RUSSIA AND THE SAGA OF FREE TRADE EXPANSION OF THE EURASIAN ECONOMIC UNION
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
Upama Nandy, Research Intern at South Asian Journal of International Law Introduction Established in 2015, the Eurasian Economic Union (EAEU/EEU), consists of five major member States. These include Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. One of the primary reasons that promote the need for expansion of the network along this free trade area is banked on the fact that with its nominal GDP at $2 trillion ($4.5 trillion at purchasing power parity), and population of 183 million people, the Eurasian Economic Union, however sizable, is not a self-sufficient market, at least as far as ..read more
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Delhi High Court Case Comment: Future Retail Ltd. Versus Amazon.com Investment Holdings LLC & Ors.
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
Shawaiz Nisar, Junior Associate Editor, South Asian Journal of International Law Introduction On 20th December 2020, the High Court of Delhi while dealing with the case between Future Retails Limited (FRL) and Amazon Inc., clarified an important legal point relating to the validity of “emergency arbitral awards” under the Arbitration and Conciliation Act, 1996. The Court was hearing a plea by Future Retail Ltd. to issue an order of interim injunction to restrain Amazon Inc. from writing to Indian statutory authorities including the Competition Commission of India and the Securities Exchange Bo ..read more
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Case Comment: Immunities and Criminal Proceedings (Equatorial Guinea v. France)
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
Rakshit Sharma, Research Intern, South Asian Journal of International Law Introduction In 2008, Transparency International France filed a complaint for misappropriation of funds against African Heads of State (Immunities and Criminal Proceedings [Equatorial Guinea v. France]) before the International Court of Justice. The principal accused person was Mr. Teodoro Mangue, the son of the President of Equatorial Guinea. The alleged misappropriation had been conducted by acquiring certain properties out of which the building located at 42 Avenue Foch in Paris, was the centre of investigation. As th ..read more
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Illegal, Unreported and Unregulated Fishing as a National Security Threat to Indian Sovereignty
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
Upama Nandy, Intern, South Asian Journal of International Law Introduction Illegal, unreported, and unregulated (IUU) fishing is a public security concern since it sabotages the sovereignty and security of a nation by undermining its sea security and marine defense structures thus affecting the overall administrative control of a country. IUU fishing progressively erodes the world's economic and social order (Cutlip, 2016). IUU fishing receives maximum acknowledgment when it comes to economic, administrative, ecological, and food security-based threats and challenges. However, this acknowledgm ..read more
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Section 301 of the Trade Act 1974 (USA) in Tackling Vietnam's Timber Trade and Currency Practices
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
Rakshit Sharma, Research Intern, South Asian Journal of International Law Introduction The United States of America (USA) is a world leading exporter and is generally on the better side of trade deficits with countries, which basically means that in the usual case scenario it exports more than it imports from other countries. But, in this instance, it imports more than it exports by $55.8 billion to Vietnam (Zhou). All countries strive to be at their peak with respect to economic dominance over the world, as it gives them leverage in trade. It helps these countries to have higher bargaining po ..read more
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GDPR’s Rights of Data Subjects: A Comparative Study Between the Privacy Laws of India and Nepal
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
Harshvardhan, Intern, South Asian Journal of International Law Introduction Technological progress combined with several governmental and non-governmental efforts to create a digitalised economy and society has caused extensive data pooling which has endangered the right to privacy. In recent years, both the Government, and corporate organisations have become data miners, collecting information about activities, behaviour and lifestyles of individuals and groups, for their own benefits such as for the purposes of surveillance as well as targeted advertisement and targeted business related acti ..read more
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INTERNATIONAL COURT OF JUSTICE CASE COMMENT: GUYANA VERSUS VENEZUELA
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
Prateek Singh Associate Editor, South Asian Journal of International Law Background On 18th December 2020, the International Court of Justice released its much awaited verdict on the centuries long dispute in Guyana v. Venezuela (Arbitral Award of 03rd October 1899). Located in the North- East region of the South American continent, Guyana is bordered by Venezuela to the West. At the time the present dispute arose, Guyana was still a British colony, known as British Guiana. It gained independence from the United Kingdom on 26th May 1966. The dispute between Guyana and Venezuela dates back to a ..read more
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ICJ'S ICAO JUDGMENT AND JUSTICIABILITY OF POLITICAL ASPECTS IN DISPUTE
South Asian Journal of International Law
by Editorial Board, SAJIL
3y ago
The Bahrain v. Qatar Case: An Overview Arnav Tyagi Editorial Intern, Internationalism In June 2017, the Kingdom of Saudi Arabia, the United Arab Emirates, the Arab Republic of Egypt and the Kingdom of Bahrain [hereinafter referred to as the Four States] had cut diplomatic relations with the State of Qatar (Kerr, 2017), accusing it of supporting and harbouring terrorist and sectarian groups, such as the Muslim Brotherhood, causing instability and extremism in the region. Apart from recalling their diplomatic missions, ordering all Qatari nationals to leave their countries, banning Qatari busine ..read more
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Enforcement of Investment Awards: Is India Anomaly in South Asia?
South Asian Journal of International Law
by Aryakumari Sailendraja
3y ago
Authored By: Pushkin Tandon Sameep Khanal Introduction In this article, the authors will analyse the investment awards under the Indian legislation and case laws. Authors will also try to contextualize Indian legislation in south Asia and draw parallels to the extent possible with south Asian experience in enforcing investment awards. Further authors will also try to explore options for providing much-required clarity on the enforceability of investment awards in India after Vodafone award. Model BIT and Revisionism The 2015 draft of a model Indian bilateral investment treaty (the “Model BIT ..read more
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Legal Rigor or Formalism? Marshall Island Case and Notion of Dispute
South Asian Journal of International Law
by Aryakumari Sailendraja
3y ago
Authored By: Anubhav Jaiswal Sameep Khanal Introduction International Court of Justice has adjudicated the cases of immense magnitude by using its expansive interpretation and not restricting itself strictly to the bilateral dynamics, in turn encouraging litigation in the so-called “big cases”. But the judgement of the Marshall Islands case has flooded the courts with sceptical scrutiny on whether the ICJ is always open to litigation. The decision adjudicated in the Marshall Islands(2016)case has certainly raised questions on whether world court is sceptical on making judicial pronouncement in ..read more
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