Introduction As the crisis of the twenty-first century looms over us, the European Union has decided to adopt the Carbon Border Adjustment Mechanism (CBAM). The Union currently has a compliance model based on the cap-and-trade principle, the European Union Emissions Trading System. Parallelly, India has been developing its own instruments to tackle climate change. CBAM introduces regulations pertaining to the pricing of implicit embedded emissions in imports, requiring importers to obtain CBAM certificates corresponding to the level of greenhouse gasses in the product. Although there have been ..read more

Introduction The biosciences industry has considerably expanded in the post-COVID world. The race to develop and test vaccines, coupled with the heightened global competition for access to supplies of personal protective equipment, has highlighted the interconnected nature of this industry and the significance of government policy and regulation. Against this backdrop, there is a strong likelihood of a significant increase in the filing of investor claims against the host state in this industry. There have been only 13 reported arbitration cases pertaining to the pharmaceutical busin ..read more

Introduction Globalisation and the current global economic order have disproportionately harmed third-world countries. Today, just three billionaires from developed Northern states hold more wealth than the combined economic output of all the world’s least-developed countries, representing over 600 million people. International law is playing a pivotal role in reinforcing and legitimising the unequal power structures and unjust processes that continue to exacerbate the North-South divide. International financial institutions that enforce Neo-liberal policies now severely restrict the policy-ma ..read more

Introduction Anti-regime and Pro-democracy protests erupted in March 2011 in the Southwestern city of Derra in Syria and soon catalyzed the entire nation demanding the “fall of the regime”. What followed was the systemic reprisal of dissent by the Assad government and the killing of hundreds of demonstrators and the imprisonment of many more. On September 23, 2014, in the aftermath of the regime using chemical weapons against the opposition, the US and its Arab allies launched an air campaign against ISIS (Islamic State of Iraq and Levant), and the US deployed around 2000 troops in the region ..read more

Introduction International Investment Agreements (IIAs) have been traditionally asymmetrical as they mainly entail obligations for host States to protect foreign investments and dispute settlement mechanisms for the investor. However, this asymmetrical nature has been subject to much controversy in the past decade due to the absence of accountability and corporate responsibility provisions in such instruments. Hence, there has been a major push for incorporating obligations for investors in IIAs, with states incorporating them in their model BITs and multilateral organisations suggesting ..read more

Introduction  The advent of industrialisation and scientific development has come at the cost of exploiting natural resources, leading to global warming and climate change. In the 21st century, there has been a push for sustainable innovation and Environmentally Sound Technologies (‘ESTs’). However, there is a growing disparity among nations regarding access to such sustainable technologies. The Global South, primarily comprising United Nations designated Least Developed Countries (‘LDCs’), grapples with economic challenges due to poverty and structural barriers. Despite the potential of ..read more

Introduction In the recent South Africa vs. Israel case, the International Court of Justice (ICJ) issued a significant order on provisional measures related to Israel’s military operations in Gaza, alleging genocide. This development has sparked extensive discussions among international scholars, representing a pivotal moment in the ongoing discourse on international law and humanitarian concerns. Distinguishing itself from existing discussions, this article analyses the dissenting opinions of the judges. To do this, the article delves into two pivotal facets addressed by the case. Firstly, i ..read more

Introduction You take my water, burn my olive trees, destroy my house, take my job, steal my land, imprison my father, kill my mother, bombard my country, starve us all, humiliate us all, but I am to blame: I shot a rocket back. Noam Chomsky On October 7, 2023, the Palestine-based group Hamas launched an armed attack on Israeli cities, killing nearly 1,200 citizens. Immediately after Hamas’ attack, Israel declared that it was at war, and it would take “mighty vengeance” upon Hamas. It retaliated by launching a prolonged offensive on Gaza by air and ground, killing nearly 20,000 Palestinians ..read more

In July 2023, the UN General Assembly adopted a resolution condemning violence against holy books following multiple Quran-burning incidents in Europe [see here]. Formulated by Morocco and endorsed by the General Assembly, the resolution titled ‘Promoting inter-religious and intercultural dialogue and tolerance in countering hate speech’ deplores violence against religious symbols, texts, and places. The adoption of the resolution was prompted by the alarming upsurge of incidents involving religious books and symbols, which the UN Human Rights Council in Geneva largely criticised on several o ..read more

Introduction In March 2017, the Government of India issued notices to terminate its bilateral investment treaties (‘BITs’) with 58 partner countries. This move was the culmination of a multi-faceted review process initiated by the Indian Government that sought to bring about a change in India’s approach towards BITs (and, by implication, international investment law) in light of adverse awards (e.g., White Industries) by international arbitral tribunals. The Indian Government also released a ‘Model BIT’ in 2016, radically different from the BITs it had signed in the past, that was to now serve ..read more