The Case for Cultural Genocide: Adivasi Ailments

“We had to save our identity. We have remained an unconquered race always and never entered into a compromise. Therefore, we raise the question of autonomy.”  K.C. Mardi, founder of NGO Sarjom The Indian Government has upheld colonial-era categorisations of Adivasis, the indigenous communities of India, as “Scheduled Tribes” (listed in the Fifth and Sixth Schedules of the Constitution of India), upholding affirmative action via … Continue reading The Case for Cultural Genocide: Adivasi Ailments

The Triangle Of Prominence: International Law, International Relations And Lawfare

Introduction As the world steers more and more toward globalisation, the interdependence of states vis-à-vis their institutions, actors, and policies has rapidly and considerably increased (Roger, Jeffrey, & Elliott-Gower, 2017). Bilateral and multilateral cooperation amongst states especially in the context of economic liberalisation has become an inescapable imperative. However, such interdependence does not remain constricted to economic nuances. We are currently witnessing an age of … Continue reading The Triangle Of Prominence: International Law, International Relations And Lawfare

Cloud Computing: Interplay of National and International Laws vis-a-vis Jurisdiction, Contract and Privacy Laws

Introduction “In today’s digital-first world, business outcomes and innovation are increasingly tied to the ability to develop and use innovative technologies and services anywhere, as quickly as possible. Cloud is the foundation for meeting this need,” said Rick Villars, group vice president, Worldwide Research at International Data Corporation which is a leading global provider of market data for IT telecommunications. With 90.48 billion U.S. dollars in … Continue reading Cloud Computing: Interplay of National and International Laws vis-a-vis Jurisdiction, Contract and Privacy Laws

Exploring the Challenges for Bilateral Investment Treaty Disputes

Introduction Bilateral Investment Treaties have become an integral part of International Commercial Arbitration relations. It has become a fundamental part of India by helping enhance the country’s economic growth. BITs play an important role in protecting and promoting foreign investment in India. One of the key aspects of the BITs is international commercial arbitration and the settlement of disputes. International arbitration is an important factor … Continue reading Exploring the Challenges for Bilateral Investment Treaty Disputes

India’s Surgical Strikes: Implications for State Practice and Self-Defence

Introduction The era of traditional warfare is fading in relevance. Large-scale mobilization of marching infantries is now rare, and exceptions such as Russia’s invasion of Ukraine only prove the point – data-driven long-range missile strikes, cyber operations, and C4SIR Systems (Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance) have been deployed across the battlefield, rather than antiquated marching infantry regiments, or carpet bombings from the … Continue reading India’s Surgical Strikes: Implications for State Practice and Self-Defence

Prof. UU Lalit, Transcribed Speech from the JFIEL Conference

Editorial Note: This is a transcribed speech of Prof Lalit from the JFIEL Conference concluding ceremony that took place on 10th April 2023. It has been edited by Garvit Shrivastava, JFIEL Editor. The full speech can be found here. Welcome to everybody who has gathered here as a part of the Symposium. I was told that there have been fruitful discussions in the course of … Continue reading Prof. UU Lalit, Transcribed Speech from the JFIEL Conference

India, Citizenship and TWAIL

Introduction    In recent years there has been an emerging consensus that India’s relationship with international law has been that of  ‘creeping monism’. In interpreting fundamental rights, Indian courts have been inclined to apply international law obligations. On the other hand in matters of refugee rights or citizenship, petitions have been summarily dismissed without engaging with India’s international law obligations. Against this backdrop, India’s Citizenship Amended … Continue reading India, Citizenship and TWAIL