Assassination of Fakhrizadeh against International law

Abstract:

The contemporary international system is in deep crisis because its prominent players, the United States of America and many other Western countries, have shirked away from the fundamental principles of Liberal Democracy and Liberal Economy that have for long been the governing principles of International Peace and Order. The Western states are witnessing the rise of ultra-nationalist, populist, right-wing political actors who feel that promoting a liberal democracy is no longer part of Western political rhetoric and discourse. The notion has been further cemented by Western countries preferring to support some of the most authoritarian and despotic regimes and political leaders worldwide such as Saudi Arabia, Turkey, UAE and Egypt against Democratic movements.

Authored by Aniket Rai, Guru Nanak Dev University, Amritsar

The Convention on the Rights of the Child

Abstract:

The convention on the Rights of the Child sets out for those rights that must be realized for children to develop their full potential. The UNCRC consists of 54 articles that consist of children’s rights and the process of working. The government is required to meet children’s basic needs and helps them in their full development. The United Nations General Assembly established the International Children’s Emergency Fund, UNICEF to work seriously for the betterment of the children throughout the world. With the help of UNICEF the UN General Assembly adopted, “The Convention on the Rights of the Child” which recognizes the role of children as social, economic, political, civil and cultural actors. The convention also guarantees and sets the minimum standards for protecting the rights of children in all capacities.

Authored by Abhay Singh, Faculty of Law, Lucknow University

The Troubled Relationship Between The Tenant and The Landlord During The COVID-19 Pandemic and its Repercussions

Abstract-

In this article we will see how the relationship of tenant and landlord gets disturb due to reverberation of covid 19 .Indeed, what this article ultimately seeks to achieve is evaluating way to find solution to solve the dispute between landlord and tenants The transmission of a virus with flu-like symptoms has pushed world economies to an unprecedented standstill. Stock market crashes, mass unemployment, and disruptions hinting a recession – are only the tip of the iceberg and its underlying repercussions are likely to unfold with time.The customary strained landlord-tenant relationships are further distressed with the lack of clarity in Central and state government announcements bringing fore questions of eligibility and applicability of relief measures. Until the air clears (pun-intended), Indians will continue to rely on legislations that hugely favours tenants in rental disputes, leaving landlords grappling to survive the crisis without any respite. In the interim, as parties await clarification from the government, it is advisable to facilitate a shared objective of contractual performance through collaboration and provide a win-win solution to all until normalcy returns.

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida.

Female Abuse through Social Networking Sites

Abstract-

‘The scars from mental cruelty can be as deep and long-lasting as wounds from punches or slaps but are often not as obvious’- Lundy Bancroft. This article intends cover the nitty gritty of female abuse through social media and look into the effects and provisions regarding the same followed by a self-concluded necessitated future action. There is no overstating the fact that female abuse through social networking sites often goes unnoticed or unreported which is a major concern in the present scenario. According to PEN America, online abuse is the, “pervasive or severe targeting of an individual or group online through harmful behavior”. The reason this article is focusing primarily on one gender is because women are abused online to a greater extent compared to men. Though the ratio of male to female internet users is 60:40, there are more reports of female abuse.

Authored by Gagana Srinivas, Ramiah College of Law, Bangalore.

Advocacy for soft law instruments to consolidate international commercial law across the globe

Abstract-

There has never been a better time to be an international commercial law scholar. After decades of being held hostage to state-centered ideas, international commercial law has finally broken through to become more solution oriented. Increasingly, nation states are becoming less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the need for international commercial law. The term “harmonization will be used as a surrogate to discuss the creation of international commercial law as it is the primary means by which international commercial law is created. This article seeks to explore two preponderant trends that have become visible in the making of international commercial law. In Part I, I shall describe the background. In Parts II and III, I will highlight the growing role of regional endeavors at harmonization, and the rise of non-binding instruments.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

International commercial law and its implications for commercial law in UK context

Abstract-

International Commercial Law is a frame of prison regulations, conventions, treaties, home rules and commercial customs or usages, that governs global business or business transactions. A transaction will qualify to be worldwide if factors of multiple countries are worried. Lex mercatoria refers to that a part of worldwide commercial regulation that is unwritten, inclusive of normal industrial law; standard policies of proof and system; and general concepts of industrial law. International industrial contracts are sale transaction agreements made between parties from extraordinary countries. The strategies of getting into the foreign market, with desire made balancing prices, manage and risk, encompass: 1. Export without delay. 2. Use of foreign agent to promote and distribute. 3. Use of foreign distributor to on-sell to nearby customers. 4. Manufacture products inside the overseas countries. Through either setting up commercial enterprise or by using acquiring an overseas subsidiary. 5. Licence to a local manufacturer. 6. Enter right into a joint project with a foreign entity. 7. Appoint a franchisee.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad.

A Comparative Analysis Of Jus ad bellum and Jus in Bello In The Context Of International Humanitarian Law

Abstract-

The Law of Armed Force has been customarily theorised in a semblance of prevalent theories of Jus ad bellum and Jus in bello. Such separate dualist concept of outfitted power and principle of armed force discovers its underlying foundations through the means of legitimate traditions of the happenings of the Interwar period. Besides that, a one on one differentiation regarding the same has been thoroughly highlighted by the means of “Theory of Warfare” The discrepancy between the concepts of Jus ad bellum and Jus in bello has had a prolonged historic convention in connection with the “Theory of Warfare”. Although in scholarly writing, the moralities of the said theories are regularly examined together. Upon retrospection they are as a rule arranged under philosophical, strict or moral belief systems by means of Just War Theory or Just War Doctrine otherwise alluded as Jus bellum lustum. Incidentally they are combined with a third principle specifically Jus Post bellum which incorporates post conflict legal standards. However, the same earned its rightful status in the radical law right in the course of the League of Nations.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

Customary Approaches to the Law of Armed Conflict

Abstract-

Since the inception of mankind the term of conflict was always prevalent, be it fight for food, or any other survival instinct, but one thing that has always been there is the fact that in some or the other way there have been laws governing that conflict. Even in medieval period, when the idea of consuming territories was on high, there were laws of war governing the conflict and it was expected that both the parties willfully accepts them. In this article we will be trying to understand the concept and ideas of protection of human rights and how they can be included and be made a part of contemporary Humanitarian Law. There have been ideas which have come straight from the cultural buildups of tribe and their aspiration of a society build on equality and respect for other community . The viewpoint that while trying to understand the role of the state actors we cannot forget to include non-state actors in developing laws for society reflect that all the states that have been peaceful or aspire to be peaceful knows that the only way to achieve this is by inclusion practices and ideologies. Since this article emphasis on the practices followed by various African communities, therefore we will try and compare the idea and their application in today’s world. A study conducted by the Geneva cell recently showed that it is very necessary that inclusion must be made for better development of International Humanitarian Law.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

An Insight into International Humanitarian Law: Protection of “The Brave Hearts”

Abstract-

The coveted International Humanitarian Law is otherwise recognized as the Law of War. The sole objective of the International Humanitarian Law grounded on humanitarian motives seeks towards limiting the effects of armed conflict. As per the famous philosopher Hugo Gratius in his legal masterpiece De jure belli ac pacis on the Law of War and Peace stated that the conquerors had the right to subjugate their enemies. Similarly another French philosopher namely Montesquie in his L’Esprit des lois on ( The Spirit of Laws) expressed that the sole just thing in the war was that the abductor had to prevent the prisoner from any harm. Likewise, the International Humanitarian Law lays down certain provisions seeking towards regulating the conduct of war alongside protecting the individuals no longer a party to a hostility. Moreover, it is prudent to take into consideration that the International Humanitarian Law is Les specialize which states that the same originated to administer particular subject matters. The respective article provides a detailed analysis of the Law of War. The author through this article states the rights and privileges concerning the protection of the POWs.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

Legal Accountability For Breach Of IHL: An Overview Of The Legal Consequences Of Violation Of IHL

Abstract-

As per rule 149 of the Customary International Law a state can be held accountable for the breaches of the coveted International Humanitarian Law derivable to the same. This also further includes a) the state is responsible for the breaches committed by its bodies along with its military forces, b)for breaches committed by individuals or person authorized to implement rudiments on the behalf of the central authority, c) the individuals or entities working acting under the state’s orders committing violations shall render the state accountable for the concerned breaches; d) acknowledging and espousing as the conduct of its own the state is responsible for such conduct by the private individuals and groups.
Aiming towards the general applicability of the rule it is stated that a State shall be accountable for the internationally acclaimed unlawful conduct. Similar to the Executive, legislative, and Judiciary the military forces are acknowledged as a body of the State government. This particular article states the legal responsibility of a State for Internationally committed wrongful acts. The author with the help of several case laws such as the Distomo case, Essen Lynching case, and onwards seeks to highlight the consequences of violating the provisions of IHL.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar