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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
Emma Xu Vol. 41 Associate Editor No one could have known that a niche international arbitral tribunal headquartered in Lausanne, Switzerland would break social media by deciding against South African athlete Caster Semenya for her naturally elevated testosterone.  The decision handed down by the Court of Arbitration for Sport (CAS) in the spring of 2019, Caster Semenya v. International Association of Athletics Federations (IAAF), is just one of the many instances where international tribunals have
Evan Harary Vol. 41 Associate Editor Russian incursion into Ukrainian territory—in the form of the annexation of Crimea and the ongoing conflict between Ukraine and Russia-backed separatists in Donbass—has provided for fertile territory for human rights abuses. Monitors report an uptick in generalized violence against women, as well as instances of torture, forced labor, illegal detentions, and appropriation of property under threat of violence.[1] Victims of these abuses are now seeking justice, both in Ukrainian
February 20, 2020

Tax Havens and the High Seas

Reem El-Mehalawi Vol. 41 Associate Editor As the world becomes more globalized and connected, it is especially important to develop laws that will prevent global enterprises from being subject to double taxation. If every state were to tax a portion of a certain company’s profits, the sum of those portions might exceed the total income of the enterprise.[1] This can be an especially serious problem for shipping enterprises—their profits are generally quite modest, and taxation