The persistent dissenter in international law: reading Professor SornarajahIndian Journal of International Law - Tập 56 - Trang 349-378 - 2017
Francesco Montanaro
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
Reforming the investor-state dispute settlement mechanism and the host state’s right to regulate: a critical assessmentIndian Journal of International Law - Tập 59 - Trang 173-208 - 2020
Tanaya Thakur
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
The grey areas in the Bay of BengalIndian Journal of International Law - Tập 56 Số 1 - Trang 41-58 - 2016
Magnússon, Bjarni Már
This article addresses the grey areas in the Bay of Bengal, unique judge-made maritime zones that involve considerations concerning the continental shelf beyond 200 nautical miles. Such grey areas will arise whenever the entitlements of two States to the continental shelf extend beyond 200 nautical miles and relevant circumstances call for a boundary somewhere other than the equidistance line, at ...... hiện toàn bộ
Non-state actors and self-defence: a relook at the UN Charter Article 51Indian Journal of International Law - Tập 56 - Trang 127-171 - 2017
Pemmaraju Sreenivasa Rao
The UN Charter Article 51 provides for the inherent right of self-defence against any use of force as an exception, which is otherwise prohibited under Article 2(4). Exercise of right of self-defence is however subject to customary law requirements of necessity and proportionality. It is considered operative only until and otherwise subject to any ‘action’ the UN Security Council is empowered to t...... hiện toàn bộ
Implementing carbon tax: from rhetoric to realityIndian Journal of International Law - Tập 59 - Trang 139-171 - 2020
James J. Nedumpara, Shiny Pradeep
Climate change and rising greenhouse gas emissions are the greatest concerns facing humankind today. The year 2019 was a particularly bad year for Planet Earth. The exceptional rise in atmospheric temperatures and raging heat, led to unprecedented and prolonged wildfires–the amazon rainforest fire, the Australian bushfire and a series of wildfires in the Arctic region. Recognising the urgency, the...... hiện toàn bộ
Liability of international organisations for illegal, unreported and unregulated fishingIndian Journal of International Law - Tập 55 - Trang 161-176 - 2015
Helmut Tuerk
The paper discusses the Advisory Opinion of the ITLOS delivered on April 2, 2015. It evaluates the general question of the liability of international organisations for illegal, unreported and unregulated fishing in exclusive economic zones of third States under fisheries access agreements. The paper concludes that an international organisation, here the EU, is subject to the same legal regime as t...... hiện toàn bộ