Jindal Forum for International and Economic Laws: Recent Episodes
JFIEL
Welcome to JFIEL! This is an online platform that aims to analyse legal developments and foster discourse in the field of international law and the international economic arena. Check out our website at www.jindalforinteconlaws.in.
Aarohi Chaudhuri, a student at the National Law School of India University, dissects the Red Echo cyberattacks allegedly conducted by China. Aarohi specifically focuses on whether the cyberattack amounted to an 'armed attack' triggering India's right to self-defence, and other potential recourses available to India.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this feature, Mugdha Mohapatra, a fifth-year law student at the National Law School of India University, takes a look at the proposal made by India and South Africa concerning the TRIPS waiver in combatting COVID-19. Mugdha takes a look at the insufficiency of existing WTO measures, specifically addressing the legal, political, and practical challenges associated with Articles 31 and 31bis of TRIPS, and considers the way forward for developing countries.
This episode has been featured as an article on the JFIEL platform and can be read here.
Pushkar Reddy, co-Director at JFIEL and student at Jindal Global Law School, explores Reliance Industry Limited and India Glycol Limited's initiation of anti-dumping investigations against Saudi Arabia, Singapore, Oman, Kuwait and UAE, concerning their sale of Mono Ethylene Glycol (MEG) in India at a price lower than the price of the product in the market of the exporting country. Given the procedural specifications, Pushkar argues the impact faced by minority producers who do not have any recourse in terms of challenging the unilateral decision and outcome.
This episode has been featured as an article on the JFIEL platform and can be read here.
Abhijeet Shrivastava writes on the recent Indo-China Border tussle and specifically analyses PM Modi's statement in the context of the doctrine of acquiescence.
This episode is also available as a blog post here.
Garv Sultania's feature concerning international commercial arbitration and exploring the tussle between transparency and confidentiality.
This episode has been featured as an article on the JFIEL platform and can be read here.
Sirgapoor Sahil Reddy, a student from Jindal Global Law School, reviews the recent economic strategy taken by India against China in the wake of the border dispute and the pandemic. He explores India's dependence on Chinese manufacturing and the reality of the boycott on Chinese products in light of the trade and border retaliation.
This episode has been featured as an article on the JFIEL platform and can be read here.
A feature by Divyashree Suri, an international trade practitioner who specialises in World Trade Organization (WTO) and trade remedy laws. Divyashree examines whether the World Trade Organisation can be utilized as an 'automatic route' for recourse against China, given the Foreign Direct Investment policy and WTO law.
This episode is also available as a blog post here.
Gursehaj Singh, a third-year law student at Jindal Global Law School, analyses why Syria necessitates the responsibility to protect framework under international law.
This episode has been featured as an article on the JFIEL platform and can be read here.
Siddharth Saxena, law student at Jindal Global Law School, takes an interesting look at litigation costs at the World Trade Organisation (WTO) and explores this not-so-unique problem that haunts most national and supranational legal systems – ensuring access and effective participation.
This episode is also available as a blog post here.
An interesting piece by Abhijeet Shrivastava analysing Lethal Autonomous Weapon Systems and their contemporary relevance in armed conflicts.
This episode is also available as a blog post here.
This feature is by Sirgapoor Sahil Reddy, a student from Jindal Global Law School, who explores the mounting on trade tensions between the United States and China, and the trade-related restrictions between the two immensely powerful trading blocks.
This episode is also available as a blog post here.
Philip Ashok Alex, a second-year undergraduate student at National Law University, Delhi, takes a look at the effect of sports boycotts and the repercussions under international law, particularly construing them as economic sanctions and the legality of the same.
This episode has been featured as an article on the JFIEL platform and can be read here.
Shahrima Tanjin Arni and Md Azhar Uddin Bhuiyan, LL.M Candidates at the Department of Law, University of Dhaka, explore Bangladesh's tryst with the Agreement on Trade-Related Aspects of Intellectual Property Rights specifically concerning Remdesivir production. Specifically, they analyse access to medicine under the existing International Intellectual Property regime for least developing countries in the wake of COVID-19.
This episode has been featured as an article on the JFIEL platform and can be read here.
Naina Mathew, final year student at National University of Advanced Legal Studies, Kochi, looks at the recent issue concerning the International Criminal Court's investigations in Afghanistan. Briefly exploring the events that ensued post-9/11, she addresses the relationship between the US and the ICC, including the contentions surrounding jurisdiction and the role of the ICC in the deliverance of justice.
This episode has been featured as an article on the JFIEL platform and can be read here.
Siddharth Jain, a third-year student at Rajiv Gandhi National University of Law, Punjab, writes on the recent escalation of the Nagorno-Karabakh conflict that seems to have reached a new tipping point. In addition to addressing a strategic framework concerning the fundamental tenets of statehood, he raises pertinent issues under IHL in the context of realising that civilians seem to be bearing the brunt of the conflict.
This episode has been featured as an article on the JFIEL platform and can be read here.
Khush Aalam Singh, third-year student at Jindal Global Law School, takes a look at the crisis of statelessness faced by the Bidoon population of Kuwait. He focuses on their heightened vulnerability in the midst of the COVID-19 pandemic, as well as Kuwait’s legal obligations stemming from the ICCPR and the Convention on the Rights of the Child.
This episode has been featured as an article on the JFIEL platform and can be read here.
In her second editorial, Mahima Balaji, co-Director of JFIEL, looks the rise of private military companies and the framework of international humanitarian law. She specifically looks at Russia's recent support of the Wagner Group's operations in Libya, and the need for considering a framework for regulation (aside from the ethical implications of private mercenaries).
This episode has been featured as an article on the JFIEL platform and can be read here.
In this feature, Sahil Bansal, final year student at Jindal Global Law School, visits the technical regulations on Non-Product Related Process and Production Methods and how they can be helpful in addressing global environmental concerns.
This episode has been featured as an article on the JFIEL platform and can be read here.
Gnanavi Gummadi, a final year student at Jindal Global Law School, writes on the lack of compliance associated with cross-retaliation at the WTO, specifically focusing on the obstacles posed for developing countries.
This episode has been featured as an article on the JFIEL platform and can be read here.
Mahima Balaji, Director of JFIEL and student at Jindal Global Law School, in her first editorial, explores the systemic issues surrounding the treatment of members of the Uyghur community, and she specifically analyses the forced sterilisation of Uyghur women raising the question of genocide in the region of Xinjiang.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this editorial, Pushkar Reddy explores the Dynamic Inconsistency Problem in Light of Neo-Liberal Propaganda, specifically analysing why developing countries often enter into such BITs that are particularly against their public policy measures.
This episode has been featured as an article on the JFIEL platform and can be read here.
Amol Verma, a fourth-year student at CNLU Patna, analyses the recent developments in the Enrica Lexie case. Particularly, he addresses the decision taken by the Permanent Court of Arbitration and the setback it poses for Indian diplomacy engaging in international law and determining accountability.
This episode has been featured as an article on the JFIEL platform and can be read here.
Muskan Nagpal, a fourth-year student at Amity Law School GGSIPU, takes a look at the international legal framework surrounding the implications of rising sea levels in the context of climate change. Specifically, she addresses the commencement of the Anthropocene, and the potential issues that may arise for those impacted by climate-induced migration.
This episode has been featured as an article on the JFIEL platform and can be read here.
Olalekan Olayode and Adekunle Abiona, graduates from the Faculty of Law, Obafemi Awolowo University, Ile Ife, Osun State, Nigeria, write on the recent tussle concerning consular relations between the US and China. Specifically, they analyse the basis of the Vienna Convention on Consular Relations concerning the recent closures of the Chinese Consulate General in Houston and the US Consulate in Chengdu.
This episode has been featured as an article on the JFIEL platform and can be read here.
Prakarsh and Shruti Mishra, second-year students at National Law Institute University, Bhopal, write on 'Revisiting the Teetering Ties of Public Procurement: A Forgotten Negotiation Between India and the EU.' They analyse the narrative of the FTA proposals between India and the EU and also propose the way forward in the context of challenges to international trade between the two regions.
This episode has been featured as an article on the JFIEL platform and can be read here.
Part II of The Grass is Never Green in IHL: An Eco-Feminist Take on the Anthropocentric Laws of War by ANMOL RATAN.
In this part, Anmol specifically explores the intersections between armed conflicts and the differential impact on women and other gender-minority communities. Particularly, he calls for considering eco-feminism to look at damages in armed conflicts through a framework of inclusivity and the role of exploitative impact in terms of those affected by it
This episode has been featured as an article on the JFIEL platform and can be read here.
ANMOL RATAN, a third year law student at the National Law School of India University, Bangalore, writes on the anthropocentric nature of the law of armed conflicts. In this two part post, he first explores the inherent inadequacies of IHL’s foundational principles, i.e. distinction and proportionality, vis-à-vis environmental and ecological protection. In Part II, he further engages with and critiques the IHL framework from an eco-feminist perspective to call for a more inclusive interpretation of IHL rules.
This episode has been featured as an article on the JFIEL platform and can be read here.
You can read Part 2 here.
Akshita Goyal, a third year law student at Symbiosis Law School, Pune, takes a look at the role of developing countries at the World Trade Organisation (WTO). She particularly focuses on unearthing the underlying power dynamics at the WTO through concrete instances and internal politics (including the underrepresentation of certain developing nations).
This episode has been featured as an article on the JFIEL platform and can be read here.
Armed Conflicts and outer space? Here, Gunjan Shrivastav, a third-year student at National Law School of India University, Bangalore, explores the mechanism to consider a constructive interpretation of international humanitarian law in outer space, given the absence of treaty provisions regulating possible military operations. Particularly, she considers the need to construe outer space within the ambit of ‘natural environment’ under international humanitarian law.
This episode has been featured as an article on the JFIEL platform and can be read here.
Abhijeet Shrivastava, Associate Editor at JFIEL, writes on the heightened tensions between India and China in their recent stand off. Crucially, he questions whether it may qualify as an "international armed conflict." Both, in terms of the hand-to-hand combat, as well as concerning the territorial incursions.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this feature, Anushka Rungta, a third year law student from Maharashtra National Law University Mumbai, sheds light on the recent Artemis Accords, and its attempts at extending the peaceful collaboration for exploration and utilisation of lunar resources. The article explores the principles of international cooperation enshrined in international space law, subsequently envisioned in the Accords. It further analyses the diplomatic-economic concerns of major space-faring nations with respect to the agreement and their refusal to unify with the United States on the mission.
This episode has been featured as an article on the JFIEL platform and can be read here.
Nandini Shenai, third year law student at NMIMS, Mumbai, critically explores the interpretation of Article 121(3) of the UNCLOS in South China Sea arbitration. Particularly addressing the comprehensive interpretation by the tribunal which may be the guiding articulation on the issue in times to come.
This episode has been featured as an article on the JFIEL platform and can be read here.
Snehil Balani, a second year law student at Dr Ram Manohar Lohiya National Law University, presents a comparative framework of the NAFTA vs the USMCA. He analyses the potential merits and downsides of the new agreement and provides a jurisdiction-specific analysis in terms of the three parties involved, including Canada not being a part of Chapter 14 of the USMCA.
This episode has been featured as an article on the JFIEL platform and can be read here.
Vanessa Sant’Anna, a PhD candidate in Interdisciplinary International Studies (IIS) (jointly organised by the Vienna School of International Studies and the University of Vienna), takes a look at the importance of access to clinical trial data to effectively combat the COVID-19 pandemic. Specifically analysing the role of TRIPS in providing affordable pharmaceutical products in light of the global race to finding the cure.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this feature, Hitesh Nagpal, a third-year law student from Maharashtra National Law University Mumbai, analyses the Kalapani dispute simmering between the traditionally close neighbours, India and Nepal. He specifically looks at the contested territory from the prism of international law and considers the relevance of effective possession, contradictory maps, and the principle of estoppel.
This episode has been featured as an article on the JFIEL platform and can be read here.
Sahibnoor Singh, Contributing Editor at the Jindal Forum for International and Economic Laws, analyses the practice of the International Tribunal for the Law of the Sea (“ITLOS”) in the twenty-seven cases that it has pronounced between 1997 and 2015. With an in-depth analysis, through the findings of the court in these cases, he primarily makes a case surrounding how the ITLOS adeptly deals with challenges to its jurisdiction, and the strides it has been taken, in praxis, to actively assume it.
This episode has been featured as an article on the JFIEL platform and can be read here.
Rajas S. from National Law University, Nagpur, writes on the possibility of holding China accountability for COVID-19. In a step away from purely diplomatic tactics, he explores the framework of international law and suggests potential avenues for fastening liability (and whether it is, at all, wise to do so).
This episode has been featured as an article on the JFIEL platform and can be read here.
Adhiraj Singh and Rudraksh Lakra, third-year students from Jindal Global Law School, explore the complexity of dealing with mixed disputes. Their piece critically explores the PCA's characterisation approach and goes on to emphasise the need to replace it by a more concrete and consistent normative approach to ensure internal coherence in international dispute settlement mechanisms.
This episode has been featured as an article on the JFIEL platform and can be read here.
Considered the legality of extracting resources from outer space? In this feature, Nikhil George, a final year student at Jindal Global Law School, explores Trump's 2020 Executive Order that declared the Moon, Mars and other celestial bodies are open for Americans to extract resources from. Interestingly, he explores the relevance of considering UNCLOS and drawing a parallel between the seabed and outer space while considering state sovereignty.
This episode has been featured as an article on the JFIEL platform and can be read here.
Divij Jain, a third-year law student from Maharashtra National Law University Mumbai, looks at the ICC's investigation into alleged international crimes committed by US nationals in Afghanistan and other Eastern European countries that have now spanned for over two decades. He specifically analyses the importance of state cooperation and the possible challenges that may emerge while conceptualizing accountability.
This episode has been featured as an article on the JFIEL platform and can be read here.
In 'No Country for Climate Migrants', Subodh Singh, a fourth-year law student from ILS Law College explores the vacuum in international law concerning the protective framework for ‘climate migrants' and analyses the limits surrounding the existing discourse. Subodh also explores how such protection may be envisioned under existing instruments (such as the UNFCCC), or even by adopting a more inclusive definition and glossary for climate migrants.
This episode has been featured as an article on the JFIEL platform and can be read here.
In Part II of ‘Defining ‘Attacks’: Some Reflections on the Ntaganda Case’, Abhijeet Shrivastava analyses the teleological reading employed by Judge Eboe-Osuji, Judge Bossa, and Judge Carranza concerning whether the facts of pillaging and ransacking amount to an "attack" under Article 8(2)(e)(iv) of the Rome Statute. He presents his conclusions and also looks into the potential scrutiny surrounding Judge Eboe-Osuji’s decision which seemingly broadens Article 8(2)(e)(iv).
This episode has been featured as an article on the JFIEL platform and can be read here.
In this post, Yagnesh Sharma and Utsav Saxena from Maharashtra National Law University Mumbai, explore one of the primary critiques of the International Criminal Court concerning its preoccupation with Africa. They analyse certain administrative challenges, legal impediments associated with the Rome statute, as well as the pressure of the permanent five at the UN Security Council that has led to the conception of the ICC targeting Africa disproportionately.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this two-part editorial feature, Abhijeet Shrivastava, Associate Editor at The Jindal Forum for International and Economic Laws, dissects the decision rendered by the Appeals Chamber in the case of Prosecutor vs. Bosco Ntaganda before the ICC. Specifically, he unpacks the term “attack” under Article 8(2)(e)(iv) of the Rome Statute and views this against the various opinions delivered by the five judges in the case. At present, in Part I, Abhijeet explores the meaning of the term ‘attack’ from the textual and intent-based schools of treaty interpretation.
This episode has been featured as an article on the JFIEL platform and can be read here.
Vahid Bazzar, PhD graduate in international law from Allameh Tabataba’i University, Iran, writes on the ICC's extension of the jurisdiction in Palestine and specifically explores the role of IHRL and the implications concerning the same.
This episode has been featured as an article on the JFIEL platform and can be read here.
Anshita Sethi and Ishika Mittal from Jindal Global Law School, explore the UK Overseas Operations Bill and the implicit license it confers to commit torture – given that the Bill confers protection for UK soldiers from being prosecuted and effectively acts as a statute of limitations. They analyse the duty to prosecute and the UK's obligations thereunder, along with the wider implications associated with the Bill (including the several potential violations of human rights treaties).
This episode has been featured as an article on the JFIEL platform and can be read here.
Since the Vietnam war and the use of Agent Orange, there have been several alarming ecological crimes that began probing discourse surrounding the intersections between 'ecocide' and the international legal framework. In this context, Mehreen Garg, a third-year student at Jindal Global Law School, explores the relevance of the International Criminal Court and the Rome Statute in addressing the same. She argues for the inclusion of the crime of 'ecocide' within the fold of Article 5, which presently only extends to crimes against humanity, genocide, war crimes, and aggression.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this editorial feature, Mahima Balaji explores the issues surrounding the Foreign Contributions Regulation Act and the governmental witch-hunt of human rights organisations under the guise of tackling ‘unregulated’ foreign funding. She specifically analyses India’s ICCPR obligations in light of the overbroad framework of the FCRA which effectively can be interpreted to be a muzzle on any sort of human rights advocacy that opposes the Indian government’s treatment of ethnoreligious minorities in the country.
This episode has been featured as an article on the JFIEL platform and can be read here.
In our latest feature, Jibraan Mansoor and Aritro B. prompt us to think about the complex legacy of self-determination, its colonial yoke, and what it means to think about emancipatory struggles within its framework. More specifically, by problematising and exploring the affinity between self-determination movements and the eventual creation of a nation-state, Jibraan and Aritro encourage us to imagine a future beyond colonial borders.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this feature, Surya Rajkumar from Jindal Global Law School attempts to theoretically conceptualise the difference between Articles III:4 and III:5 of GATT. The piece engages in a nuanced reading of the two provisions and argues for why one should perhaps prefer the application of Article III:5 to prevent the ill-treatment of foreign goods when being subject to domestic input requirements
This episode has been featured as an article on the JFIEL platform and can be read here.
Utkarsh Krishna, a graduate from Symbiosis Law School, Pune, and judicial clerk at the High Court of Jharkhand, writes on the Supreme Court of India's April order in 2021 concerning the deportation of Rohingyas from the Indian territory. Utkarsh considers the court's short analysis and its incompatibility with both, India's constitutional jurisprudence as well as international obligations.
This episode has been featured as an article on the JFIEL platform and can be read here.
In this feature, Apurbaa Dutta and Pratyusha Dasgupta, students at Jindal Global Law School, analyse the international legal framework concerning the refugee crisis in the midst of the pandemic. They interestingly look at both, the responsibilities of signatory states as well as the legal validity of defences that may be invoked in light of the public health crisis.
This episode was first published as an article on the JFIEL platform and can be read here.
Recently, Ryan Air Flight FR 4978, en route from Athens, Greece, to Vilnius, Lithuania, was forced to divert to Minsk while travelling over Belarussian airspace. Subsequently, Roman Protasevich, journalist and Belarussian dissident, and his partner, Sofia Sapega, were detained by the authorities. In this piece, Akshay Luhadia and Saiesh Kamath from NUJS, Kolkata, analyse Belarus’s legal obligations under the 1971 Montreal Convention and the 1944 Chicago Convention. They also argue for possible recourse and sanctions against Belarus in this present case of aviation piracy.
This episode has been featured as an article on the JFIEL platform and can be read here.
Jyotsna Manohar, a final year student at Jindal Global Law School, writes on India's recent Chinese app ban. She specifically considers whether India use the Security Exception given the WTO Panel Report, Russia – Traffic in Transit.
This episode has been featured as an article on the JFIEL platform and can be read here.