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What does it mean to be a victim in Latin America under the international legal framework of human rights
Authored by Iván Luzardo Ruiz-Attorney (Universidad de la República, Uruguay), LL.M Law and Human Rights (Birkbeck College, University of London, United Kingdom) Introduction The legal sources are various and have different functions, with some categorised as “communicative” due to their role in conveying information to society. In the current global context, we permanently face gross…
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The Changing Landscape of Functional Immunity: Germany’s Role in Shaping Customary International Law
Authored by Ansh Priy Srivastava, second year student at Chanakya National Law University, Patna The International Law Commission has reached a pivotal phase during its evaluation of state officials’ immunity from foreign criminal jurisdiction. The ILC begins its focus on draft article 7, which details functional immunity exclusions for international crimes following the second reading…
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Transformation of State Sovereignty in the Age of Cyberspace
Authored by Shrishti Sharma currently pursuing her LLM from Symbiosis Law School, Pune “History shows that, more often than not, loss of sovereignty leads to liberalization imposed in the interests of the powerful.” Noam Chomsky Introduction The evolution of humankind led the world towards a more authoritative society. The fundamental of co-existence lies in the…
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The Legitimacy of International Intervention in the 2020 Tigray Conflict in Ethiopia: A Grotian Natural Law Perspective
Authored by Virendra Pratap Singh Rathod, B.A. LL.B (Hons.), Fourth Year at the University of Petroleum and Energy Studies, Dehradun Introduction In his 1948 novel, “Intruder in the Dust,“ American novelist William Faulkner memorably wrote:“War began the first time some man looked at another with a sword in his hand and thought he could do…
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Section 6A of the Indian Citizenship Act: A Balancing Act Between National Sovereignty and International Human Rights Obligations
Authored by Albina Jordy, who is currently pursuing an LLM in International Migration and Refugee Law and Policy at the National University of Galway, Ireland. Introduction The Citizenship Act, 1955, is one of the key legislations in India that guides in governing the citizenship and nationality of individuals within the territory. After the Assam Accord…
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Harmonising Ethics and governance: Can Ancient Teachings Shape Modern Corporate Responsibility?
Authored by Shatakshi Dwivedi, Third Year B.A. LL.B. (Hons.) student at Symbiosis Law School, Noida A New Dawn: Ethics and Governance in the Global Arena For thousands of years, ethics broadly defined as the principles guiding human beviour and decision making in society, has functioned as an essential base of social operations through its ability…
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Custodial Torture in India: The Urgent Need to Align Domestic Laws with Global Standards
Authored by Aashka Vyas, 5th year student at Jindal Global Law School Introduction In India, custodial torture remains a significant issue, as it is not explicitly defined in existing laws. Due to this lack of definition, the police often resort to third-degree methods to extract confessions or gather evidence from undertrials and prisoners. While Article…
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NOT SO JUST WAR: A SCRUTINY OF MORAL BOUNDARIES IN THE ISRAEL-GAZA CONFLICT
Authored by Shailraj Jhalnia, Second year student at the National Law School of India University Introduction Jus ad bellum is the body of principles that govern whether it is justified to go to war in the first place, having the necessity principle. Jus in bello, or law in war, regulates behaviour during the war, focusing…
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Reimagining The SASD: Custom Formation And The Global South
Authored by Mohamed Thahir Sulaiman, Second Year student at the National Law School of India University Introduction In its seminal North Sea Continental Shelf case, the International Court of Justice (ICJ) established that the formation of Customary International Law (CIL) requires “state practice, including that of states whose interests are specially affected.” While this principle,…
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Inadequacy of IHL in dealing with potential weaponization of Genetic Engineering Technologies
Authored by Vanisha Mishra, Final year student at the Institute of Law, Nirma University, Ahmedabad Summary In this post, emphasis has been placed on the need to address the threat posed by weaponization of biotechnology in order to put an end to the development of weapons of mass destruction in the pretext of scientific experiments.…
