International Law

Airlines, Railways and UNIDROIT: Erasing the COVID Footprint

1 Comment / Hrishikesh Anand, International Law, Mahathi Utham Kumar /

Abstract The economic fallout from the novel coronavirus is being felt worldwide. As a consequence, the international market chain has experienced imminent delays in performance of contractual obligations. An existing uniform international regime which can provide for effective enforceability and renegotiation of asset-based contracts is UNIDROIT: its Principles on Commercial Contracts, the Cape Town Convention,

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A Tale of Two Communities: Inequality and the Right to Water in Hudorovič and Others v Slovenia

Leave a Comment / International Law, Mythili Mishra /

A case note on Hudorovič and Others v Slovenia Introduction Hudorovič and Others v Slovenia1 is a case concerning Roma communities living in informal settlements who did not have adequate access to safe drinking water and sanitation. This case was fought in the context of Slovenia making the right to drinking water a constitutional right.2 This, however, did

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The ECJ’s Judgements on ‘Gmail’ and ‘Skype Out’: A Critical Review

Leave a Comment / Andreas Daum, International Law /

A critical review of the ECJ’s Judgments on ‘Gmail’ and ‘Skype Out’ Abstract: The Over-the-Top (OTT) services have successfully competed with “traditional” telecommunications services and disrupted the market for short messages, phone and video calls. While WhatsApp alone processed an average of over 65 billion messages per day in May 2018, this is true for

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Treaties, Peremptory Norms and International Courts: Is the Hierarchy Theory Treading Water?

Leave a Comment / International Law, Madeleine Lusted /

Introduction: In its recent report, the ILC addressed two main outstanding issues relating to jus cogens norms: the existence of regional jus cogens and the possibility of an illustrative list.1 The report concludes with draft conclusion 24, which proposes a non-exhaustive list of the “most widely recognised”2 peremptory norms, such as the prohibition of genocide and aggressive use of force. Peremptory

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Preliminary Analysis of Article XXI: Why the National Security Exception is an Implausible Justification for US Steel and Aluminium Tariffs on China

Leave a Comment / International Law, Naina Gupta /

Abstract US protectionist measures in modern history reached a new apex in 2018 when tariffs against steel and aluminium imports were announced, which particularly affected China, the state posing a sharp political and economic contrast to US. Not only did this trigger retaliatory measures but it also made the US a target of further World

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Afghanistan: Towards wider interests of justice?

Leave a Comment / International Law, Samantha Goh /

The Pre-Trial Chamber (“PTC”) II of the International Criminal Court (“ICC”) handed down its much-awaited decision on the request for authorisation of an investigation into the situation in Afghanistan1 earlier this year. The escalating conflict in Afghanistan has generated thousands of civilian casualties, many of whom were also victims of acts potentially constituting war crimes within

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The illegality of Russian intervention in Syria

Leave a Comment / International Law, Mahmoud Serewel /

Introduction Russian military intervention has seemingly turned what was once a contentious and indecisive civil war into a fray the Government shall inevitably win. Russian forces had conducted some 70,000 airstrikes by January 2017.1 Nevertheless, there has been much discussion of Western intervention in Syria and little discussion of Russia’s intervention. I therefore aim to scrutinise Russian

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