Should India Say Yes to the US Demand to Homogenise Nuclear Liability Law? A Dangerous Recourse

By Vershika Sharma, National Law University, Jodhpur.

The Civil Liability for Nuclear Damage Act, 2010, (hereinafter referred to as “the Act”), though highly debated and controversial, makes India one of the most powerful and toughest nuclear liability regimes in the world, only second to Austria that bans nuclear energy completely. It protects the interests of the nuclear industry and the potential victims of any nuclear catastrophe. The controversies started with its enactment itself in the year 2010  and stirred again during the recent visit of Barack Obama to India in January, 2015, whereby US tried to intimidate Modi into diluting the Act and if that were not done, the US-India Nuclear Agreement (123 Agreements) would not become functional. (more…)

Towards Inclusion

By Pragya Dhoundiyal, Law Center-1, Faculty of Law, Delhi University.

The United Nations was established with the objective of maintaining peace in the world and to prevent any further outbreak of war. To give shape to this objective, the Dumbarton proposal suggested establishment of an executive organ of limited membership whose prime responsibility would be to maintain International Peace and Security. This gave birth to one of the main organs of the United Nations that was the Security Council. It consisted of 15 members, 5 permanent members and 10 non-permanent members, and the non-permanent members were to be elected by the General Assembly for a period of 2 years. The first Security Council came into existence on 12th January, 1946, when it only had 11 members. It was only after 1965, when an amendment was brought about that the number of members was raised to 15. (more…)

Universal Recognition of Seafarers’ Identity: An Astute Development

By Yukti Makan, Symbiosis Law School, Pune.

The International Labor Organization (ILO) is a specialized Agency of the United Nations, established in 1919. It is a tripartite organization, in which representatives of governments, employers and workers take part with equal status. The Seafarers’ Identity Convention was originally formed in 1958, but was later revised in 2003 (No. 185) as a result of the discussions held in the International Maritime Organization (IMO). The Convention was modified to review the procedures and measures to prevent terrorism and also for the safety of crew, passengers and the ships. The Convention No. 185 was adopted expediently for the enhancement of security measures, after the September 2001 events. (more…)

India’s ties with its southern neighbour strengthens: RBI’s Currency Swap Agreement with the Central Bank of Sri Lanka

By Sudipta Purkayastha, Gujarat National Law University.

The Indian Prime Minister Narendra Modi has, since practically the beginning of time, stressed on the importance of maintaining friendly relations with other states, especially those in South Asia.

This March, he lived upto his motto once again, by visiting Sri Lanka for talks aiming at improving bilateral ties between the two nations. The first Indian Prime Minister to visit Sri Lanka on a bilateral basis since 1987, Mr. Modi made a practical gesture of his belief that economic ties are “a key pillar of relationship between the two countries”. Further, the Indian premier has stated that the progress in the relations between the two nations “reflects [a] shared commitment to stronger economic cooperation”. (more…)

The Millennium Development Goals and India: How far along have we come?

By Hita M. Agarwal, WBNUJS, Kolkata.

The millennium year, 2000, or Y2K, as it has come to be known in popular culture – marked an occasion of renewal of hope and aspirations. A new date, meant to many, a chance to shed the burden of the past and aspire for a better future. How then, could an organisation as multifaceted, conscientious and accelerative as the United Nations miss on this singular opportunity and positive atmosphere to further the cause of the unvoiced? (more…)

Transparency and Confidentiality in International Commercial Arbitration: A Dynamic Equilibrium

By Apoorva Mandhani, Symbiosis Law School, Pune.

Arbitration has gradually emerged as the preferred mode for resolution of large commercial and corporate disputes in several jurisdictions. The principle of confidentiality is one of the advantages1, if not the main one, for the increased popularity of international commercial arbitration.

However, a trend favoring transparency2 is catching up. This has added fuel to the constant need to strike a balance between confidentiality and transparency in international commercial arbitration (more…)

A step closer towards being a “Superpower”: China and the Asian Infrastructure Investment Bank

By Sudipta Purkayastha, Gujarat National Law University.

When one talks of financial prowess in the international arena, could it ever be possible to not think instantly of the Asia of this new era? With the West having dominated this field till the very recent past, the Asian countries are now formally contending for the top spot with the creation of their very own Bretton Woods. (more…)

India and Shanghai Cooperation Organisation: The Incredible Benefit

By Vartika Aggarwal, Vivekananda Institute of Professional Studies.

The Shanghai Cooperation Organisation (SCO) established in 2001, aims to improve and strengthen cooperation on trade and culture between member states in Central Asia, strengthen regional security and stability, and create a new order based on regional cooperation and mutual support. The SCO has Russia, China, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan as its permanent members. India has been an observer at SCO since 2005 and has generally participated at the ministerial-level at summits of the grouping which focuses mainly on security and economic cooperation in the Eurasian space. In June 2011, the SCO approved a ‘memorandum of obligation’ which enabled non-member countries to apply for SCO membership. The members of the SCO are often referred to as the ‘club of authoritarians’.  (more…)

India-Kyrgyztan Plan Anti-Terrorism Pact: Reviewing the Geopolitical Scenario

By Aratrika Choudhuri, WBNUJS, Kolkata.

In a move to strengthen its relations with key players in Eurasian geopolitics, India entered into four agreements with Kyrgyzstan on 12th July, 2015, which seek to boost defense cooperation and to recognize the need to combat ‘threats without borders’, such as terrorism and extremism. The agreements signed, clearly embody the spirit of a ‘treaty of good neighborliness’ – they also include a ‘cooperation MoU’ between the election commissions of the two countries, an MoU between Kyrgyzstan’s economy ministry and the Bureau of Indian Standards on cooperation in the field of standards, and an agreement on cooperation in culture. (more…)

The New Development Bank: An Analysis

By Piyush Jain, Rajiv Gandhi National University of Law, Punjab.

The New Development Bank (NDB), formerly referred to as the BRICS Development Bank, is a multilateral development bank operated by the BRICS states (Brazil, Russia, India, China and South Africa) as an alternative to the existing US-dominated World Bank and International Monetary Fund. The bank is set up to foster greater financial and development cooperation among the five emerging markets. The New Development Bank was agreed to by BRICS leaders at the 5th BRICS summit held in Durban, South Africa on 27 March 2013. (more…)