Categories
International Law

Of State Responsibility, Sovereignty and Sanctions: China’s Act of Freezing Visas and Other Questions

This piece addresses the legal debate following China’s recent act of freezing the visas of two Indian media correspondents. It analyses the nature and legality of China’s actions drawing comparisons from various relevant instances to cater to the larger questions of state sovereignty, state responsibility and target sanctions.

Categories
International Law

US v/s Palestine: Revisiting the Conundrums of Statehood

Shivesh Saini On 28 September 2018, Palestine submitted an application wherein it sought to litigate the United States in ICJ over relocating its embassy in the disputed territory of Jerusalem. Basically, this move demonstrates the unequivocal acknowledgement of Israel’s claim on Jerusalem. Palestine argued that it is a breach of the Vienna Convention on Diplomatic […]

Categories
International Law

The Ceasefire or the “Peace” Fire?: Taliban’s Abrupt Takeover of Afghanistan from an International Legal Perspective

Maryam Jami Under the international legal system, peace or ceasefire agreements are usually concluded between hostile states or governments, in order to end a state of war. Nevertheless, these agreements are also being reached between governments and non-state groups, and are given internationally legally binding status as “internationalized” agreements. As such, in February 2020, the […]

Categories
International Law

Hong Kong’s Dwindling Identities and Liberties

Neeraja Rajesh From the Star Ferry Riots (1966) to the Anti- Extradition Bill Protests (2019), the city-state of Hong Kong is no stranger to the fight against arbitrariness and the concomitant sacrifices demanded by a thirst to retain its identity. Impediments to basic freedoms have plagued the region incessantly, ultimately culminating in the ‘Law of […]

Categories
Coronavirus International Law

Revisiting Humanity in the Wake of the Pandemic: A Saga of the Climate Induced Displacement

Kavya Mathur & Varsha Raman Climate change, a notable driver of displacement, has the potential to displace about 140 million people by 2050. Even though climate change continues to shatter lives and livelihoods across the globe, States and the international community in general are seemingly inattentive to its effects. This crisis demands action, as the […]

Categories
International Law

When Time Ran Out for TikTok: Is Trump’s Order Justified

Naina Bora Amidst its growing popularity, Tiktok has faced severe backlash from some governments viewing the mobile application as a national security threat. On 6th August 2020, the Trump Administration passed an executive order under the International Emergency Economic Powers Act (“IEEPA”) stating that Tiktok shall be banned within 45 days. In the aftermath of […]

Categories
International Law

Annihilation of Democracy: Hong Kong’s National Security Law

Abhijeet Kashyap Introduction At a time when the whole world is facing the brunt of the deadly coronavirus, citizens of Hong Kong are facing the gravest form of human rights violation. Since mid-2019 the protests in the region have been in the media’s  spotlight across the world. These protests are nothing new for a nation […]

Categories
International Law

Revisiting Internet Shutdowns and the Right to Freedom of Expression

Rashi Rawat and Himanshu Kumar Introduction In January 2020,  the Supreme Court in Anuradha Bhasin took an unprecedented stand on the rampant internet shutdowns in India. According to the Court, it was a situation in which Liberty and Security were at loggerheads and it was of great significance that this pendulum should not swing to […]

Categories
International Law

An Analysis of Ioane Teitiota v New Zealand: Paving the way for Climate Refugees and Non Refoulement Obligations of States under Article 6 of the ICCPR

By Urshila Pandit Introduction Slow and sudden environmental changes brought about by climate change are forcibly displacing individuals  to different countries due to the uninhabitable nature of such regions. The current scenario can be analysed utilising two legal instruments- the Convention Relating to the Status of Refugees, 1951 and Article 6 of the International Covenant […]

Categories
International Law Rights Adjudication

Critically Assessing the Notion of Human Rights as ‘Universal’

By Anmol Ratan John F. Kennedy in his 1961 inaugural speech said, “the rights of man come not from the generosity of the state but from the hands of God”[1]. It is this presumption about the metaphysical origin of human rights that makes it problematic for this internationally recognised regime of law to claim absolute […]