Innocent Passage for Warships: A TWAIL Perspective
SILP | Society of International Law and Policy
by Society for International Law and Policy
1w ago
Ritesh Raj Introduction The United States and China recently exchanged blows over the US’s warship sailing through the South China Sea, to challenge China’s prior notification rule ( “The Rule”) for any warship transiting through its territorial waters. The operation was part of the US’s Freedoms of Navigation Operations (FONOPs), which it performs to reinforce ..read more
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Examining the Insufficiency of IHL in regulating Cross-border Cyberattacks and Proposing Alternative Measures – Part II
SILP | Society of International Law and Policy
by Society for International Law and Policy
5M ago
*Megha Bhartiya This is part two of a two-part article. Find the link to part one here. Can the IHL regulate Cyberwars? While there is a lack of targeted regulations, there are arguments that the IHL can fill the legal void of regulating the cyberspace. The IHL is a broad set of regulations that aims ..read more
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ECOCIDE AS AN INTERNATIONAL CRIME: AN IMPERATIVE LEAP FOR ECOLOGICAL SUSTENANCE
SILP | Society of International Law and Policy
by Society for International Law and Policy
1y ago
Shubhankar Sharan* INTRODUCTION “Destroying the earth is a sin and should be a crime”- Pope Francis The onrushing stripping of green cover and inordinate predominance of human interests has shaped a new paradigm, risking the existence of one and all. Ecocide, a term whose history stretches to almost 50 years, has gained traction yet again in ..read more
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ECOCIDE AS INTERNATIONAL CRIME: BOLD REFORM OR EMPTY RHETORIC?
SILP | Society of International Law and Policy
by Society for International Law and Policy
1y ago
Ria Surbhi, Sankari B* INTRODUCTION In July 2021, the “Eye of Fire” in the Gulf of Mexico caused devastating environmental deterioration.[1] As Mexico’s Yucatan Peninsula was burning, the Amazon rainforests gradually yet significantly were deforested. The deforestation rate soared to 22%; the highest since 2006.[2] Activists in Brazil suggested that the Brazilian President, Jair Bolsonaro ..read more
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FRAGMENTATION OF INTERNATIONAL LAW: DIFFICULTIES AND OPPORTUNITIES OF DIVERSIFICATION AND THE ROAD AHEAD
SILP | Society of International Law and Policy
by Society for International Law and Policy
1y ago
Dhiyaaneswar DT* International Law has undergone sea changes in the last fifty years. Rapid globalisation, advancement of science and technology, and rising global attention to human rights and environmental issues have led to the proliferation of a number of specialised areas of international law. What was once termed “General International Law” is now being replaced ..read more
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HARMONIZATION INSTEAD OF FRAGMENTATION:SIGNIFICANCE OF ENVIRONMENTAL NORMS IN INTERNATIONAL TRADE LAW
SILP | Society of International Law and Policy
by Society for International Law and Policy
1y ago
Ahan Gadkari and Sofia Dash* The reach of the global trading system continues to broaden as a greater number of nations become capable of producing a greater variety of goods and as an increasing number of service sectors become subject to trade liberalisation regulations. As a result, the trading regime’s conceptual difficulties are getting more ..read more
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Somalia V. Kenya- Implications for the International Maritime Community
SILP | Society of International Law and Policy
by Society for International Law and Policy
1y ago
Mitali Jain* and Aryan Gupta** Introduction The International Court of Justice (ICJ) issued its long-awaited decision on the location of the maritime border between Somalia and Kenya in the case of Maritime Delimitation in the Indian Ocean (Somalia v Kenya) on October 12, 2021. Kenya refused to take part in the oral hearings on merit ..read more
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Does Normativity Preside Over Positivism in determining Recognition of Foreign Judgements in Private International Law?
SILP | Society of International Law and Policy
by Society for International Law and Policy
1y ago
*Shivangi Mishra Introduction: Is Recognition of Foreign Judgements in the Arena of Private International Law Guided Solely by Normativity? The framework of private international law is invariably pervaded by a ‘foreign element’, whether in the form of the property-in-dispute being situated in a foreign country or the cause of action arising in a foreign land ..read more
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Fragmentation and the Way Forward – Exploring its Potential to Build Better International Law Models
SILP | Society of International Law and Policy
by Society for International Law and Policy
1y ago
Rudra Athray* Introduction The European Court of Human Rights, in the 2016 case of Al Dulimi, voiced its concerns regarding fragmentation, and the “spirit of systemic harmonization” of international law. This judgement brought to light an important discussion – the fragmentation and diversification of international law. This topic, however, has been addressed by different international ..read more
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Indo-Lankan Ties in Choppy Waters – Analyzing the Maritime Conflict from the Lens of International Law
SILP | Society of International Law and Policy
by Society for International Law and Policy
2y ago
                                    -By Era Dahiya & Lokesh Soni[i] INTRODUCTION Aiming to secure their marine resources in the Indian Ocean, India and Sri Lanka settled their maritime boundary in 1974-76. Despite the delimitation, however, fishers from both the countries continue to enter unlawfully into each other’s sovereign waters, resulting in imposition of punitive measures against those accused ..read more
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