OF INT IETY ER C NA O T S I N O A N I A The Indian Society D L N I L

A E

W

H T of International Law 1959 N E W S L E T T E R

VOL. 16, No. 2-3, April - September 2017 For members only

President Dr. E. M. Sudarsana Natchiappan Editorial filed its Request for the indication of provisional measures on 8 Secretary General May 2017, and initiated proceedings against Pakistan in a dispute S. K. Verma concerning alleged violations of Article 36 of the Vienna Convention Vice Presidents on Consular Relations (VCCR) of 24 April 1963 with respect to an Luther Rangreji Indian national, Mr. Jadhav, sentenced to death in Pakistan. The A. K. Ganguli Court begins by considering whether it has jurisdiction prima facie to B. C. Nirmal hear the case. It recalls that India seeks to ground its jurisdiction in Article I of the Optional Protocol to the Vienna Convention, which Treasurer provides that the Court has jurisdiction over “[d]isputes arising out of V.G. Hegde the interpretation or application of the Vienna Convention”. In this regard, the Court notes that the Parties do indeed appear to have differed, and still differ today, on the question of India's consular assistance to Mr. Jadhav under the Vienna Research & Teaching Wing Convention. It further notes that the acts alleged by India, i.e., the alleged failure by Pakistan to provide the Vinai Kumar Singh requisite consular notifications with regard to the arrest and detention of Mr. Jadhav, as well as the alleged Anwar Sadat failure to allow communication and provide access to him, appear to be capable of falling within the scope of Parineet Kaur the Convention. (1) In the view of the Court, this is sufficient to establish that it has prima facie jurisdiction Kanika Sharma under Article I of the Optional Protocol. The Court further observes that the existence of a 2008 bilateral Agreement between the Parties on consular relations does not change its conclusion on jurisdiction. (2) The Court then turns to the question whether the rights alleged by India are at least plausible. It observes that the rights to consular notification and access between a State and its nationals, as well as the obligations of the detaining State to inform the person concerned without delay of his rights with regard to consular assistance and to allow their exercise, are recognized in Article 36, paragraph 1, of the Vienna Convention, and that India has alleged violations of this provision. In the view of the Court, therefore, it INSIDE appears that the rights alleged by India are plausible. (3) The Court then focuses on the issue of the link Recent Activities ...... 2-4 between the rights claimed and the provisional measures requested. It considers that the measures requested are aimed at ensuring that the rights contained in Article 36, paragraph 1, of the Vienna Recent Developments Convention, are preserved. Therefore, a link exists between the rights claimed by India and the provisional in International Law ...... 4-8 measures being sought. (4) The Court then examines whether there is a risk of irreparable prejudice and Forthcoming Events ...... 8 urgency. It considers that the mere fact that Mr. Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India. The Court further observes that Pakistan has indicated that any execution of Mr. Jadhav would probably not take place before the month of August 2017. This means that there is a risk that an execution could take place at any moment thereafter, before the Court has given its final decision in the case. The Court also notes that Pakistan has given no assurance that Mr. Jadhav will not be executed before the Court has rendered its final decision. In those circumstances, the Court is satisfied that there is urgency in the present case. The Court concludes by indicating the following measures: Pakistan shall take all measures Published by: at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings and The Indian Society of International shall inform the Court of all the measures taken in implementation of the present Order. The Court also Law decides that, until it has given its final decision, it shall remain seised of the matters which form the subject- V.K. Krishna Menon Bhawan, matter of this Order. 9, Bhagwan Das Road, The Court was composed as follows: President Abraham; Judges Owada, Cançado Trindade, Xue, New - 110001 (INDIA) Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian; Registrar Couvreur. Judge Tel.: 23389524, 23384458-59 Fax: 23383783 Cançado Trindade appends a separate opinion to the Order of the Court; Judge Bhandari appends a E-mail: [email protected] Website: www.isil-aca.org declaration to the Order of the Court. Dr. E. M. Sudarsana Natchiappan RECENT ACTIVITIES RECENT ACTIVITIES

RECENT ACTIVITIES Teaching in International Law” chaired by Prof. S. K. Verma, th 46 Annual Conference of the Secretary General, ISIL. Panelists ISIL including Prof. V. N. Jauhar, former The Indian Society of International Vice Chancellor, Agra University, Law (ISIL) organized its 46th Annual Agra, Prof. B. C. Nirmal, Vice Conference on 29-30 April 2017 at Chancellor, NUSRL, Ranchi, Prof. its premises. More than 150 Lakshmi Jambholkar, former delegates comprising law faculty Professor, , Delhi members, researchers, students and Dr. Benarji Ch., Symbiosis and lawyers from different parts of Law School, Hyderabad presented the country and representatives their papers. Finally, Dr. E. M. S. from several embassies and the Natchiappan, gave valedictory ministries participated in the School, Hyderabad, Dr. Sreejith S. G., “Complementary Jurisdiction and address and proposed a formal Conference. Prof. B. C. Nirmal, Associate Professor, Jindal Global Future of ICC”; “India and vote of thanks. The Annual Vice Chancellor, NUSRL, Ranchi Law School, Sonipat and Capt. J. S. International Criminal Court: A Conference concluded with General Addl. Secretary (Retd.), MEA, International Peace and Security inaugurated the Conference. Prof. Gill, Ex Governing Body Member, ISIL Relationship Not Feasible”; and Body Meeting held at 2.30 pm on on 9 June 2017. Law, with funding from the Nirmal highlighted importance of presented their paper on “50 Years “Challenges in Making ICC More 30 April 2017. Hon'ble Justice Prathiba Singh, Norwegian Ministry of Foreign Relevant: Addressing Sovereign of OST Session”; “Protection of the th Judge, Delhi High Court gave Affairs and the International identified themes of the Conference. 16 Summer Course on Inter- Space Environment: The Legal Needs by Expanding Jurisdiction” valedictory address and also Nuremberg Principles Academy, He wished the Conference a great national Law success. Dr. E. M. S. Natchiappan, Framework for Space Programmes respectively. distributed the certificate to the organized seminar on “Philosophical th President, ISIL welcomed the Chief of Tomorrow”; “Death of the The third session was held on The ISIL organized its 16 Summer participants. Foundations of International Astronauts in Space Law”: and “High Course on International Law at its Criminal Law: Its Intellectual Roots, Guest and the participants. Prof. S. the theme “Indian Citizenship Seminar on Philosophical K. Verma, Secretary General, ISIL Seas Analogy and Outer Space” premises from 29 May – 9 June Related Limits and Potential” at the Amendment Bill 2016 and South Foundations of International briefly outlined the scheme of the respectively. Second session of the Asian States” chaired by Dr. E. M. S. 2017 and the Course was attended Indian Law Institute on 25-26 Criminal Law: Its Intellectual Conference and proposed a formal Annual Conference was held on Natchiappan, President, ISIL and by 300 participants from many August 2017. Hon'ble Justice Roots, Related Limits and Potential vote of thanks. “Future of International Criminal Co-chaired by Shri Sanjay Parikh, parts of India. The Course was Madan Lokur, Judge, Supreme Court” chaired by Prof. B. C. Nirmal, intended to update the knowledge Court of India, inaugurated the Four sessions were organized to Advocate, Supreme Court of India. The CILRAP the Centre for International Vice Chancellor, NUSRL, Ranchi and of international law among seminar. discuss four themes. The first Eminent panelists namely, Prof. Law Research and Policy co- Co-chaired by Prof. Manoj Kumar students. The Course was session (morning) held on 29 April Abdul Rahim Vijapur, Professor, organized with the Indian Law Convocation and Inauguration Sinha, Director, Indian Law Institute, AMU, Aligarh, Dr. K. M. Parivelan, inaugurated by Dr. Neeru Chadha, Institute, University of Delhi Campus 2017 focusing on “50 Years of the New Delhi. Eminent panelists namely of the P. G. Diploma Courses Outer Space Treaty” was chaired by TISS, Mumbai and Dr. Daya Devi & Law Centre, the Indian Society of Dr. Srinvias Burra, Assistant ISIL organized the Convocation for Dr. Luther Rangreji, Director, Legal Ms. Prabha Bhati, RNT Law College, International Law, National Law Professor, SAU, New Delhi; awarding of Post Graduate Diploma and Treaties Division, MEA and Co- Gandhinagar on following topics University, Delhi, O.P. Jindal Global Dr. Rashmi Salpekar, Dean, Certificates on 1 September 2017. chaired by Dr. V. Gopalakrishnan, “Durable Solution to Refugees: University, Asian-African Legal VIPS Law School, New Delhi, The ceremony was also marked to Policy Analyst, ISRO, Bangalore Problem in India”; “Sri Lankan Consultative Organization, Peking Dr. Ananya Chakraborty, Assistant inaugurate the Post Graduate who also gave key note address in Refugees in India: Durable University International Law Institute, Professor, NLU, Odisha and Vishal Diploma Courses academic session the session. Eminent panelists Solutions”; and “The Citizenship Waseda University Law School, the Sharma, Assistant Professo, Galgotia 2017-18 conducted by the Indian namely Dr. G. S. Sachdeva, Visiting (Amendment) Bill 2016 and South Grotius Centre for International Legal University, Greater Noida presented Academy of International Law Professor, NALSAR, Hyderabad, Asian Refugees”. The fourth and S t u d i e s , t h e U n i v e r s i t y o f their papers “Is Individual Criminal and Diplomacy, a teaching wing of Dr. Benarji Ch., Symbiosis Law last session was held on 30 April Nottingham, and the Institute for R e s p o n s i b i l i t y i n C r i s i s ? ” ; 2017 on the theme “Research and

2 April - September 2017 April - September 2017 3 RECENT ACTIVITIES RECENT ACTIVITIES

RECENT ACTIVITIES Teaching in International Law” chaired by Prof. S. K. Verma, th 46 Annual Conference of the Secretary General, ISIL. Panelists ISIL including Prof. V. N. Jauhar, former The Indian Society of International Vice Chancellor, Agra University, Law (ISIL) organized its 46th Annual Agra, Prof. B. C. Nirmal, Vice Conference on 29-30 April 2017 at Chancellor, NUSRL, Ranchi, Prof. its premises. More than 150 Lakshmi Jambholkar, former delegates comprising law faculty Professor, Delhi University, Delhi members, researchers, students and Dr. Benarji Ch., Symbiosis and lawyers from different parts of Law School, Hyderabad presented the country and representatives their papers. Finally, Dr. E. M. S. from several embassies and the Natchiappan, gave valedictory ministries participated in the School, Hyderabad, Dr. Sreejith S. G., “Complementary Jurisdiction and address and proposed a formal Conference. Prof. B. C. Nirmal, Associate Professor, Jindal Global Future of ICC”; “India and vote of thanks. The Annual Vice Chancellor, NUSRL, Ranchi Law School, Sonipat and Capt. J. S. International Criminal Court: A Conference concluded with General Addl. Secretary (Retd.), MEA, International Peace and Security inaugurated the Conference. Prof. Gill, Ex Governing Body Member, ISIL Relationship Not Feasible”; and Body Meeting held at 2.30 pm on Government of India on 9 June 2017. Law, with funding from the Nirmal highlighted importance of presented their paper on “50 Years “Challenges in Making ICC More 30 April 2017. Hon'ble Justice Prathiba Singh, Norwegian Ministry of Foreign Relevant: Addressing Sovereign of OST Session”; “Protection of the th Judge, Delhi High Court gave Affairs and the International identified themes of the Conference. 16 Summer Course on Inter- Space Environment: The Legal Needs by Expanding Jurisdiction” valedictory address and also Nuremberg Principles Academy, He wished the Conference a great national Law success. Dr. E. M. S. Natchiappan, Framework for Space Programmes respectively. distributed the certificate to the organized seminar on “Philosophical th President, ISIL welcomed the Chief of Tomorrow”; “Death of the The third session was held on The ISIL organized its 16 Summer participants. Foundations of International Astronauts in Space Law”: and “High Course on International Law at its Criminal Law: Its Intellectual Roots, Guest and the participants. Prof. S. the theme “Indian Citizenship Seminar on Philosophical K. Verma, Secretary General, ISIL Seas Analogy and Outer Space” premises from 29 May – 9 June Related Limits and Potential” at the Amendment Bill 2016 and South Foundations of International briefly outlined the scheme of the respectively. Second session of the Asian States” chaired by Dr. E. M. S. 2017 and the Course was attended Indian Law Institute on 25-26 Criminal Law: Its Intellectual Conference and proposed a formal Annual Conference was held on Natchiappan, President, ISIL and by 300 participants from many August 2017. Hon'ble Justice Roots, Related Limits and Potential vote of thanks. “Future of International Criminal Co-chaired by Shri Sanjay Parikh, parts of India. The Course was Madan Lokur, Judge, Supreme Court” chaired by Prof. B. C. Nirmal, intended to update the knowledge Court of India, inaugurated the Four sessions were organized to Advocate, Supreme Court of India. The CILRAP the Centre for International Vice Chancellor, NUSRL, Ranchi and of international law among seminar. discuss four themes. The first Eminent panelists namely, Prof. Law Research and Policy co- Co-chaired by Prof. Manoj Kumar students. The Course was session (morning) held on 29 April Abdul Rahim Vijapur, Professor, organized with the Indian Law Convocation and Inauguration Sinha, Director, Indian Law Institute, AMU, Aligarh, Dr. K. M. Parivelan, inaugurated by Dr. Neeru Chadha, Institute, University of Delhi Campus 2017 focusing on “50 Years of the New Delhi. Eminent panelists namely of the P. G. Diploma Courses Outer Space Treaty” was chaired by TISS, Mumbai and Dr. Daya Devi & Law Centre, the Indian Society of Dr. Srinvias Burra, Assistant ISIL organized the Convocation for Dr. Luther Rangreji, Director, Legal Ms. Prabha Bhati, RNT Law College, International Law, National Law Professor, SAU, New Delhi; awarding of Post Graduate Diploma and Treaties Division, MEA and Co- Gandhinagar on following topics University, Delhi, O.P. Jindal Global Dr. Rashmi Salpekar, Dean, Certificates on 1 September 2017. chaired by Dr. V. Gopalakrishnan, “Durable Solution to Refugees: University, Asian-African Legal VIPS Law School, New Delhi, The ceremony was also marked to Policy Analyst, ISRO, Bangalore Problem in India”; “Sri Lankan Consultative Organization, Peking Dr. Ananya Chakraborty, Assistant inaugurate the Post Graduate who also gave key note address in Refugees in India: Durable University International Law Institute, Professor, NLU, Odisha and Vishal Diploma Courses academic session the session. Eminent panelists Solutions”; and “The Citizenship Waseda University Law School, the Sharma, Assistant Professo, Galgotia 2017-18 conducted by the Indian namely Dr. G. S. Sachdeva, Visiting (Amendment) Bill 2016 and South Grotius Centre for International Legal University, Greater Noida presented Academy of International Law Professor, NALSAR, Hyderabad, Asian Refugees”. The fourth and S t u d i e s , t h e U n i v e r s i t y o f their papers “Is Individual Criminal and Diplomacy, a teaching wing of Dr. Benarji Ch., Symbiosis Law last session was held on 30 April Nottingham, and the Institute for R e s p o n s i b i l i t y i n C r i s i s ? ” ; 2017 on the theme “Research and

2 April - September 2017 April - September 2017 3 RECENT ACTIVITIES RECENT ACTIVITIES/DEVELOPMENTS

17 th Henry Dunant Memorial Monthly Discussion Forum the suit that it should not be blamed installed software that make it for the admittedly tragic results, easier to stream pirated content Moot Court Competition 2017 “Israel-Palestine Conflict and arguing the burden of compensation may violate an European Union (EU) 17th Henry Dunant Memorial the Issue of Settlement/Land”, should not be placed on governments copyright protection directive. The Moot Court Competition 2017 by Dr. Khinvraj Jangid, Assistant that reacted to terrorist attacks. The court determined that the sale of was held on 21-24 September Professor, Jindal School of court held that Russia's authorities such multimedia players, often 2017 at the ISIL. The Competition International Affairs, O. P. Jindal had specific information linked to a including popular so-called was inaugurated by Hon'ble Global Universtiy, Sonipat, 7 April planned attack in the area, and failed "streaming sticks," constitute a Justice Madan B. Lokur, Judge, 2017 to take reasonable preventive "communication to the public" that Supreme Court of India. 61 teams Discussion on “Doklam-China's measures to protect schools. Further, falls within the definition of the participated in the Competition. Strategic Calculus: India's Options", authorities refused to give families of statute, which is prohibited. The Competition was conducted in by Major General Dr. G. G. Dwivedi the victims access to important Because the purpose of the directive three stages, quarter-final, semi- (Retd.), Faculty of International information after the tragedy. The was to create a high level of final and final rounds. The Studies, Aligarh Muslim university, court ordered Russia to pay nearly €3 protection for authors, the court participants were judged on the on 08 September 2017 million to the families of the victims. held that "communication to the basis of written memorials, Visit of Law Students public" must be interpreted broadly. appreciation of facts and law, Russia's human rights record has The court also found that even Intellectual Property Rights Law; advocacy skills, use of authorities 46 students of LLB Final semester been troubling to international rights the Indian Society of International temporary acts of reproduction of and Ms. Sukanya Singh topped and and citations, general impression 2016 of Sunderdeep Law College, groups for some time. In February the Law. The Chief Guest Hon'ble copyrighted work by streaming on a received certificate for securing and court manners. Eminent Gaziabad visited to ISIL on 29 ECHR orderedRussia to pay more Justice S. Ravindra Bhat, Delhi High third party website that offers the Court delivered the inaugural and highest marks in the P G Diploma professors, legal officers and September 2017. than €63,000 to Alexander Navalny, a political opposition leader, for work without the copyright holder's convocation address. Ms. Sunethra Course on International Environ- international law scholars judged 74 students of the 5yrs BA/BBA/ multiple arrests that infringed his consent cannot be exempted from Sathyanarayanan received V. K. mental Law. the teams in preliminary, quarter- B.COM LL.B Course AND 3yrs LL.B right to peaceful assembly. In January the right of reproduction. Krishna Menon Memorial Prize for final and semi-final rounds. course, along with 2 faculty Two Day Workshop on "New the US sanctioned five Russian File-sharing sites and the sharing of securing the highest marks in the Institute of Law, NIRMA University, members of the Indian Institute of Vistas of Sports Law: Challenges officials for human rights abuses copyrighted materials continue to Post Graduate Diploma Course in Gujarat and GNLU, Gandhinagar, Legal Studies, Siliguri, Darjeeling, and Opportunities” stemming from the suspicious death be a global issue. Last month the US International Law and Diplomacy; Gujarat were the winner and runner WB visited to the ISIL on 10 August of a Russian lawyer. Russia's Supreme Court declined to hear an Mrs. Indira Murthy Bhattiprolu ISIL and SGTB, Khalsa College, up of the Competition respectively. 2017 response to terrorism attacks has appeal from record companies that received K. Krishna Rao Memorial University of Delhi organized Two- Mansvini Jain, National Law School RECENT DEVELOPMENTS also been troubling. In June 2016 the want to pursue a copyright Prize for securing the highest marks day Workshop on “New Vistas of of India University, Bangalore was Russian Parliament passed a series of infringement case against music in the Post Graduate Diploma Sports Law: Challenges and adjudged the Best Advocate; Piyush ECHR: Russia violated rights anti-terrorism laws that severely site Vimeo for hosting music by Course in International Trade and Opportunities” on 9-10 September Langade, Maharshtra National laws in 2004 hostage raid curtail certain religious activities and classic artists. In February the Business Law; Mr. Zahir Uddin 2017. The Course was inaugurated Law University, Mumbai won the The European Court of Human create fines for those who refuse to Swedish Court of Patent Appeals Babur received Judge Nagendra by Mrs. Rekha Yadav, Secretary, Best Researcher award and Rights (ECHR) on 13th April 2017 allow law enforcement officials to and the Market Court, an appellate Singh Memorial Prize for securing Railway Sport Promotion Board, National University of Study and unanimously held that Russia read private messages. court with exclusive jurisdiction the highest marks in the Post New Delhi. It was attended by 55 Research in Law (NUSRL), Rachi violated European human rights over intellectual property cases, Graduate Diploma Course in Human students. Valedictory address was won Best Memorial award in laws when it raided a terrorist-held European Court of Justice rules ordered [judgment, PDF, in Rights, International Humanitarian given by Hon'ble Shri Prahalad this Competition. Hon'ble Mrs. school in the Russian town of sale of devices that make piracy Swedish] an Internet service and Refugee Law; Mr. Aditya Singh Patel, MP (Lok Sabha), Jyotika Kalra, Member, NHRC gave Beslan in 2004, leading to the death easier may violate copyright law provider (ISP) to block access to the Pushkal Khanna received M. K. President, Sports Law and Welfare the valedictory address on the of more than 330 civilian hostages. The European Court of Justice on 26 file-sharing site The Pirate Bay and Nawaz Memorial Prize in the Post Assocaiton of India. occasion. More than 180 children were killed April 2017 ruled that devices with pre- the streaming site Swefilmer. In Graduate Diploma Course on in the attack. Russia contended in

4 April - September 2017 April - September 2017 5 RECENT ACTIVITIES RECENT ACTIVITIES/DEVELOPMENTS

17 th Henry Dunant Memorial Monthly Discussion Forum the suit that it should not be blamed installed software that make it for the admittedly tragic results, easier to stream pirated content Moot Court Competition 2017 “Israel-Palestine Conflict and arguing the burden of compensation may violate an European Union (EU) 17th Henry Dunant Memorial the Issue of Settlement/Land”, should not be placed on governments copyright protection directive. The Moot Court Competition 2017 by Dr. Khinvraj Jangid, Assistant that reacted to terrorist attacks. The court determined that the sale of was held on 21-24 September Professor, Jindal School of court held that Russia's authorities such multimedia players, often 2017 at the ISIL. The Competition International Affairs, O. P. Jindal had specific information linked to a including popular so-called was inaugurated by Hon'ble Global Universtiy, Sonipat, 7 April planned attack in the area, and failed "streaming sticks," constitute a Justice Madan B. Lokur, Judge, 2017 to take reasonable preventive "communication to the public" that Supreme Court of India. 61 teams Discussion on “Doklam-China's measures to protect schools. Further, falls within the definition of the participated in the Competition. Strategic Calculus: India's Options", authorities refused to give families of statute, which is prohibited. The Competition was conducted in by Major General Dr. G. G. Dwivedi the victims access to important Because the purpose of the directive three stages, quarter-final, semi- (Retd.), Faculty of International information after the tragedy. The was to create a high level of final and final rounds. The Studies, Aligarh Muslim university, court ordered Russia to pay nearly €3 protection for authors, the court participants were judged on the on 08 September 2017 million to the families of the victims. held that "communication to the basis of written memorials, Visit of Law Students public" must be interpreted broadly. appreciation of facts and law, Russia's human rights record has The court also found that even Intellectual Property Rights Law; advocacy skills, use of authorities 46 students of LLB Final semester been troubling to international rights the Indian Society of International temporary acts of reproduction of and Ms. Sukanya Singh topped and and citations, general impression 2016 of Sunderdeep Law College, groups for some time. In February the Law. The Chief Guest Hon'ble copyrighted work by streaming on a received certificate for securing and court manners. Eminent Gaziabad visited to ISIL on 29 ECHR orderedRussia to pay more Justice S. Ravindra Bhat, Delhi High third party website that offers the Court delivered the inaugural and highest marks in the P G Diploma professors, legal officers and September 2017. than €63,000 to Alexander Navalny, a political opposition leader, for work without the copyright holder's convocation address. Ms. Sunethra Course on International Environ- international law scholars judged 74 students of the 5yrs BA/BBA/ multiple arrests that infringed his consent cannot be exempted from Sathyanarayanan received V. K. mental Law. the teams in preliminary, quarter- B.COM LL.B Course AND 3yrs LL.B right to peaceful assembly. In January the right of reproduction. Krishna Menon Memorial Prize for final and semi-final rounds. course, along with 2 faculty Two Day Workshop on "New the US sanctioned five Russian File-sharing sites and the sharing of securing the highest marks in the Institute of Law, NIRMA University, members of the Indian Institute of Vistas of Sports Law: Challenges officials for human rights abuses copyrighted materials continue to Post Graduate Diploma Course in Gujarat and GNLU, Gandhinagar, Legal Studies, Siliguri, Darjeeling, and Opportunities” stemming from the suspicious death be a global issue. Last month the US International Law and Diplomacy; Gujarat were the winner and runner WB visited to the ISIL on 10 August of a Russian lawyer. Russia's Supreme Court declined to hear an Mrs. Indira Murthy Bhattiprolu ISIL and SGTB, Khalsa College, up of the Competition respectively. 2017 response to terrorism attacks has appeal from record companies that received K. Krishna Rao Memorial University of Delhi organized Two- Mansvini Jain, National Law School RECENT DEVELOPMENTS also been troubling. In June 2016 the want to pursue a copyright Prize for securing the highest marks day Workshop on “New Vistas of of India University, Bangalore was Russian Parliament passed a series of infringement case against music in the Post Graduate Diploma Sports Law: Challenges and adjudged the Best Advocate; Piyush ECHR: Russia violated rights anti-terrorism laws that severely site Vimeo for hosting music by Course in International Trade and Opportunities” on 9-10 September Langade, Maharshtra National laws in 2004 hostage raid curtail certain religious activities and classic artists. In February the Business Law; Mr. Zahir Uddin 2017. The Course was inaugurated Law University, Mumbai won the The European Court of Human create fines for those who refuse to Swedish Court of Patent Appeals Babur received Judge Nagendra by Mrs. Rekha Yadav, Secretary, Best Researcher award and Rights (ECHR) on 13th April 2017 allow law enforcement officials to and the Market Court, an appellate Singh Memorial Prize for securing Railway Sport Promotion Board, National University of Study and unanimously held that Russia read private messages. court with exclusive jurisdiction the highest marks in the Post New Delhi. It was attended by 55 Research in Law (NUSRL), Rachi violated European human rights over intellectual property cases, Graduate Diploma Course in Human students. Valedictory address was won Best Memorial award in laws when it raided a terrorist-held European Court of Justice rules ordered [judgment, PDF, in Rights, International Humanitarian given by Hon'ble Shri Prahalad this Competition. Hon'ble Mrs. school in the Russian town of sale of devices that make piracy Swedish] an Internet service and Refugee Law; Mr. Aditya Singh Patel, MP (Lok Sabha), Jyotika Kalra, Member, NHRC gave Beslan in 2004, leading to the death easier may violate copyright law provider (ISP) to block access to the Pushkal Khanna received M. K. President, Sports Law and Welfare the valedictory address on the of more than 330 civilian hostages. The European Court of Justice on 26 file-sharing site The Pirate Bay and Nawaz Memorial Prize in the Post Assocaiton of India. occasion. More than 180 children were killed April 2017 ruled that devices with pre- the streaming site Swefilmer. In Graduate Diploma Course on in the attack. Russia contended in

4 April - September 2017 April - September 2017 5 RECENT DEVELOPMENTS RECENT DEVELOPMENTS

December the Federal Court of Climate concerns and solutions are harmonising standards and to ECOSOC came just a day after 14 allocated to African states, 11 to Wolfrum (Germany). As with the ICJ Australia ordered an ISP to block still a contested issue. The US boosting transport, trade and leading expert on international law Asian states, six to Eastern European and the ICC, ITLOS judges serve for five named companies and all their rejected a measure that would development across South Asia. Neeru Chadha won a crucial election states, ten to Latin American and a term of 9 years. related websites. The same issue rollback methane gas regulations. China was the last TIR contracting to the International Tribunal for the Caribbean states and 13 to Western PCA Arbitration between the was decided by Irish and Dutch The Trump administration in March party who acceded to the Law of the Sea, becoming the first European and other states. Republic of Croatia and the courts in 2013 and 2014, where the asked the US Court of Appeals for Convention. The accession to the Indian woman to be elected as judge courts came to different results. the District of Columbia Circuit to TIR Convention is part of India's to the tribunal. Chadha got 120 Dr. Nerru Chadha elected as the Republic of Slovenia Judge of the ITLOS US signs Climate Change postpone ruling on the Obama multi-modal transport strategy that votes, the highest in the Asia Pacific On 4 November 2009, the Prime Declaration administration's climate change aims to integrate the economy with group and was elected in the first Dr. Neeru Chadha, Life Member of the Ministers of Croatia and Slovenia regulations. Also in March, US global and regional production round of voting itself. India was ISIL and Former Addl. Secretary, signed an Arbitration Agreement, US Secretary of State Rex Tillerson President Donald Trump signed an networks through better connectivity, seeking re-election to ECOSOC as MEA, Govt of India has been elected by which Croatia and Slovenia signed the Fairbanks Declaration executive order reforming the IRU said in a statement. its current term is set to expire this as the Judge of the International submitted their territorial and to affirm protection of the arctic previous administration's energy year. Pakistan, whose term on the Tribunal for the Law of the Sea maritime dispute to arbitration. climate on 12th May 2017. The TIR will help India to integrate with policies. UN human rights experts council is expiring this year, too was (ITLOS), becoming the first Indian The Arbitration Agreement was move was a part of the 10th Arctic Myanmar and Thailand as well as called on global leaders in February to seeking re-election to the UN body woman to be elected to ITLOS. On 14 subsequently ratified by Croatia Council Ministerial Meeting with Bangladesh, Bhutan and Neapl. It take urgent action on air pollution to but lost as it got only one vote. June 2017 seven Members of the and Slovenia in accordance with goals to maintain peace, stability will also enable India to move cargo ensure world citizens enjoy what the Having obtained the required two- International Tribunal for the Law of their respective constitutional and constructive cooperation in along the International North-South UN calls "the human rights to life and thirds majority, the nations elected the Sea were elected at the twenty- procedures. Article 3 of the the Arctic. The signing of the Transport Corridor via Chabahar health in environments free from members of ECOSOC for a three- seventh Meeting of States Parties to Arbitration Agreement tasks the declaration included reaffirming the port in Iran, to access land-locked contamination. year term beginning January 1, the Convention on the Arbitral Tribunal to determine (a) threat of climate change and a Afghanistan and the energy rich st 2018 are Belarus, Ecuador, El Law of the Sea in New York. The “the course of the maritime and land promise to work together to solve India becomes 71 country to ratify Eurasian region. The United Nations Salvador, France, Germany, Ghana, States Parties re-elected the following boundary between the Republic of issues facing the Arctic region. The UN International Convention on has said the TIR Convention will India, Ireland, Japan, Malawi, two Members: Judge Boualem Slovenia and the Republic of Arctic is warming at more than Road Transport (TIR): come into force in India in six Mexico, Morocco, Philippines, Bouguetaia (Algeria) and Judge José Croatia”; (b) “Slovenia's junction to twice the rate of the global average, months and IRU will begin work India on 19th June has become the Spain, Sudan, Togo, Turkey and Luís Jesus (Cabo Verde). In addition, the High Sea”; and (c) “the regime note with concern that the pace and with Indian partners on training, 71st country to ratify the United Uruguay. France, Germany, Ghana, the Meeting elected five new judges for the use of the relevant maritime scale of continuing Arctic warming development and outreach efforts Nations TIR Convention, that will Ireland and Japan were among taking up their seats on the 1st of areas.” will depend on future emissions of to facilitate prompt implementation. boost trade and regional integration nations seeking re-election. October 2017 will be: Mr Oscar greenhouse gases and short-lived An arbitral tribunal, constituted across South Asia and beyond, fast- India re-elected to United ECOSOC, one of the six main organs Cabello Sarubbi (Paraguay), climate pollutants, reiterate the under the auspices of the Permanent tracking the region's potential to Nations Economic and Social of the UN, is the principal body Ms Neeru Chadha (India), Mr importance of global action to Court of Arbitration, issued its final become a strategic trade hub. Council for coordination, policy review, Kriangsak Kittichaisaree (Thailand), reduce both greenhouse gases and and unanimous award in the Croatia policy dialogue and recommenda- Mr Roman Kolodkin (Russian short-lived climate pollutants to TIR is the global standard for goods India has been re-elected to the v. Slovenia case on 29 June 2017. tions on economic, social and Federation), and Ms Liesbeth mitigate climate change, and call customs transit managed and UN's principal organ on economic, The arbitration concerned a environmental issues, as well as for the Arctic Council to undertake developed by International Road social and environmental issues for Lijnzaad (The Netherlands). Two territorial and maritime dispute for implementation of the inter- additional analyses to contribute Transport Union (IRU) the world another three-year term on 15th of the seven judges elected are between Croatia and Slovenia. nationally agreed development to the assessment reports of road transport organisation. June. India was among 18 nations women Dr. Neeru Chadha and Ms Major part of decision are placed goals. The council's 54 member the Intergovernmental Panel on to win election to the Economic and Liesbeth Lijnzaad, An interesting here that related to the maritime Speaking on India's Acceptance of the governments are elected by the Climate Change and continued Social Council (ECOSOC). India development in the current ITLOS delimitation issues. body IRU Secretary General Umberto General Assembly for overlapping election is the failure of two serving collaboration with all levels of obtained 183 votes, the second The Arbitration Agreement is unique de Pretto said, “I am delighted to three-year terms. Seats on the judges to be re-elected: Judges governments The measure is not highest after Japan in the Asia because it is the first intra-state welcome India into the TIR family of council are allotted based on binding on the US or any partner. Pacific category. India's re-election Joseph Akl (Lebanon) and Rudiger nations. This is an important step in geographical representation with arbitration agreement of its kind to

6 April - September 2017 April - September 2017 7 RECENT DEVELOPMENTS RECENT DEVELOPMENTS

December the Federal Court of Climate concerns and solutions are harmonising standards and to ECOSOC came just a day after 14 allocated to African states, 11 to Wolfrum (Germany). As with the ICJ Australia ordered an ISP to block still a contested issue. The US boosting transport, trade and leading expert on international law Asian states, six to Eastern European and the ICC, ITLOS judges serve for five named companies and all their rejected a measure that would development across South Asia. Neeru Chadha won a crucial election states, ten to Latin American and a term of 9 years. related websites. The same issue rollback methane gas regulations. China was the last TIR contracting to the International Tribunal for the Caribbean states and 13 to Western PCA Arbitration between the was decided by Irish and Dutch The Trump administration in March party who acceded to the Law of the Sea, becoming the first European and other states. Republic of Croatia and the courts in 2013 and 2014, where the asked the US Court of Appeals for Convention. The accession to the Indian woman to be elected as judge courts came to different results. the District of Columbia Circuit to TIR Convention is part of India's to the tribunal. Chadha got 120 Dr. Nerru Chadha elected as the Republic of Slovenia Judge of the ITLOS US signs Climate Change postpone ruling on the Obama multi-modal transport strategy that votes, the highest in the Asia Pacific On 4 November 2009, the Prime Declaration administration's climate change aims to integrate the economy with group and was elected in the first Dr. Neeru Chadha, Life Member of the Ministers of Croatia and Slovenia regulations. Also in March, US global and regional production round of voting itself. India was ISIL and Former Addl. Secretary, signed an Arbitration Agreement, US Secretary of State Rex Tillerson President Donald Trump signed an networks through better connectivity, seeking re-election to ECOSOC as MEA, Govt of India has been elected by which Croatia and Slovenia signed the Fairbanks Declaration executive order reforming the IRU said in a statement. its current term is set to expire this as the Judge of the International submitted their territorial and to affirm protection of the arctic previous administration's energy year. Pakistan, whose term on the Tribunal for the Law of the Sea maritime dispute to arbitration. climate on 12th May 2017. The TIR will help India to integrate with policies. UN human rights experts council is expiring this year, too was (ITLOS), becoming the first Indian The Arbitration Agreement was move was a part of the 10th Arctic Myanmar and Thailand as well as called on global leaders in February to seeking re-election to the UN body woman to be elected to ITLOS. On 14 subsequently ratified by Croatia Council Ministerial Meeting with Bangladesh, Bhutan and Neapl. It take urgent action on air pollution to but lost as it got only one vote. June 2017 seven Members of the and Slovenia in accordance with goals to maintain peace, stability will also enable India to move cargo ensure world citizens enjoy what the Having obtained the required two- International Tribunal for the Law of their respective constitutional and constructive cooperation in along the International North-South UN calls "the human rights to life and thirds majority, the nations elected the Sea were elected at the twenty- procedures. Article 3 of the the Arctic. The signing of the Transport Corridor via Chabahar health in environments free from members of ECOSOC for a three- seventh Meeting of States Parties to Arbitration Agreement tasks the declaration included reaffirming the port in Iran, to access land-locked contamination. year term beginning January 1, the United Nations Convention on the Arbitral Tribunal to determine (a) threat of climate change and a Afghanistan and the energy rich st 2018 are Belarus, Ecuador, El Law of the Sea in New York. The “the course of the maritime and land promise to work together to solve India becomes 71 country to ratify Eurasian region. The United Nations Salvador, France, Germany, Ghana, States Parties re-elected the following boundary between the Republic of issues facing the Arctic region. The UN International Convention on has said the TIR Convention will India, Ireland, Japan, Malawi, two Members: Judge Boualem Slovenia and the Republic of Arctic is warming at more than Road Transport (TIR): come into force in India in six Mexico, Morocco, Philippines, Bouguetaia (Algeria) and Judge José Croatia”; (b) “Slovenia's junction to twice the rate of the global average, months and IRU will begin work India on 19th June has become the Spain, Sudan, Togo, Turkey and Luís Jesus (Cabo Verde). In addition, the High Sea”; and (c) “the regime note with concern that the pace and with Indian partners on training, 71st country to ratify the United Uruguay. France, Germany, Ghana, the Meeting elected five new judges for the use of the relevant maritime scale of continuing Arctic warming development and outreach efforts Nations TIR Convention, that will Ireland and Japan were among taking up their seats on the 1st of areas.” will depend on future emissions of to facilitate prompt implementation. boost trade and regional integration nations seeking re-election. October 2017 will be: Mr Oscar greenhouse gases and short-lived An arbitral tribunal, constituted across South Asia and beyond, fast- India re-elected to United ECOSOC, one of the six main organs Cabello Sarubbi (Paraguay), climate pollutants, reiterate the under the auspices of the Permanent tracking the region's potential to Nations Economic and Social of the UN, is the principal body Ms Neeru Chadha (India), Mr importance of global action to Court of Arbitration, issued its final become a strategic trade hub. Council for coordination, policy review, Kriangsak Kittichaisaree (Thailand), reduce both greenhouse gases and and unanimous award in the Croatia policy dialogue and recommenda- Mr Roman Kolodkin (Russian short-lived climate pollutants to TIR is the global standard for goods India has been re-elected to the v. Slovenia case on 29 June 2017. tions on economic, social and Federation), and Ms Liesbeth mitigate climate change, and call customs transit managed and UN's principal organ on economic, The arbitration concerned a environmental issues, as well as for the Arctic Council to undertake developed by International Road social and environmental issues for Lijnzaad (The Netherlands). Two territorial and maritime dispute for implementation of the inter- additional analyses to contribute Transport Union (IRU) the world another three-year term on 15th of the seven judges elected are between Croatia and Slovenia. nationally agreed development to the assessment reports of road transport organisation. June. India was among 18 nations women Dr. Neeru Chadha and Ms Major part of decision are placed goals. The council's 54 member the Intergovernmental Panel on to win election to the Economic and Liesbeth Lijnzaad, An interesting here that related to the maritime Speaking on India's Acceptance of the governments are elected by the Climate Change and continued Social Council (ECOSOC). India development in the current ITLOS delimitation issues. body IRU Secretary General Umberto General Assembly for overlapping election is the failure of two serving collaboration with all levels of obtained 183 votes, the second The Arbitration Agreement is unique de Pretto said, “I am delighted to three-year terms. Seats on the judges to be re-elected: Judges governments The measure is not highest after Japan in the Asia because it is the first intra-state welcome India into the TIR family of council are allotted based on binding on the US or any partner. Pacific category. India's re-election Joseph Akl (Lebanon) and Rudiger nations. This is an important step in geographical representation with arbitration agreement of its kind to

6 April - September 2017 April - September 2017 7 RECENT DEVELOPMENTS be drafted under the auspices of the coastal State controls or require- I.C.J. Reports 2009, p. 61 at pp. EU, earlier World Bank of the Indus ments other than those permitted 101-03, paras 115-22; Territorial Waters Treaty 1960, between India under the legal regime of the EEZ and Maritime Dispute (Nicaragua v. and Pakistan which is much more established by UNCLOS”. Colombia), Judgment, I.C.J. complex and not just a simple The freedom of communication Reports 2012, p. 624 at pp. 695-96, arbitration agreement. looks prima facie unlimited and paras 190-93). Three stages are: (1) The tribunal gave “freedom of unconditioned. Ships and aircraft (1) construction of equidistance communication” “to all ships and exercising the freedom of communication line, (2) adjustment of the line to aircraft, civil and military, of all flags “shall not be subject to boarding, take into account special or states of registration, equally and arrest, detention, diversion or any circumstances, (3) disproportionality without discrimination on grounds other form of interference by Croatia test. The arbitral tribunal gave Cape of nationality, for the purposes of while in the Junction Area”. Savudrija half-effect (para. 1014, access to and from Slovenia, Nevertheless, Croatia will remain final award), because the coastal including its territorial sea and its entitled to adopt laws and regulations configuration in the present case airspace” (Section IV (B) (a)). This applicable to non-Croatian ships and would produce an “exaggeratedly freedom consists in the “freedoms aircraft in the in the Junction Area, adverse effect if the strict of navigation and overflight and of giving effect to the generally accepted equidistance line” were to be the laying of submarine cables and international standards in accordance used, which would in turn pipelines”, in addition to “other with UNCLOS Article 39(2) and (3)”. exaggerate the “boxed-in” nature of Slovenia's maritime zone (para. internationally lawful uses of the sea (2) Boundary in the Bay: Prima facie related to these freedoms, such as 1011, final award). This finding is the arbitral tribunal seems to have in line with a jurisprudence laid those associated with the operation given one quarter of the Bay to Croatia of ships, aircraft and submarine down in North Sea Continental and 3 quarters to Slovenia. The Shelf cases, I.C.J. Reports 1969; cables and pipelines”. And here arbitral tribunal, relying on Articles importantly: the freedom of Delimitation of the Maritime 74(1) and 83(1) of UNCLOS, adopted Boundary between Guinea and communication “shall not be the three-stage approach espoused conditioned upon any criterion Guinea Bissau, Decision of 14 by the ICJ in its recent case-law February 1985, R.I.A.A.; Dispute of innocence, shall not be sus- (Maritime Dispute (Peru v. Chile), pendable under any circums- Concerning Delimitation of the Judgment, I.C.J. Reports 2014, p. 3 at Maritime Boundary between tances, and shall not be subject to p. 66, para. 180, citing Maritime, any duty of submarine vessels to Bangladesh and Myanmar in the Delimitation in the Black Sea Bay of Bengal, (2012) ITLOS. navigate on the surface or to any (Romania v. Ukraine), Judgment,

Forthcoming Events 1st Annual World Conference on Organized by the ISIL, Ministry of organized by the ISIL and ICRC, Access to Medical Products and Health and Family Welfare and New Delhi: 5-6 December 2017. International Laws for Trade and WHO: 21-23 November 2017. 7th Winter Course on International Health in the Context of 2030 International Conference on Certain Maritime Law: 26-30 December Agenda for the SDG Jointly Conventional Weapons jointly 2017.

8 April - September 2017