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FINALLY PLACING ACCOUNTABILITY: HYBRID COURT BEING SET UP IN SOUTH SUDAN -PART II
Ahan Gadkarni, of Jindal Global Law School DATE OF PUBLICATION-4/24/2023 The Agreement Establishing the Hybrid Court The 2018 agreement, which includes the hybrid court initiative just described in the previous part of this piece, lays out the territory of ending hostilities in South Sudan and putting into effect a set of procedures meant to ensure…
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STATUS OF IP LAWS IN THE UK POST-BREXIT: A CHANGED LEGAL LANDSCAPE
Unnati Sinha, of Narsee Monjee Institute of Management Studies. DATE OF PUBLICATION-4/24/2023 Introduction On January 31, 2020, the United Kingdom (UK) left the European Union (EU). EU-UK Withdrawal Agreement ended on December 31, 2020 and the existing EU treaties, freedom of movement within the EU and key EU legal norms do not apply to the…
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UK’S NEW REFUGEE PLAN – A VIOLATION OF THE PRINCIPLE OF NON-REFOULEMENT?
Anoushka Anand, of National Law University, Jodhpur. DATE OF PUBLICATION-5/22/2023 Introduction The cornerstone of contemporary international refugee protection law is the 1951 United Nations Convention Relating to the Status of Refugees (Refugee Convention). It finds its foundation in Article 14 of the 1948 Universal Declaration of Human Rights, which declares that everyone has the right…
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BASFAR V. WONG: A WIN FOR VICTIMS OF MODERN SLAVERY OR A FRACTURE IN THE LAW OF DIPLOMATIC IMMUNITY
Shashwat Singh, of Law at Nirma University. DATE OF PUBLICATION-5/22/2023 Introduction The UK Supreme Court, in a recent judgment, found that diplomats responsible for subjecting their domestic workers to situations of modern slavery will no longer have immunity from the civil jurisdiction of the Courts in the UK. The case concerned a dispute between Ms.…
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SETTLEMENT AGREEMENTS AS A WAIVER IN INVESTMENT-STATE ARBITRATION ARYAN TULSYAM
Aryan Tulsyan, B.A. L.L.B. at Jindal Global Law School. DATE OF PUBLICATION-2/22/2023 Introduction Most International Investment Agreements (“IIAs”) contain a specific dispute settlement clause, providing access to avenues such as investment arbitration and domestic courts to the investors. A waiver in the context of Investor-State Dispute Settlement (ISDS) refers to the waiver of protection offered…
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SOLVING THE FOSSIL FUEL SUBSIDRY REFORM PUZZLE THROUGH ASCM
Simran Lunagariya, and Niveditha R, Institute of Law, Nirma University, Gujarat. DATE OF PUBLICATION-3/22/2023 Introduction Subsidies are intended to safeguard consumer interests by ensuring low prices. However, they have substantial fiscal costs that lead to higher taxes or debt; encourage inefficient allocation of the nation’s resources that may hinder development, and condone pollution by contributing…
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ASYMMETRIC JURISDICTION CLAUSE VIS-À-VIS DISPUTE RESOLUTION IN UK: WHAT IN 2022 IN AFTERMATH OF BREXIT
Arushi Bhagotra, National Law Institute University, Bhopal. DATE OF PUBLICATION-5/9/2023 Background In an asymmetric jurisdiction, the parties submit to the jurisdiction of one or more designated courts, but some parties’ submissions are exclusive while others are not. Therefore, provisions of an asymmetric jurisdiction clause (“AJC”) might be interpreted as either granting a certain Court exclusive…
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ICC’S ARREST WARRANT WARRANT FOR VLADIMIR PUTIN: WHAT IT MEANS FOR THE INTERNATIONAL COMMUNITY AND INDIA
Kovida Bhardwaj, NLU Jodhpur DATE OF PUBLICATION-6/27/2023 An arrest warrant by the International Criminal Court [“ICC”] against Russian President Vladimir Putin is ostensibly a very imperative news amidst the many shocking events that have taken place over the course of the past year. It is certainly true that serious war crimes were being committed, when…
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Status of IP Laws in the UK Post-Brexit: A Changed Legal Landscape
This article is authored by Unnati Sinha, a Third Year Student of Law at Narsee Monjee Institute of Management Studies. DATE OF PUBLICATION-11/22/2022 IntroductionOn January 31, 2020, the United Kingdom (UK) left the European Union (EU). EU-UK Withdrawal Agreement ended on December 31, 2020 and the existing EU treaties, freedom of movement within the EU…
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Finally Placing Accountability: Hybrid Court Being Set Up in South Sudan – Part I
This article is authored by Ahan Gadkari, a Final Year Student of Law at Jindal Global Law School. DATE OF PUBLICATION-1/11/2023 Introduction After seven years of violence and multiple failed attempts to prosecute those responsible for injustice, on January 29, 2021, the government of South Sudan approved the establishment, in cooperation with the African Union,…
