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Category: Current Online Issue

Sovereign Immunity & Covid-19: China’s Immunity Under the Fsia from Federal Covid-19 Lawsuits

Ishan Shivakumar

Many states have filed lawsuits against the People’s Republic of China in U.S. Federal Courts for allowing coronavirus to spread and for the ensuing consequences. At present, international law and the American SovereignImmunity statute bar such lawsuits against China. Only an amendment to the federal statute that creates an exception for recovery against China for…

Apr 2021

The Seesaw Exercise of Immunity Obligations Under International (Criminal) Law Outside the “Security Council Route”

Vedantha Sai & Winy Daigavane

The International Criminal Court can exercise jurisdiction over Heads of States (“HoS”) that are not party to the Rome Statute provided the alleged offenses are committed in State party territory. However, the problem arises in the enforcement of such jurisdiction as it involves State-to-State interactions in the process of arrest and surrender of the HoS,…

Jan 2021

Defamation in International Law: The Legal Implications of Trump Calling COVID-19 “Chinese Virus”

Geeta Moni & Raghav Srinivas

On March th 2020, President Donald Trump retweeted a tweet referring to the COVID-19 virus as “Chinese Virus.” This sparked a massive, worldwide response both for and against the term. It has led to the increased use of “#Chinesevirus“ on Twitter and sparked significant anti-China sentiments. It has not only affected US-China trade relations but…

Nov 2020

Protection of Foreign-Owned Entities Involved in Deep Seabed Mining—Through International Investment Law vis à vis Investment Arbitration

Swargodeep Sarkar

Deep seabed mining (DSM) has become more accessible with the advancement of modern technology. The exploration and exploitation of oil and gas are some of the most common activities on the seabed. In 1873, during the scientific expedition of the HMS Challenger, scientists first discovered polymetallic nodules on the ocean floor. However, due to lack…

Oct 2020

Political Realities of Recognition of States Contrary to the Bindings of International Law

Kemal Gider

“There are only very few branches of international law which are of greater, or more persistent, interest and significance for the law of nations than the question of Recognition of States. . . . Yet there is probably no other subject in the field of international relations in which law and politics appear to be…

Oct 2020

The Colombian Tale of Two Legal Revolutions

Santiago Garcia-Jaramillo & Daniel Currea-Moncada

This Article focuses on a case study of Colombia’s judicial system by discussing the scope and competence of courts when facing legal revolutions. The term “revolution” is defined narrowly to mean the process of altering an existing constitutional system—either through constitutional amendments, or outside of such process—in order to achieve legal and social transformations. With…

Oct 2020