South Asian Journal of International Law

by Internationalism™

Volume 1, Issue 1 (2020)

The South Asian Journal of International Law is a biannual law journal covering international law in a combination of theoretical and practical approaches. It also provides coverage of the relationship between international law and public and private international legal developments in the South Asian region.

 

The team of Internationalism will open the Call for Articles for the biannual journal in the month of August.

The journal publishes 2 issues per year in due frequency.

south asian journal of international law

Important Deadlines

Catch up with important deadlines related to the Journal and its initiatives

May 15, 2020, 2359 hours (GMT+5.30)

Deadline to submit full manuscript for SAJIL

Read Exceptional Articles from the SAJIL Academic Forum

The UN Security Council Debate Over International Residual Mechanism for Criminal Tribunals (2020)

Padmja Mishra, Research Intern, Internationalism. The UN Security Council shall be holding a video-conferencing to decide on the various upcoming agendas that require urgent attention. One of the agendas to be decided is on the resolution extending the operating period of International Residual Mechanism for Criminal Tribunals (IRMCT) as well as the re-appointment of its prosecutor; both of which shall expire on 30 June. IRMCT had been established in 2010 as a small and temporary structure to replace the working of the International Criminal Tribunal for the former Yugoslavia (ICTY) as well as the International Criminal Tribunal of Rwanda (ICTR) subsequent to their respective closures. It ha

Impact of EU-Turkey Deal on the Refugee Crisis

Padmja Mishra, Research Intern, Internationalism. As per a recent estimate by the UN Refugee Agency, approximately 3,62,000 refugees and migrants risked their lives in 2016 while crossing the Mediterranean sea with approx 1,73,450 people arriving in Greece. In the year 2017, 105,000 refugees and migrants entered Europe. This movement en masse takes a toll on human life since many either die or disappear during these movements. The abuse continues even after reaching the shores of safety, from where they are either subjected to abuse or are pushed back across the borders. To solve this problem of refugees and migrants arriving in Greece in large numbers; the European Union (EU) decided to mak

Iran-Israel Cyber Skirmish: Introspecting the Silent Corridor of Warfare in the Middle East

Vamsi Krishna, Research Intern, Internationalism. With Covid-19 in full swing, Earlier this month, Both Iran and Israel have been involved in an exchange of Cyber-attacks with a view to destabilizing the Physical Infrastructure of both nations and It should be noted that attacks of such nature can also inflict harm on Civilians. The unprecedented event should be a wake-up call for the International Community to rethink their approach towards Cyber Conflicts. To provide context, in early May, Israel alleged that Iranian hackers tried to contaminate a Water facility by increasing the content of Chlorine which, if successful, would have rendered a sizeable portion of the Israeli Population ill.

Prisoner Swapping and the Curious Case of Paul Whelan’s International Espionage

Ishita Thakur, Research Intern, Internationalism. International Espionage has frequently been used as a tactic by States to inform themselves of the clandestine acts of other States. However, the absence of International Law on the matter, the secrecy with which these spies are employed and the undisclosed manner in which they carry out their functions, often leaves out very little evidence for their conviction or acquittal. Such convictions can also be politically motivated to achieve larger motives of the States on the global spectrum. In fact, the vacuum of evidence and the spirit of secrecy that revolves around such spies magnifies the prospect of political agenda behind their conviction

India’s Vision Towards Multilateralism and International Law in a Multipolar World

Abhivardhan Joint Editor In Chief South Asian Journal of International Law. Whenever we research and criticise about the potential of a nation-state in terms of its vision and understanding towards rendering something to the international community to become a leader, we usually have three specific underpinnings we cater to: (1) the power quotient, i.e., how the state drives and creatively manipulate or influences the world order and its own stakes based on calculated domestic and foreign interests, (2) the legitimacy quotient, i.e., how the state upholds the idea of international law, whether anarchic, rules-based, aristocratic or even theocratic and (3) the order quotient, i.e., what kind

India's Geopolitik Measures to Curb Chinese Dependence on Trade and Tech: Underpinnings

Vasu Sharma, Junior Associate Analyst, Internationalism. Introduction With the advent of Globalization, non-traditional challenges to National Security marked a meteoric shift in International Order. Since then, for around three decades human security, cybersecurity, economic security, environment security, the responsibility to protect, terrorism, etc have joined the paradigm of security along with politico-military threats. The outbreak of COVID-19 will surely change the perceptions of National Security in International Order. However, Economic Security, Technological Sovereignty, and strategic self-reliance precisely would be avenues to contest upon in a post-COVID era. For India, post-pa

Analysing UAE’s Solidarity Policy with India Concerning the Return of the Stranded Indian Expatriate

Adrija Ghosh, Research Intern, Internationalism. The entire world came to a standstill when WHO announced Covid-19 as a ‘pandemic.’ The novel coronavirus has created havoc around the world and currently, there are 7.94 million active cases and a total number of 435K global deaths. Most of the countries had no other option than to seal the borders and impose nationwide lockdowns in an attempt to contain the deadly virus and prevent community spread. The economies of the world faced severe repercussions in absence of free-flowing international trade, commerce etc. The major implication of the pandemic and lockdown imposed, in several nations, was that a number of workers and students ended up

Operation Irini and Arms Embargo in Meditteranean

Vasu Sharma Research Editor, Internationalism Introduction Since April 2019, Libya has witnessed an internal civil war between forces of the UN-sponsored Government of National Accords (GNA) and forces of Libyan National Army, led by General Khalifah Haftar. Libya certainly has joined the league of countries like Syria, Yemen, and Afghanistan where internal turmoil and conflicts have been triggered by foreign interventions leading to severe materialistic destruction of the country, civilian casualties and rendering countries as an arena for proxy wars, power projections, and for foreign countries to safeguard their interests in the region. On June 5, 2020, the United Nations Security Council

Weaponization Of Outer Space Through The UN’s Looking Glass

Deeksha Prakash, Srijita Goswami Symbiosis Law School, Hyderabad, India Abstract. The realm of outer space has evolved as a subject of great importance through the decades. While outer space is regarded as a common asset for mankind, certain activities of nations can pose a threat to the harmony prevalent through it. With science and technology crossing new limits every day, the boundaries of their application are stretched. To ensure that this residual power is not utilized to foster animosity or create a volatile situation in outer space, it is imperative to introduce necessary measures to prevent its weaponization. This paper traces the militarization of outer space from a historical pers

The fourth sector of the economy as part of the new corporate social responsibility global paradigm

Vivian Rodrigues Madeira da Costa University of Seville, Spain vivirodriguesmadeira@yahoo.com.br Carolina Rodrigues Madeira da Costa University of Castilla La Mancha, Spain carolinarmadeira@gmail.com Diogo Luiz Chagas Santos University of Seville, Spain diogolcsantos@gmail.com Abstract. The aim of this proposed paper is to disseminate the knowledge about the fourth sector, as well as to describe and analyse the new legal and economic paradigms in which this sector is based. Such paradigms renew what until then was known as ethics of business and corporate social responsibility. Thus, there is the affirmation of new concepts, creating an environment in which entrepreneurship is developed in a

Commercialization of Space and the Need for Regulation of Actors in Outer Space

Keertana Venkatesh Gujarat National Law University, Gandhinagar, India keertanavenkatesh01@gmail.com Abstract. The race to space began with the launch of Sputnik I by Russia in late 1957. Initially, all space activities were State-intensive and acted as indicators of scientific, technological and economic superiority. More than fifty years ago, when the international space law treaties were conceptualized, the drafters did not envisage the extensive privatization of outer space, considering the sheer resources that would be required for these kinds of activities. However, space projects in the last decade have proven that space exploration is no longer limited to governmental agencies of ric

The Right to Self-Defense in Cyberspace and State Opinio Juris

Shamshir Malik University of Toronto, Toronto Abstract. Cyberspace has been declared the fifth theatre of armed conflict (in addition to land, sea, air, and space) by major State actors, as well as international organizations and scholarly experts. Efforts to expand the scope of traditional international humanitarian law applicable in the kinetic realm to fit the novel and anarchic nature of cyberspace have been undertaken, most notably by the Tallinn Manual Group of Experts and the United Nations (UN) Group of Governmental Experts. While non-binding codes of conduct have made considerable process in establishing international norms for acceptable state behavior in cyberspace, they have fail

Protecting the Populations of Sinking States: Applying and Adapting International Law

Vishaka Ramesh and Vishesh Bhatia NALSAR University of Law, Hyderabad, India, 500101 vishaka.ramesh@gmail.com | vishesh.bhatia.rubicon@gmail.com Abstract. Climate change, and the consequent rise in sea-levels across the World has resulted in the loss of territory, as coasts move inwards. This problem has manifested severely in the case of small island States such as Tuvalu and Kiribati, which are at risk of the entirety of their territory being rendered uninhabitable, either due to inundation or due to being submerged. The inevitable consequence is that the entire population of these States will be rendered stateless, and will be forced seek protection under international refugee law. Unfort

Territoriality in the Reign of Cloud Data: An Anachronism

Mehreen Mander and Punishk Handa NALSAR University of Law, Hyderabad, India Abstract. Cloud computing is becoming the new reality of data storage. It has changed how we interact with data and considerably increased our dependence on cloud computing services and service providers. However, cloud data, is conceptually different. Data is inherently unterritorial in a predominantly territoriality-obsessed jurisprudence. Cloud data does not conform to the basic premise of the territoriality doctrine – it cannot be tied to a fixed location. Data is location independent. It belongs to its user, but it does not belong to any location – at any given point it is located in a server farm unknown to its

An Analysis of "Forced Marriage" in the Context of Sierra Leone: How to Prosecute

Mini Saxena National Law University Delhi, India mini.saxena@nludelhi.ac.in Abstract. In 2004, the Special Court for Sierra Leone (SCSL) became the first ever war crimes tribunal to charge defendants in two trials (the Revolutionary United Front Case and the Armed Forces Revolutionary Council Case) with “forced marriage.” In addition to charging the defendants with “sexual slavery” under Article 2(g), the Tribunal charged them with “forced marriage” as a distinct crime against humanity under Article 2(i) of the Tribunal’s Statute (“other inhumane acts”). While the SCSL Trial Chamber in the RUF Case upheld the “forced marriage” charge, the SCSL Trial Chamber in the AFRC Case dismissed the “f

Analysis of Mike Pompeo's Press Statement Revoking Sanction Waivers on Iran's Nuclear Activities

Dhanya Viswesvaran, Research Intern, Internationalism. Introduction On 27th May 2020, United States of America’s (henceforth, “USA”) Secretary of State Mike Pompeo (henceforth, “Pompeo”) took out a press statement announcing the re-imposition of sanctions that the USA had previously waived.[1] These sanctions were in connection to civilian nuclear projects being undertaken in Iran. Additionally, the statement also announced the imposition of additional sanctions on two officials working for the Atomic Energy Organization of Iran (henceforth, “AEOI”). Majid Agha’i and Amjad Sazgar were said to be involved in activities that would enrich uranium by enhancing the production and development of c

The Extradition of Osman Osmanovic: Legal Insight on Jurisdictional Competence

Padmja Mishra, Research Intern, Internationalism. Extradition matters, more often than not, aid in regional co-operation. War crimes are considered as an exception when it comes to such matters. They are protected under the umbrella of political offences which again form an exception to extradition requests. In such situations, the alleged criminals are not extradited back to the requesting country. However, the trial and prosecution of such criminals vary from state to state even if they are not extradited. The case of Osman Osmanovic is one such example of exercising the exception of war crimes. Osmanovic, a Bosnian citizen was arrested in November 2019 on Serbia-Bosnia border and remande

The Tibet Bill Passed by the US Congress and Its Politico-Legal Implications

Akash Manwani, Research Intern, Internationalism. The United States (U.S) - China relations have never been so estranged in recent years and this time Tibet is in the limelight, yet again. The U.S Congressman proposed a Bill to the House Committee on U.S Foreign Affairs to empower the President to recognize “Tibet Autonomous Region (TAR) as a separate, independent country and for other purposes”. Tibet is situated in the south-west region of China sharing borders with India, Nepal, Bhutan and Myanmar. It is to be noted that TAR is a major part but one-third of the whole of Tibet wherein other areas include Kham and Amdo regions which are also being speculated to be made a part of the final B

Scrutinizing The Legal Sanctity of China’s New National Security Law and Implications on Hong Kong

Vamsi Krishna, Research Intern, Internationalism. The recent escalation of geopolitical tensions, amid Covid-19, is sparked by the Chinese Parliament: The National People’s Congress’s move in effectuating its standing committee to draft a new National Security Law which, as a matter of fact, contravenes the Basic Law of Hong Kong, by extension, the overarching principle of “One Country, Two Systems” and, of course, the Rule of Law. Hong Kong’s contrived yet unique Constitutional arrangement has its origins in Britain’s handover of the territory to the People’s Republic of China. But Surprisingly, the transfer of power was subject to a “Mini Constitution”, also known as the Basic Law, which i

A Thorough Insight on ILC’s Approach to Evidence of Customary International Law

Pratham Sharma, Research Intern, Internationalism. Customary International law is considered an important source of law under the International legal system. Customary International law means those rules of International law that are derived from and reflect a general practice accepted as law. This understanding of customary international law has been affirmed by the Special Rapporteur of the International Law Commission, Sir Michael Wood. The important elements in identifying customary international law include state practise and opinio juris. Sir Michael Wood emphasised that to prove a principle as a part of customary international law it is crucial that the two elements are prevalent and

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