Author: shriya05

Washing the Dirty Linen of the “Dallah” in Public? 

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 By Shriya Maini*

Meccas-Grand-Mosque
The dispute arose out of a contract between Dallah Real Estate and Tourism Holding Company, a Saudi Arabian company and the Government of Pakistan to provide housing in Saudi Arabia for Pakistani pilgrims to Mecca.

Divergent decisions of the French[1] and English[2] courts on the Dallah case reiterate that the enforcement of arbitral awards under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Award, 1958 (“NYC”) is not as straightforward in practice as it is in principle. In this essay, I elucidate the law laid down by the two incompatible judgments rendered by two different national courts in the Dallah case and conclude that the French Court’s approach was most satisfactory.Read More »

Permissibility to claim Benefits partly under the DTAA i.e. the Treaty and the Indian Income Tax Act in the same Assessment Year – A Plausible Fallacy?

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By Ms. Shriya Maini*

PREFACE

in-bermuda.jpgThis is one of my earlier writings from law school and hence, it is straight from the heart. I must admit that I was rather hesitant to share this draft for it might at the outset, appear a bit sketchy and rough. However, I have chosen to keep the draft just as it was prepared to not take away from the invaluable analysis and legal research that was contributed by my Nani Palkhiwala mooting teammates and my late grandfather. Perhaps, that’s why this draft is even more special. Diving straight into the technical aspects of this draft, I aim to answer the question: “Can an Assessee opt for the same assessment year to be governed by the provisions of the Act in so far as assessment of one type of income is concerned but by the provisions of the Agreement in so far as another type of income is earned due to the widely worded language of section 90(2) of the Act hauling the language read as – “to the extent that the provisions thereof are more beneficial to the Assessee”? Read More »

The Do’s and Don’ts of Seeking Asylum in the U.K., U.S.A, South Africa and Canada – A complete Procedural Overview

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By Shriya Maini*

(This is a complete guide to the procedure of filing a refugee claim in UK, USA, South Africa and Canada. Read on to learn how to seek asylum or file a refugee claim in these countries.)

  1. how_to_file_a_refugee_claimThis memorandum describes the procedure of filing a refugee claim in the United Kingdom (“UK”) and then compares it to the modus operandi of three other countries namely United States of America (“USA”), The Republic of South Africa (“South Africa”) and Canada. It discusses at length, the entire procedure of making a claim for asylum, right from when the first application is made by the asylum seeker until the grant or refusal of refugee status by the concerned authorities, in order to facilitate effective comparison between the abovementioned jurisdictions.

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Redrafting Genocidal Norms: Requirement versus Ramifications

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By Shriya Maini*

(This post is third in the series by where she writes on contemporary issues of international criminal law and human rights. Read the other posts here)

“More case law on genocide established in the last twenty years than in the previous fifty-five illustrate that this is not a Convention in decline, but rather one in renaissance.”

The crime of genocide was described as the “crime of crimes” by William Schabas, denoting the degree of gravity and outrage to human dignity that is incomparable by other international crimes. The Convention on the Prevention and Punishment of the Crime of Genocide, 1948 (“Convention”) is an iconic, foundational legal treaty that created a powerful word which is more than mere political rhetoric. By its very nature, the Convention is indispensable, since it (at least in spirit and most parts as norms of jus cogens now) plays an integral role in maintaining civility in international law and progressiveness of the society. However, due to its many shortcomings, I believeRead More »

Does International Law Permit Deportation With Assurances?

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By Shriya Maini*

(This post is second in the series by Shriya where she writes on contemporary issues of international criminal law and human rights.)

I discuss the current law on deportation subject to diplomatic assurances, in the backdrop of the judgement of Othman (Abu Qatada) v. the United Kingdom[1] and conclude that though deportation with assurances (“DWA”) are extremely controversial, particularly since they are not legally binding, they are not always insufficient to meet the receiving state’s obligations: if the assurances cover the prohibited activities, relate to a situation over which the assuring state has control, and come from a reliable source then arguably, the receiving States can rely on it. [2]
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Extending the IHL applicable in IACs to NIACs: Re-examining the Tadić and its aftermath

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by Shriya Maini*

(This post is part of a series of posts on contemporary issues of international criminal law and human rights.)

In the decades following the adoption of rights by the Geneva Conventions, there is evidence of an inclination towards the application of the rules and principles regarding International Armed Conflicts (hereinafter “IACs”) to Non International Armed Conflicts (hereinafter “NIACs”). This may be seen in the nascent tendency to either ‘apply, or call for the application of’ IHL in situations of armed conflict, without drawing the distinction as to which ‘type’ of conflict (IAC or NIAC) exists and accordingly, which ‘type’ of law is applicable. Prior to highlighting if, how and why International Tribunals have made the laws of IACs applicable to NIACs, I set out three basic facts to be kept in mind while reading this essay.Read More »