian legislature during the period under review (Janauary-June 2023).

The Indian higher judiciary has generally been sensitive to the sufferings of the people. Several cases that have been filed in the form of public interest litigation(PIL) before the courts have immensely helped poor and needy. However, it is not easy for a citizen living in a distant land to knock at the doors of the highest court of the land. Despite several procedural limitations the Indian higher judiciary nevertheless has positively and promptly responded to the poor and deprived sections of the society. The zeal and the determination with which such cases were pursued by some selfless individuals before the courts need to be told. This book under review just does this. It is one of the rare books that chronicle the legal and administrative steps taken to provide thousands of famine-stricken people in a remote part of our country a hope for survival.

The principles of human rights are as old as the ancient doctrine of "natural rights" founded on natural law. The expression "human rights" is of recent origin emerging from post Second World War (1939-1945) in the International Instruments, the Charter of the United Nations, 1945 (UN) etc.1 The Preamble of the Charter of the United Nations, 1945 declares that the United Nations shall have for its object, inter alia, "to reaffirm faith in fundamental human rights," and Article 1 thereafter states that the "purposes" of the United Nations shall be, inter-alia, "to achieve international co-operation…in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion…" The Charter of the United Nations, 1945 had been ahead of its time by linking peace and security, and socio-economic development and respect for human rights, for example, by Articles 55 and 56.

Amariles, Restrepo Devid and others, "Reconciling International Investment Law and European Union Law in the Wake of Achmea", International and Comparative Law Quarterly, vol. 69, no. 4 (2020), pp. 907-944. Aragon, Michael, "The Expanding Concept of Investment Provides for Transnational Agreements- an Analysis through the Lens of Reasoning in Relevant Arbitral Awards", Houston Journal of International Law, vol. 42, no. 3 (2020), pp. 573-670. Baetens, Freya, "Protecting Investment and Public Health through Arbitral Balancing and Treaty Design", International and Comparative Law Quarterly, vol. 71, no. 1 (2022), pp. 139-182. Banerjee, Abhijit, V. and Duflo, Esther, "How Poverty Ends the Many Paths to Progress-and Why They Might Not Continue", Foreign Affairs, vol. 99, no.1 (2020), pp. 22-29.

The UN General Assembly (UNGA), as a plenary organ, has invoked its principal instrumentality of resolutions to address a wide variety of global problems. In the 77th session (October 7, 2022 to September 1, 2023), the UNGA adopted 338 resolutions whereas the first three months of 78th session (September 29, 2023- December 22, 2023) alone witnessed adoption of 258 resolutions. The mirage of being called "recommendations" (Article 11, the UN Charter) has never come in the way of finesse with which the Assembly has invoked its resolutions to focus on contemporary common concerns. The 2030 Sustainable Development Goals (SDGs) adopted by resolution 70/1 (September 25, 2015) has been one such major global action plan that became a milestone in a long line of engagements of the UNGA with a normative halo. Regarded as "hopes, dreams, rights and expectations of people", the SDGs are now at the mid-way to the 15-year cycle (2015-2030). The performance assessment on 17 Goals shows that the promise of leaving "no one behind" is in peril.

This paper provides an in-depth analysis of the human rights provisions of the UN Charter and the historic Universal Declaration of Human Rights (UDHR). The drafting history of UDHR reveals many compromises and agreements among participating States representing different socio-political, legal, cultural and philosophical backgrounds. The salient features of human rights have been essayed, besides evaluating criticisms and praises of the Declaration. It also briefly discusses the significance of two International Covenants on Human Rights. The UDHR and the Covenants together with their Optional Protocols are known as the "International Bill of Human Rights", the first in human history.

The inclusion of science and technology in human rights discourse (artificial intelligence, internet, cloning of human being and sex change) has resulted in an issue of debate whether "the human" moves into "the posthuman". Some scholars argue that'posthuman' transformed the means through which human rights are advanced/exercised therefore consider and identify it with the Fourth Generation of Human Rights. Others contended that'posthuman' is potential means to impair the human rights. This debate seeks an answer to few fundamental issues raised pertaining to 'posthuman': Whether the focus on the interaction of science, technology, and the law is a key aspect of "posthumanism"? Is setting up separate systems for protecting both public and private rights appropriate? Whether future legislation should focus on protecting rights in response to specific circumstances?

Advancements in technology led to a major shift in the nature of armed conflicts. The emergence of novel weapon systems like Autonomous Weapon System (AWS) has significantly reduced the deployment of conventional weapons in modern armed conflicts. These high-tech-dependent weapon systems have posed exceptional challenges to implement International Humanitarian Law (IHL) effectively. The higher levels of technology, as well as inherent unpredictability, make it challenging to comprehend the functioning of such weapons and the effects of their deployment in an armed conflict. Negligible human intervention in AWS, owing to the increased levels of autonomy, has raised questions about accountability for violations committed by them under IHL. The autonomy of these weapons remains an important concern. The absence of human agents from critical functions of AWS raises doubt about its legal compliance. This current paper is an attempt to discuss the framework of autonomy, the weakening position to address the concerns of accountability, and the failures that resulted in legal complications.

Climate change and human displacement are interrelated. The greatest single impact of climate change is on the human migration with millions of people displaced by environmental degradation. There are many push (increase in temperature leading to drought like situation, increase in sea level, natural disasters etc.) and pull (voluntary movements for their economic betterment) factors that leads to the movement of population. Most of the people displaced due to weather hazards remain within their country as internally displaced persons and become the responsibility of their nation to be taken care of. But what if they cross internationally recognized border. Their status remains unclear. As forcibly displaced not covered under international legal regime relating to the protection of refugees, they find themselves in a legal void. Keeping in view the gaps in the protection of climate induced displaced persons across borders, the article is an attempt to highlight the issues related to the definition of climate refugees, to analyze as to what extent human displacement in the context of climate change is integrated in international and regional legal and normative framework.

Climate change policies require societies and individuals to undertake potentially costly measures to address a long-term and uncertain threat of climate change. States agreed to take different actions to prevent climate change under the Paris Agreement polices. India remains committed to the Paris Agreement by taking important steps towards reducing global climate change. In Sharm El-Sheikh Conference held in 2022, many new initiatives were taken. This paper examines the progress made in the Sharm El-Sheikh over the Paris Agreement. It further examines India's progress towards achieving the climate change policy goals of the Paris Agreement and the appropriate approach towards COP 28 scheduled in Dubai.

This section presents a brief update of the Indian practice relating to International Law during the period July-December 2023. I. INDIAN JUDICIARY A. Public International Law (i) Commissioner of Income tax (IT)-2, Mumbai v. Citicorp Investment Bank (Singapore) Ltd1 This case dealt with whether, the taxpayer, a Singaporean tax resident, is entitled to the benefit of Article 13(4) of the India-Singapore tax treaty [relating to capital gains] in respect of its capital gains from sale of Indian securities? The case also determines the scope of the provisions of Article 24 of the India-Singapore Tax Treaty [relating to limitation of relief].

The extent and magnitude of the triple planetary crisis, comprising the climate emergency, the collapse of biodiversity and pervasive pollution, is an urgent and systemic threat to children’s rights globally. The unsustainable extraction and use of natural resources, combined with widespread contamination through pollution and waste, have had a profound impact on the natural environment, fuelling climate change, intensifying the toxic pollution of water, air and soil, causing ocean acidification and devastating biodiversity and the very ecosystems that sustain all life.

1."Authorisation" shall mean the permission granted by IN-SPACe to any entity working in the Space sector; 2."Free-To-Air Navigation Signals" shall mean the civilian navigation signals that are broadcast to all users within the service region free of cost by the satellite navigation systems; 3."GSD" shall mean the distance between two consecutive pixel centres as measured on the ground; 4."Indian Orbital Resource" shall mean any Orbital Resource acquired or in the process of being acquired by the Indian administration through an ITU Filing; 5."ITU Filing" shall mean an application submitted to ITU for acquiring the orbital resources;

There is a version of the ancient Spanish sport of bullfighting known as "fighting lemon-style", based on the principle that two matadors come together like the halves of a lemon that has been cut in two and then reunited. The rule is that both fighters must deliver lethal blows to the bull simultaneously while wrapped in the same cloak and one condition of this dangerous sport stipulates that the participants must be blood brothers, although this contest may take place only once in 50 years (Pablo Neruda, España en el corazón)

The Book 'Fundamentals of National Space Laws' edited by Sandeepa Bhat B and Shovik Kumar Guha published by Thomson Reuters (2022) is a compendium of nineteen distinct essays authored by distinguished scholars. While the first part of the book i.e. Chapters 1 to 9 largely illustrate national efforts in various jurisdictions to promote commercial use of outer space, the second part of the book Chapters 10 to 19 reflect upon the domestic approaches to some of the contemporary issues in outer space.

In the era of technological transformation, implying a copyright licenses is new and evolving concept under copyright law. Implied License are considered as standard and targeted legal instrument to balance competing interests between copyright owners and content users while using of copyrighted work especially in digital environment. Having its origin in contract law, implied license has been initially applied on intellectual property under patent law for new and useful invention; and subsequently under copyright law for the digital work. Such work being personal property under the copyright law, if a person or user is permitted to make limited use of this with the consent of owner, or under established custom, or on the basis of policy considerations, implied licenses arises in his favor under common law. The implied license on digital work similarly provides that 'copyright owner who created his work online is deemed to have accepted online rules of conduct on its dissemination despite any contrary assertion'.

International Economic & Trade Law Articles: Abaidullayeva, Madina, and others, "Trade and Economic ‘Wars’ Between the USA and Russia, the Consequences for the Economy of Kazakhstan", Journal of World Trade, vol. 57, no. 4 (2023), pp. 663-688. Ajibo Collins, C. "AFCFTA and Regional Value Chain Development Confronting the Barriers and Changing the Orthodoxy", Journal of World Trade, vol. 57, no. 4 (2023), pp. 577-592. Akman, Sait, and others, "Reforming the WTO through Inclusive and Development-friendly Plurilaterals", Journal of World Trade, vol. 57, no. 5 (2023), pp. 875-888. Alabrese, Mariagrazia and Coli, Francesca, "International Trade in the CFS Voluntary Guidelines on Food Systems and Nutrition a Missed Opportunity", Journal of World Trade, vol. 56, no. 4 (2022) pp. 693-711. Alade, Isa, and others, "Disruptive Innovations or Enhancing Financial Inclusion What Does Fintech Mean for Africa", Vanderbilt Journal of Transnational Law, vol. 56, no. 3 (2023), pp. 673-746.

Current Issue of IJIL Content: http://isil-aca.org/download/2022/Content-IJIL-vol-62-no-3-4-2022.pdf

Current Issue of IJIL Content: http://isil-aca.org/download/2022/Content-IJIL-vol-62-no-1-2-2022.pdf

During the negotiations for the establishment of the International Criminal Court(ICC), most states wanted an impartial judicial body, insulated from the United Nations Security Council (UNSC) politics. On the other hand, permanent members of the UNSC insisted on having a veto power over ICC's operations. Eventually, a compromise was reached following a proposal by Singapore. The compromise formed the basis for Articles 13(b) and 16 of the Rome Statute, which respectively confer upon the UNSC the power to trigger and defer ICC investigations. The compromise was meant to enlist the support of superpowers. Yet, three of the five permanent members of the UNSC; namely, China, Russia, and the United States have not only stayed out of the Rome Statute system but also have taken turns in undermining the ICC. Thus, the political power they enjoy over the ICC – an institution they refuse to recognize–defies elementary requirements of legitimacy. Crucially, the lack of consensus in the UNSC due to growing big power confrontations and the shifting global distribution of power means that it has been unable to make referrals for over a decade. The price the ICC pays in terms of its independence and legitimacy due to its association with the UNSC is thus for little gain.

This article conceptualizes the concept of culture under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as an empirical puzzle within the discipline of political science. Thereby, it is located at the intersection of public international law and political science. The CEDAW's conception of culture states that traditional, cultural attitudes cause gender-based violence (GBV). Prominent Western scholarship embodied by Merry (2003) critiques this reference. However, non-Western scholars from Israel, Latin America, India and Africa concur in the opinion that traditional, cultural attitudes indeed cause GBV. Empirical evidence from India on GBV, as a country with the worst record of CEDAW compliance, is utilized to adjudicate these competing explanations. The sati (widow burning) of Roop Kanwar (1987) and the Parliamentary reversal of the Shah Bano Judgment (1986) are utilized to negates Merry (2003) and demonstrate that traditional cultural attitudes cause GBV.

Across globe exploring 510.072 million square kilometers and 3814 distinct cultures, one simple similarity is found i.e. parents are the dearest ones to their infants. Being a safe house, parents’ plays the most significant role in shaping children's life with proper guidance and care. Parent's arms are the warmest, heartening, and soothing place for their children of all ages starting from newborn to a grownup child. Therefore, logically it’s the holy duty of every eligible adult child to ensure maximum care and safety for their parents. Unfortunately, reality is much harsher as often adult child tends to overlook the caring efforts of their parents and abandon the greatest gift of their life. Provision of social security for elder person has been the mantra of developed countries since long, international instruments recently paid attention by referring the issue of social security in view of absence of any concrete measures within the developing countries.The study resorts to comparative analysis of the few countrie's legal framework along with their potential aspects and some important loopholes. In this context, it also outlines the background of Bangladesh's initiatives including the Bangladesh Parents Maintenance Act 2013.

For decades, various space applications and technologies have provided humanity with immeasurable scientific, socio-economic, and strategic benefits. To avoid miscalculations and misunderstandings that may lead to conflicts, all States and space stakeholders must have a clear and uniform understanding of their rights and obligations relating to the conduct of space activities, including military space activities. To aid and assist all States and space stakeholders, the McGill Manual of International Law Applicable to Military Uses of Outer Space (McGill Manual) is the world's first manual clarifying the international law applicable to military uses of outer space in times of peace, including challenges to peace. The 52 Rules of the McGill Manual are the result of an internationally-recognised effort involving over 80 legal and technical experts from across the globe. The publication of the McGill Manual represents a major effort in strengthening the international rule-based order for the safe, secure, peaceful, and sustainable use of outer space.

The case laws, legislation and India's statements presented below cover the period from January 2022 to June 2022. The summary of the cases allows the readers to capture international law references made by the parties and assess the response of the Indian courts. These cover a variety of topics linked to public and private international law.

Investment Incentive Agreement Between the Government of the United States of America and the Government of India

Ministerial Decision on the TRIPS Agreement

National Statement at the UNEP@50

The management and regulation of hazardous substances is one of the key challenges before the international community. With the increasing pace of development in recent decades the production of hazardous substances has increased manifold. International law has been attempting to regulate the transboundary movement of hazardous substances with the conclusion of several multilateral instruments. There are numerous regional conventions as well to deal with this issue. Even then, the trade in hazardous substances has gone unabated. There are several sectors such as foods, pesticides, pharmaceuticals and other related areas that produce huge amount of hazardous wastes.

The project of the Encyclopaedia of Public International Law in Asia (EPILA) to bring Asian states practice engaging with public international law is the outcome of the work of the Foundation for the Development of International Law in Asia (DILA) which was established in 1989 and produces the Asian Yearbook of International Law since 1991. The EPILA coveres three regional volumes encompassing the major sub-regions of the continent which includes Northeast Asia, Southeast Asia, and South and Central Asia with 16 state volumes involving 286 contributors. Considering the state practice of Asian states will consume huge number of papers, the EPILA is intended to present summary of state practice avoiding a detailed description of each aspects.

Recently we have witnessed the Stockholm+50 Conference (2-3 June 2022)1, which marked 50 years of the United Nations Conference on the Human Environment (UNCHE) that was held in Stockholm (Sweden) from 5-16 June, 1972. It was the historic Stockholm Moment2 that inspired a generation for the global movement of environment protection. The corpus of international environmental law-making has progressed exponentially in the last five decades (1972-2022) since the Stockholm Conference. It has also percolated down to the domestic levels through 'greening' of the constitutions, new legislations, policies and institutional mechanisms for environment protection.

Aleinieh, Kadour, Tarek, and Zoboli Laura, "Increasing Standardization for Smart(er) Contracts", Uniform Law Review, vol. 26, no. 3 (2021), pp. 583-598. Al-Sulaiti, Essa Ahmed, "WTO Members Can Save Their 'Crown Jewel': A View from the Arab World", Journal of World Trade, vol. 56, no. 1(2022), pp. 27-50. Ambale, Avinash, "To the Law Machine's Revisited: A Survey & Analysis of Methods and Techniques for Automation in the Legal World", International Journal on Consumer Law and Practice, vol. 7 (2019), pp. 52-73. Azaria, Danae, "Trade Countermeasures for Breaches of International Law outside the WTO", International and Comparative Law Quarterly, vol. 71, no.2 (2022), pp. 389-424.

The Stockholm+50 Conference (2-3 June 2022) has been perceived as a low-key affair and a missed opportunity. The moral halo that ushered the world into global environmental consciousness, led by the Prime Ministers of Sweden (Olof Palme) and India (Indira Gandhi) at the first UN Conference on the Human Environment (UNCHE) held in Stockholm (5-16 June 1972) seemed to be missing at the 2022 Stockholm+50 Conference. This historic event coincided with the 30th anniversary of the UN Framework Convention on Climate Change (UNFCCC). The Stockholm+50 event ended as a ubiquitous joint President's Final Remarks to the Plenary issued by Sweden and Kenya, the two host countries. In spite of the call for action by the UN Secretary-General Antonio Guterres to address the "triple planetary crisis" driven by climate emergency, biodiversity loss and pollution and waste, the Stockholm+50 outcome took the shape of tenpointsummarized recommendations. It didn't cause any ripples or resulted in a clarion call that could shake the conscience of peoples and nations to arise for averting the existential planetary crisis. The 2022 Stockholm+50 Moment remained a timid acknowledgement of things going terribly wrong in the past fifty years (1972-2022). Yet, no world leader stepped forward to don the mantle "to rescue" the world from the "environmental mess" as urged in the 2 June 2022 inaugural address of the UNSG. The heads of government and delegations seemed to lack the requisite sense of urgency and courage befitting the momentous occasion for a decisive course correction in the global environmental regulatory policies, legal instruments and the environmental governance architecture. What would it entail to address the planetary crisis? It brings to the fore some lessons from the outcome of the Stockholm+50 event on the limits of the global conferencing technique that presents an ideational challenge for scholars of International Law.The decision-makers of the sovereign states, the UN system, multilateral environmental treaty processes, and other international institutions need to reach out to seize the futuristic ideas of the outstanding scholars based anywhere in the world.

The contemporary foundation of Competition Law is based on the principles of prohibiting anticompetitive agreements and abuse of dominant position. The standard form of prohibited conduct undertaken by competitors is in the form of fixing of prices and cartel formations leading to high prices to the consumers. This is contrary to the situation where the competitors would have individually functioned. In this regard, the role played by Collective Management Organizations (CMO) becomes crucial. CMO's deal with assignment or licensing of rights existing under Copyright Law, by the right holders to the CMO's, licensing the rights to the users, distribution of licensing fees to the right holders and also cross licensing with various international CMOs. Competition Law professionals often consider bundled licensing of copyright at specified fix rates in contravention with the established rule that price fixing among competitors must be considered anti- competitive. As the competition law enforcers face typical challenges with regards to the application of competition law to collective management organizations (CMO), therefore a detailed explanation of the anti-competitive practices of CMOs towards copyright holders and users is undertaken in the present chapter. This chapter will also discuss the existence and functionality of both single monopolistic society and homogenous multiple copyright societies which have to be adopted considering the local conditions existing in each country and suggesting a model which will be best suitable for India.

The Declaration on Human Rights Defenders recognizes the rights protecting human rights defenders (HRDs) and the positive obligation of States to protect those rights. These rights have been heavily borrowed from several existing human rights documents, some of which are peremptory norms. In several countries, human rights defenders are targeted by state and non-state actors for exposing human rights violations or working to promote human rights. In an increasingly polarized society, human rights defenders have been facing even more threats across the globe for performing their work. This article draws attention to the rights and safeguards of human rights defenders under the 1998 Declaration adopted by the United Nations and other related human rights instruments and highlights some of the challenges pertaining to protection of HRDs. Despite important progress made with respect to their protection under human rights laws and UN Declaration, implementation is largely absent from the States.

International comity is the unacknowledged backbone of the international system. International comity has returned to the forefront of the international system due to the 2022-2023 Russia-Ukraine war. Under international comity, Russia insists on the establishment and protection of her geographical sphere of influence in Ukraine, a position to which the West objects. There is no international institution which can transform this current dispute over a geographical sphere of influence in Europe into an institutional one. Dealing with spheres of influence requires us to further discuss the capabilities of international law to accommodate the sensibilities and the demands of the great powers. If international law continues to neglect the great power element in both its institutional and geographical dimensions, it may remain ineffective. Confining great power influence to the realm of international comity may continue to weaken the role of international law in the international system.

India has recently enacted a national legislation - Indian Antarctic Act 2022 – to implement its environment protection obligations under the Antarctic Treaty and to regulate Antarctica activities including scientific expeditions and tourism. This legislative measure extends India’s jurisdiction to regulate activities in Antarctica. This paper provides an overview and analysis of Indian Antarctic Act 2022. India’s increasing engagements in Polar Regions is likely to enhance India’s geopolitical stature in the Antarctica Governance. This will also enable India to pursue its strategic and national security interests in the Polar Regions.

The section of the state practice of India is to provide a brief account of update during the period under review (June-December 2022) in the Indian executive and Indian legislature. Selected cases are covered in which the Indian judiciary interpreted provisions of Indian laws in the light of international law.

The era of industrialization has had a devastating effect on the ecosystem. Hazardous substances emissions from industries when improperly handled can cause substantial harm to the environment. Hazardous wastes are in diverse forms and are primarily generated by chemical production, manufacturing and other industrial activities. Improper storage, disposal and transportation of such substances is accompanied with threat to the planet. Governments must take adequate measures to educate citizens regarding the management and disasters of these substances. The author has examined the complex nature of hazardous substances and legal control of hazardous substances in a profound manner. The book is divided into seven chapters. An elaborate introduction in the beginning gives a comprehensive analysis of the scope of the book elucidating the nuances of the subject matter. It states the problem faced by underdeveloped countries as these countries are used as the dumping yard of hazardous wastes from developing nations. The introduction inter alia sets motion into the theme that the management and disposal of hazardous substances ought to be done with caution to protect the human race and their environment.

Ahmed, Ishtiaque, "The Origin and Evolution of the Ship Breaking Regime in India: A Critical Perspective", Ocean Yearbook, vol. 36 (2022), pp. 553-620. Andrews, Evan J. and others, “Thirty Years from the Brink: Governing through Principles for Newfoundland and Labrador's Small-Scale Fisheries since the Ground fish Moratoria and Prospects for the Future”, Ocean Yearbook, vol.36 (2022), pp. 239-267. Antsygina, Ekaterina, "The Interplay between Delineation and Delimitation in the Arctic Ocean", Ocean Yearbook, vol. 36 (2022), pp. 383-415. Ardron, Jeff A. and others, "Sailing on an Ocean of Noble Causes: The Commonwealth Blue Charter", Ocean Yearbook, vol. 34 (2020), pp. 3-19. Asgeirsson, Hrannar Mar, "Darius Campbell and others, "Illegal, Unreported, and Unregulated Fishing: How the North East Atlantic Fisheries Commission Addresses the IUU Fishing Challenge – Is It Working?", Ocean Yearbook, vol. 34 (2020), pp. 376-397. Attard, Felicity G. and Richard L. Kilpatrick Jr. "Maritime Stowaways: Public and Private Legal Implications", Ocean Yearbook, vol. 36 (2022), pp. 621-658. Birchenough, Andrew and Fredrik Haag, "The London Convention and London Protocol and Their Expanding Mandate", Ocean Yearbook, vol. 34 (2020), pp. 255-278.

This article analyses the utility of Third world approaches to international law (TWAIL) as a lens in international legal scholarship by examining the contribution of TWAIL scholars in the field of scholarship. While the aim of TWAIL scholars is motivated by their agenda to create a universal international law, the scope of their reform continues to derive from within the corpus of existing international law itself, which poses a question on the merit of their claim. This article utilises Kahn’s philosophy of the cultural analysis of law to ascertain the true scope of TWAIL's reform ambition. This is motivated by examining the core at their reformative ambition to untangle TWAIL's conundrum and derive its true value to international legal scholarship

The International Criminal Court (ICC) on February 5, 2021 said that ICC has jurisdiction over war crimes committed in the Palestinian territories. The ruling was delivered by a pre-trial chamber of three ICC judges. This ruling was a result of the Palestinian Authority gaining formal membership of ICC in 2015, and the fact that the Palestine Authority had referred the situation to the court. According to the ruling, it is not only Israelis and the Israel Defence Forces who could be potentially prosecuted for war crimes, but also Palestinians and groups like Hamas, that have been accused of targeting Palestinian civilians, including using them as human shields. Israel, which is not a member of the ICC, maintained that the court has no jurisdiction over the area in question. However, the court ruled that its jurisdiction do extend to the West Bank, Gaza and East Jerusalem. At the same time, the ruling clarified that the decision does not imply any attempt to determine Palestinian statehood. It is in this backdrop, an attempt is made to first, appraise the role of ICC in closing the gap of accountability for international crimes, and secondly, grapple with the perennial and thorny issue of Palestine's statehood and in this backdrop to offer some of the reflections on the nature of the international law and the influence of world politics on it. The paper concludes that the decision is pragmatic, historic and futuristic.

This article examines the legality of drone strikes under international law,particularly against non-state actors. The States have been justifying the use of drone strikes based on international norms such as consent of the State, selfdefence, anticipatory/pre-emptive self-defence and unwilling/unable test. The consent on the part of de-jure government is valid consent under international law. There is a growing number of countries that have been claiming the "right of preemptory/anticipatory self-defence” against non-state actors either under Article 51 or under international customary law. Besides, there are two groups of scholars who either support or oppose the inclusion of “preemptive/anticipatory selfdefence". Unwilling/unable is another doctrine that has been invoked by the First World in order to justify the use of force in self-defence against the non-state actors if the host State is unwilling/unable to take action against them. However, at present, this doctrine is also vague and controversial. Lastly, this article also traces India’s position on this issue and finds a drastic shift in India’s approach, particularly at the Arria Formula meeting, where India argues in favour of the right of “preemptory self-defence” against non-state actors if the situation is "imminent" and "demands necessary, immediate, and proportionate action." It also offers some parameters to regulate armed drones and calls for an international convention to regulate the use of armed drones.

The following sections present India's engagement on several aspects of international law during the period January to June 2021. They cover a variety of topics linked to international law such as extradition law, IPR, laws of international institutions and the law of the sea etc. The influx of Rohingya refugees in India led to a number of cases that were decided by the Indian courts. It also summarizes cases pertaining to international commercial arbitration. In addition to a compilation of few domestic laws adopted recently and case law, the state practice includes other relevant information related to India's statements in the UN bodies. It also provides information on some efforts undertaken by India's ministries.

Worldwide economic integration and the need that many associate with this for global governance have presented private international law with the challenge of a supranational unification of this discipline. Several arguments speak in favour of this: on the one hand, the free movement of persons, goods, services and capital across borders that the unification of the rules on international jurisdiction, conflicts of laws and recognition of foreign judgments necessarily engenders and, on the other hand, the increased regulation of those phenomena that it enables, on the basis of a proper balancing of the interests at stake, undertaken on an international scale. Indeed, there has been no lack of initiatives to this purpose, notably those undertaken within the scope of the Hague Conference on Private International Law. Nonetheless, States have often proved reluctant to adhere to these initiatives, and few international conventions in the area of private international law have as yet succeeded in attaining a truly global reach. Only in 2019, after more than twenty years of preparatory work, was it possible to conclude an international convention intended to ensure the worldwide recognition of foreign judgments on civil and commercial matters; but even this was only achieved at the expense of significant restrictions on the Convention’s substantive scope of application. This state of affairs is not unrelated to the tendency for a retreat to protectionism and unilateralism, which has recently emerged in several parts of the world. At the same time, in the light of the problems posed by the globalisation of the economy, it remains far from clear what direction the unification of private international law should take, and similarly the way it should be reconciled with preserving the diversity and plurality of national legal systems. This article seeks to identify the main origins of and possible pathways to resolving these issues.

The Republic of Mauritius (hereinafter referred to as "Mauritius") and the Republic of India (hereinafter referred to as "India"), and hereinafter referred to jointly as "Parties" and individually as "Party", RECOGNISING the friendly ties that exist between the Government and Peoples of the Republic of Mauritius and the Republic of India; FURTHER RECOGNISING their long-standing relationship in the economic and commercial fields and their close cultural links; SEEKING to achieve the objectives of a Comprehensive Economic Cooperation and Partnership Agreement in a manner consistent with the protection of health, safety and the environment;

1. The present document was prepared pursuant to article 11 (3) of the Convention. 2. The State of Palestine (the applicant) acceded to the Convention on 2 April 2014. Israel (the respondent) ratified the Convention on 3 January 1979. The applicant claims that the respondent has violated articles 2, 3 and 5 of the Convention with regard to Palestinian citizens living in the Occupied Palestinian Territory, including East Jerusalem. 3. The present document should be read in conjunction with CERD/C/100/3,CERD/C/100/4 and CERD/C/100/5. 4. On 23 April 2018, the applicant submitted a communication against the respondent under article 11 (1) of the Convention.

During 2021, the world witnessed widening of the gender disparity by a "generation from 99.5 years to 135.6 years". There is no letup in the persistence of that inequality, discrimination and violence against women. A part of this gender challenge emanates from the societal greed for instant wealth especially through the vehicle of marriages with grooms residing abroad. It is an offshoot of the penchant to go abroad (foreign) in general and to get Indian women married in those distant lands. It is guided by the illusion of a better life and status due to societal mores about placing money, position and power above knowledge. These foreign dreams often come at the cost of the lives of helpless women who already suffer from inherent discrimination and bias of the patriarchal system, inferior status of female gender and sexual & gender-based violence (SGBV).

The grey area refers to a geographic area that is the focus of overlapping claims in the Exclusive Economic Zone (EEZ), the continental shelf, or the extended continental shelf of two or more coastal States. The term 'grey area' was first coined in the case concerning maritime boundary delimitation between Bangladesh and Myanmar and then it was also mentioned in the case concerning maritime boundary delimitation between Bangladesh and India. The concept of the grey area has emerged as a consequence of the application of the particular delimitation method due to overlapping claims in the maritime zone in the Bay of Bengal by these States. Although the concept of grey area is not unique, the undelimited 'grey area' as a maritime zone reveals the uncertainties of its legal status and consequently, it poses complex legal issues relating to the exploration of its natural resources. According to both judgments, coastal states are under the duty to co-operate with respect to the grey area issue and they should negotiate in order to conclude a relevant agreement.

On 4th April, 2021, the Government of India issued the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 dismantling five unique appellate tribunals including the Intellectual Property Appellate Board (IPAB). The Ordinance created a mechanism for filing appeals directly to the high courts. The IPAB was a quasi-judicial body which was established in the year 2003. It was hoped that setting up IPAB would ensure speedy and affordable delivery of justice in IP matters. The discontent with the functioning of IPAB first surfaced before the Delhi High Court. The Court found a total of 3935 cases were pending for adjudication before the IPAB from across all its Benches. The reason for the pendency was the vacancies were not being filled up by the Central Government. Abolishing IPAB has received a mixed reaction.

Nowadays the Arctic is a center of science diplomacy and intensive multidimensional cooperation among States from all over the world. At the same time there are plural doctrinal approaches to the Arctic status. For better cooperation among States engaged in the Arctic region it is important to understand reasoning of different international legal positions. Recently the international group of authors have published the compendium of selected provisions from relevant national laws of Russia, of the other Arctic States and from other documents of international importance under the title "Baseline of Russian Arctic Laws". This work presents an original format for exposing Russia's regional approach to the Arctic status – the structure of the book and the content of collected documents allow the readers to trace the line of Russia's international legal policy on the Arctic issue. Given that the Arctic legal regime is first all historically developed through individual and multilateral practices of polar States, this work can serve as a solid ground for research into the Arctic law as a result primarily from their Arctic legal policies.

This section of the Journal provides a summary of State Practice of India relating to international law for the period July-December 2021. It highlights the Indian Judiciary, Executive and Legislature efforts in referring to international law treaties, declarations and other international instruments. The Indian judiciary section provides a detailed summary of cases for readers benefit to capture engagements of Indian courts in applying the rules of international law. Efforts are also made in the Indian Executive section to bring forward India’s position on new aspects in the field of international law undertaken at various forums.

Intellectual Property (IP) is not a classic form of investment. Traditionally, IP is a private right and is also different from other categories of property rights. However, IP rights are explicitly mentioned in a number of international investment agreements (IIAs) as a covered subject matter, or more formally as rationae materia of the treaty. IP provisions in IIAs provide broad protections against state interference. As Simon Klopschinski, Christopher S. Gibson and Henning Grosse Ruse- Khan explain in their comprehensive book, the first modern bilateral investment treaty(BIT), namely, the 1959 Germany – Pakistan BIT provided a reference to IP rights. Interestingly, the reference to intangible IP rights in the previous generation BITs or investment chapters of trade agreements did not lead to major treaty claims under investor- state dispute settlement (ISDS) provisions of the treaties, and was relatively uncontroversial.

Unbridled cacophonic industrialization over our mother planet Earth since the last four centuries has not only led to the growth of industrial employment, increase in national income but also to epidemics, phenomenon of climate change, acid rain,ozone hole, and various types of unheard human diseases. Western 'civilized' world merrily jeered at 'uncivilized' world having less industrial base, as industrialization started in the western world in 16th century. Newly independent nations of the global south faced high levels of poverty and unemployment. Industrialization offered them succor from these problems and the leaders of most of these countries opted for rapid industrialization. Industrialization led to the proliferation of urban centers and these new human habitats in turn led to the carbon-guzzling modes of transportation. For them, the earth mattered only because it gave them ample space for industrialization, urban centers, wide roads, and faster means of transportation.

Only few text books on international law by Indian authors are available. Indian scholars of international law have been writing on specific aspects of international law for a long time but the Indian scholars and students are finding limited options to refer a general text book on international law from Indian authors. In this context, the book 'An Introduction to International Law' by Swati Singh Parmar and Adithya Anil Variath, published by Thomson Reuters is a welcome enterprise. Further, the European scholars have sparsely acknowledged the contribution of the Third World Approaches to International law in their textbooks of international law. This book tries to give voice to the 'Third World sensibility' or to say an alternative perspective of international law without deriding the contribution of European scholars to the field of international law. The authors have relied heavily on the scholarship of Third World scholars of international law like Antony Anghie, R. P. Anand, B. S. Chimni, J. T. Gathii etc.

The scholarships in comparative law in general and those linked to Islamic law in articular are instinctively divided between the external and internal scholars i.e.,the scholarships that come from a Muslim and a non-Muslim. Whereas both offer a significant contribution to the literature, the external scholarships often lack the depth necessary to understand a legal tradition such as Islamic law which is foreign to them. However, E J Powell's monograph seems to have managed to considerably avoid this pitfall. For instance, the author's claim – that in the literature blanket claims are made about the attitudes of all ILS towards international law (p3) – is heavily relied on Western literature rather than those from ILS but she acknowledges this although without offering any further details as to how this is being done. However, the only pitfall in the monograph is the lack of appreciation of the longstanding effect of colonialism in ILS.

The law of copyright, an important branch of intellectual property law, is the breeding ground of a system that seeks to balance between two conflicting interests of the private creator and the public. While the copyright provides a bundle of rights that are recognized under any contemporary copyright statute, the western development of intellectual property law profoundly influenced the development of copyright law in India. The book under review as the name suggests explores the law relating to copyright for the governance of the country. It attempts to underline the existing law of copyright in India with a comparative analysis of international copyright law and English and American copyright law.

This book is an edited volume consisting of twenty-five chapter in essay format which has been written in the honor of Prof. Autar Krishen Koul. There could not have been a better way to honor Prof. Kaul than by giving a platform to the established as well as the emerging international legal writers to compile their ideas in one volume. This book is woven around topics of international law which includes areas such as international trade law, IPR protection, Human Rights,IDPs, State responsibility etc. The book does not confine itself to the traditional topics of international law alone but also incorporates the challenges of artificial intelligence and has also covered the recent COVID 19 impact.

The law governing international trade or commercial transactions, indisputably, is of great interest to scholars, researchers and professionals including lawyers. The massive, steady growth in the volume of the cross-border trade in goods and services, since the early 1990s, alone explains the overriding importance of the subject. Since, over the years, (multilateral) international trade has become much more common and acceptable amidst the growing recognition of the enormous benefits it offers to all participating countries, its significance in contributing to the growth of national economies, therefore, cannot be overstated.1 This is self-evident and is empirically verifiable as reflected in the impressive growth of world economy as well as the membership of the World Trade Organization (WTO).

The regulation of transborder flow of personal data is a global challenge to which countries and regions have responded to differently. While the protection of personal data is important, too many restrictions and regulations may impede trade and commerce. At the same time, compatibility between various frameworks and approaches is important to facilitate transborder flows of personal data, carried out for commercial purposes or cooperation between public authorities such as law enforcement. The General Data Protection Regulation (GDPR) is in place in the European Union (EU). The Personal Data Protection Bill (PDPB) 2019 is about to be passed in India. In light of close relations between EU and India, it is important to examine significant differences between these frameworks in terms of for example, conditions for data processing, data subject rights, localization, breach handling, audit requirements. This article attempts to study the major challenges between the EU and India in transborder data flows and also suggests options for a possible cooperation framework. It is hoped that this paper would be relevant for policy makers and researchers working on data protection issues between the two geographies and help in closing the gap for reaching a common understanding on the regulation of transborder data flows.

International case law and doctrine have shown that the State representative (agent) before the International Court of Justice (ICJ or Court), in addition to defending the views of the appointing State, has the authority to accept a commitment on behalf of the respective State during the proceedings. Acknowledgement of such an authority bears a serious challenge: Out of authority actions by the agent. The agent, like all persons representing a State in the international arena, may accept obligations in violation of the internal law of the appointing State or beyond his/her respective mandates and authorities. In light of the significant role that the agents play in leading the States’ judicial efforts before the Court, as well as examining their authority to establish an obligation to the States, it is critical to determine the legal effects of the out of authority statements made by the agents. Some of these statements are binding on the appointing State and some are avoidable. This essay seeks to specify the legal effects of statements made by the agents and to determine how and under what mechanism States can invalidate the binding effects of such statements before the Court. The following research concludes that since the agent before the Court,unlike other types of State representatives, enjoy the authority to accept two forms of procedural and substantive obligations, therefore a special mechanism should be developed to invalidate the accepted commitments. This special mechanism must be applied, considering the necessity of securing stability in international legal relations on the one hand and the consent-based nature of legal obligations in international law on the other hand.

The UN Guiding Principles on Business and Human Rights (UNGPs) prepared by John Ruggie and endorsed by the United Nations General Assembly on 16 June 2011, seeks to implement a "protect, respect and remedy" framework. Corporate Social Responsibility (CSR) is the aspect of 'respect' for human rights. Multi-national corporations (MNCs) along with their complex supply chains have to ensure that the human rights principles are not violated at any step of production and supply. CSR has thus become the theme of a number of legislative endeavours as well as international normative instruments. This article intends to analyse the Indian experience with the concept of CSR in terms of the Company Act 2013. It traces the evolution of CSR and its development in India and comparatively analyses it in the context of the developments at the international level. In this context, the paper dealt with the recently adopted National Guidelines on Responsible Business Conduct by the Government of India.

The above statement encapsulates the need for adherence to the rule of law in political governance.This has more than ever before brought the primacy between national security and personal liberty of individuals in Nigeria to the front burner. The partisans of rule of law say, it is the font et origo, the father and grundnorm which takes precedence and priority over national security. It is a paradigm shift from the logic of empire, kingdom and fiefdom. The crux of the matter in this piece is which arm of government determines when national security or interest is in jeopardy? This paper therefore examined the concept of the rule of law and the extent to which it can be sacrificed on the altar of national security in a democracy. Using primary and secondary sources of information, the study found that it is dangerous to national security or interest for the executive arm to whimsically deprive citizens of their constitutionally guaranteed rights because of perceived or actual threat to national security. The study concluded that the determination of when national security takes prominence over the rule of law should be the exclusive preserve of the judiciary. To do otherwise would amount to the ruins of law.

Corruption issue has attracted more and more attention in international investment law study and practice during the recent years. After taking prudent consideration of corruption defense invoked by the host States in some international investment arbitration cases involved with corruption element, ICSID tribunals made the final awards accordingly. But some part of the arbitral jurisprudence aroused strong criticism especially about the ICSID tribunals’ reasoning that arbitrators have no jurisdiction over corruption-tainted international investments. The ICSID tribunals are legitimately supposed to exercise the jurisdiction and lawfully obliged to probe into the nature of corrupt activities instead. The tribunals are strongly proposed to adopt the balancing approach in deciding the merits and weighing up fairly the obligation, right and interest between both disputing parties. It is preferable to strengthen the collaborative interaction between ICSID proceedings and domestic anti-corruption enforcement mechanism on combating against the corruption activities in the field of international investments. The existing international treaties (or specific treaty provisions) on combating corruption in international business transactions and calling for international cooperation, as well with domestic anti-corruption enforcement legislation actually have laid solid legal foundations for the establishment of such an anti-corruption coordinative mechanism between ICSID and domestic corruption regulatory authorities on the global level.

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This section exhibits the Indian practice on international law which has been drawn from decisions of the Indian Judiciary, enactment or amendment made bythe Indian Legislature and statements put forth by the Indian Executive during the period January - June 2020. The year 2020, the UN is celebrating its 75th Anniversary which provided opportunity to the Indian government to reflect their views on various topics, importantly on United Nations Security Council (UNSC) Reform, Sustainable Development Goals and the Revitalization of the UN General Assembly etc. The Indian legislatures, during January - June 2020, have proposed new laws or amended several pre-independent laws to keep pace with the growth and development of international law on several aspects particularly in the matters related to transportations by air and shipping.

Members of academia always have great expectations from an edited book, especially when it is in the nature of a festschrift and when this festschrift is written to pay tribute to a jurist like 'Prof. Upendra Baxi' the expectations soar higher. The Book "Human Rights: Contemporary Issues, A Festschrift in the Honour of Upendra Baxi' edited by Dr. V.K Ahuja, is a collection of 30 articles written by some of the most well known names of the legal academia. Not only the authors but the selection of topics for this book has been very carefully done. Though this festschrift intends to cover only the contemporary issues, but all the authors in order to present a complete picture of their chosen theme have beautifully traced the history and development of human rights jurisprudence in India and across the world. A bare look at the table of cases covered by various articles in this book has the capability to impress anyone, one can find a reference to some of the most landmark judgements from courts across the world in this festschrift.

Dr. Anupam Jha's recent book "International Criminal Law: Theory and Practice" is a much awaited contribution to the subject from an Indian scholar. The book, divided into eighteen chapters, evolves itself in nuanced ways through each ongoing chapter and highlights both core and critical aspects of International Criminal Law (ICL). The author has established a balanced connectivity among the chapters and shown a remarkable clarity while introducing critical debates of ICL in simple and humble ways.

Since the adoption of the UN Charter in 1945, the scope of provisions of human rights has exponentially grown at horizontal and vertical level. Consequently, international and national scholars at times have devoted themselves to explaining the legal regime for promotion, respect and enforcement of human rights, with classic studies completed in the periods surrounding the adoption of the International Bill of Rights consists of the 1948 Universal Declaration of Human Rights (UDHR), the 1974 International Covenant on Civil and Political Rights (ICCPR) and the 1974 International Covenant on Economic, Social and Cultural Rights (ICESCR)). Yet in recent years there have been important developments, especially in the context of regional conventions, which have added considerably to our understanding of the international and national human rights law.

Agarwal, Prachi and Mulenga Chonzi Mulenga, "Impact of Covid-19 on International Trade: Lessons for African LDCs", (2020) Online retrieved from https://www.unescap.org/sites/default/files/129%20Final-Team%20Prachi%20Agarwal-India.pdf. Ahmad, Zaker, "A Trade Policy Agenda for the Diffusion of Low-Carbon Technologies", Journal of World Trade, vol. 54, no. 5 (2020), pp. 773-790.

One of the objectives of the conference is to examine current challenges to multilateralism. India’s Minister for External Affairs recently pointed out that due to rising nationalism and unilateralism, multilateralism at this point of history is at its weakest. It is true that we live at a time of heightened attacks on the very concept of multilateralism. We have seen that norms are being violated, international law is being ignored, security treaties are being disregarded, and institutions are being undermined. However this does not necessarily mean that it is the end for multilateralism. These developments should be seen as a wake- up call to stabilise and adapt the world order to changing circumstances. The international norms, agreements and institutions are to be protected when they come under pressure, or when their existence or funding is jeopardized.

Female genital mutilation (FGM) includes procedures that intentionally cause injury to the female genitalia for non-medical reasons. It is a harmful practice that causes irreversible damage to female sexuality with no ostensible health benefits for women and girls. World Health Organization (WHO) estimates that 200 million girls and women worldwide are subjected to FGM. In 2020 lone some 4.1 million women were globally at the risk of being subjected to FGM procedures. International Human Rights Law (IHRL) prohibits FGM either directly or regards it as inherently harmful and violation of the human dignity even if it is regarded as cultural or religious practice. Since it causes 'irreparable and irreversible harm' to female bodies, FGM calls for prevention by 'zero tolerance' and ultimate elimination. International human rights instruments that cover FGM comprise norm-setting resolutions of the United Nations General Assembly (UNGA), global conventions such as CEDAW and CRC and several regional instruments prescribing the threshold for women’s right to bodily integrity. These soft and hard instruments do not permit causing of such grievous bodily harm to minor girls or to women. Several countries have started proscribing FGM as a harmful practice. The study seeks to focus on the worldwide practice of FGM, causes, and consequences as well as examination of the working of the IHRL instruments, practices of the UNGA and other organs of the UN system, regional instruments as well as some national legislations and judicial decisions. Cumulatively, they draw the 'red lines', to dissuade the countries where FGM practices are at work. In view of emergence of FGM as a global common concern, concerted efforts are required for the elimination of FGM as it inherently violates women’s right to bodily integrity and their fundamental human rights. On the basis of stock-taking and legal analysis, the study looks ahead by proposing an International Convention on the Elimination of Female Genital Mutilation as well as UNGA mandated High-Level Panel for Elimination of FGM. As an emerging global common concern, FGM presents a simmering challenge for International Law that needs to be taken seriously by the scholars, governments, the UN system and other international institutions.

Human rights are all about life and dignity. Vulnerability is known as physical or emotional condition of individuals who are unable to anticipate, cope with, resist or recover from and exposure to possibilities of harm from various causes, for instance the covid pandemic and climate change impacts. In this work, the pandemic and climate change impacts are considered as symptomatic crises of the world wider systemic crises. Even though there is no proven causation between the climate change and covid pandemic, the culminating impacts of the climate change to biodiversity loss is known as a risk factor for human health as well as infectious diseases and pandemics. The climate change and covid pandemic are therefore considered as two overlapping symptomatic crises of the world’s systemic crises. Drawing a parallel between the two crises, this research project focuses on human rights and vulnerability protection issues, including minorities both within and between the context of state boundaries. This is to raise critical questions on the systemic failure of states specially dealing with these two crises, analysing the existing legal mechanisms (or lack thereof) of vulnerability protection in international law and environmental law. Parallel to the black letter reading, interpretation and understanding of law, the contrapuntal reading and consciousness of law is argued for, considering it to be useful for jurists in navigating through universal ideals of humanism which is often ignored at the present time. In conclusion, some systemic alternatives are appraised in view of the present worlds systemic crises.

Among the 5 United Nations space treaties, the 1979 Moon Agreement has less than 20 ratifications and leaves the law and regulation of space resource utilization in a legal vacuum. In April 2020, when the U.S. announced a presidential executive order on encouraging "international support for the recovery and use of space resources" with a focus of nurturing the private sector, the prevailing academic opinion appears to suggest that the Artemis Accord did not align with the principles of the Moon Agreement. This coincides with the current focus placed on space resource utilization by the Legal Subcommittee of the U.N. Committee on the Peaceful Uses of Outer Space. In light of these developments, India stands at the crossroads of whether to proceed with the Moon Agreement or to abandon it and attempt to chart a new course towards participation in space resource utilization. This article analyses each of the provisions of the Moon Agreement, considers the current practical effects of its common heritage of mankind provisions, and suggests that its terms are consistent with other U.N. space treaties already binding on India. Further, the article considers the options for India on both international and domestic levels in building or contributing towards a legal and regulatory framework for space resource utilization and makes some suggestions in that regard.

Non-ICSID investment arbitrations have been held by Delhi High Court to be outside the scope of the Indian Arbitration Act of 1996. They have been considered fundamentally different as their roots are in public international law, in addition to their non-commercial nature. However, the court escaped a proper analysis of the hybrid foundations of an investor-State relationship, the seat theory, and issues of applicable law – which persuasively establish the applicability of the 1996 Act. In other words, the issue at the heart may be considered to be the nature of an investor substantive rights under an investment treaty and how they accommodate with India's national law principles, when an investor has invoked arbitration against the host-State, which both parties accept, is subject to the law governing at the seat of arbitration. Besides the ongoing cases, India is now potentially facing two enforcement proceedings as an award debtor, in the near future, that may arise from investment claims by Cairn Energy PLC and Cairn UK Holdings Limited (under the UK-India BIT) and by Vodafone Group PLC (under the Netherlands-India BIT). Thus, the question of the applicability of the 1996 Act in respect of these non-ICSID arbitrations is foreseeable and may be addressed by the Supreme Court of India finally in the near future.

The Conference of the Parties (COP) to the UN Framework Convention on Climate change (UNFCCC), held in Doha (2012), recognised “protection against loss and damage caused by climate change” as an agenda item for the negotiation of a new treaty on climate change. This is obviously one of the most controversial agenda of the COP negotiation, e.g. who is responsible for the harm that results from climate change, and how could/should the harmed states (or individuals) be compensated appropriately? The present author suggests that some national case law developments may be useful guide for the future COP, especially when negotiating the controversial issues of harm and compensation. The reasoning behind the suggestion is that the case law developments helps us to understand nexus between national court’s litigation, legislation and also domestic policy of those countries which are generally not favourable for the binding obligation of emission reductions.

Those who develop genetically modified organisms want to market it in the country invention, where it is developed, and export them for monetary gain. The ethical aspect of such inventions and innovations strives for not venturing into them if their introduction may impair human, animal and plant life and health or adversely affect the environment. Inventors and innovators must give priority to biosafety. It is for this reason that the concept of precautionary principle has been developed and enforced through international and national laws. The SPS Agreement and the Cartagena Protocol are there to ensure biosafety, but they serve different purposes, i.e. international trade and protection of the environment.

The practice of International Commercial Arbitration in Nigeria today does appear to be unsatisfactory to many of the stakeholders. Parties to arbitration agreements usually encounter some problems in the practice and enforcement of arbitral decisions and awards. These problems vary across the meager nature of available infrastructure, the personnel involved in administering the applicable laws, local enactments, the problems of sovereign immunity of state parties, the issue of reciprocity requirement (as a basis for recognition and enforcement of foreign arbitral judgment) the duality of statute law on registration of foreign judgment, the effect of law of the place of arbitration, the roles of the national courts in support of arbitration process, interference or review of arbitral decision and in guiding of fairness and due process. These problems enumerated above among others are some of the pertinent questions this paper tries to examine.

The Supreme Court of India in Balco overruled its earlier decisions to narrow the scope for intervention by Indian courts in international arbitrations. However the judgment will apply prospectively for arbitration agreements executed after the date of the judgment (6 September 2012). Indian courts thus continue to have powers to grant interim reliefs in international arbitrations (vide Bhatia International) and to set aside foreign awards (vide Venture). While an Indian court may set aside a foreign award, its judgment may not be recognised by a foreign court which has the power to enforce the foreign award as demonstrated by the US courts. This paper examines the effect of Balco upon courts interpreting existing arbitration agreements, and how to reconcile Bhatia International and Venture with the New York Convention

Non-Appearance Before The International Tribunal For The Law Of The Sea

Aside from the Holy See, which is the seat of the Vatican, the Philippines is the only other country in the world that does not grant divorce decrees. Through the years, unhappily married persons could resort to legal separation that is allowed in the Civil Code (1950) and the Family Code (1988), that does not sever marriage ties. Article 15 of the Civil Code explicitly applies the nationality principle on all issues involving “family rights and duties, or to the status, condition and legal capacity of persons” and are binding upon citizens “even though living abroad.” Given that there is no Philippine law granting divorce, this law follows all Filipino citizens though they are long-time residents or domiciliaries of a country that grants divorce.

An Appraisal Of United Nations Efforts In International Environmental Protection

The African Charter on Human and Peoples Rights seeks to combine African values with international norms. Indeed, the African Charter guarantees civil and political rights and economic, social and cultural rights and individual duties and unique instrument in many aspects. This article attempts to study critically the enforcement mechanism available under the African Charter. The crucial task of enforcing the rights enshrined in the African Charter is entrusted to the African Commission and the African Court of Human Rights. The study focuses on power and functions of these bodies and also analyses how far these two bodies achieved in effective promotion and protection of human rights in the African continent.

In the following paper, an attempt would be made to engage with the relationship between the state and the imperatives of security from a gendered lens. This will be juxtaposed with the feminist engagement with International Law. Theorizations from the literature on South Asian politics and Global politics would be applied to the manner in which the Indian state has defined and proposed to deal with concerns of internal security pertaining to the ‘Left Wing Extremism’ in 2010-2011. It would be argued that the state needs to be disaggregated into the legislature, executive and the judiciary; since there are times when some institutional parts of the state provide space for progressive democratic engagement whilst other institutions don’t. The specific contours of violence faced by women and children at the hands of the state, in the above-mentioned discourse would also be examined. In the end, implications of the security state discourse on debates in International Law would be elaborated.

Violence against women is manifested in several ways out of which acid attack is the most brutal and horrifying. Reasons quoted for throwing acid are many but the underlying cause has its roots in the hegemony of male supremacy. There is a gendered aspect to this problem which cripples the victims physically, mentally, socially as well as economically. Instances of acid attacks have been reported all across the globe but the incidence of acid attacks in India, Bangladesh, Pakistan, Afghanistan and Cambodia is particularly alarming. These are societies where patriarchal notions of male supremacy, constrain men to expect subjugation from women and transgressions from this diktat are pernicious. The United Nations Declaration on the Elimination of Violence against Women casts an obligation on its member nations to address violence against women, whether committed by state agents or by non-state actors. States are accountable to women themselves, to all their citizens and to the international community. This article traces the legal developments related to acid violence across the globe.

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The Enrica Lexie incident of 15 February 2012, off the coast of Kerala had attracted unprecedented media attention in India and abroad. The legal issues involved in bringing the Italian marines to justice for the killing of two Indian fishermen on board an Indian fishing boat in a shoot-out from Enrica Lexie, an Italian flagged commercial vessel, in the contiguous zone of India had been the subject matter of legal dispute before the Kerala High Court and the Supreme Court of India.

Violence and childhood infact seem to be deeply intertwined. This Article focuses on violence directed ‘against’ children. The term ‘violence’ herein has been interpreted widely. To paper attempts to provide a descriptive overview of social, economic, familial, cultural and legal constructs as avenues of violence. And it is against this backdrop that the status of children in India is sought to be examined. A critical look of the prevailing domestic legal framework and international human rights norms to assess the efficacy of laws to combat violence against children also forms crux of this paper.

Dr. E.M.S. Natchiappan, President, Professor Jambholkar, Dr. R.K. Dixit, Shri Narinder Singh, Members of the Indian Society of International Law, Ladies and Gentlemen. Thank you for the extraordinary privilege of speaking to your Society in memory of V.K. Krishna Menon. I remember going to Krishna Menon in 1968 to invite him to speak in Delhi University at the Department of Chinese Studies (as it then was). Despite all that I had heard, he treated a young student, which is what I was then, with great courtesy and kindness, even taking the trouble to hear out and discuss my strongly held but immature opinions on China. He thought the Cultural Revolution was a passing madness. I was not so certain. He was proved right.

The Supreme Court of India held that the Union of India, and not the State of Kerala, has, subject to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) and its directions, jurisdiction to prosecute the two Italian marines for the shooting which killed two Indian fishermen at a distance of about 20.5 nautical miles off the Indian coast of the State of Kerala.

The States Parties to this Treaty,Guided by the purposes and principles of the Charter of the United Nations,Recalling Article 26 of the Charter of the United Nations which seeks to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, Underlining the need to prevent and eradicate the illicit trade in conventional arms and to prevent their diversion to the illicit market, or for unauthorized end use and end users, including in the commission of terrorist acts,

India is home to the largest child population in the world. The Constitution of India guarantees Fundamental Rights to all children in the country and empowers the State to make special provisions for children. The Directive Principles of State Policy specifically guide the State in securing the tender age of children from abuse and ensuring that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity. The State is responsible for ensuring that childhood is protected from exploitation and moral and material abandonment.

Some years ago, in an oft-quoted phrase from his book "How Nations Behave", Professor Louis Henkin asserted that "almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time." However, Henkin's description of how nations behave does not tell us why nationstates obey international law, and why do they sometimes disobey it? It the challenge that has been taken up by the author Rajesh Babu in the book "Remedies Under the WTO Legal System" which offers a wonderful and much needed analysis of the nature and objective of WTO remedies.

"Slovenian Diplomacy is barely twenty years old. Its story is the story of creation and development. It is a story with successes and failures." These introductory words of Dr. Ernest Petric in the Preface of his Book, "Foreign Policy: From Conception to Practice" have a particular resonance, since the Author in his multiple roles as Diplomat, State Secretary of Foreign Affairs and Law Professor, has been at the centre of that creative and development process of the newly emergent Republic of Slovenia, which established itself amongst the Community of Nations, from the ashes of disintegration of Former Socialist Republic of Yugoslavia. Yet as Dr. Petric points out, his intention is not merely to give an insight into Slovenian Diplomacy,but to bring to the attention of the reader,the student and the practitioner of foreign policy, the larger issues and challenges which affect Foreign Policy making,and implementation.

Abrams, Robert Haskell, "Legal Convergence of East and West in Contemporary American Water Law", Environmental Law, vol. 42(1), 2012, pp. 65-92. Adler, Jonathan H., "Water Rights, Markets, and Changing Ecological Conditions", Environmental Law, vol. 42(1), 2012, pp. 93-114. Ambrus, Monika, "The Precautionary Principle and a Fair Allocation of the Burden of Proof in International Environmental Law", Review of European Community and International Environmental Law, vol. 21(3) 2012, pp. 259-270.

There are many reasons to engage this wise work, in which Miao-Liang Hasenkamp offers a comprehensive and critical overview of the regimes of human rights and development policy pursued by the ‘western’ countries since the Cold War1. The frequently reiterated message of these closely printed 545 pages long text (excluding the summary in German) is stark and clear: dominant forms of human rights diplomacy serve ends other than promotion of international human rights values, norms, and standards. This is a message already widely understood and disseminated by those who engage in the transformative politics for, contrasted with the power politics of, human rights.

Poverty is directly linked to conservation of the environment, and the sustainable use of natural resources. Specifically, it has a negative impact upon the environment in terms of over exploitation of flora and fauna by the poor. At the same time unbridled economic development adversely affects the quality of the environment and is a scourge to poor people around the globe. It is for this reason that poverty alleviation is not only considered necessary for a just society but also a sine qua non for improving the sustainability of the environment and protecting it from further degradation. This warrants stydying both the aspects have to be studied together.

The authority to interpret WTO covered agreements has made the panels and the Appellate Body the most influential organ in the WTO institutional framework. They enjoying considerable and discretionary powers not only to decide on the consistency of Members domestic measures, and also can attribute meaning to specific provisions influencing the course of WTO jurisprudential development. While the functioning and contributions of the panels and Appellate Body are widely admired, an increasing number of scholars perceive that these bodies are improperly creating new WTO rules and procedures through technique of ‘filling legal gaps’ , ‘completing the analysis’ or ‘clarifying ambiguity’. Specifically, the discretionary power has been used to read into the WTO rules new obligations which were not been foreseen or negotiated during the Uruguay Round of negotiations. Many see this attempt at norm expansion through judicial process as inherently dangerous, usurping the functions of the WTO political bodies in a manner contrary to democratic legitimacy. This paper is an attempt to highlight the extreme pattern of decisions of the panels/ Appellate Body, highlight the adverse consequences of such decisions and the need for greater attention and debate on this issue in the policy space. The paper highlights some of the decisions by the panels and Appellate Body where, through innovative interpretation, the Members’ obligations were expanded, without deference to the democratic and political process. The paper argues that the panels and the Appellate Body have consistently made improper use of the techniques of interpretation, and often made policy choices to the resentment and detriment of large majority of the WTO membership.

This Article is a primer on the recently enacted The Right of Children to Free and Compulsory Education Act 2009 (hereinafter RTE Act 2009). Commencing from the historical genesis of the right to education in India, the Article briefly dwells on the ample constitutional provisions that provide for the same. This is further supplemented by the jurisprudential endorsement by the Indian courts over the last few decades. India’s myriad treat obligations under various international human rights instruments that impinge on the issue have also been addressed. The salient features of the RTE Act 2009 are critically juxtaposed against this backdrop as well. The Article aims to primarily gauge the whether the universalization of primary education in India remains a rhetoric or the passage of the RTE Act 2009 would transform this into reality.

In exercise of the powers conferred by section 10, read with sub-section (2) of section 3, of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976) (hereinafter referred to as the said Act), the Central Government hereby notifies the following baseline system from which the limits of the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone and the maritime boundaries shall be measured seaward, namely:

An Ordiance further to amend the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and to make provision for validation of certain actions taken by the Central Government for public purpose under the said Act.

It is indeed a pleasure to convey our congratulations on your election to the Chairmanship of this Commission and we assure you the full cooperation of the Indian delegation. We would like to convey our appreciation to the Chairs of the two Working Groups, Mr. Paolo Cuculi of Italy and Mr. Johan Paschalis of South Africa for their diligent efforts.

At the invitation of the Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz Al Saud, the Prime Minister of the Republic of India, His Excellency Dr. Manmohan Singh paid an official visit to the Kingdom of Saudi Arabia from 13-15/3/1431H corresponding to February 27 - March 1, 2010.

On the occasion of the visit of the President of the Republic of Turkey to India, both sides: Recognising that terrorism poses a grave threat to global peace and security; Noting that the forces of terrorism are nourished by extremist ideologies;

On the occasion of the visit of the President of the Republic of Turkey to India, both sides:

H.E. Mr. Lee Myung-bak, President of th,e Republic of Korea (ROK), paid a State Visit to India from 24 to 27 January 2010, at the invitation of H.E. Smt. Pratibha Devisingh Patil, President of the Republic of India.

The rise of international criminal law has been one of the remarkable features of international law since 1990. The major leap forward of international law as occurred during the post-World War II was best described by Justice Jackson in his Nuremberg Report to the President of the United States:

“If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone and the receiver cannot disposes himself of it”, said Thomas Jefferson. Intellectual property is a product of the intellect bearing some form of commercial value. The term applies to any “creation of the mind” such as inventions, artistic, literary works, trade secrets, copyrights and trademarks. Intellectual Property (IP) rights are thus of paramount importance to all businesses.

Tully, Stephen, “Like Oil and Water: A Sceptical Appraisal of Climate Change and Human Rights”, Australian International Law Journal, vol. 15, no. 15 (2008), pp. 213-234.

Alebeek, Rosanne G., Immunity of States and their officials in International Criminal Law and Human Rights Law (Oxford University Press, Oxford, 2008).

This presentation explores the concept of accountability in the changing world in which international law operates, and explicitly recognizes the concerns of poor people to bring their plight into the discussion of accountability.

Benefit sharing from the Earth’s resources—including protection— is an integral part of the increasing need for global environmental justice. How to achieve a sustainable or balanced outcome and share benefits from the different kind of uses, or between the protection and uses of trans-boundary watercourses, is complex, if not impossible, especially in a situation where water quantity is limited and demand is increasingly becoming unlimited. This—more often than not— involves the competing interests of two or more States with inherently unequal power positions. In such situations, just process is a means to reach an equitable outcome. When analyzing treaties, applied to different international rivers with different socioeconomic needs of the parties and different hydro-climatic conditions, the likelihood of obtaining a just process and equitable outcome from a particular type of legal mechanism can be seen, and suggested where required. This article examines and demonstrates the two elemental aspects of benefit sharing that can be applied in situations where either the process is lacking or the outcome is unjust, or both. In addition, it suggests how the current law of international watercourses can be used to help establish the process to achieve an equitable outcome.

The argument that follows is intended to serve as an examination of the approaches and methods employed by the Indian Supreme Court in its effort to integrate international environmental norms (such as the principle1 of Sustainable Development (SD), the Precautionary Principle (PCP) and the Polluter Pays Principle (PPP)) as part of the existing body of binding, municipal rules in India.

Polish air transportation has a long tradition that goes back to the early 1920s. In 1922, the world’s first regular air routes, Warsaw-Lwów1 and Warsaw-Gdansk, were inaugurated by Polish air lines. An even earlier, ad hoc service, connecting Warsaw with Paris, via Prague and Strasbourg, “testifying to cordial Franco-Polish relations,”2 was of a rather symbolic character, due to the problem of flying over German territory.

It is an extraordinary privilege to be invited to deliver this Memorial Lecture.

The Institute of International Law, Deeply concerned by the increase of acts of piracy and of other acts of violence which endanger the safety of international navigation and trade and put at risk the life and freedom of seafarers;

Expressing deep concern about Iran’s lack of compliance with its previous resolutions on ensuring the peaceful nature of its nuclear programme, the Security Council imposed additional sanctions on the country today, expanding an arms embargo and tightening restrictions on financial and shipping enterprises related to “proliferation-sensitive activities”.

Agreement for Co-operation in Peaceful Uses of Nuclear Energy The India-Canada Agreement for Cooperation in Peaceful Uses of Nuclear-Energy which was signed today provides for cooperation in areas as design, construction, maintenance, sharing of operating experience and decommissioning of nuclear reactors, supply of uranium, projects in third countries, nuclear fuel cycle and nuclear waste management. The two countries may promote cooperation in the development and use of nuclear energy applications in the fields of agriculture, health care, industry and environment; and nuclear safety, radiation safety and environmental protection.

Eric A. Posner, Law and Social Norms (Harvard University Press, USA, 2002), First Indian Reprint, Universal Publishing Company, Delhi, 2009, ISBN 0-674-00814-6, Price Rs. 325/-, Pages 260.

Wing Commander U C Jha (Retd), Indian Armed Forces: Socio-Legal Perspectives, (Vij Books India Pvt Ltd, New Delhi) Rs 750/-, pp. 266+xiii.

Abeyratne, Ruwantissa, “Carbon Trading in Commercial Aviation”, Journal of World Trade, vol. 43, no. 3 (2009), pp. 641-655.

Antunes, Nuno Marques, Towards the Conceptualisation of Maritime Delimitation: Legal and Technical Aspects of a Political Process (Martinus Nijhoff Publishers, Leiden, 2003).

The flight of capital from one country to another is nothing new. However, rules governing the entire regime of international investment have expanded considerably since the end of the Second World War, thanks to Bilateral Investment Treaties (BITs) between home states of investors (Home State) and the state hosting the investment (Host State).1 The significance of this development is the stimulation of legal mechanisms to protect assets of investors in foreign countries.

December 2008 witnessed the culmination of years of work by economic, social and cultural rights activists to secure a complaint mechanism for the International Covenant on Economic, Social and Cultural Rights (hereinafter referred to as ICESCR) when a draft Optional Protocol to this covenant prepared by an inter-governmental group set up by the previous UN Human Rights Commission and endorsed by the Human Rights Council was adopted by the UN General Assembly

The WTO Agreement on Application of Sanitary and Phytosanitary Measures (SPS Agreement) aims at balancing two objectives: regulation of the movement of products across borders to protect public health and prohibiting their use for protectionist purposes. The agreement sets out a multilateral framework to guide ‘the development, adoption and enforcement’ of SPS measures with minimum adverse effects on trade

The launch of the National Green Tribunal (NGT or the Tribunal) on 19 October 2010 by the Government of India heralds a new beginning for environmental governance in India.1 Its parent Statute, the National Green Tribunal Act, 20102 (NGTA or the Act), recognises for the first time the “judicial exegesis of the right to environment as part of the right to life” and mandates the Tribunal to apply the “foundational principles”3 of sustainable development, precautionary principle and the polluter pays principle4 to the claims for civil damages arising out of the non implementation or the wrong implementation of the laws relating to environment and forests.

The International Criminal Court (ICC) is an unprecedented initiative by the world community to go over the heads of national governments and bring to trial and punish individuals responsible for the commission of genocide, war crimes, crimes against humanity and aggression in situations where the countries to which they belong are unable or unwilling to bring them to justice. There has been widespread international sentiment for a long time that such an independent, permanent criminal court was needed to deal with heinous crimes of international concern in these situations.

While allowing India’s applied claims,1 the WTO has rejected India’s legal interpretation that a security bond may not be imposed by an importer after the imposition of a definitive anti-dumping duty.2 The WTO was deciding a case that concerned exports of shrimp products from India to the United States (US). This was the second WTO case concerning Indian shrimp exports to the US.

Recognizing the contribution of the cocoa sector to poverty alleviation and the achievement of the internationally agreed development goals, including the Millennium Development Goals (MDGs);

The following Act of Parliament received the assent of the President on the 2nd June, 2010, and is hereby published for general information:

Lukas H. Meyer, editor, Legitimacy, Justice and Public International Law, Cambridge University Press, Cambridge, U.K., 2009, ISBN 978-0- 521-19949-0, Price not indicated, Pages 321+i-x.

Barak-Erez, Daphne and Waxman, Mathew C., “Secret Evidence and the Due Process of Terrorist Detentions”, Columbia Journal of Transnational Law, vol. 48, no. 1 (2009), pp. 3-58.

Carr, Indira, International Trade Law. 4th ed. (Routledge, London, 2010).

On July 22, the ICJ delivered its Opinion on the Kosovo unilateral declaration of independence in response to the request by the General Assembly to do so in GA Resolution 63/3 of October 8, 2008. This paper reviews the Opinion, highlighting the major aspects on self-determination and secession. It concludes that while the Court’s pronouncements on territorial integrity and the nonprohibition of secession in international law are symphonic and welcome, its failure to examine and pronounce on the availability or not of the right to remedial secession, leaves a cacophony of questions to be answered in that aspect of international law.

The Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC Convention) has demonstrated a comprehensive review of the subject. It is anticipated that the higher limitation funds and the exclusion of old “fault or privity” prerequisites to the right to limitation will append definitely to the law and endorse widespread acceptance of this convention among seafaring nations around the world. The Protocol of 1996 has significantly amplified the limitation figures. It is obvious that the convention connects the limitation of liability with the claims rather than with the ownership or the operation of the ship. The convention is endowed with a practically unbreakable system of liability. It declares that a person will not be able to limit liability only if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such a loss, or recklessly and with knowledge that such loss would probably result. The burden of proof here is on the claimant. Besides, the degree of proof is substantially higher under the LLMC Convention. As well, the LLMC Convention extended the number of claims subject to limitation. Under this convention all maritime claims arising from contractual acts, enumerated in a long list, are subject to limitation, while claims exempted from limitation are specified in another list. This article focuses on the International Maritime Organization (IMO) instrument to regulate liability for maritime claims, which introduced some radical changes in the concept and scope of limitation. While discussing the IMO convention this article also identifies some ambiguities, which should be reviewed.

This article considers the features of the African Court of Human and Peoples’ Rights and the African Court of Justice and Human Rights that may replace it. It points out that the former Court and the Human Rights Section of the latter Court share the common features with the former European Court of Human Rights and the Inter-American Court of Human Rights. It also points out that some features of the Courts such as denial of individual and NGOs direct access to the Courts and lack of effective enforcement mechanism for the judgments of the Courts, are bleak prospects of the Courts. The article concludes that the African human rights system is still standing on a shaky foundation and the unless it is rebuilt the efforts made so far to revamp the system will be an exercise in futility. At the tail of the article, necessary suggestions are proffered for the way forward for the African human rights system.

A legal regime is required to address problems associated with the increasing cross-border and commercialisation of education. On the international plane there are two sets of laws: one, under the GATS regime and the other, six regional conventions, under the auspices of the UNESCO. This article also examines recent developments in the Indian legal system with regard to the governance of higher education.

A legal regime is required to address problems associated with the increasing cross-border and commercialisation of education. On the international plane there are two sets of laws: one, under the GATS regime and the other, six regional conventions, under the auspices of the UNESCO. This article also examines recent developments in the Indian legal system with regard to the governance of higher education.

An Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.

Pursuant to the provisions of the Atomic Energy Act, 1962 as amended from time to time, the Department of Atomic Energy, Government of India (hereinafter referred to as the 'Department') has notified a list of Prescribed Substances, Prescribed Equipment and Technology vide notification No. S.O. 61(E) dated 18th January 2006. The Department has also issued 'Guidelines for Nuclear Transfers (Exports) vide notification No.AEA/27(1)/ 2005-ER dated 1st February 2006 and all exports will continue to be governed by these guidelines.

G.S.R. ———— WHEREAS the wetlands, vital parts of the hydrological cycle, are highly productive, support exceptionally large biological diversity and provide a wide range of ecosystem services, such as waste assimilation, water purification, flood mitigation, erosion control, ground water recharge, microclimate regulation, aesthetic enhancement of the landscape while simultaneously supporting many significant recreational, social and cultural activities, besides being a part of the cultural heritage;

Edmund Heward, Lord Mansfield A Biography of William Murray Ist Earl of Mansfield 1705 – 1793 Lord Chief Justice 32 Years (First Indian Reprint 2007 Universal, New Delhi), PP.198, Price Rs. 215/-.

Dr. G. S. Sachdeva, Outer Space: Security and Legal Challenges (Knowledge World Publishers, New Delhi, 2004, pp. xvi+241, Rs.580.00, US$ 17.00).

Ahl, Bjorn, “Exploring Ways of Implementing International Human Rights Treaties in China”, Netherlands Quarterly of Human Rights, vol. 28, no. 3 (2010), pp. 361-403.

Acer, Yucel, The Aegean Maritime Disputes and International Law (Ashgate, England, 2003).

First, I must explain the theme of this paper. In general it is presumed that the Rule of Law and human rights are complementary. In other words, that the development of human rights involves the further implementation of the Rule of Law.

Let me start with a hypothesis: The principle of solidarity is based upon the consideration that there exists a community of States based upon common values and common interests which make a joint action mandatory. States, acting merely on an individual basis, cannot provide satisfactory solutions, which the interests of the community demand. Such demands require a common action. This means the more community interests are being defined and the more community oriented regimes are established the more States face the necessity to cooperate. In that respect the principle of solidarity reflects the transformation of international law into a value based international legal order requiring close cooperation among the actors.

Has international law ever, and, if has not, can it ever, truly freed itself from the strictures of neocolonialism and the drive by a privileged elite to dominate the world scene? This article begins by inquiring into the nature of neocolonialism and, in so doing, pays particular attention to the writings of former Ghanaian President Kwame Nkrumah. It then proceeds to determine how neocolonialist designs surface in international law today by briefly looking at two aspects of international law in particular, namely customary international law, with specific reference to the counterterrorism context, and the principle of self-defence. In the final analysis, this article argues for a necessary and eternal scepticism of international law and the agendas of its privileged gatekeepers. Like classic State power, it opens itself to, and often operates as, neocolonial overreach, and to quote Nkrumah, “[t]he cajolement, the wheedlings, the seductions and the Trojan horses of neo-colonialism must be stoutly resisted, for neo-colonialism is a latterday harpy, a monster which entices its victims with sweet music.”

International territorial administration (ITA), which involves the performance of administrative functions by international actors from within administered territories, whether alongside or in place of local authorities, has been the focus of much scholarly interest of late.1 This interest has been piqued by post-Cold War experiments with ITA in East Timor, Kosovo and Bosnia and Herzegovina (BiH), though, as many commentators have stressed, ITA is by no means a new phenomenon. It can be traced to the administration of territory by the League of Nations between the world wars and, further, can be said to have antecedents in the 19th and early 20th centuries in cases where the major European powers created consortia to perform governmental responsibilities in territories where they maintained interests.

Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) are posing a great challenge in the contemporary period for the international community. The HIV/AIDS epidemic has continued to intensify in the last two and half decades and has affected all nations throughout the world. Although people are susceptible to HIV irrespective of their race, ethnicity, gender, age or even sexual orientation, statistics shows that the greatest burden of the disease is found in developing countries. The pandemic is now viewed as a major development problem with implications beyond the health sector. The epidemic is disproportionately affecting developing countries and is fuelled by poverty, gender inequality and social marginalization. The spread of HIV is a daunting development challenge; unfortunately the epidemic is continuing to evolve in an atmosphere of fear, prejudice, stigma, silence and discrimination. In spite of the progress being made in terms of increased awareness and advocacy, denial still exists in some sections of society.

On 17 November 2008, the WTO Dispute Settlement Body adopted an Appellate Body (AB) Report, reversing a Panel report which had concluded that the United States failed to establish that certain customs duties imposed by India are WTO-inconsistent. India collected these duties in addition to its basic customs duty imposed under Section 12 of India’s Customs Act of 1962 (the “Basic Customs Duty”). The United States had challenged two types of duties imposed by India on imports of certain products entering its customs territory: (a) the “Additional Duty” imposed by India at the border on imports of alcoholic liquor for human consumption (beer, wine, and distilled spirits, collectively “alcoholic beverages”), and (b) the “Extra-Additional Duty” imposed by India at the border on imports of a wider range of products, including certain agricultural and industrial products, as well as alcoholic beverages. While the United States argued that the imposition of these duties exceed the bound rates set out in India’s Schedule of Concessions, India maintained that these duties are charges to counter-balance various internal taxes or charges. The Panel was established on 20 June 2007 following the failure of the consultations to resolve the dispute.

For the purposes of this Treaty, unless expressly stated otherwise:

The most alarming of all man’s assaults upon the environment is the contamination of air, earth, rivers, and sea with dangerous and even lethal materials. This pollution is for the most part irrecoverable; the chain of evil it initiates not only in the world that must support life but in living tissues is for the most part irreversible. In this now universal contamination of the environment, chemicals are the sinister and littlerecognized partners of radiation in changing the very nature of the world – the very nature of its life.

As the title suggests, U C Jha’s book is a critical analysis of the Indian military justice systems. After independence, the three separate Acts came into force for the governance of the three services—the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957. These Acts were a continuation of the existing British Indian Army Act, 1911. Though substantial changes in the military justice systems have been made world over, the Indian system has undergone very few changes in the last 60 years. The Supreme Court in Lt Col PPS Bedi v. Union of India (1982) 3 SCC 140 had adversely commented on the military legal system and had called it ‘antiquated’ and ‘archaic’. The book under review has critically examined the Indian military justice system and compared it with that of the US and the UK and few other democracies like Australia, Canada, South Africa and Israel. The author has argued that the rights relating to fair trial as enshrined in the Indian Constitution and international human rights instruments are not reflected in the laws that govern the personnel of the armed forces.

United Nations Framework Convention on Climate Change Revised Draft Decision 14 December 2007, Bali, Indonesia”, Indian Journal of International Law, vol. 48, no. 1 (2008), pp. 113-117

Abass, Ademola, Regional Organisations and the Development of Collective Security: Beyond Chapter VIII of the UN Charter (Hart Publishing, Oxford and Portland, 2004).

In the Declaration on the Maritime Zone adopted on 18 August 1952 (“the Declaration of 1952”), Chile, Ecuador and Peru stated that the boundary between their maritime zones should follow the parallel of latitude starting from the point at which the land frontier of the respective countries reaches the sea.

In the beginning of the century and the new millennium, UNESCO had raised issues of fundamental importance: “If its potential (of the right to education) to contribute towards building a more peaceful world is to be realized, education must be made universally available and equally accessible to all.

International law is routinely criticized as being too weak and for allegedly failing to offer effective enforcement mechanisms. The Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) offers a significant exception to this assumption since the Protocol has put in place a full-fledged compliance system with an enforcement mechanism.

The Arbitration and Conciliation Act, 1996, (hereinafter, The Act), the new arbitration law of India came into existence to facilitate international trade and commerce in the era of global integration. Taking into account the UNCITRAL Model law of 1985, this Act seeks “the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations.

Rule of Law1 recognizes the supremacy of Law and ensures protection against arbitrariness and abuse of power. It envisages a mechanism providing for fair and just treatment of an individual through the process of law. Rule of Law also ensures that decisions would be made by following the known principles of law.

I consider it a great privilege to deliver the Ninth V.K. Krishna MenonLecture hosted by the Indian Society of International Law. Conscious of the Society’s standing and prestige and my own inadequacies in a highly specialised branch of knowledge, my only excuse for standing before you this afternoon is my inability to say “no” to my old colleague and friend Shri Ram Niwas Mirdhaji, President of the Society.

The States Parties to the present Protocol, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world

The States Parties to this Convention, Reaffirming their belief that international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States,

Even as pharmaceutical products and processes account for a significant part of patents applied for and granted worldwide, the 21st century continuesto bear witness to morally unacceptable situations wherein the poor and the diseased fail to receive treatment that is available but not accessible or affordable. TRIPS as the cornerstone international agreement has set the terms on which the pharmaceutical industry has been assured patent protection from member countries.

Abeyratne, Ruwantissa, “Carbon Trading in Commercial Aviation”, Journal of World Trade, vol. 43, no. 3 (2009), pp. 641-655

Ackerly, Brooke A., Universal Human Rights in a World of Difference (Cambridge University Press, UK, 2008).

At times healthcare providers, especially doctors, nurses and pharmacists, decline to participate in or render certain services or procedures to patients on the ground that it is objectionable to their conscience to do so. This idea or ‘right’ of ‘conscientious objection’ raises many legal and ethical issues. An objective and comparative approaches is applied in this paper to address these issues. It analyses the propriety of recognizing such ‘right’ in so important a field as healthcare where patients could be especially vulnerable and at risk, or depend entirely on the practitioners’ intervention for health or life. The paper argues that important legal and policy boundaries for its exercise should be set but that it may be inappropriate or unjustifiable to wholly deny the ‘right’ of conscientious objection to healthcare practitioners. It concludes that a compromise is inevitable in balancing the competing but not necessarily opposing interests.

The HIV/AIDS epidemic has sparked a larger debate concerning the accessibility and affordability of medicines, including life-saving drugs, in the wake of the introduction of product patents for drugs and the implementation of other provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs).

Since 1970, the ocean mining enterprises of several industrialized states have undertaken deep seabed mining ventures directly on their own in different world oceans. Despite inroads into the legal validity of deep seabed mining under national laws the ocean mining enterprises were encouraged by the respective state authorities to carry out deep seabed mining ventures.

In recent years, the proliferation of RTAs and their rapidly changing character poses challenges to the WTO multilateral approach, and relying exclusively on the existing WTO laws to influence States to respond to this change seems problematic. For this reason, the WTO laws need further elaboration and it is necessary to look at means by which new legal rules can be developed to supplement the WTO laws relating to RTAs. This study maps the current issues and ongoing examinations pertaining to RTAs discussed in the WTO fora, and also examines the efforts to improve the RTAs’ disciplines and procedures. Part I is an introduction designed to set the context for the paper. Part II underscores the mysterious origin of RTAs, which shaped their complex history. It attempts to demonstrate that the influence of imperial free trade has not remained confined to one or two areas of WTO, and that its influence has spread to RTAs rules in the WTO as well though to varying degrees. Part III highlights the ambiguity and lack of transparency of RTAs’ rules. This part notes that an increasing number of RTAs have been used as a tool to pursue nontrade objectives instead of genuinely promoting free trade amongst parties. Part IV clarifies the hierarchy of norms among the WTO dispute settlement system and dispute settlement mechanisms of RTAs’ rules. It also looks at the development of jurisprudence by the WTO DSS on the subject. Part V examines the current process of improvement of RTAs’ disciplines. The subject is vast. It is inevitable that economic issues must be left out of this discussion. By and large, this study assesses the legality of the features of WTO vis-à-vis RTAs. Is there any consensus on what would be the best way to reform the relevant rules to minimize the loopholes that members of RTAs often exploit, albeit sometimes unintentionally?

Till recently, life forms used to be exempted from patenting. However, developments in biotechnology are compelling for revising the approach towards the intellectual property rights regime applicable to the filed of biotechnology. Such changes in approach covers a wide range of issues, such as the range of product patents and the patentability of genes, gene sequences and parts of gene-sequences derive from human, animals, plants or microorganisms. Moreover, patenting, especially of human body parts, has posed an ethical limit for biotechnology itself. Consequently, in the light of these developments in biotechnology, the profile of patent regime is fast changing, especially in the developed world. The international trade regime under WTO is yet to address these challenges emanating from advancements in biotechnology. As uncertainty continues with regard to the meaning of the term ‘microorganism’ and the difference between ‘biological’ and ‘microbiological’ processes, some countries argue at TRIPS forum that life forms and living creatures should not be patented raising moral and ethical issues. Some developing countries argue that the TRIPS Agreement should specifically take account of issues, like allowing farmers to save, use, sow, exchange and share the seeds they have harvested and preventing anti-competitive practices, which threaten their ‘food sovereignty’. Many developing countries are yet to put in place national legislations to position themselves vis-à-vis international negotiations at the WTO, which calls for consistent support and capacity building exercises by the international community to enable them to overcome the infrastructural and institutional hurdles. This paper attempts to critically analyze various dimensions of intellectual property right issues, which relate to the filed of biotechnology, and tries to highlight the developing countries perspective in this regard with a focus on India, on these matters.

The Government of the Republic of India (India) and the Governments of Brunei Darussalam, the Kingdom of Cambodia (Cambodia), the Republic of Indonesia (Indonesia), the Lao People’s Democratic Republic (Lao PDR), Malaysia, the Union of Myanmar (Myanmar), the Republic of the Philippines (the Philippines), the Republic of Singapore (Singapore), the Kingdom of Thailand (Thailand) and the Socialist Republic of Viet Nam (Viet Nam), Member States of the Association of Southeast Asian Nations (collectively, “ASEAN” or “ASEAN Member States”, or individually, “ASEAN Member State”) refer to the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation between the Republic of India and the Association of Southeast Asian Nations (as amended), and set out below their common understanding:

The Government of the Republic of India (India) and the Governments of Brunei Darussalam, the Kingdom of Cambodia (Cambodia), the Republic of Indonesia (Indonesia), the Lao People’s Democratic Republic (Lao PDR), Malaysia, the Union of Myanmar (Myanmar), the Republic of the Philippines (the Philippines), the Republic of Singapore (Singapore), the Kingdom of Thailand (Thailand) and the Socialist Republic of Viet Nam (Viet Nam), Member States of the Association of Southeast Asian Nations.

Dr. (Mrs.) Harpal Kaur Khera, Law in India : Emerging Trends, (Publication Bureau, Punjabi University, Patiala, 2002), Rs. 450/-, ISBN 81-302-0147-x, pages 448.

“Documents -United Nations Resolution on the Global Counter-Terrorism Strategy, 2006”, AALCO Quarterly Bulletin, vol. 2, no. 3 (2006), pp. 307-320.

The world has changed profoundly since the end of cold war and most importantly under the impact of globalization1. The formidable acceleration of information exchanges, the increased trade in goods and services as well as the movement of individuals from one part of the world to another, have transformed our economic, social and political environment in both positive and negative ways, as well as the paradigm of national and international security. National interest is the key factor to evolve a national security strategy.

The Bush administration of the United States released a National Security Strategy in March 2006. According to this Strategy, the USA will work with its allies for:

Over the last decade, many scholars have argued for the enforcement of international human rights norms by the domestic courts. Those claims are largely normative and there are hardly any empirical arguments advanced in support of them. This paper presents an empirical study which examines the enforcement of international humanrights norms by the Indian Supreme Court between 1997 and 2008 based on a content analysis of its judicial decisions. With specific focus on the Indian Supreme Court, it examines the reasons, justifications and means for referral to international human rights norms between 1997 and 2008. Firstly, it examines the human rights cases in which the Supreme Court refers to international human rights norms. Then, human rights cases are divided into three categories; those involving: 1. Civil and political rights, 2. Economic, social and cultural Rights and 3. Both. Secondly, techniques developed by the Supreme Court of India for the enforcement of international human rights norms in these three categories of cases are explained. The methodology deployed codes the variables aimed at ascertaining the frequency of the enforcement of international human rights norms by the Supreme Court of India, using different techniques between 1997 and 2008. The study finds that the Supreme Court’s jurisprudence during the years 1997-2008 can be defined as a transitional period at least when it comes to the enforcement of international human rights norms. TheCourt has used international human rights norms largely as an interpretative tool, where international human rights norms were taken as a ‘given’ under the international human rights instruments. There are only a few instances where the Court has ‘defined’ what constitute international human rights norms by reading them into customary international law. This paper concludes by suggesting that the Supreme Court of India should take an ‘active,’ informed approach when referring to international human rights norms, and should enforce international human rights norms by reading them into customary international law where needed, rather than its ‘passive’ approach of referring to international human rights norms for statutory interpretations. The Supreme Court should look at the relationship between international and domestic legal norms as “co-constitutive, or synergistic”, and should utilize these norms actively as a participant in the dynamic process of developing international law. The Supreme Court must be able to apply customary law on human rights exhaustively and in a fully independent way, in particular, it must be able to verify that the violations of human rights recognized by customary international law are not committed by the executive. While the Supreme Court has been known for its judicial activism, it is time that it is also known for its informed approach and respect towards international human rights norms.

Since its inception the UN Sub-Commission on Promotion and the Protection of Human Rights played a significant role in evolving norms and standards with regard to prevention of discrimination and protection of minorities. Its constructive role in drafting the provisions on prevention of discrimination and protection of minorities in various international conventions is commendable. This paper provides a survey of its role in drafting international documents, preparing studies on human rights and taking action on their gross violations. Some governments and scholars have criticized its role, while others are full of praise for it. Some have doubted the “independent” character of its members, who function in their “individual capacity” and do not normally take orders from their governments (unlike the members of the Commission on Human Rights / Human Rights Council who represent their governments). If it is not the case, the critics ask, then why has it so singularly failed to make any contribution towards the protection of minorities till 1992 when it adopted the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities? Besides exploring answers to these questions, this paper provides an analysis of the achievements and failures of the Sub-Commission.

The thirteenth Conference of the Parties (COP13) of the United Nations Framework Convention on Climate Change (UNFCCC) at Bali, Indonesia, in 2007, adopted the Bali Action Plan (the BAP, also called the Bali Road Map) that established the Ad hoc Working Group on Long Term Cooperative Action (AWG-LCA) with a mandate to focus on four key elements- mitigation, adaptation, finance and transfer of technology1 The Plan also contained a non-exhaustive list of issues to be considered under each of these areas and called for articulating a “shared vision for long-term cooperative action”, constituting the fifth element of the BAP.

In pursuit of the ultimate objective of the Convention as stated in its Article 2,

An Act to provide for free and compulsory education to all children of the age of six to fourteen years

Essays on Contemporary Issues in International Law (New Delhi, Centre for Research and Training, Asian-African Legal Consultative Organization, 2009), pp. 268. Price not mentioned

Abudu, Nancy G. and others, “Human Rights”, International Lawyer, vol. 42, no. 2 (2008), pp. 755-796.

Al-Duaij, Nanda, Environmental Law of Armed Conflict (Transnational Publications, New York, 2004).

European Community (EC) is a particular kind of international organisation enjoying widely recognised international capacity. It exercises those aspects of State sovereignty that its member States have transferred to it. Within its competences, it develops relationships with States and other international organisations, in particular through the conclusion of treaties and the establishment of diplomatic relations.

Human rights are an integral and indivisible part of humanity and human dignity. Respect for the sanctity of life and human dignity and the quest for liberty, equality, prosperity, stability, order and fairness are some of the core values that furnish foundational base for the emergence of human rights across all cultures, geographical boundaries and political ideologies. Human rights, against the backdrop of the two World Wars and the growing terrorism, are also perceived as key tools for promoting collective peace and security in the world.

Worldwide concern with the risks caused by the increased frequency in the carriage of hazardous and noxious substances has led to the formulation and adoption of international technical standards to promote maritime safety. The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, is a new instrument dealing with compensation for accidents involving hazardous and noxious substances. This Convention excludes pollution damage as defined in the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, to avoid an overlap with these Conventions. Conversely, it covers damage including death or personal injury as well as damagecaused by fire and explosion when oils are carried. This article focuses on the role of this convention to be an effective means of ascertaining liability and compensating damage arising from maritime accidents. Various issues like legal bases of liability, assessment of compensation to be provided for claimants and the range of compensable damage are examined while studying this Convention. In evaluating the strengths and weaknesses of the provisions of the Convention, particular attention is given to issues like-determination of liability for damages, and extent of liability; compensation fund to compensate those who have suffered loss; and the procedure for the settlement of claims.

The idea of inalienable rights of the human being was often articulated by poets, philosophers and politicians in antiquity. Like the ideas of parliamentary democracy or Marxist political theory, like the ideas of science and technology, or of racial equality, the idea of human rights is gaining momentum and is increasingly becoming a master of political priorities throughout the world. Thus, the topic of ‘human rights’ is of universal concern and cuts across major ideological, political and cultural boundaries. The recognition and protection of human rights and fundamental freedoms are an essential part of justice of a political community. The elimination of wars and the establishment of peace in the international community would have no value if human rights were not also protected.

Recently, the Department of Biotechnology of the Government of India released a Draft National Biotechnology Regulatory Bill (the draft Bill) for the policing of modern biotechnology and its products.1 The title itself merits a rethinking as the content of the draft reveals that the target is modern biotechnology and its products alone and not the wide spectrum of biotechnologies. The driving forces behind the draft bill may broadly be classified into three; the staunch criticism from different quarters of the existing regulatory mechanism for genetically engineered organisms (GEOs);the obligations arising from India’s ratification of the Cartgena Protocol on Biosafety, 2000 and the reform exhortations at the official level. though the Draft Establishment Plan for the National Biotechnology Regulatory Authority (the draft plan) recognizes only the latter category and that too in an imperfect manner. A brief perusal of each of these categories would help to realize how far the draft bill is influenced by these driving forces.

Owing to the advent of technology with the establishment of easier and economic forms of travel and communication, national boundaries have increasingly become irrelevant for the purposes of cultural exchanges. The globe has shrinked to an extent that cultural taboos do not hold back any body to go in search of greater achievements. This brings in a package of both desirable and undesirable effects. Every employment opportunity especially the ones established under the modern technological umbrella comes with a lot of responsibility and financial benefits and the aftereffect being increasing independence of individuals and ego inflations, which paves the way for undesirable familial problems.

The Indo-US Treaty on Peaceful Nuclear Co-operation, 2007 is a beautifully crafted bilateral treaty. However, it has remained in the eye of the storm that has raised doubts over the consequences of the deal after its operationalization.1 Those doubts, inter alia, flow from the provisions of the treaty, domestic legislation on the matter in the US, and international obligations imposed on India. These doubts have to be examined in a detailed manner. It is apparently a bilateral treaty, but it has so much international ramifications that many countries are interested in knowing about the fate of this treaty. This treaty has also raised the general awareness of the common man and every body is willing to know about the future of this new born baby of Indo-US love affair after a long isolation. This article is an attempt to examine the problems involved in implementation of the treaty and its future.

The Security Council, Recalling its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), and 1735 (2006), and the relevant statements of its President, Reaffirming that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and reiterating its unequivocal condemnation of Al-Qaida, Usama bin Laden, the Taliban, and other individuals, groups, undertakings, and entities associated with them, for ongoing and multiple criminal terrorist acts aimed at causing the death of innocent civilians and other victims, destruction of property and greatly undermining stability,

AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE APPLICATION OF SAFEGUARDS TO CIVILIAN NUCLEAR FACILITIES

To reiterate India’s stand on disarmament and nonproliferation, EAM has made the following statement: A Plenary meeting of the Nuclear Suppliers Group to consider an exception for India from its guidelines to allow for full civil nuclear cooperation with India is being held in Vienna from September 4-5, 2008.

M.K. Sinha’s, Enforcement of Economic, Social and Cultural Rights1 is important for two reasons: its subject matter and its method. In dealing with human rights, it adopts what one may call a comparative analysis process to assess the implementation and realization of social and economic rights in India. Before coming to the contents of the books it is necessary to put its subject matter in a proper perspective. Human rights are one of the great ideas of our time. Louis Henkin in the “The Age of Rights” said that the concept of human rights is “the only political – moral idea that has received universal acceptance.” Human rights are also seen today as the central moral issue in contemporary relations – as the ‘currency of the international moral discourse’4 and as the ‘modern tool of revolution’5 in the struggle for human dignity in our time. Some contemporary commentators go further and convincingly argue that ‘the language of human rights has become the dominant mode of moral discourse of the last fifty years, edging out moral topics such as

The present book under review ‘Overcoming Law’ by Richard Posner was originally published by Harvard University Press in 1995. The first Indian reprint was brought out by Universal Law Publishing Company in 2007. ‘Overcoming Law’ is a result of series of lectures delivered by the author at University of Chicago Law School, Chicago-Kent Law School etc. Richard Posner is Chief Judge, United States Court of Appeals for the Seventh Circuit, and a Professor at the University of Chicago Law School.

Ahmed, Parvez, “Terror in the Name of Islam-Unholy War, Not Jihad”, Case Western Reserve Journal of International Law, vol. 39, no. 3 (2007-08), pp. 759-788.

Ajayi, J. F. Ade. (ed.), General History of Africa: Africa in the Ninetieth Century until the 1980s, Vol. 6. (Heinemann UNESCO, California, 1989).

Arab countries have adopted market economy principles and pursued policies designed to strengthen their economies. The cornerstone of Arab countries’ long-term economic objectives has been to increase trade and support economic growth via regional and global integration.

This analysis argues against State secrecy about hazardous radioactive effects from civilian nuclear activities in India. It also considers the unresolved status of nuclear wastes disposal nationally and internationally and asks whether any safe disposal mechanisms exist when, in fact, the civil nuclear proliferation for generating energy is considered as the, if not only, most important option.

Poverty is not only a national economic and developmental problem but also a global problem calling for adequate action at the national, regional and international levels. Despite the spectacular success achieved by the international community in reducing the high incidence of poverty and freeing a large number of people from want and misery in the past.

This article is premised on the understanding that the core philosophy of juvenile justice is rehabilitation and reintegration. However, in practice in many countries, the juvenile justice system comprises retributive as well as rehabilitative elements. The rehabilitation component with regard to children has been mired in controversy since time immemorial. This article outlines descriptively the justification for invoking the rehabilitation model for juveniles. In order to assess the actual incorporation of rehabilitation and reintegration of juveniles as embodied in the Convention on the Rights of the Child, 1989 (CRC), the article focuses on two case studies. The first takes a critical look at the Indian juvenile justice system to gauge the extent of the internalization of international standards. The second explores the interface between rehabilitation and crimes in connection with child soldiers subject to the jurisdiction of Sierra Leone’s Special Court. Both case studies revisit the actual perceptions and incorporation of the ‘rehabilitation model’ as a means of rendering justice to young offenders. The article depicts the emergence of a reverse trend that has adopted a retributive framework for addressing offences perpetrated by children. Further, this article demonstrates how the international community is gradually heading towards a punitive and penological approach to crimes committed by children and youth. At a parallel level,though the thrust of domestic application may be toward the mainstreaming and reintegration of young offenders, the intrinsic flaws in the mechanism, coupled with lax application of laws, is resulting in a sham. The article endeavours to put in perspective how the ‘rehabilitation’ trait of the juvenile justice system has not moved beyond rhetoric.

RECOGNIZING the urgent need to take action to implement a trade expansion programme among the developing member countries of the Economic and Social Commission for Asia and the Pacific (ESCAP) pursuant to the decisions contained in the Kabul Declaration of the Council of Ministers on Asian Economic Co-operation and within the framework of the Asian Trade Expansion Programme which was adopted by the Intergovernmental Committee on a Trade Expansion Programme created under the Kabul Declaration.

An Act further to amend the Unlawful Activities (Prevention) Act 1967. Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows.

Before the legal and economic restrictions came into existence extending a wide variety of rights and duties on the works of an author in the contemporary era, a brief glimpse in the ancient history amply divulges that the law of copyright has been in existence from the days of the Roman Empire.

Punjabi University Law Journal (for citations PbiULJ) is an official organ of the Department of Law of Punjabi University, Patiala. It provides media support to law, legal and jurisprudential ideas of the academic faculty, research scholars and students of law at the University.

“Convention on The Rights of Persons With Disabilities: An Introductory Note”, AALCO Quarterly Bulletin, vol. 2, no. 4 (2006), pp. 401-405.

Arti, Ajit, Ghandi’s View of Legal Justice (Deep & Deep Publications, New Delhi, 2007).

Globalisation is the grand trend of the contemporary world. It is the consequence of the deepening of interdependence among nations. There are so far insufficient analyses of the differences between the present globalised world economy and the previous economic interdependence among nations.

In the contemporary world, the inter-linkages between trade and environment have become an important contentious issue at various fora in the development discourse. The debate on the “trade and environment linkage” has been dominated by two principal concerns of market access and product competitiveness. In the international politico-economic interface, the debate has centred on the WTO (World Trade Organization) system, which is primarily a trade body but has come under attack from the environmental lobby (and by the developed countries) for ignoring environmental concerns.

The Multinational Enterprise (MNE)1 is characterised by its juridical plurality and its economic unity. On the one hand, it is composed of a number of separate legal entities which are residents or nationals of different countries and are related with each other formally by equity or contract or informally.

Trans-national crime is a global problem. Countries all over the world are concerned about the increase in the level and sophistication of trans-national crimes. To facilitate international concerted efforts to combat this problem, mutual legal assistance and extradition procedures are emphasised.

The Bali summit on climate change is one of the stepping-stones towards a new climate change regime in 2009. The road-map laid down at the Bali summit captures the spirit of existing climate change regime and at the same time marks out the areas around which climate change negotiations will take place in the run-up to the new regime. The items constituting road-map – mitigation, adaptation, transfer of technology and financing – are the areas around which stakes of both developed, developing and small-island States interests are high.

Resolving to urgently enhance implementation of the Convention in order to achieve its ultimate objective in full accordance with its principles and commitments, Reaffirming that economic and social development and poverty eradication are global priorities

text as adopted on 23 November 2007 by States that took part in the Twenty- First Session of the Hague Conference, which is currently being corrected, as well as the annexed forms, for final publication

Right to Health in the Context of HIV/AIDS in India and Africa is a 300 page book of readings in law on Human Rights. It is jointly authored by Sinha, Oyelade and Odunsi. The book is beautifully presented with an attractively designed hard cover.

Schaffrin, Dora, “Dual Legal bases in EC Environmental Law Revisited: Note on the Judgments of the European Court of Justice in the Cases C-94/03 (Commission of the European Community v. Council of the European Union)and C-178/03 (Commission of the European Communities v. European Parliament and Council; of the European Union)'', Review of European Community & International Environmental Law, vol. 15, no. 3 (2006), pp. 339-343.

Abeyratne, R. I. R., Fronties of Aerospace Law (Ashgate Pubn., England, 2002).