In this essay, Yekalo Ghebremicael writes on the application of the principles of International Humanitarian Law to cyber-attacks. Continue reading Cyberwarfare in the Context of International Humanitarian Law
By: Rabindra Kumar Mitra INTRODUCTION “The real problem is not whether machines think but whether men do.” – F. Skinner Today, the term ‘Government’ is associated with incompetence, corruption, red-tapism, and power being concentrated in the hands of the few. The same picture is reflected in Banks, Courts and other instruments of the State. So, what happens if these intermediaries are released from their supervisory … Continue reading Blockchain Technology: Importance of Transnational Laws and Jurisdictional Issues in Blockchain Dispute Resolution
By: Urmil Shah INTRODUCTION The internet has developed so rapidly since the 1990’s that we have now entered an age where we require laws to regulate and govern it. Essentially, the internet relies upon voluntary adherence and theoretically is a network of people passing along packets of information so that when the time comes you pass along packets for them. Tim Berners Lee, the inventor … Continue reading Cyber Security in the Age of Privacy
By: Priyadarshini Barua INTRODUCTION At the China Institute Event in April, New York, Gilbert Kaplan, an undersecretary for international trade at the US Commerce Department, said that China is “stealing American intellectual property and engaging in commercial cyber espionage”. It is not the first time that the country has been accused of economic espionage. Back in 2014, Reuters reported that the United States had charged … Continue reading Jurisprudence: Deliberating upon Cyber Economic Espionage
By: Rishabha Meena INTRODUCTION The issue here is with regard to the legality of the tariff imposed by the United States on imported washing machines and solar cells. It is inconsistent with the Agreement on Safeguards (hereinafter ‘AoS’) and the General Agreement on Tariffs and Trade, 1994 (hereinafter ‘GATT’). The Agreement on Safeguards and Article XIX of GATT deal with the application of safeguard measures … Continue reading Is Imposition of Tariffs by the U.S. on Imported Washing Machines and Solar Panels Legal?
By: Aman Bahl The law of naval warfare as it existed in 1907[1] and as it is apprehended in 2018 displays a few similarities but many differences. The fundamental similarity is that the law of naval warfare can be seen, then as now, as comprising predominantly of customary international law. The many disparities in this law have been caused by the major variations in the … Continue reading Autonomous Naval Mines: An Upcoming Threat to the Freedom of Navigation in the High Seas?
By: Saurabh Tiwari INTRODUCTION Globally, the issue of tax, investment, and dispute resolution in investment law is one that witnesses constant scuffle between the prominent players namely: the state and the investors. Jurisdiction of an arbitral tribunal plays a vital role in disputes between investors and state. States prefer the dispute to be resolved in their national courts as per their national laws while investors … Continue reading Treaty Shopping: A Melee Between the Primary Players
By: Akash Anurag & Udaiveer Singh Ahlawat A BRIEF OVERVIEW OF THE SYRIAN CIVIL WAR AND THE REFUGEE CRISIS As the Syrian conflict reaches its conclusion with the almost certain defeat of the rebel forces, more than 4,65,000 Syrians have been killed in the fighting, more than a million injured and over 12 million, half the country’s pre-war population has been displaced from their homes. The crisis … Continue reading A War That Should Never Have Happened: Analysing India’s Stand With Respect to The Syrian Civil War and Refugee Crisis
By: Tarini D. Prabhu INTRODUCTION International arbitration is growing as a means of dispute resolution today. Arbitration is considered a more cost-effective, timely, and flexible means of resolving disputes, without having to resort to litigation and its accompanying inconveniences. Although there is an effort to shift away from litigation and the regular courts, arbitration cannot completely sever itself from the courts as it ultimately depends … Continue reading Enforceability of International Arbitral Awards in Light of the New York Convention
By: Yash Lahoty INTRODUCTION The investment in different states other than the state of establishment (Parent state) is governed by International Investment Agreements (IIAs) also known as Bilateral Investment Treaties (BITs) between the contracting state parties. International Commercial Disputes are now preferably settled through international Commercial Arbitration that is specifically provided in the investment treaty itself.[1] The treaty provides for all kinds of disputes possible … Continue reading The inclusion of Award or its Non-Enforcement in the Definition of the Investment
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