Transnational Justice Matters: An ICC Overview

By Rakesh Roshan*

On 1st July 2017, the International Criminal Court completed 15 years. While there are 24 cases that have been brought before the Court, it has only managed to convict 4 individuals in all these years, but it is hoped that it carries to deliver universal justice in an unprecedented manner.

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Source: About ICC

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Interview: João Ribeiro, Head, Regional Centre for Asia and the Pacific, United Nations Commission on International Trade Law (UNCITRAL)

Mr. João Ribeiro serves as the Head of Regional Centre for Asia and the Pacific, United Nations Commission on International Trade Law (UNCITRAL), Incheon, Republic of Korea. He leads the Centre’s efforts in providing advice to Governments in Asia-Pacific region on the development of long-term strategies for the promotion of the harmonisation and of the modernisation of international trade law.

The views expressed herein are his own and do not necessarily reflect the views of the United Nations.Read More »

Analysing the Legality of India’s ‘Surgical Strike’ under International Law

by Sujoy Sur

What happened?

India took military action at eight terrorist launch-pads across the LOC in Pakistan Occupied Kashmir (POK). India chose to tag the attack as a ‘surgical strike’, thus, implying the remedial nature of its action. It is to be noted that India in its official announcement did not deem it to be an act in retaliation to the Uri attacks but a military measure against the increasing incursions by non-state actors in the territory of India.

Image Courtesy: Indian Express

To look at the act from a layman’s point of view in light of prevalent international notions of territorial sovereignty, war, and military action, it seems to be a deliberate attempt of entering the territory of another state and carrying out targeted killings. Now that Pakistan has not owned up to it, that is, it has blatantly denied that any such measure was taken by the Indian army, it has reduced the measure to a general ceasefire violation, which is not uncommon in the region. Also, it means that the repercussions bilaterally will not be unforeseeable or grave. But, since top Indian officials have endorsed the act it comes under the purview of state practice under international law from India’s end. This calls for a pertinent question, whether India’s surgical strike was legal under international law?Read More »

India’s Federalism and Investment Arbitration

By Sarthak Malhotra

A key area of exposition both in Public International Law and Investment Arbitration is what constitutes an ‘act of state’.( ‘State Responsibility and Attribution’ in Schreuer,. and Dolzer, Principles of international investment law (2008), 195-205) The Draft Articles on State Responsibility has been a ground-breaking work in codifying the rules of attribution of responsibility to the states. A related issue in this regard is the attribution of liability to a State in cases of breach of its treaty obligations by its political sub-divisions.Read More »

Interview: Prof. Tanja-Masson Zwaan, Deputy Director, International Institute of Air and Space Law, Leiden University

Prof. Tanja Masson-Zwaan is Assistant Professor and Deputy Director of the International Institute of Air and Space Law at Leiden University. Tanja has specialised in the field of air and space law since 25 years. She is the President of the International Institute of Space Law since 2007 and has published papers on a variety of topics over the years.  In August 2012, she was appointed by the Dutch Government as an Arbitrator with the Permanent Court of Arbitration in The Hague in the framework of the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities.Read More »

IATA Conditions of Contract and Carriage (Passengers And Baggage): A Constant Tussle between Regulatory Authorities and Airlines

 By Rishiraj Baruah *

  1. Introduction

International Air Transport Association (IATA) is a private international organization; whose members are airlines, specifically composed of the scheduled airlines of the world.[1] While, it is a private corporate body incorporated according to Canadian Law with its headquarters in Montreal, it performs functions which are ‘quasi- public’ in nature.[2] It is termed as quasi-public because half of its members are either State-owned airlines or are de facto controlled by States which logically, means that mostly members are either controlled or supervised by their respective states and conduct operations according to the will of their governments.[3]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?

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 »