Part I of this article examines how ICJ jurisprudence has expanded the ICAO Council’s jurisdiction under Article 84, critiques this expansion through Justice Franklin Berman’s perspective, and exposes structural ambiguities concerning the Council’s role, limits, and legitimacy, setting the groundwork
Jindal Forum for International and Economic Laws
The Jindal Forum for International and Economic Laws publishes analyses and discussions on international law with a focus on its intersection with economic policies, global inequalities, and post-colonial perspectives. The forum critically examines positivist theories of international law, highlighting their limitations from the viewpoint of the Global South and Third World approaches. It addresses issues such as selective enforcement of international law, climate justice, indigenous rights, and the legacy of imperialism in environmental governance. The forum also explores contemporary challenges to international legal frameworks, including maritime law disputes and the legal implications of artificial islands and climate-induced territorial changes.
Latest from Jindal Forum for International and Economic Laws - Page 2
Reassessing Article 84 of the Chicago Convention: Interpretational Scope and Jurisdictional Limits in ICAO/ICJ Dispute Settlement – Part I
Introduction
One of the most significant developments in the field of aviation law was accomplished with the passage of the Convention on International Civil Aviation (Chicago Convention) in 1944, which still remains in force as binding law. Under the…
Orbiting Chaos: Why International Law Fails to Clean Up the Final Frontier
“…space has its limits/Rockets a launching/Sat’lites are orbitingExplosions in Space/Oh what a waste/Fragments go flying”– S. Thuy Nguyen-Onstott.
Space debris: Growing Mess in Orbit
In June 2022, a fragment of an old Soviet satellite nearly struck the International Space Station.…
In Memoriam: Aryaman Kapoor
It is with great sadness that I share the news of the untimely passing of someone I regarded as my little brother, Aryaman Kapoor. He is mourned chiefly by his parents, Vivek and Sonia Kapoor, and the family and friends…
Third-Party Obligations in the ICJ’s OPT Advisory Opinion: From Principle to Practice
The International Court of Justice (ICJ) Advisory Opinion on the Legal Consequences of Israel’s Policies and Practices in the Occupied Palestinian Territory, including East Jerusalem, is a landmark verdict in international law. The Opinion establishes the illegality of Israeli settlement…
Women, War, and Intersectional Discrimination: International Humanitarian Law and the Israel-Palestine Conflict
Introduction: The Gendered Costs of Armed Conflict
Armed conflict often deepens pre-existing inequalities, subjecting women to multiple, overlapping vulnerabilities. In the Israel–Palestine war, women face extreme gender-based harms: the use of sexual violence as a strategic tool of warfare aimed…
The Politics of Ratification: Afghans and the Illusion of Protection under the Iranian Refugee Framework- Part II
Part I of this piece examined the current state of Afghan refugees in Iran, highlighting how, despite ratification of the Refugee Convention, Iran subjects its refugee population to structural violence, non-consensual deportation, and uses them as political tools to subvert…
The Politics of Ratification: Afghans and the Illusion of Protection under the Iranian Refugee Framework- Part I
Introduction
Iran hosts one of the world’s largest refugee populations-the Afghans. It is a signatory to the 1951 Refugee Convention (“Convention”) and since the opening up of their borders to Afghan refugees, has always portrayed itself as a “brother” to…
The Law by the Hunter for the Hunt: Rethinking Positivist Understandings of International Law from the Lens of the Neglected – Part I
Introduction
In 1884–85, the greatest colonial powers of the world sat together in Berlin to decide the fate of the entire continent of Africa. This meeting, held at the height of the imperial scramble for African territories, left a deep…
The Law by the Hunter for the Hunt: Rethinking Positivist Understandings of International Law from the Lens of the Neglected – Part II
Part I outlined how Austin and Hart, despite their differences, ultimately align on the view that international law derives its authority from acceptance and custom, rather than from any organized system of sanctions. While this account reflects the experiences of…