Volume III
Type | Title | Author Name | Click to Read |
|---|---|---|---|
Long Article | Deducing an Investor's Expectation in International Investment Law | Ahan Gadkari | Read Here |
Long Article | Legal Conflict Encounters within Private Law and Justice Mechanism | Kelly Ngyah | Read Here |
Long Article | Kurdish Cry for Help: Demystifying Separatist Movements and their Consequences | Mohammad Anas & Pooja Nayak | Read Here |
Short Article | An Analysis of the Riparian Rights of States and the Environmental Repercussions of the Construction of the Yarlung Tsangpo Dam in Tibet | Shambhavi Sharma & Akshay Krishna | Read Here |
Short Article | Feasibility of a Global Wealth Tax in an International Tax Regime | Chetan R | Read Here |
Legislative Commentary | National Security: An Evaluation from the Prism of Russia - Measures Concerning Tariff in Transit Case | Saniya Khanna | Read Here |
Legislative Commentary | Opuz Turkey Case Analysis | Rajdeep Battacharjee | Read Here |
Legislative Commentary | Understanding Extraterritoriality of Espionage Act: Julian Assange Case Note | Sasmit Powale | Read Here |
Article 1
Title:
Deducing an Investor's FET Expectation in International Investment Law
Author:
Ahan Gadkari
Recommended Citation:
Ahan Gadkari, Deducing an Investor's FET Expectation in International Investment Law, 3 GLC-SPIL INT'L L.J. 1 (2023)
URL:
https://www.spilmumbai.org/ilj/archives/vol-iii#1
DOI:
Abstract:
The ‘fair and equal treatment’ provision is prevalent in the great majority of bilateral investment agreements. In recent years, the FET standard has been the subject of several significant research. The idea of justifiable expectations has a limited relationship to the occurrence of regulatory changes enacted by governments that may harm foreign investment. Scholars are becoming more interested in this subject. The debate remains as to whether the notion achieves a fair balance between the interests at issue in investment treaty arbitration, or does it offer an unfair advantage for one side over the other? After more than 10 years of intense usage, do we truly understand what the theory of “legitimate expectations” stands for and what it aims to accomplish? These conventional risks give investors’ interests disproportionate weight at the expense of public interests and a State’s regulatory authority. In addition, while considering whether expectations are “fair,” the level of development of the host country must be considered with additional care. This article examines the origins and history of the word “legitimate expectations,” analyses how it has been employed by arbitral tribunals deciding investment claims over the last ten to fifteen years and defines “Legitimate Expectations.”
Article 2
Title:
Legal Conflict Encounters within Private Law and Justice Mechanism
Author:
Kelly Ngyah
Recommended Citation:
Kelly Ngyah, Legal Encounters Within Private Law and Justice Mechanism, 3 GLC-SPIL INT'L L. J. 23 (2023).
URL:
https://spilmumbai.org/ilj/archives/vol-iii#2
DOI:
Abstract:
Due to obvious conceptualised legalist impasses between incongruent national judicial systems and instituted international cooperation stances for managing the ‘conflict of laws’, sovereignt opportunism of national judicial positions with regards to issues of private international law noticeably play a preponderant role against the ethical will of international justice. Should the international justice system therefore scrounge from the national justice opportunism? Using existing instances, analyses are made, progress acknowledged with regards to the advisory positions for nations to international law and justice issues arising from the premise of ‘conflicts of laws’ and the dangers of their incomplete or inconsistent framework highlighted as they are. The problematic therefore seeks solutions for sufficient and independent conventional initiatives that should effectively address justice issues within the international private law milieu.
Article 3
Title:
Kurdish Cry for Help: Demystifying Separatist Movements and their Consequences
Author:
Mohammad Anas; and
Pooja Nayak
Recommended Citation:
Mohammad Anas & Pooja Nayak, Kurdish Cry for Help: Demistifying Separatist Movements and their Consequences, 3 GLC-SPIL INT'L L. J. 49 (2023).
URL:
https://spilmumbai.org/ilj/archives/vol-iii#3
DOI:
Abstract:
The Kurdish people, a prominent Muslim ethnic group, face significant challenges due to political and cultural repression in the countries where they live. Despite sharing a distinct racial and cultural identity and being among the earliest inhabitants of the Mesopotamian plains and highlands, they have not yet established a sovereign nation-state. This is a common theme among many separatist movements around the world, with around 20 existing today, most of them in Asia and Europe, and seven or more of them being violent and reflecting racial or religious divisions. Understanding the complexities of separatism and the various tactics employed by these groups is essential to comprehend the Kurdish issue and its future. By identifying and understanding the underlying causes that contribute to the escalation of separatist movements into violent conflict, both separatist organizations and central governments can develop effective strategies to mitigate the worst consequences of separatism and prevent armed conflict. This Paper aims to shed light on why separatist movements turn violent, what are their types, and how the Kurdish issue is not getting international attention. Through interview and comparative studies, this paper highlights the Kurd issue at hand
explaining the legislation governing the same.
Article 4
Title:
An Analysis of the Riparian Rights of States and the Environmental Repercussions of the Construction of the Yarlung Tsangpo Dam in Tibet
Author:
Shambhavi Sharma; and
Akshay Krishna
Recommended Citation:
Shambhavi Sharma & Akshay Krishna, An Analysis of the Riparian of States and the Environmental Repercussion of the Construction of the Yarling Tsangpo Dam in Tibet, 3 GLC-SPIL INT'L L. J. 82 (2023)
URL:
https://spilmumbai.org/ilj/archives/vol-iii#4
DOI:
Abstract:
The Brahmaputra River commonly known as Yarlung Tspango in Tibet is one of the largest rivers globally and has immense cultural, social, and economic relevance in the countries through which it flows. China has long been vocal about its plan to construct a dam on this river. However, as the Tibet Plateau is an extremely eco-fragile zone, any construction over the river will have grave environmental repercussions and might cause irreparable damage to the ecosystem. Further, the river plays a pivotal role in the regional economy. In addition to being a major source of water for both India and Tibet, the river has immense socio-cultural and religious significance attached to it in both countries. This paper analyses the socio-cultural and economic significance of the river in the region and scrutinizes the effect that the construction of this dam will have on the ecology and the society of Tibet and North East India.
The Yarlung Tspango Dam would further strengthen China’s geo-political presence in the region and the absence of any formal treaty over the distribution and co-operation of the river water further complicates the situation. This paper examines the future of Indo- China relationship in light of the construction of this dam. Lastly, the article proposes certain mitigation strategies and emphasizes the need for an international treaty between the countries to preserve the ecosystem and secure Indian interests.
Article 5
Title:
Feasbility of a Global Wealth Tax in an International Tax Regime
Author:
Chetan R
Recommended Citation:
Chetan R, Feasibility of a Global Wealth Tax in an International tax Regime, 3 GLC-SPIL INT'L L. J. 99 (2023).
URL:
https://spilmumbai.org/ilj/archives/vol-iii#5
DOI:
Abstract:
There has been an alarming increase in the wealth gap between the rich and the poor throughout the world. This has only been exacerbated after the pandemic due to which not only individuals but also states have been bearing the burden of wealth inequality and subsequent loss of taxes due to capital flight to tax havens. Although any such international step for regulating global wealth can be challenged, there exist considerable convincing grounds through economic, political, and social perspectives, to justify the requirement of such an international system. Further, one of the biggest objections to such a concept is the challenge it poses to the sovereignty of the States. The traditional notions of sovereignty, such as Westphalian sovereignty, maybe going against this global wealth tax system. However, with the newer understanding of sovereignty in the light of globalization and increased international cooperation, responsibility-based sovereignty would actually be promoted due to such a system. The resulting global wealth tax needs to be modeled such that it is based on the already existent Customary International Law (“CIL”) in international tax law. This model should also keep in mind the concerns and representations of third-world countries to include their perspectives on vouching for tax havens. A compromise on both sides leading to a staggered global wealth tax system, with such TWAIL countries having a lower wealth tax rate than other developed/developing countries would be the most effective system with all concerns being considered and at the same time, the present problems of wealth inequality being addressed.
Article 6
Title:
National Security: An Evaluation from the Prism of Russia - Measures Concerning Tariff in Transit Case
Author:
Saniya Khanna
Recommended Citation:
Saniya Khanna, National Security: An Evaluation from the Prism of Russia - Measures Concerning Tariff in Transit Case, 3 GLC-SPIL INT'L L. J. 114 (2023).
URL:
https://spilmumbai.org/ilj/archives/vol-iii#6
DOI:
Abstract:
Geopolitics has always had an impact on international relations and politics and the case of 2019, Russia- measures concerning tariff in transit, an example of the same, dwells on the relation of trade with national interest and sovereignty and becomes of immense importance today. As in the contemporary times, the ongoing Russia-Ukraine armed conflict by virtue of the above-mentioned Panel report of 2019 gives a clean chit to the Federation to cause economic hardships to the Ukrainian economy by imposing “security interests” restrictions which can cause a spillover-domino effect for many other nation states as well thereby frustrating the very intent of the regime. The case note of the panel report seeks to evaluate how the panel report acts to circumscribe the realist intent of ‘national interest’ in the political actions of nation-states by applying the objective analysis to ‘security interest’ in light of Article XXI of the General Agreement on Trade and Tariff.
Article 7
Title:
Opuz Turkey Case Analysis
Author:
Rajdeep Bhattacharjee
Recommended Citation:
Rajdeep Bhattacharjee, Opuz Turkey Case Analysis, 3 GLC-SPIL INT'L L. J. 123 (2023).
URL:
https://spilmumbai.org/ilj/archives/vol-iii#7
DOI:
Abstract:
The European Court of Human Rights in the case of Opuz v Turkey 2009 ruled that Turkey violates its duty to protect women from domestic abuse on June 9, 2009, in a landmark judgment. The court also declared for the first time that gender-based violence constituted a form of discrimination under the European Convention. This case deals with the violation of Articles 2, 3, 6, 13, and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms and it was ruled that women were not protected against domestic violence under Turkish domestic law. This was the first instance in which a court acknowledged that a state's inability to act against domestic violence constituted a violation of the Convention.
Article 8
Title:
Understanding Extraterritoriality of Espionage Act: Julian Assange Case Note
Author:
Sasmit Powale
Recommended Citation:
Sasmit Powale, Understanding Extraterritoriality of Espionage Act: Julian Assange Case Note, 3 GLC-SPIL INT'L L. J. 131 (2023).
URL:
https://spilmumbai.org/ilj/archives/vol-iii#8
DOI:
Abstract:
The Espionage Act of 1917 gives power to the U.S. Federal Government to punish anyone who participates in any act such as speaking, transmitting, obtaining, or publishing any material that the U.S. Government deems to be of paramount secrecy and therefore whose unauthorized “leak”, would harm the nation’s interests or help a foreign enemy. Recently, the people charged under the Act are Edward Snowden, a former NSA (National Security Agency) Analyst who blew a whistle on the US Government’s massive global surveillance project, and the 45th President of the United States, Donald J. Trump. However, the act took a dangerous turn in 2019 when the US Government charged Jullian Assange, the Australian editor of the internet whistleblowing website Wikileaks. Jullian Assange is neither a US citizen nor his operations are based out of US territory. Assange is an independent crowd-sourced publisher of government secrets and documents which help reveal the backchannel dealings of megacorporations, politicians, and military operations. The leaks published by the site are used by journalists worldwide, and especially by post-colonial nations, to piece together a narrative of power that threatens to take away the fundamental rights of ordinary people. The essay takes a look at the constitutional validity and the implications of such a wide extra-territorial jurisdiction which dares to include in its ambit any person who is found accessing or in possession of any material that the U.S. government says is harmful to its interest.