A38

A38 The A38 Journal of International Law is an online, open-access and peer-reviewed journal that offers

An idea that germinated from the seed of deep-seated interest and intrigue in the field of International Law, A38 was the product of the joint effort of siblings, Kirthi and Karthik Jayakumar. Seeking to make available to the researching student with limited resources in different aspects of International Law, the best of scholastic opinion and academic ideas, the idea of an online journal was bor

n. The journal is devoted to the intricate weft of concepts, subjects and fields under the ambit of International Law, and aspires to offer up a forum to the world of academia that would enable the creation of an environment for the furtherance of intellectual pursuits consequent to a global exchange of ideas, dissemination of information and copious debate on topical issues in International Law. The name of the Consultancy and the Journal stands for Article Thirty Eight, which is the specific provision under the Statute of the International Court of Justice that enumerates the "sources of International Law". The tagline of the journal reads Where Knowledge is the Common Heritage of Mankind, amplifying the highest value attached to making knowledge readily available in the public domain for anyone and everyone seeking to derive benefits from it.

04/07/2019

BREAKING: Jadhav case (India v. Pakistan) - The Court to deliver its Judgment on Wednesday 17 July 2019 at 3 p.m.

20/02/2019

Case: India vs Pakistan

Verbatim Record of India's first round of Arguments:https://www.icj-cij.org/files/case-related/168/168-20190218-ORA-01-00-BI.pdf

Verbatim Record of Pakistan;s first round of Arguments:https://www.icj-cij.org/files/case-related/168/168-20190219-ORA-01-00-BI.pdf

International law enthuists can find the complete memorial and counter submissions of both countries on the ICJ website here: https://www.icj-cij.org/en/case/168/written-proceedings

Day 2 of India vs Pakistan: Re Kulbhushan Jhadav case hearing;Pakistan's 1st Round arguments (summary):1) 2008 Bilateral...
19/02/2019

Day 2 of India vs Pakistan: Re Kulbhushan Jhadav case hearing;

Pakistan's 1st Round arguments (summary):

1) 2008 Bilateral Agreement clearly says that in case of political or national security consular access granted only on basis of merit.
2) All International reports India provided against Military courts in general are not against Military courts of Pakistan.
3) International Council of Jurists report of 2016, provided by India, stating that military courts in Pak cannot be appealed to SC is incomplete as recently the Peshawar Court had overturned death penalty imposed by Pak Military court.
4) India's claim for acquittal and release has no standing in International law. ICJ does not have the mandate to do so and India's prayer is akin to abusing the judicial process. India has made no other prayer whatsoever and hence does not have the right of remedy.
5) Statement of President of Lahore Bar Association denying Jadhav legal aid cannot be considered as Institutional basis against India in Pakistan.
6) Commander Jadhav being Indian national or denial of consular access never proved.

[Concluding remarks of Pakistan in images]

India's second round of hearing will start tomorrow.

Day 2 of India vs Pakistan: Re Kulbhushan Jhadav case hearing;Pakistan's primary arguments (ongoing):1) 2008 Bilateral A...
19/02/2019

Day 2 of India vs Pakistan: Re Kulbhushan Jhadav case hearing;

Pakistan's primary arguments (ongoing):

1) 2008 Bilateral Agreement clearly says that in case of political or national security consular access granted only on basis of merit.
2) All International reports against Military courts in general are not against Military courts of Pakistan.
3) International Council of Jurists report of 2016 stating that military courts in Pak cannot be appealed to SC is incomplete as recently the Peshawar Court had overturned death penalty imposed by Pak Military court.

Live:

ICJ holds public hearings in the Jadhav Case (India v. Pakistan). La CIJ tient des audiences publiques en l'affaire Jadhav (Inde c. Pakistan).

Re   case:India vs PakistanLive Arguments:
18/02/2019

Re case:
India vs Pakistan

Live Arguments:

ICJ holds public hearings in the Jadhav Case (India v. Pakistan). La CIJ tient des audiences publiques en l'affaire Jadhav (Inde c. Pakistan).

Marrakech, Morocco - Leaders from 164 countries have agreed to a global pact that sets in action a plan "to prevent suff...
10/12/2018

Marrakech, Morocco - Leaders from 164 countries have agreed to a global pact that sets in action a plan "to prevent suffering and chaos" for global migration despite opposition and several withdrawals, including from the United States.

The Global Compact for Safe, Orderly and Regular Migration (GCM) was agreed upon on Monday at an intergovernmental conference in Marrakech, Morocco.

Read more:

Leaders from 164 countries agree UN migration accord spurned by the United States and several other countries.

10/12/2018

London: Fugitive tycoon Vijay Mallya will be extradited to India to face fraud investigations, a court in the UK has decided. He is wanted in India for defaulting on Rs. 9,000 crore in loans to his failed Kingfisher Airlines. Mr. Mallya cannot be extradited for the next 14 days to allow him to appeal. Now that the Westminster Court has ordered for extradition, the matter will first go to the Secretary of State. In a hypothetical case the SoS disagrees India can appeal. If he agrees however, Mr. Mallya can appeal to the High Court, and then the Supreme Court. Appeal will take atleast 6 months to reach hearing before the HC following which there would be the remedy of a second appeal.
At the earliest Mr. Vijay Mallya will be extradited in/about 28 days, that is if he chooses not to appeal.

04/12/2018

: The Advocate General of the European Court of Justice, Campos Sánchez-Bordona has published his legal opinion, stating that the UK can unilaterally abandon the Article 50 process, which triggered its separation from the European Union.
The opinion states that the provision of the Lisbon treaty invoked by the UK to give two years’ notice that it intended to leave the union – allows it to revoke its exit without requiring the formal agreement of the European commission or other EU member states.
The UK government and European commission had insisted the Brexit process could be stopped only by unanimous agreement, even though EU treaties were silent on how an Article 50 application could be withdrawn.

It is important to note that this opinion is not legally binding. It is the role of the Advocates General to propose to the ECJ, a legal solution to the cases for which they are
responsible.
The Bench of the ECJ is currently still in deliberation, but it is unlikely they will hold contrary to the opinion of the Advocate General.

Read Full Opinion:

Brexit Draft Agreement
14/11/2018

Brexit Draft Agreement

European Commission - Commission and its priorities

The US is possibly pulling out of a 1987 nuclear pact to limit nuclear weapons and halt nuclear arms race. 'Russia has v...
21/10/2018

The US is possibly pulling out of a 1987 nuclear pact to limit nuclear weapons and halt nuclear arms race. 'Russia has violated the agreement. They have been violating it for many years,' says Donald Trump. 'We're not going to let them violate a nuclear agreement and go out and do weapons and we're not allowed to.'

U.S. President Donald Trump said Saturday he will pull the United States from the Intermediate-Range Nuclear Forces Treaty with Russia.

19/10/2018

Murder: France, Germany and the Netherlands have suspended political communication with Saudi Arabia pending clarification on the case.

03/10/2018

:
(India v. Pakistan) - The International Court of Justice hold public hearings from Monday 18 to Thursday 21 February 2019 on final arguments.

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