Volume II
Type | Title | Author Name | Click to Read |
|---|---|---|---|
Short Article | Privacy in International Law: Where do India and Global South Stand? | Swaroop Nair | Read Here |
Short Article | Atrocities Beyond Imagination: Rethinking War Crimes, Crimes against Humanity and Genocide in the Contemporary World | Ananya Chaudhary | Read Here |
Short Article | Artificial Intelligence in Armed Conflicts: The Case for Data Protection and Privacy | Vishwajeet Deshmukh | Read Here |
Short Article | The Rohingya Cataclysm: Critical Analysis of the Role of International Human Rights Law | Aneesa Firdaus & Ishan Shahi | Read Here |
Long Article | Intellectual Property Rights in the Metaverse - Combating Real Issues in the Virtual World | Nikita Chauhan & Harshima Vijaivergia | Read Here |
Long Article | Analyses on State Sovereignty Hurdles against Private International Law and Justice | Kelly Ngyah | Read Here |
Article 1
Title:
Analyses on State Sovereignty Hurdles against Private International Law and Justice
Author:
Kelly Ngyah
Recommended Citation:
Kelly Ngyah, Analyses on State Sovereignty Hurdles against Private International Law and Justice, 2 GLC-SPIL INT'L L.J. 1 (2022)
URL:
https://www.spilmumbai.org/ilj/archives/vol-ii#1
DOI:
Abstract:
The concept of sovereignty de jure international justice mechanisms, as it is applicable with private international law, raises a problem for justice-rendering wherein, the difficulty of binding a State against its own jurisdictional competencies becomes unavoidable. Through the objective deployment of philosophical discerns within both theoretical and practical knowledge of suggested and experienced data analysis results, as hauled from an empiricist perspective, the conception of State sovereignty is thus demonstrated as the deceptive hurdle on true justicerendering, and States’ acquisition options are presented within the current private international law’s judicial jurisdiction opportunities.
Article 2
Title:
Intellectual Property Rights in the Metaverse - Combating Real Issues in the Virtual World
Author:
Nikita Chauhan; and
Harshima Vijaivergia
Recommended Citation:
Nikita Chauhan & Harshima Vijaivergia, Intellectual Property Rights in the Metaverse - Combating Real Issues in the Virtual World, 2 GLC-SPIL INT'L L. J. 24 (2022).
URL:
https://spilmumbai.org/ilj/archives/vol-ii#2
DOI:
Abstract:
The Metaverse can simply be defined as a 3D universe that exists in the virtual space. While it is still in the developing phase, some games and virtual platforms provide their users with a Metaverse-like experience. The thought that the Metaverse could be the next version of the Internet is a fascinating one, but it also invites certain legal complexities that need to be acknowledged. When we consider intellectual property rights, it is safe to assume that they will play a vital role within the Metaverse, since user-generated content will be an essential part of it. Companies filing for trademarks of virtual goods and services already show how significant the development of the Metaverse will be. And here come some nagging questions- What legal mechanisms will be put to use to safeguard the IP rights inside the Metaverse? Will the existing framework suffice? How will the law be implemented in a platform that has no geographical bounds? This research paper deals extensively with these questions and provides the existing international framework that deals with IPRs, the potential challenges in the future, and ways to combat those challenges.
Article 3
Title:
The Rohingya Cataclysm: Critical Analysis of the role of International Human Rights Law
Author:
Aneesa Firdaus; and
Ishan Shahi
Recommended Citation:
Aneesa Firdaus & Ishan Shahi, The Rohingya Cataclysm: Critical Analysis of the role of International Human Rights Law, 2 GLC-SPIL INT'L L. J. 45 (2022).
URL:
https://spilmumbai.org/ilj/archives/vol-ii#3
DOI:
Abstract:
The International Human Rights Law (IHRL) was made with the objective of securing Human rights for people of all caste, colour, and creed on the planet. Despite the existence of the whole International Human Rights machinery, the mass genocide of the Rohingya Community, one of the biggest human rights violations, happened and is still happening. What is this Rohingya Crisis? Why is the established law unable to tackle this situation? Why was the international machinery not able to stop the crisis from happening in the first place? Even after it happened, why is it unable to provide the victims with justice? Why are the perpetrators still unpunished? Are the IHRL enforcement bodies dedicated to the cause of the Rohingyas or are they derelict about the same? In the light of all these questions, this article analyses how efficient the existing international human rights laws are de facto.
Article 4
Title:
Artificial Intelligence in Armed Conflicts: The Case for Data Protection and Privacy
Author:
Vishwajeet Deshmukh
Recommended Citation:
Vishwajeet Deshmukh, Artificial Intelligence in Armed Conflicts: The Case for Data Protection and Privacy, 2 GLC-SPIL INT'L L. J. 58 (2022)
URL:
https://spilmumbai.org/ilj/archives/vol-ii#4
DOI:
Abstract:
Military operations around the globe are developing new technologies with the assistance of artificial intelligence; the progress is at an unprecedented rate that includes advancements in logistical operations, structural upliftment, censorship, surveillance systems, and automated decision-making in armed conflicts. With the rapid progress, data protection and the right to privacy must be viewed from a central perspective. The functions of artificial military intelligence and their impact on data protection and privacy regulations have not been explored from the regulatory perspective. The amount of data generated by government agencies and their utility from military operations must be structurally viewed through the lens of international humanitarian law and international human rights law. In generating data sets, legal and policy questions arise about the ability, not to mention the government's desire, to adequately protect human rights, democratic rights, personal liberties, and digital freedoms in production. The article addresses the shortcomings of the current mechanism of artificial intelligence in armed conflicts and provides strategies to develop the identified shortcomings from an international legal perspective.
Article 5
Title:
Atrocities beyond Imagination: Rethinking War Crimes, Crimes against Humanity and Genocide in the Contemporary World
Author:
Ananya Chaudhary
Recommended Citation:
Ananya Chaudhary, Atrocities beyond Imagination: Rethinking War Crimes, Crimes against Humanity and Genocide in the Contemporary World, 2 GLC-SPIL INT'L L. J. 68 (2022).
URL:
https://spilmumbai.org/ilj/archives/vol-ii#5
DOI:
Abstract:
Even before the international humanitarian law was codified, war crimes, genocide, torture, rape, human trafficking, crimes against humanity, and other grave international law violations were the order of the day. Such crimes continue to be committed around the world. While recent advances have been made, there are still significant legal and administrative hurdles to overcome before international criminal proceedings can be initiated. Although international courts have prosecuted many cases of mass atrocities in recent years, the current legislation displeases lawyers as well as the general public. It is a common belief that the law’s failure is due to the military powers of the world, which, being caught up in the anarchy of global politics, are forcedto make egocentric calculations based on national interests.
This article highlights the evolution of the conceptual understanding of genocide, war crimes, and crimes against humanity and their nuances in present times. Furthermore, it evaluates the principle of universal jurisdiction and an unprecedented trial for genocide against Yazidis in Germany. More and more countries are enacting legislation that enables them to pursue landmark prosecutions like the one in Frankfurt. The paper also discusses the causes of atrocities and possible solutions for preventing international crimes. In addition, it aims to analyze various conventions, tribunals, and statutes dealing with mass atrocity offences.
Article 6
Title:
Privacy in International Law: Where do India and Global South Stand?
Author:
Swaroop Nair
Recommended Citation:
Swaroop Nair, Privacy in International Law: Where do India and Global South Stand?, 2 GLC-SPIL INT'L L. J. 85 (2022).
URL:
https://spilmumbai.org/ilj/archives/vol-ii#6
DOI:
Abstract:
In December 2021, Russia used its veto power against a resolution in the UNSC linking climate change and security. Now, that does not take the issue completely off the table. However, discussing climate change by expanding upon the Security Council’s mandate of maintenance of international peace and security would be giving the powerful members of the Council the authority to dictate and decide on issues that affect different nations differently; it would essentially be antithetical to the entire purpose of the resolution. The idea here is not to completely dismiss the threat climate change poses to global peace and security; the idea, instead, is to direct the discourse towards realizing the double standards of the West and understanding the layered, disproportionate impacts on Global South when we talk about climate change and security. Hence, in that respect, the paper aims to understand the link between climate change and security by placing the interests of the Global South at the focal point.