Indian Journal of International Law
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International health law: an emerging field of public international law
Indian Journal of International Law - Tập 55 - Trang 299-328 - 2016
This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent need for counterbalancing interests such as international trade, global commerce and the welfare inter...... hiện toàn bộ
International Organizations and reservations to treaties: a critical review of the International Law Commission’s work
Indian Journal of International Law - Tập 58 - Trang 399-424 - 2019
Reservations to multilateral treaties by International Organizations (IOs/Organizations) is one area where the distinction between the States and IOs is blurred. The Vienna Convention on the Law of Treaties, 1986 (1986 Vienna Convention) places IOs in a position analogous to that of States by establishing a similar regime for reservations. Besides, the International Law Commission’s Guide to Pract...... hiện toàn bộ
J.H.C. Morris, the proper law doctrine and the law of obligations: A critical appraisal
Indian Journal of International Law - Tập 58 Số 1-2 - Trang 205-212 - 2018
Reforming the investor-state dispute settlement mechanism and the host state’s right to regulate: a critical assessment
Indian Journal of International Law - Tập 59 - Trang 173-208 - 2020
This paper aims at understanding the relationship between the investor-state dispute settlement (ISDS) mechanism and the host states’ right to regulate. Fragmented into over 3300 bilateral investment treaties (BITs), international investment law is being increasingly challenged by states who believe that the regime is imbalanced. This can be seen from the decision of various states to either opt o...... hiện toàn bộ
India and international settlement of disputes
Indian Journal of International Law - - 2016
This study seeks to discern an Indian approach towards settlement of disputes in four distinct stages. The first stage has its genesis with British India becoming part of the League system. The 1929 and 1940 reservations to the Article 36 of the PCIJ by the United Kingdom are extended to India as well which remains unchanged after its independence. The shaping of Indian Constitutional Scheme seeki...... hiện toàn bộ
State responsibility for illegal, unreported and unrelated fishing and sustainable fisheries in the EEZ: some reflections on the ITLOS Advisory Opinion of 2015
Indian Journal of International Law - Tập 55 - Trang 239-264 - 2015
On 2 April 2015, the ITLOS delivered its first-ever Advisory Opinion on a request submitted by the Sub-Regional Fisheries Commission, a regional fisheries organization of seven West African States. The Advisory Opinion has invoked considerable excitement for its elaboration of the concept of ‘due diligence’ obligation in the UNCLOS context and their consideration of the issue of responsibility an...... hiện toàn bộ
Indian practice relating to international law
Indian Journal of International Law - Tập 58 - Trang 489-509 - 2019
The persistent dissenter in international law: reading Professor Sornarajah
Indian Journal of International Law - Tập 56 - Trang 349-378 - 2017
Professor M. Sornarajah is the trailblazer of a critical approach that attempts to square the circle of international law. The Sornarajah school of thought challenges existing doctrines to argue that the regime of international law is biased in favour of investors. Sornarajah’s critical views notably predate the spread of international investment agreements and the multiplication of arbitral award...... hiện toàn bộ
The Jadhav case (2017): India and Pakistan before the International Court of Justice
Indian Journal of International Law - Tập 56 - Trang 379-403 - 2017
This paper examines the Jadhav case filed by India before the ICJ. Kulbhushan Jadhav, an Indian national, was arrested by Pakistan on charges of espionage, sabotage and terrorism. Pakistan denied several requests from India seeking consular access to Jadhav after his arrest preventing it from rendering him necessary assistance. A military court of Pakistan sentenced him to death. Under the circums...... hiện toàn bộ
Anthea Roberts: Is international law international?
Indian Journal of International Law - Tập 58 - Trang 517-520 - 2019
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