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Francis Tom Temprosa & Darwin Simpelo Articles Editor & Guest Editor Introduction This argues that the non-release of vulnerable prisoners in this time of a pandemic constitutes a cruel, inhuman or degrading treatment of punishment, a grave violation of the Torture Convention in international law. With the quick and far-reaching spread of the novel coronavirus or Covid-19, prisoners are among the most vulnerable people in the world. Prisoners face the real danger of Covid-19 while
Amin R. Yacoub Guest Editor The due diligence standard of Full Protection and Security Obligation (“FPS”) of Bilateral Investment Treaties (“BITs”) remains vague until today. I have argued before – in a post on the Cambridge International Law Journal (CILJ) Blog – that the Ampal Tribunal had failed to define the parameters of the Due Diligence standard.[1] On the other hand, a post published by CILJ Blog counter-argued that the Ampal case was “rightly decided.”[2]
Brooke Simone Guest Editor Many international law scholars purport that treaties are the most effective and binding source of international law.[1] However, the efficacy of multilateral treaties may be exaggerated, as demonstrated by minimal penalties for noncompliance, particularly for strong states, and the United States’ absence from and self-interested interpretation of various treaties. The promotion of credible commitment is held as an essential benefit of treaties; proponents argue that treaties raise the cost of noncompliance
Raghav Pandey Guest Editor The UN High Commissioner for Human Rights Michelle Bachelet recently undertook the unprecedented decision to file an intervention application at the Supreme Court of India.[1] The court is hearing a series of petitions which challenge the constitutional validity of the Citizenship Amendment Act (CAA). This instance raises very pertinent issues relating to the nature of functions of an entity in this case a United Nations (UN) intergovernmental body, under the aegis
Divyansh Sharma Guest Editor Today, internet censorship and social media blockages have become global concerns as states increasingly adopt these measures, purporting to protect public order by curbing hate speech and misinformation. Countries have repeatedly perceived that some degree of regulation of the internet is necessary. Consider the blockage of LinkedIn in Russia following the company’s failure to abide by the data retention law.[1] While free speech defenders argue that the ban was not motivated
Prajakta Pradhan Guest Editor The International Criminal Court (ICC) symbolizes hope around the world. The ICC, in its current form, was officially established in 1998 to prosecute individuals for only the worst international crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression.[1] It functions independently of the United Nations’ International Court of Justice.[2] Calls for a universal judicial body like this had been increasingly abundant since World War I.[3] Precursor
Bodhisattwa Majumder & Ankit Malhotra Guest Editors There is a battle going on between the southern tip of India and the northernmost tip of Sri Lanka (‘Palk Bay’). It is not a battle for land or people but for fish, which are the lifeblood for the fishermen in these coastal villages of Sri Lanka and India.  In between these two coasts, there is treasure in the form of seafood, due to the rich fishing grounds,
Ed Cullen Vol. 41 Associate Editor A challenge facing developing countries in joining and participating in the global economy is the effect of cartel and monopoly behavior on economic development. The creation of self-sufficient institutions to address these competition issues in developing countries is of central importance to development. The inefficiencies created by the unchecked perpetuation of anticompetitive practices actively hinder economic development by undercutting competition and stifling incentives to innovate.[1] Competition law is one
Joseph Lordi Vol. 41 Associate Editor On January 24, 2020, in Davos, Switzerland, the European Union, and 16 other WTO Member States declared their intent to establish a multi-party interim appeal arrangement in wake of the current WTO Appellate Body paralysis.[1] This interim appeal arrangement will be based on Article 25 of the WTO Dispute Settlement Understanding (DSU), which provides for alternative arbitration for WTO disputes.[2] According to the parties involved, the interim appeal arrangement
Derek Kang Vol. 41 Associate Editor Since July 1, 2019, Japan and South Korea have been locked in a bitter trade war, bringing relations to their lowest point in 41 years.[1] Arising out of historical and political tensions, this standoff between the world’s third and twelfth largest economies has destabilized an already fraught region and disrupted major supply chains around the globe.[2], [3] Tensions have receded with the new year, but the threat of trade