Volume IV
Type | Title | Author Name | Click to Read |
|---|---|---|---|
Short Article | Gender Parity in Diplomacy: An Exploration of Women's Participation in Arms Control Negotiations | Aaditya Bajpai & Shreya Bajpai | Read Here |
Short Article | Socially Responsible Investing and Climate Financing: In Role in Addressing Environmental Concerns | Kanika Arora | Read Here |
Short Article | Choice of Law in Torts: A Comparative Approach | Madhusudan Ghanshyam Yadav | Read Here |
Short Article | Refugee Protection in Fragmented World: International Law and Humanitarian Crises | Anuradha Das | Read Here |
Long Article | A Triangular Approach: Dissecting the Burmese Spring Revolution with International Legal Theories | Dravin Mahajan | Read Here |
Long Article | Colliding Responsibilites: An Analysis of Liability in International Space Law | Keerthi Kasturi & Srinidhi S | Read Here |
Long Article | The Jurisdprudence of Sanctions under International Law: The Case of Russia | Maitreyi Choalla & Mansi Subramniam | Read Here |
Article 1
Title:
Gender Parity in Diplomacy: An Exploration of Women's Participation in Arms Control Negotiations
Author:
Aaditya Bajpai; and
Shreya Bajpai
Recommended Citation:
Aaditya Bajpai & Shreya Bajpai, Gender Parity in Diplomacy: An Exploration of Women's Participation in Arms Control Negotiations, 4 GLC-SPIL INT'L L.J. 1 (2024)
URL:
https://www.spilmumbai.org/ilj/archives/vol-iv#1
DOI:
Abstract:
Women’s representation in arms control, non-proliferation, and disarmament diplomacy is drastically constrained due to the preponderance of patriarchal standards and perceptions in the subject matter. Despite the many advancements and socially elevated assertions with respect to the participation of women in such proceedings, women’s participation in such proceedings is severely limited. When seen from a gendered standpoint, the repercussions of arms control and disarmament on a multitude of demographics may be easier to comprehend than done otherwise. The resolution of disputes, rather than just accepting them as a fact of life, is the path that must be taken if there is to be peace in the world today. It is not possible to go backwards from where we are now in terms of nuclear weapons and armaments. Therefore, rigorous standards for nuclear regulation is the need of the hour, and it is imperative that this regulation be developed effectively using a gendered lens. As also contended by Heather Hurlburt that the likelihood of a strategy being efficacious increase when it is developed through a forum that fosters involvement from a wide range of interested parties, thus placing an emphasis on diversity in decision making.
Article 2
Title:
Socially Responsible Investing and Climate Financing: Its Role in Addressing Environmental Concerns
Author:
Kanika Arora
Recommended Citation:
Kanika Arora, Socially Responsible Investing and Climate Financing: Its Role in Addressing Environmental Concerns, 4 GLC-SPIL INT'L L. J. 17 (2024).
URL:
https://spilmumbai.org/ilj/archives/vol-iv#2
DOI:
Abstract:
A critical feature of the current legal and policy regime to address global warming is the concept of “climate finance”. However, the idea has not been used or acknowledged sufficiently to the movement of socially responsible investment. SRI’s potential contribution to addressing climate change problems is limited currently due to the inadequate government frameworks and an everabandonment of ethical agendas by the financial markets. Nevertheless, the question is how the financial markets can contribute to environmental protection goals? There is a rising urgency in the international scenario to combat environmental issues, and the financial sector is an essential stakeholder in this scenario. However, until recently, another critical part of financial markets has been somewhat overlooked, and that is the movement for socially responsible investment. Rather than limiting financial institutions to mere transactional agents in climate finance, SRI envisions a much more active and enlightened role for them. If successful, SRI can overcome the limitations and gaps in official climate regulation by pushing for early corporate action to reduce GHG emissions. However, SRI is not a textbook manual for social responsibility but rather a fluid discourse open to diverse interpretations and practices. One of the most complex and expensive problems humanity has to address is environmental changes and protection. incorporating environmental factors into investment decision-making. Theoretically, SRI’s long-standing movement suggests that the financial sector can play a more significant role in environmental protection issues. The movement began from single-issue activism, where the ethical investors ignored the companies which had ties to activities that were deemed to be immoral. However, from the 1960s, the SRI movement broadens its scope to cover broader agendas, such as human rights, focusing on the Vietnam war and the apartheid in South Africa. Since the 1980s and late 1990s, The SRI movement had also started taking up environmental issues. The aim of this chapter would be to understand the relationship between SRI and environmental concerns as are in the ESG model, the concept of climate finance and how SRI seeks to improve corporate social and environmental behaviour beyond what is required by the law.
Article 3
Title:
Choice of Law in Torts: A Comparative Approach
Author:
Madhusudan Ghanshyam Yadav
Recommended Citation:
Madhusudan Ghanshyam Yadav, Choice of Law in Torts: A Comparative Approach, 4 GLC-SPIL INT'L L. J. 35 (2024).
URL:
https://spilmumbai.org/ilj/archives/vol-iv#3
DOI:
Abstract:
The rise of Globalization has led to the development of various International Law concepts, including legal principles relating to transactions and events that occur across jurisdictions. Choice of law has been a deciding factor in the adjudication process for many different laws, in particular, Torts. Foreign Torts has developed on two prevalent legal principles of lex fori and lex loci delicti. The question that further arises after analyzing these principles is which is the most favourable to their larger goal of providing justice. This legal essay attempts to delve into these principles, and their application across jurisdictions and then tries to answer a further question of whether the shift that can be observed across jurisdictions from lex fori to lex loci delicti serves the purpose of the shift to providing flexibility to the courts to provide justice in the larger context.
Article 4
Title:
Refugee Protection in Fragmented World: International Law and Humanitarian Crises
Author:
Anuradha Das
Recommended Citation:
Anuradha Das, Refugee Protection in Fragmented World: International Law and Humanitarian Crises, 4 GLC-SPIL INT'L L. J. 49 (2024)
URL:
https://spilmumbai.org/ilj/archives/vol-iv#4
DOI:
Abstract:
The problem of refugees is a new phenomenon, which has aroused the concern of all countries of the world. Today, we live in a world that is at once globalized and disunited. The abstract sheds the complex web of interaction between international law and humanitarian crises, especially as related to the obstacles and remedial measures to protect the rights and dignity of displaced peoples. An essay would investigate the constantly changing refugee protection scenery by looking at factors such as political tensions, ongoing armed conflicts, and climate disasters that trigger people to move across borders. The research, which is based on a multidisciplinary approach, addresses the part of international legal frameworks in the fulfilment of an imperative need of the refugees in an environment of political polarization and unstable power balance. It examines essential instruments such as the 1951 Refugee Convention and its 1967 Protocol, regional agreements, and customary international law, to establish whether they have been cognizant and cohesive enough to safeguard all refugees adequately in different contexts. This paper considers the part of the humanitarian actors, such as intergovernmental organizations, non-governmental organizations, and host communities, in this legal vacuum as well as in providing essential services like protection to the populations displaced.
Article 5
Title:
A Triangular Approach: Dissecting the Burmese Spring Revolution with International Legal Theories
Author:
Dravin Mahajan
Recommended Citation:
Dravin Mahajan, A Triangular Approach: Dissecting the Burmese Spring Revolution with International legal Theories, 4 GLC-SPIL INT'L L. J. 67 (2024).
URL:
https://spilmumbai.org/ilj/archives/vol-iv#5
DOI:
Abstract:
This research paper delves into Myanmar's (erstwhile Burma) civil war, through the complicated and elaborate perspective of International Legal Theory. As such, the paper contends that the interaction and collaboration of Rational Choice and Game Theory, Third World Approaches to International Law (TWAIL), and Natural Law not only explain but further enlighten us about what could be the roots of the conflict, hence further determining its progress. This paper posits that long-standing systemic inequality, as brought to the fore by TWAIL, when linked with the calculated strategic interaction of Rational Choice and Game Theory, along with the disorderly conduct of the citizenry bred by Natural Law, provides for a potent triad that exacerbates and hastens the country's discord. Through dissecting these theoretical nuances, this research transcends its mere analytic position to provide a comprehensive underpinning of the forces—though silent, yet crucial—in the conflict. It further attempts to close the gap that largely exists between theoretical discourses and practical resolution in conflict-prone societies through the suggestion of actionable solutions aimed at righting the core issues fueling the unrest. This study hence attempts to do justice to the Myanmar civil war by contributing information on international legal theory.
Article 6
Title:
Colliding Responsibilities: An Analysis of Libaility in International Space Law
Author:
Keerthi Kasturi; and
Srinidhi S
Recommended Citation:
Keerthi Kasturi & Srinidhi S, An Analysis of Liability in International Space Law, 4 GLC-SPIL INT'L L. J. 99 (2024).
URL:
https://spilmumbai.org/ilj/archives/vol-iv#6
DOI:
Abstract:
The exploration and use of outer space have necessitated a robust legal framework to ensure peaceful and responsible activities. This paper explores the evolution of international space law, focusing on the key treaties governing liability issues. The paper aims to analyse the current state of space law, particularly regarding liability for damage caused by space activities, and identify potential areas for improvement. The paper examines relevant treaties, conventions, and legal principles, including the Outer Space Treaty, the Liability Convention, and various UN declarations. The paper highlights the key concepts of space objects, launching states, and collisions, emphasizing the importance of clear definitions for accountability. It delves into the concept of liability in international law, focusing on state responsibility and fault-based liability, and analyses the provisions of the Liability Convention. While the convention provides a valuable framework, limitations exist, such as the need to address the role of private actors and the growing problem of space debris. International space law has made significant strides in establishing a framework for peaceful space exploration, but continuous adaptation is crucial to keep pace with the evolving space industry.
Article 7
Title:
The Jurisprudence of Sanctions under International Law: The Case of Russia
Author:
Maitreyi Choalla; and
Mansi Subramaniam
Recommended Citation:
Maitreyi Choalla & Mansi Subramniam, The Jurisprudence of Sanctions under International Law: The Case of Russia, 4 GLC-SPIL INT'L L. J. 121 (2024).
URL:
https://spilmumbai.org/ilj/archives/vol-iv#7
DOI:
Abstract:
In the name of sanctions under international law, a State can demonstrate its displeasure with any other State’s activities. The paper therefore aims to study sanction theory and its jurisprudence in the current scenario and seeks to determine the validity and efficacy of sanctions like those on Russia in international law. An extensive examination of interpretations of the sanction theory as provided by distinguished jurists, legal commentary, international statutes and cases is presented using a doctrinal research method. It is recognised that the premise of the positivists on legal sanctions and their effectiveness in the real world have been substantially read down with the development of international law. The paper concludes that the sanction theory cannot be negated in international law, solely due to some sanctions being not so efficacious or because international legal obligations are breached.