Copyrighting Conventions – The Curious Case of the International Maritime Organization

By Atharva Sontakke

Opening of the Conference on the Law of Treaties, Hofburg Palace, Vienna, Austria
Opening of the Conference on the Law of Treaties, Hofburg Palace, Vienna, Austria

Introduction

It is a well established principle of copyright law world over that laws or texts of legislations cannot be copyrighted. There are basically two reasons for this: firstly, for copyright to subsist in a work there must be a minimum modicum of creative expression in the work and secondly, copyrighting laws would defeat the whole purpose of enacting them and resultantly would become an impediment in enforcing them. The same principle when transposed to the international arena still holds good. Read More »

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Validity of the Yukos Award: Agreeable scope of Involvement of an Arbitral Secretary

By Shivansh Jolly

On 18th of July, 2014, a historical award in international investment arbitration was passed by the Permanent Court of Arbitration, commonly known as the “Yukos Arbitration”, in the case of Hulley Enterprises Ltd. (Cyprus) v The Russian Federation. The Tribunal comprised of arbitrators L. Yves Fortier (Chairman), Dr. Charles Poncet, and Judge Stephen M. Schwebel. The award went down in the books of unprecedented events for granting, by far, the largest sum of damages ever allowed in the field of investment arbitration, i.e., to the tune of 50 billion USD.Read More »

Analyzing the issue of Immigration along the India-Bangladesh Border

By Pranaav Gupta

Introduction

The Indian subcontinent shares a land border with Bangladesh, exceeding over 4000 kilometers, making the border with Bangladesh the longest amongst all the neighboring countries.  The border is for most parts largely unfenced and porous making it easy for undocumented migrants to easily pass through the two countries. Ever since the creation of East Pakistan and subsequently Bangladesh after the historic war of 1971, Bangladeshi nationals have been attracted by the allure that the Indian state provides. This has led to a constant influx of immigrants from Bangladesh to India. While initially, India did manage to absorb most of these nationals and provide them with citizenship, their growing numbers has a posed a steady challenge to India.

The influx of these immigrants brings to the fore a number of practical challenges and difficulties for India. The ethnic clashes in the North East between the local Bodo population and the immigrants a majority of whom are Muslim, the demand for citizenship rights of new immigrants, etc. are compounded by the inability of India to put in place an effective mechanism for deportation of the incoming immigrants.Read More »

The Syrian Refugee Crisis and the Hegelian Right of Recognition (or the anti-pseudo Hobbes-Locke-Rousseauian Right for Survival).

by Sujoy Sur

The international community was appalled when the photograph of a young Syrian boy, a refugee, whose boat had capsized in the process of migration from Syria across the Aegean sea, flooded the internet showing his dead body upside down on a beach of a Turkish Resort. The whole episode epitomizes the tragedy of the international system. War torn middle east battling violent demons resurrected by the ashes of the bridges and the houses burnt by the west is an online story which attracts quite an interest by dilettante netizens who empathise with the refugee crisis which they were not aware of till yesterday, or even if they were they did not notice it because the crisis did not have a face in the form of a young boy’s dead body.

Credits: IBTimesRead More »