Asia-Pacific

[This piece was translated and published by BBC India (Hindi) on 22 August. It is for a non-legal audience mainly, and is only focussed on the potential International Court of Justice case on Kashmir.] Pakistan has indicated publicly that it plans to approach the International Court of Justice (ICJ) in relation to Kashmir.  The news of a potential ICJ case on Kashmir arises...

[Anji Manivannan is the Legal Director at People for Equality and Relief in Lanka (PEARL) and a Senior Programs Officer at the World Federalist Movement - Institute for Global Policy (WFM-IGP).]  Introduction May 18th marked the tenth anniversary of the end of the 26-year-long armed conflict between the Government of Sri Lanka (GoSL) and the Liberation Tigers of Tamil Eelam (LTTE). The GoSL’s victory came with the deaths of 70,000–140,000...

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg and a member of the PhD Academy of the Cross Cultural Human Rights Centre, VU Amsterdam.] Introduction With the celebratory dust finally settled, stakeholders are beginning to take stock of the performance of the greatest achievement of the international criminal justice movement, the permanent International Criminal Court (ICC). Tough questions are now...

[Carola Lingaas is an Associate Professor of Law at VID Specialized University in Oslo (Norway). She earned her PhD in November 2017 from the University of Oslo with a thesis on ‘The Concept of Race in International Criminal Law’, which is under contract for publication by Routledge.] Introduction In November 2018, the Extraordinary Chambers of the Courts in Cambodia (ECCC) rendered its judgment in the case 002/02 against the former senior...

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is part two of a two-part post. Part I can be found here.]   On the Question of Remedies Arguably, it is here that the case assumed critical importance not just for jurisprudence of international law as such but also for the parties...

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is the first part of a two-part post.]   As the International Court of Justice (ICJ/Court) began to hand down its decision on the Jadhav case, it became almost certain that the ruling will be on predictable...

The Kulbhushan Jadhav case – between India and Pakistan at the International Court of Justice – will be decided today. India initiated proceedings  before the ICJ on May 8, 2017 relating to the arrest, detention and sentencing to death of Jadhav.  While the facts are disputed, here are the basics: Pakistan alleges that Jadhav is a serving Indian naval officer, who at...

[Craig Martin is a Professor of Law and Co-Director of the International and Comparative Law Center, at Washburn University School of Law. He is a frequent visiting lecturer at Osaka University, Graduate School of Law and Politics.] In the wake of the recent attacks on shipping in the Persian Gulf, there has been considerable discussion about Europe’s difficult position amidst the escalating tension between the United States...

[Rawan Arraf is an Australian lawyer and founder and director of the Australian Centre for International Justice. This post represents the personal view of the author and does not necessarily reflect the views of the Australian Centre for International Justice. ACIJ is not associated with the litigation mentioned in this post but volunteered to provide research assistance to the plaintiff’s...

[Matthew S. Erie is an Associate Professor of Modern Chinese Studies and a Fellow at St. Cross College at the University of Oxford.] In 2018, China began setting up the China International Commercial Court (CICC), the first judicial institution in the People’s Republic of China (PRC) specifically designed to adjudicate cross-border commercial disputes touching on matters of foreign law. The CICC is also regarded as...

[Nikhil Purohit is a law student at the National Law School of India University in Bangalore, India and the Chief Editor of the Indian Journal of Law and Technology.] India recently tested an Anti-satellite (ASAT) missile by shooting down one of its own satellites. In public announcements, this move was touted as necessary in boosting the defence of space assets of the country. With...