# AsianSIL Voices

> Asian Society of International Law


## Posts

- [Upcoming webinar – Climate Litigation in Asia: Courts, Rights and Environmental Accountability](https://asiansilvoices.com/upcoming-webinar-climate-litigation-in-asia-courts-rights-and-environmental-accountability/): The South Asian University (SAU) Faculty of Legal Studies, together with the AsianSIL International Environmental Law Interest Group, will be hosting a webinar on 5 May 2026 (2:30–3:45 PM IST). Participants may join the Google Meet via the QR code or meeting link, provided in the image.
- [Mind the Gap: Extraterritorial Application of Human Rights in Situations of Functional Occupation](https://asiansilvoices.com/mind-the-gap-extraterritorial-application-of-human-rights-in-situations-of-functional-occupation/): In its 2025 advisory opinion on the Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in relation to the Occupied Palestinian Territory (UNRWA advisory opinion),  the International Court of Justice (ICJ) found that Israel’s act of blocking UNRWA’s activities entailed obligations under International Human Rights Law (IHRL), International Humanitarian Law (IHL), and the UN Charter. The opinion needs to be contextualised in the backdrop of the 2024 advisory opinion, here the Court did not state that Gaza was occupied, as observed by Judge Iwasawa in that case, “ […]
- [Call for Paper: ClimateXLaw Conference (10–11 Sept 2026)](https://asiansilvoices.com/call-for-paper-climatexlaw-conference-10-11-sept-2026/): The Faculty of Law, University of Ljubljana, will host the ClimateXLawConference, Reconceptualising Legal Paradigms for Climate Change, on 10–11September 2026. The conference welcomes interdisciplinary abstracts, panelproposals, and posters that rethink legal responses to climate change as a longterm,systemic condition. The abstract deadline is 31 March 2026; accepted abstracts willbe published in the conference proceedings with a DOI. Full details and submissioninstructions are available on the conference’s website and in the Call for Papers. Conference Chairdr. Maša Kovič Dine Assistant Professor, Head of the Department of International Law, Faculty of Law,University of Ljubljana Conference CoordinatorGal Veber Teaching and Research Assistant at the Department […]
- [Solidarity Statement on the Humanitarian Impact of the Ongoing Armed Conflict in West Asia](https://asiansilvoices.com/solidarity-statement-on-the-humanitarian-impact-of-the-ongoing-armed-conflict-in-west-asia/): 6 March 2026 The Asian Society of International Law (the “Society”) expresses its deepest solidarity with all civilians affected by the ongoing armed conflict in West Asia, including current and former members of its Executive Council and the Society’s broader membership. The Society is profoundly saddened by the suffering experienced by civilians in this conflict and remains gravely concerned about the war’s potentially long-lasting impact on the region and the world. As an organization dedicated to promoting awareness of and respect for international law in Asia, we call upon all parties to the conflict to observe their international legal obligations […]
- [International Law in Asia Today - 1 March](https://asiansilvoices.com/international-law-in-asia-today-1-march/): International Law in Asia Today is a new blog series launched by AsianSIL Voices to highlight historical events that mark Asia’s engagement with international law. Each post revisits a specific date to make international legal history in Asia more visible and accessible to a wider audience. The March First Movement – A Trailblazer for Self-Determination It is perhaps not hyperbole to assert that one of the most consequential events in the history of the Republic of Korea is the March First Movement (the “Movement”), or Samiljeol. Widely recognised as a paradigmatic example of non-violent struggle against foreign rule, the Movement […]
- [International Law in Asia Today - 23 January](https://asiansilvoices.com/international-law-in-asia-today-23-january/): International Law in Asia Today is a new blog series launched by AsianSIL Voices to highlight historical events that mark Asia’s engagement with international law. Each post revisits a specific date to make international legal history in Asia more visible and accessible to a wider audience. ICJ Judgement dated 23rd January 2020: Rohingya Muslims in Myanmar  This Day in History On 23 January 2020, the International Court of Justice (“ICJ”, the “Court”) ordered provisional measures against Myanmar to protect and prevent genocide of the Rohingya Muslim group in Myanmar’s Rakhine state (the “Order”). The 2020 Order followed an application (the […]
- [Resolution 2803: International Governance without Palestinian Consent - A Blueprint for Control and not Reconstruction](https://asiansilvoices.com/resolution-2803-international-governance-without-palestinian-consent-a-blueprint-for-control-and-not-reconstruction/): The United Nations Security Council adopted Resolution 2803 with 13 votes in favour and two abstentions from Russia and China. It welcomes and endorses Trump’s Comprehensive Plan to End the Gaza Conflict (annexed with Resolution 2803) and his Declaration for Enduring Peace and Prosperity of 13th October 2025. It also acknowledges the roles played by the USA, Qatar, Egypt, and Turkey in securing the ceasefire in the Gaza Strip. The resolution determined the situation in the Gaza Strip as a threat to regional peace and security of neighbouring states. The Mandate of the Board of Peace (BoP) The resolution welcomes […]
- [International Law in Asia Today - 21 December](https://asiansilvoices.com/international-law-in-asia-today-21-december/): International Law in Asia Today is a new blog series launched by AsianSIL Voices to highlight historical events that mark Asia’s engagement with international law. Each post revisits a specific date to make international legal history in Asia more visible and accessible to a wider audience. 21 December 1971: UNSC Resolution 307 and the Limits of Ceasefire Diplomacy along the India-Pakistan border Introduction to Resolution 307 On 21 December 1971, the United Nations Security Council (UNSC) adopted Resolution 307, demanding a “durable cease-fire and cessation of all hostilities” between India and Pakistan. Adopted in the immediate aftermath of the 1971 […]
- [When International Courts and UN Bodies Compete: Gaza's Genocide Finding and Law's Authority Crisis](https://asiansilvoices.com/when-international-courts-and-un-bodies-compete-gazas-genocide-finding-and-laws-authority-crisis/): This article examines a fundamental paradox in international law’s treatment of genocide: institutions with the most substantial evidence often possess the weakest enforcement power, while those with enforcement mechanisms systematically favour state interests over victim protection. The UN Human Rights Council (UNHRC) Commission’s September 2025 determination that Israel committed genocide in Gaza exemplifies this crisis. When the International Court of Justice (ICJ), International Criminal Court (ICC), and UN monitoring bodies reach different conclusions about identical conduct in Gaza using different legal standards, international law faces a legitimacy crisis. Can the system function when these institutions operate without coordination? The answer […]
- [International Law in Asia Today - 6 November](https://asiansilvoices.com/international-law-in-asia-today-6-november/): International Law in Asia Today is a new blog series launched by AsianSIL Voices to highlight historical events that mark Asia’s engagement with international law. Each post revisits a specific date to make international legal history in Asia more visible and accessible to a wider audience. This Day in History On 6 November 2007, the International Court of Justice (ICJ, the Court) opened public hearings in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore). The case was submitted to the ICJ under a Special Agreement, which had been signed by the two governments […]
- [Call for Papers-Central Asia Yearbook on International Law (CAYIL)](https://asiansilvoices.com/call-for-papers-central-asia-yearbook-on-international-law-cayil/): Deadline for submissions: 31 March 2026 (rolling submissions accepted until this date) The Central Asia Yearbook on International Law (CAYIL) is the first academic publication of its kind in the region. It is designed to promote rigorous and original research in international law with a specific focus on Central Asia. The Yearbook responds to a longstanding gap in scholarly publishing by offering a dedicated platform for legal analysis situated in and oriented toward the region. The first volume will be published in 2026 by De Gruyter Brill under the imprint Brill | Nijhoff. We invite scholars, practitioners, and policymakers to […]
- [Rethinking International Environmental Law: The Viability of Rights of Nature in Addressing Environmental Challenges](https://asiansilvoices.com/rethinking-international-environmental-law-the-viability-of-rights-of-nature-in-addressing-environmental-challenges/): By Stellina Jolly This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. Nature: A Political and Economic Construct Scientifically, the idea of ‘nature’ is neutral, but its use has been shaped by political and economic constructs influenced by capitalism, colonialism, and globalisation. Capitalism and colonialism treated Nature as an object of human use. This understanding converted Nature into a resource to be possessed, exploited, and extracted for the benefit of the colonial power and to the detriment of the […]
- [Call for Application as Engaged Listeners - International Law and Emotions: Recovering Universality?](https://asiansilvoices.com/call-for-application-as-engaged-listeners-international-law-and-emotions-recovering-universality/): Wednesday 25th – Friday 27th February 2026 Max Planck Institute for Comparative Public Law and International Law, Heidelberg Conference theme The current international order is in a turmoil. Resistance against breaches of international law is weak, not the least because of widespread contempt for this law. At the same time, the use and manipulation of emotions by political leaders is growing, as are their attacks on international law. This subversion concerns especially the aspiration for a law that is not only applied across the globe but also shared by all populations and is in that sense “universal”. The conference seeks to […]
- [The Engagement of Asian States with Universal Jurisdiction in the United Nations](https://asiansilvoices.com/the-engagement-of-asian-states-with-universal-jurisdiction-in-the-united-nations/): By Lijiang Zhu This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. Universal jurisdiction has become the most attractive, albeit controversial, form of national criminal jurisdiction in international law since the turn of the new century. The establishment and exercise of universal jurisdiction by Asian States and the response of Asian States to the establishment and exercise of universal jurisdiction by other Asian or Non-Asian States are not as sufficiently addressed as European States or African States in literature. […]
- [From Chronos to Kairos: Memory, Forgetting, and the Slow Starvation of Gaza](https://asiansilvoices.com/from-chronos-to-kairos-memory-forgetting-and-the-slow-starvation-of-gaza/): By Rashmi Raman In this short piece I set out to interrogate how international law’s temporal grammar both registers and erases the slow violence of starvation in Gaza. I begin by situating the argument within the broader concept of long and slow violence, drawing on critical scholarship to explain how attritional harm becomes legally invisible when it unfolds cumulatively rather than as a punctual event. From there I examine what I term the event form of law, showing how the Rome Statute’s framing of starvation as a method of warfare privileges discrete acts and snapshot evidence over non-linear and often […]
- [International Law in Asia Today - 24 October](https://asiansilvoices.com/international-law-in-asia-today-24-october/): International Law in Asia Today is a new blog series launched by AsianSIL Voices to highlight historical events that mark Asia’s engagement with international law. Each post revisits a specific date to make international legal history in Asia more visible and accessible to a wider audience. This Day in History On the 24th of October 1945, the UN Charter entered into force, after its ratification by the 5 permanent members of the Security Council. Merely 7 months before, 50 states had come together at the San Francisco UN Conference on International Organisation to create this Charter, now hailed as a […]
- [Entangled Vulnerabilities: Climate Change, Human Mobility, and Modern Slavery in Australia](https://asiansilvoices.com/entangled-vulnerabilities-climate-change-human-mobility-and-modern-slavery-in-australia/): By Mostafa Mahmud Naser This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. Introduction Climate change and modern slavery may seem like unrelated issues – one about weather patterns and ecosystems, the other about crime and human rights. Yet in Australia, these challenges are becoming increasingly intertwined. As climate impacts intensify across the Pacific, more people are being displaced and moving under precarious conditions that increase their vulnerability to exploitation and abuse. The World Bank (2021) estimates that climate […]
- [AI, Satellite Technologies and Climate Sustainability: International Frameworks and ASEAN Practice following the Global Digital Compact, and ITLOS and ICJ advisory opinions](https://asiansilvoices.com/ai-satellite-technologies-and-climate-sustainability-international-frameworks-and-asean-practice-following-the-global-digital-compact-and-itlos-and-icj-advisory-opinions/): By Jon Truby This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. Introduction Satellites and artificial intelligence (AI) anchor how the world observes climate change and how law and policy respond today. Earth observation (EO) offers objective views of emissions, land use and extreme events. AI turns large datasets into timely information that helps countries build better inventories and informs the global stocktake under the Paris Agreement. Yet the same digital and space systems consume energy and water, create […]
- [The International Organization for Mediation in Hong Kong: A New Chapter in Global Dispute Resolution?](https://asiansilvoices.com/the-international-organization-for-mediation-in-hong-kong-a-new-chapter-in-global-dispute-resolution/): By Suhong Yang This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. Mediation is an important means, for peaceful settlement of international disputes, which is stipulated in various treaties including the UN Charter. The nature of the mediating process promotes the preservation of relationships between the parties and aims to achieve win-win results rather than an adversarial approach where one side must win and the other must lose. On 30 May 2025, the signing ceremony of the Convention on […]
- [Click, Scroll, Buy: How Dark Patterns Test ASEAN Consumer Protection](https://asiansilvoices.com/click-scroll-buy-how-dark-patterns-test-asean-consumer-protection/): By Nam Phuong Ngo This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. Anyone who has booked a hotel online knows the rush: the bold flashing labels promising the “cheapest” deal, or the five-minute timer that ticks down as you enter your details. These features may help users compare prices or manage time, but sometimes they cross a line. On Agoda’s website in Singapore, the authorities recently found that some of these designs went too far. Hotels marked as […]
- [Regulatory Due Diligence and State Responsibility in Deep Seabed Mining: Some Observations](https://asiansilvoices.com/regulatory-due-diligence-and-state-responsibility-in-deep-seabed-mining-some-observations/): By Amiel Ian Valdez This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. My goal in this short essay is to spark a discussion on how we might rethink the legal standards governing the precautionary principle and the principle of environmental impact assessment (EIA) in the context of deep seabed mining in areas beyond national jurisdiction. In particular, I examine this issue through the lens of judicial review, exploring what insights can be drawn from other legal regimes, such […]
- [The Development of International Law through Asian Participation in Advisory Proceedings](https://asiansilvoices.com/the-development-of-international-law-through-asian-participation-in-advisory-proceedings/): By Stephany Aw This blog post is adapted from the author’s presentation at the 10th Biennial Conference of the Asian Society of International Law in Hanoi, Vietnam from 9 to 10 October 2025. I. Introduction The participation of Asian states in the development of international law through international judicial proceedings remains an under-explored topic. This post argues that Asian States can make an impact on the development of international law through their participation in advisory proceedings. In this respect, two key modalities are identified. First, Asian States’ submissions in advisory proceedings may influence the outcome of the eventual advisory opinions […]
- [Strengthening the Role of International Law in Asia: The 10th Biennial Conference of the Asian Society of International Law (2025)](https://asiansilvoices.com/strengthening-the-role-of-international-law-in-asia-the-10th-biennial-conference-of-the-asian-society-of-international-law-2025/): By Benjamin Kok Once known as Thang Long – the land of the soaring dragon, the capital of Vietnam beautifully lives up to its modern name, which loosely translates to “between the rivers”. It was thus apt that Hanoi recently served as a meeting point between rivers of academic opinion, connecting legal scholars across Asia, for the 10th Biennial Conference of the Asian Society of International Law (AsianSIL). The conference was held over 9th and 10th October, with participants from local ministries, agencies, and educational institutions, joining scholars, judges and experts from across the globe, to discuss significant issues of […]
- [The Right to Truth in Transitional Justice: Pragmatic and Forward-Looking Memorialisation at Singapore’s Changi Chapel & Museum](https://asiansilvoices.com/the-right-to-truth-in-transitional-justice-pragmatic-and-forward-looking-memorialisation-at-singapores-changi-chapel-museum/): By Yvette Foo Singapore’s Changi Chapel & Museum (CCM) is a memorial site that exhibits artefacts from and stories about the lives of prisoners of war (POWs) and civilians held in Changi Prison Camp during World War II (WWII). Memorials like the CCM are key transitional justice measures that affirm the right to know/truth: they represent (a State’s) efforts to acknowledge past violations of human rights and international humanitarian law. Over the years, the CCM has rebranded itself from only being a site of remembrance for veterans, to broadening its relevance to all visitors. The CCM seeks to preserve an […]
- [Beyond the Battlefield: The Legality of Seizing Gaza under Self-Defence Claims](https://asiansilvoices.com/beyond-the-battlefield-the-legality-of-seizing-gaza-under-self-defence-claims/): Introduction The recent announcement by the Israeli security cabinet to seize Gaza is not surprising. It should rather be seen as a formal acknowledgement of the de facto state of affairs in Gaza. But formal announcements seldom come without justifications. Since modern international law prohibits the use of force in international relations and therefore renders acquisitions obtained by force invalid, one of the foremost justifications advanced in support of such acquisition is the right to self-defence. The present article looks into this justification to find its reasonability in the face of established international principles outlawing the use of force in […]
- [Beyond State Centrality and Positivism: Weighing the 2025 Advisory Opinion on Climate Change](https://asiansilvoices.com/beyond-state-centrality-and-positivism-weighing-the-2025-advisory-opinion-on-climate-change/): Introduction The international climate change law regime is a dense arc of diverse treaties and customs, though this arc does not guardrail the State abuse of the environment. The States’ arguments that puncture this dense arc are those emanating from State sovereignty and state consent. This myopic statist view of climate change regime has been popular since centuries. The International Court of Justice, in its ‘Advisory Opinion on Obligations of States in respect to Climate Change’ on 23 July 2025, altered this view immeasurably. Though it would not be possible, at the moment, to know the legal ramifications of it […]
- [Indonesia’s Indigenous Rights Bill: Its Urgency Seen Through International Law](https://asiansilvoices.com/indonesias-indigenous-rights-bill-its-urgency-seen-through-international-law/): Introduction After years of being delayed, Indonesia’s Indigenous Rights Bill (RUU Masyarakat Adat) is likely to progress toward enactment. The bill, which was first drafted for submission to the country’s House of Representatives in 2010, has been included in the list of top-priority bills for 2025 (Prolegnas). Minister of Human Rights Natalius Pigai, in a May 2025 meeting with the Civil Coalition to Monitor the Indigenous Peoples Bill, affirmed the Ministry’s support for the bill and expressed his confidence that the bill will be ratified this year. The bill, if it becomes law, will give legal protection to customary or […]
- [Persistence of Colonial Legacy: The Border Disputes Between Thailand and Cambodia](https://asiansilvoices.com/persistence-of-colonial-legacy-the-border-disputes-between-thailand-and-cambodia/): A Thai-Cambodian border dispute has made frequent headlines over recent weeks. Characterized by low-scale skirmishes for several weeks, the past few days alone saw a remarkable escalation of military tensions, including the discovery and explosion of land mines as well as mutual exchanges of fires, reportedly killing and wounding civilians and soldier on both sides. The developments lend renewed urgency to a dispute between the two neighboring countries whose border line has not yet been clearly demarcated. In early June 2025, Cambodia officially declared to bring the dispute to the International Court of Justice (ICJ), so why does Thailand insist […]
- [Assessing the Effectiveness of Australia’s Human Rights Framework: A Case Study ofthe International Covenant on Economic, Social and Cultural Rights](https://asiansilvoices.com/assessing-the-effectiveness-of-australias-human-rights-framework-a-case-study-ofthe-international-covenant-on-economic-social-and-cultural-rights/): Introduction The incorporation of international treaties into Australia’s domestic law is piecemeal, at the whim of the Commonwealth Parliament. This leaves Australians vulnerable to human rights violations. It is held that the present approach to international human rights, specifically Economic, Social, and Cultural (ESC) rights, is detrimental to Australia’s progressive full realisation of the rights. This blog considers the International Covenant on Economic, Social and Cultural Rights’ (ICESCR) place in Australia, and the legislative and judicial approach to international rights and the effectiveness of Australia’s human rights framework is evaluated in the context of three rights: Indigenous, social security and […]
- [Targeting Media Infrastructure in Armed Conflict: The Case of Iran’s IRIB and the Limits of Legality Under IHL](https://asiansilvoices.com/targeting-media-infrastructure-in-armed-conflict-the-case-of-irans-irib-and-the-limits-of-legality-under-ihl/): Introduction In contemporary armed conflicts, the question of whether media infrastructure may be lawfully targeted has become increasingly contentious. With the growing fusion of information dissemination, psychological operations, and military strategy, states have periodically asserted that media outlets—particularly state-run broadcasting facilities—constitute legitimate military objectives. Such claims are often framed within the rubric of dual-use infrastructure or justified on the basis of alleged contributions to enemy war efforts through propaganda or incitement. However, these assertions raise fundamental concerns under international humanitarian law (IHL), particularly in relation to the principles of distinction, proportionality, and precaution. The legal framework established under the 1977 […]
- [Between Public and Private: How Republic of India v. CCDM Holdings Got It Wrong](https://asiansilvoices.com/between-public-and-private-how-republic-of-india-v-ccdm-holdings-got-it-wrong/): Introduction The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter “New York Convention”) is among the most transformative instruments in the arbitration of international disputes. It provides a comprehensive framework for the enforcement of foreign arbitral awards, creating a reciprocal relationship among all the contracting States. The New York Convention is a cornerstone, yet its commercial reservation clause continues to generate complexities when States invoke sovereign immunity.  By signature and ratification subject to the commercial reservation, India’s international investment disputes are governed by the New York Convention, which is also a consequence of India’s decision not […]
- [Jurisdictional Crossroads: The Case for ICC Jurisdiction Over Alleged Crimes in Bangladesh's 2024 Protests](https://asiansilvoices.com/jurisdictional-crossroads-the-case-for-icc-jurisdiction-over-alleged-crimes-in-bangladeshs-2024-protests/): On October 17, 2024, the International Crimes Tribunal of Bangladesh (ICT-BD) issued arrest warrants for former Prime Minister Sheikh Hasina and 44 others, including senior members of her cabinet. This decision came after the interim government of Bangladesh announced an investigation into the crimes and violence that occurred during the student-led protests from July 15 to August 5, 2024, under the supervision of the United Nations. [See UN Primary Report] The warrants were based on a complaint filed by a lawyer, on behalf of the father of one of the students who died in police gunshots during the massive street […]
- [Is Remission of Arbitral Awards Really Beneficial? Perspectives from India, UK and Singapore](https://asiansilvoices.com/is-remission-of-arbitral-awards-really-beneficial-perspectives-from-india-uk-and-singapore/): Remission of an arbitral award refers to the process where a court sends the arbitral award back to the same arbitrator(s) for reconsideration on technicalities which may include the curing of procedural defects, clarification of syntax to make the award less ambiguous or for grant of sufficient hearing. There has been significant debate in respect of the benefits and challenges of remission of arbitral awards. One school of thought supports remissions stating that it helps the curing of procedural defects, curing of insufficient grant of hearing and assists in making the arbitral award less ambiguous whereas the second school of […]
- [The Test of Effective Control and the Recognition of Governments in Present-Day International Law](https://asiansilvoices.com/the-test-of-effective-control-and-the-recognition-of-governments-in-present-day-international-law/): Introduction Through their governments, states make decisions that have implications in international law. Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States includes ‘government’ as a criterion of statehood. However, the legal literature offers no consensus on which entity would enjoy governmental status in cases of competing claims. In particular, scholars cannot agree whether an ‘effective entity’ should prevail over a constitutional one. Thus, this post analyzes and proposes that ‘effective control’ is the only relevant rule for determining the legitimate government of a state under customary international law. The test of ‘effective control’ In […]
- [Editors' Statement on the New Website](https://asiansilvoices.com/editors-statement-on-the-new-website/): Greetings! Welcome to the new website of the AsianSIL Voices, the blog of the Asian Society of International Law. The new website is accessible through this link: https://asiansilvoices.com/ More than two years after its launch and hosted by the Cambridge University Press, we are delighted to inform the international law community that we are here at our own website. We have several plans in the pipeline and will continue to improve the website incrementally. All the blogs posted at the Cambridge University Press website till now are available here. As we have updated submission guidelines, contributors are requested to make […]
- [Genocide Convention and the International Court of Justice:  Another Missed Opportunity to Advance the Human Vulnerability Standards](https://asiansilvoices.com/genocide-convention-and-the-international-court-of-justice-another-missed-opportunity-to-advance-the-human-vulnerability-standards/): On March 5th, 2025, Sudan filed an Application instituting  proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ) regarding the alleged violations of obligations under the Genocide Convention (GC) and requested for the indication of provisional measures. Sudan alleged UAE of supporting the Rapid Support Force (RSF) militia in the commission of genocide in West Darfur against the Masalit group. Both Sudan and UAE have acceded to the Genocide Convention (GC).UAE has formulated a reservation with respect to the compromissory clause (Article IX) of the GC and invoked the same against the jurisdiction of the […]
- [Focusing High North: Can Nations go Farther in the Preservation of Arctic Ecosystem?](https://asiansilvoices.com/focusing-high-north-can-nations-go-farther-in-the-preservation-of-arctic-ecosystem/): The Arctic region has been a part of the resource race for a while now with developing countries like India and China also establishing their research bases in the high north.  Over the past four decades, the regions of Arctic have warmed about four to seven times faster than the global average. One important facet of the Arctic Legal Regime is the application of UNCLOS (United Nations Conventions on Laws of the Sea) over the Central Arctic Ocean or the Arctic High Seas.  making the Arctic a quasi-global common. Among all the Eight Arctic States, the United States is  the only one which  is not even a signatory to […]
- [The Epistemic Location of Bandung](https://asiansilvoices.com/the-epistemic-location-of-bandung/): Encountering a counter question “When we think of international law, which city do we imagine?” “Rome?” “Osnabrück?” “Versailles?” “Paris?” “The Hague?” “New York?” “Washington?” This question comes from my interviewing of a set of students studying international law, for a paper. With my interview questions, while I was trying to understand the possible difficulties that students and teachers face, that often manifests in their dissonance with international law, a female student from the State of Rajasthan in India said something that haunts me even today. When asked whether she considered a career in international law, she had a counter question for […]
- [Evaluating Fair Use Principle in the context of Free Service Providing Websites](https://asiansilvoices.com/evaluating-fair-use-principle-in-the-context-of-free-service-providing-websites/): The extensive use of free service providing websites by netizens aligned with ignorance of their copyright violation while accessing such websites is an issue for deliberation. Free service providing websites can collect the unpublished copyrighted work of users to provide the services and collecting unpublished work is the basic pre-requisite without which their existence and service offering shall cease to exist. These websites generally provide free services such as checking the grammatical content of work, paraphrasing the content, converting the format of document, editing the image and so on. To avail these services, unpublished copyrighted work in form of document, […]
- [Ex Aequo et Bono: The Justice Route in the International Court of Justice](https://asiansilvoices.com/ex-aequo-et-bono-the-justice-route-in-the-international-court-of-justice/): Ex aequo et bono originates from the concept of “fundamental fairness.” Translated from Latin, the phrase means “what is fair and good,” allowing decisions to reflect justice even outside formal legal constraints. According to Black’s Law Dictionary, the term ex aequo et bono is defined as “according to what is equitable and good,” referring to a decision-maker, especially in international law, who is authorized to decide ex aequo et bono and is not bound by legal rules but may instead follow equitable principles. Article 38(2) of the ICJ Statute allows the Court to “decide a case ex aequo et bono if the parties agree thereto,” providing an exception to Article 38(1), which […]
- [Re-thinking Precautionary Principle and the Principle on Environmental Impact Assessment in the Context of Deep-Sea Mining: Some Preliminary Thoughts](https://asiansilvoices.com/re-thinking-precautionary-principle-and-the-principle-on-environmental-impact-assessment-in-the-context-of-deep-sea-mining-some-preliminary-thoughts/): There is a lot of interest right now in the critical minerals found in the deep-sea. This heightened interest is driven by the growing demand for zero-carbon and low-cost energy sources, such as solar and wind power, and even batteries for electric vehicles. This movement is also related to global community’s ambition to transition from fossil fuels to renewables and more climate-friendly energy sources. The three known critical minerals in the deep-seabed—polymetallic nodules, polymetallic sulphides, and cobalt-rich ferromanganese crusts—provide elements, such as, nickel, iron, copper, manganese, cobalt, etc., that are essential to the production of the above renewable energy sources. It is for the same reason […]
- [Right to Self-Determination, Jus Cogens and Semantics in International Court of Justice](https://asiansilvoices.com/right-to-self-determination-jus-cogens-and-semantics-in-international-court-of-justice/): On 19th July 2024, the  International Court of Justice (ICJ) rendered an Advisory Opinion on the Legality of Israel’s Occupation of Palestinian Territories.The ICJ observed that Israel’s continued presence in the Occupied Palestinian Territory is unlawful and, therefore, it has an obligation to end its unlawful presence in the Occupied Palestinian Territory (OPT) and cease all new settlement activities. The opinion generated academic responses from scholars on issues like occupation, annexation, and extraterritorial application of human rights. An intriguing part of the opinion is reflected in para 233, where the ICJ, for the first time, acknowledged the Right to Self-Determination (RSD) as a jus cogens norm.  Hua […]
- [A Few Candid Regrets for a Dissenting Opinion](https://asiansilvoices.com/a-few-candid-regrets-for-a-dissenting-opinion/): PART 1 It is apparent that many international legal norms are not simply or genuinely legal, but are rather reflective of political power relations or one party’s control over another. Yet it does not mean that legal normativity has to succumb to political reality all the time. It may often be the fact of life, but the former is not doomed to come under the spell of the latter. But it is exactly where the intrigue of the Dissenting Opinion of Judge Sebutinde to the ICJ Advisory Opinion on 19 July 2024 lies: it exploits the magic of the positivistic power of the legal […]
- [Purple Inclusion in Tourism: A Possibility or a Pipe Dream for India?](https://asiansilvoices.com/purple-inclusion-in-tourism-a-possibility-or-a-pipe-dream-for-india/): Stephen Hawking’s struggle with wheelchair inaccessibility at the Taj Mahal in 2001 remains a potent symbol of India’s persistent failure to foster disability (purple) inclusion in tourism sector. Despite being ranked 22nd among the globe’s most frequented nations and home to 43 UNESCO World Heritage Sites, India remains inaccessible to 16% of the world’s population and 2.21% of its citizens living with disability(ies). The paucity of data on travel patterns of persons with disabilities (PwDs) spotlight the systemic neglect that compels many to forgo travel due to inadequate infrastructure. The Accessibility Conundrum in Indian Tourism Accessible tourism transcends mere convenience, embodying equality and inclusivity. Accessibility must address a spectrum of needs, from signboards to trained staff. […]
- [After 59 Years, who are you Indeed? A Glimpse of Singapore’s Developmental Status from an International Law Perspective](https://asiansilvoices.com/after-59-years-who-are-you-indeed-a-glimpse-of-singapores-developmental-status-from-an-international-law-perspective/): In his National Day Message 2024 delivered on 8 August, the Prime Minister of Singapore Lawrence Wong referred to the current status of Singapore: “[W]e transformed Singapore into a first-world success story…As a developed economy, we cannot expect to grow as rapidly as before…59 years ago, we were a third-world nation with paltry means whether to earn a living or to defend ourselves.” Wong’s statement seems, however, contrary to his government’s statement elsewhere: when presenting Singapore’s efforts towards achieving the Sustainable Development Goals (SDGs), particularly Goals 17.7, the Singapore Department of Statistics claims quite bluntly as follows: “Singapore is a developing country and does not provide direct financial support.” (see the statement on the […]
- [A Constructive Approach to Forcible Transfers under the Fourth Geneva Convention](https://asiansilvoices.com/a-constructive-approach-to-forcible-transfers-under-the-fourth-geneva-convention/): The International Court of Justice (‘Court’) delivered the Israel’s Practices and Policies Advisory Opinion on 19 July 2024. While examining the legality of the measures taken by Israel, the court gave due consideration to ‘the large-scale confiscation of land and the deprivation of access to natural resources … inducing [the Palestinian population’s] departure’ (para. 143). The Court referred to a number of reports by United Nations bodies to rule on the nature of displacement of the Palestinian population. In its Advisory Opinion, the Court relied on Article 49 of the Fourth Geneva Convention (‘GCIV’) to determine the illegality of the forced displacement of the […]
- [ICJ’s Provisional Order of 24 May in South Africa’s Case against Israel: An Example of how not to Couch a Judicial Opinion?](https://asiansilvoices.com/icjs-provisional-order-of-24-may-in-south-africas-case-against-israel-an-example-of-how-not-to-couch-a-judicial-opinion/): This brief essay would analyse the provisional order by the International Court of Justice (ICJ) issued on 24 May 2024 in South Africa’s application against Israel regarding the alleged violation of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) in the Gaza Strip. The case commenced with the filing of an application by South Africa on 29 December 2023. On 26 January 2024 and 28 March 2024, the ICJ issued provisional orders directing Israel to take certain measures and also asked for the hostages, who were abducted on 7 October, be released. In its latest provisional order of […]
- [The Quest to End Genocide: States’ Common Obligations](https://asiansilvoices.com/the-quest-to-end-genocide-states-common-obligations/): PART 1 It is apparent that the international community benefits from the International Court of Justice (ICJ)’s role in developing and clarifying key principles of international law, which can also help settle future disputes. The Court, in the Northern Cameroons case (Cameroon v. United Kingdom), contends that its rulings must actually affect the parties involved in the dispute before it, emphasizing that the “[c]ourt’s judgment must have some practical consequence” (p. 34). By acknowledging the significance of the aforementioned role, a possible way the Court could ensure that its rulings have “practical consequence” would be to develop international law by making third-state […]
- [Why India should go beyond the Artemis Accords?](https://asiansilvoices.com/why-india-should-go-beyond-the-artemis-accords/): PART 1 Introduction The tremendous growth in space technology has intensified the lunar race among the space faring states. The near precise landing of  Japan’s  Smart Lander for Investigating Moon (SLIM) close to the Moon’s equator and its unexpected survival of lunar night has not only been a historic mission of JAXA but has also kickstarted the lunar explorations of 2024. Further, the recent touchdown on the lunar surface by Intuitive Machines’ Odysseus marks a great leap in the participation of private sector in space exploration. Along with such developments come a plethora of legal issues relating to space exploration especially on the lunar surface. This […]
- [IELIG Early Comments for the ICC Prosecutor’s Policy Paper on Environmental Crimes](https://asiansilvoices.com/ielig-early-comments-for-the-icc-prosecutors-policy-paper-on-environmental-crimes/): PART 1 A.    Introduction In the tumult of war and grave international crimes, the environment often becomes an unassuming casualty, suffering silently amidst the chaos of conflict. Deliberate acts of environmental destruction, whether through deforestation, pollution, or the poisoning of water sources, can have devastating consequences that reverberate long after the guns fall silent and the perpetrators have left. As the world grapples with the enduring consequences of environmental degradation resulting from conflicts and international crimes, the International Criminal Court’s (ICC) Prosecutor, Mr. Karim A.A. Khan KC, has taken a proactive step by launching a new policy initiative aimed at addressing […]
- [Nothing-Burger? U.S. Obligation to Defend the Philippines in the South China Sea – Part 1](https://asiansilvoices.com/nothing-burger-u-s-obligation-to-defend-the-philippines-in-the-south-china-sea-part-1/): It is an article of faith among ordinary Filipinos that American troops will die with Filipino troops defending Philippine claims to the Spratly Islands in the South China Sea (SCS). Even Filipino scholars profess this view. US-Philippine military exercises simulated the recapture of an SCS island. The Philippine government believes in the “solid commitment of the United States [U.S.]” to defend Philippine sovereignty in the Spratly Islands through “interoperability” between their forces in countering China. It has allowed in Philippine territory prepositioned U.S. military equipment and personnel under an Enhanced Defense Cooperation Agreement. Does the U.S. have an obligation to defend the Philippines in the SCS under their Mutual […]
- [Decoding Grotius: Unraveling the Role of Corporations in Early Modern International Law](https://asiansilvoices.com/decoding-grotius-unraveling-the-role-of-corporations-in-early-modern-international-law/): Introduction There is a general perception that, traditionally, international law applied only to States.  States are considered the oldest and most important subjects of international law and all other subjects were recognised later. However, the writings of Hugo Grotius suggest that multinational corporations have not only operated beyond the boundaries of a State even before the Westphalian territoriality came into existence, but they also succeeded in making legal claims as the subjects of international law. In one of his talks with AfronomicsLAW, Professor Antony Anghie raised intriguing questions: is it possible that Hugo Grotius created international law for a corporation? It is […]
- [Justice Delayed: An Unofficial Truth Project for the Neglected Indian Victims of the Thai-Burma Death Railway](https://asiansilvoices.com/justice-delayed-an-unofficial-truth-project-for-the-neglected-indian-victims-of-the-thai-burma-death-railway/): PART 1 On 3 June 2023, about 30 pilgrims gathered at a pagoda in Wat Yuan Cemetery near the town of Kanchanaburi, Thailand. These pilgrims, mostly Malaysian Tamils, were there to witness the opening of the first ever monument to Tamil and other Asian forced labourers drafted by the Japanese army during World War II to work on the infamous Thai-Burma Death Railway. Beneath the pagoda is a mass grave holding the remains of Tamil forced labourers who died building the railway, which ran through Kanchanaburi. The pilgrimage was led by P. Chandrasekaran, president of the Death Railway Interest Group (“DRIG”), a […]
- [Traditional Knowledge Protection: Leveraging Kunming-Montreal Global Biodiversity Framework adoption in WIPO-IGC Negotiations 2024](https://asiansilvoices.com/traditional-knowledge-protection-leveraging-kunming-montreal-global-biodiversity-framework-adoption-in-wipo-igc-negotiations-2024/): Traditional knowledge (TK) is loosely defined as knowledge, skills and know-how held and passed down intergenerationally by a community of people, including indigenous peoples, forming an important part of the community’s spiritual identity or cultural way of life. Formerly dismissed, gradually tolerated and now accepted in many forms, including complementary/alternative medicine, TK is now relevant to international negotiations in several areas of law. There is firm recognition of TK’s interrelatedness with biodiversity conservation, global health, climate change and intellectual property. Protecting indigenous peoples’ knowledge is a determinant of planetary health because 80% of the world’s remaining biodiversity is stewarded by indigenous peoples, whose conservation is fundamental to sustainable and continuing use of traditional medicine […]
- [The Facade of Self-Determination Driving the “Khalistan” Referendum](https://asiansilvoices.com/the-facade-of-self-determination-driving-the-khalistan-referendum/): Introduction On 10th September 2023, hundreds of Sikhs lined up in the town of Surrey, British Columbia, Canada to cast their vote towards the “Khalistan” Referendum, a voting exercise that is being organised across several countries by the US-based Sikhs for Justice (SfJ) organisation seeking to create an independent Sikh homeland in northern India called Khalistan. As per a spokesperson for SfJ, the group intends to bring the results to the UN to garner support for Sikh self-determination on the basis of religion and language. Given the prominence of self-determination as a right conferred upon all peoples as a jus cogens norm in international law, the SfJ’s […]
- [The new leadership of the Asian Society of International Law](https://asiansilvoices.com/the-new-leadership-of-the-asian-society-of-international-law/): Message from the AsianSIL President Dear Honourable Members of the Executive Council of the AsianSIL and Distinguished Colleagues, It is my great honour to have gained your trust and be elected as the eighth President of the AsianSIL and it is also my privilege to inherit the success of the AsianSIL from the previous Presidents of the Society. I would like to extend my sincere thanks to Professor Antony Anghie – the former Secretary-General and the Secretariat of the previous term for your tireless assistance for the Executive Council of the Society. Furthermore, I would like to thank all Members […]
- [IHRL & Queer Theories: An Intersectional Interpretative Tool for India Court in the Case of Queer Marriage Rights?](https://asiansilvoices.com/ihrl-queer-theories-an-intersectional-interpretative-tool-for-india-court-in-the-case-of-queer-marriage-rights/): Part I: In recent times, South Asian courts have been deeply engaged in important discussions concerning fundamental aspects of Queer rights. These encompass issues such as Queer Marriage Rights in India and Nepal, Gender Identity Rights in Pakistan, the Decriminalization of Sodomy laws in Sri Lanka, India’s Blood Policy affecting the Queer community, and Horizontal Reservation for transgender individuals in India. An underlying theme arising from these instances revolves around the intersection of International Law and Queer legal theories in expanding fundamental rights. This contribution, divided into two parts, particularly delves into one contemporary matter pertinent to India and Nepal, namely Queer Marriage Rights, as a means to […]
- [Crisis-Driven Regionalism: ASEAN’s Economic Response to Present Day Tensions](https://asiansilvoices.com/crisis-driven-regionalism-aseans-economic-response-to-present-day-tensions/): ASEAN has progressed consistently as a responsive regional actor, especially through its economic initiatives. The organization declared its commitment to regional economic integration as early as the 1976 Declaration of ASEAN Concord/Bali Concord I, and indeed, it tends to be in the economic sphere where the most detailed and formal agreements are signed. The formalization of the ASEAN Economic Community 2015 in 2007 from its relatively simpler predecessor agreements—such as the Preferential Trade Agreement, ASEAN Free Trade Area, ASEAN Framework Agreement on Services—is demonstrative of ASEAN’s commitment to boost regionalism. This commitment has survived and strengthened through present-day ASEAN initiatives. In particular, the past […]
- [Does Article IX of the Indus Water Treaty Constitute a Multi-Tiered Arbitration Clause?](https://asiansilvoices.com/does-article-ix-of-the-indus-water-treaty-constitute-a-multi-tiered-arbitration-clause/): Reflecting on the Permanent Court of Arbitration’s Award on the Competence of the Court in the Indus Waters Treaty Arbitration (Pakistan v. India) Part – I I. Introduction On July 6 2023, the arbitration tribunal constituted under the Permanent Court of Arbitration (“PCA”) rendered its Award on the Competence of the Court (“Award”) in an arbitration initiated by the Islamic Republic of Pakistan against the Republic of India under Article IX and Annexure G of the Indus Waters Treaty (“IWT”), as part of a preliminary phase of the arbitration proceedings. In these proceedings, Pakistan had requested the PCA to address the interpretation and application of […]
- [Regulating Aircraft Passages in Archipelagic Sea Lanes: Is Indonesia go beyond UNCLOS?](https://asiansilvoices.com/regulating-aircraft-passages-in-archipelagic-sea-lanes-is-indonesia-go-beyond-unclos/): Introduction In 2018, Indonesia introduced a new Government Regulation No 4 Year 2018 concerning the Security of the Airspace of the Republic of Indonesia. Among other issues, the regulation specifically deals with aircraft passage above the Indonesian archipelagic sea lanes. In the regulations, article 19 (3) it is stipulated that aircraft passing through the Indonesian archipelagic sea lanes must notify and get diplomatic clearance from the Ministry of Foreign Affairs and the Indonesian Armed Forces. This regulation is potential to be problematic. According to Ambassador Damos Agusman, a former Indonesian foreign ministry legal advisor, from his communications with his counterpart, […]
- [Reinforcing the Bonds Between the U.N. and the Permanent Court of Arbitration](https://asiansilvoices.com/reinforcing-the-bonds-between-the-u-n-and-the-permanent-court-of-arbitration/): The General Assembly of the United Nations adopted on August 1, 2023 a resolution looking forward to the 125th anniversary of the Permanent Court of Arbitration (PCA) next year and commending it for its significant contributions to world peace and justice. “Recognizing the important contribution of the PCA to the peaceful settlement of disputes …,” among others, the U.N. General Assembly (UNGA) “encourages Member States to make use of the PCA’s services, consistent with international, in arbitration, conciliation, mediation, commission of inquiry, and other peaceful means of dispute resolution, and … encourages Member States that have not yet done so to accede to the Conventions […]
- [The Wagner Group and the Question of the Legal Attribution of the Acts of Private Actors to a State](https://asiansilvoices.com/the-wagner-group-and-the-question-of-the-legal-attribution-of-the-acts-of-private-actors-to-a-state/): Recently President Putin officially revealed that the Wagner group had been financed by the Russian State. Specifically, he declared (see also here) having financed the group for around 1bln dollars between May 2022 and May 2023. With more and more details surfacing regarding the extent of the relationship between the Wagner group and the Russian Federation, the connivance between the two actors never looked so obvious. This is an opportunity to revisit the thorny problem of the attribution of private acts to a State under international law. Wagner is a private military company composed of mercenaries and founded in 2014 by the business […]
- [The Return of the Palestinian Question to the International Court of Justice](https://asiansilvoices.com/the-return-of-the-palestinian-question-to-the-international-court-of-justice/): Introduction On 30 December 2022, the United Nations General Assembly (UNGA) passed Resolution 77/247 on ‘Israeli practices affecting the human rights of the Palestinian people in the occupied territories’. In addition to condemning the Israeli occupation, UNGA also requested an advisory opinion, from the International Court of Justice (ICJ), on the legal effects of the occupation on Palestinian self-determination, which was recognised by ICJ on 20 January 2023. This second UNGA request allows the Palestinian Authority (PA) to refine the judicialisation started two years ago with the first opinion, dated 9 July 2004, on the legal consequences of building a wall in the occupied Palestinian territory […]
- [Justice Beyond the Courtroom? Residual Functions at the Extraordinary Chambers of the Courts of Cambodia](https://asiansilvoices.com/justice-beyond-the-courtroom-residual-functions-at-the-extraordinary-chambers-of-the-courts-of-cambodia/): A collaboration between CIL Dialogues and AsianSIL Voices The legacy of the Extraordinary Chambers of the Courts of Cambodia (ECCC) is a hotly debated topic. Many commentators applaud the ECCC’s historical achievement of convicting Khieu Samphan, the first head state for the crime of genocide in a region witnessing increasing authoritarianism. At the same time, many criticise the ECCC’s high cost, allegations of political interference, and procedural disagreements. Amidst debates over the ECCC’s legacy, there has been limited academic and media coverage of the ECCC’s post-prosecution judicial functions. In January 2023, the ECCC commenced its residual functions under an agreement between the United Nations and […]
- [The ‘Things Said in Passing’: The Duterte Drug War, Philippine Presidential Foreign Policy Prerogatives, and the Rome Statute of the International Criminal Court in Pangilinan v Cayetano](https://asiansilvoices.com/the-things-said-in-passing-the-duterte-drug-war-philippine-presidential-foreign-policy-prerogatives-and-the-rome-statute-of-the-international-criminal-court-in-pangilinan-v-cayeta/): A collaboration between CIL Dialogues and AsianSIL Voices On 16 March 2018, the Philippines formally submitted its notice of withdrawal from the Rome Statute (RS). This decision by the then president of the Philippines, Rodrigo Duterte, was in response to the ICC prosecutor’s opening of a preliminary examination (PE) into alleged crimes against humanity committed in the Philippines in the context of the ‘War on Drugs’ implemented by the Philippines government from 1 July 2016. On 16 May 2018, a group of Filipino senators—Francis Pangilinan, Franklin Drilon, Paolo Benigno Aquino, Leila De Lima, Risa Hontiveros, and Antonio Trillanes IV—filed a […]
- [Linking the law and public advocacy: a win-win for legal scholars and activists](https://asiansilvoices.com/linking-the-law-and-public-advocacy-a-win-win-for-legal-scholars-and-activists/): A collaboration between CIL Dialogues and AsianSIL Voices Lawyers and Journalists: greater than the sum of our parts  The story of the Myanmar Accountability Project (MAP) is a story about the confluence of international criminal law and public advocacy. Put crudely, it’s about where law and journalism meet.   As MAP’s founder and director, I hope our story illustrates that when legal practitioners and scholars clamber out of their silos and embrace the opportunities we offer each other, together we can be greater than the sum of our parts.   Indeed, when silos are broken down, I believe that the prospects for securing justice […]
- [The right to non-discriminatory reparations for slavery crimes: Malaya Lolas secure ground-breaking CEDAW decision and holistic recommendations](https://asiansilvoices.com/the-right-to-non-discriminatory-reparations-for-slavery-crimes-malaya-lolas-secure-ground-breaking-cedaw-decision-and-holistic-recommendations/): A collaboration between CIL Dialogues and AsianSIL Voices On 3 March 2023, published on 8 March—International Women’s Day—2023, the Committee on the Elimination of Discrimination against Women (Committee) issued its decision in Natalie Alfonzo et. al concerning the Philippines’ obligations under Articles 1, 2 (b) and (c) and 6 of the Convention on the Elimination of Discrimination against Women (Convention or CEDAW). The decision finds that the Philippines breached its obligations under Article 1, 2(b) and 2(c) under the Convention and provides a list of holistic recommendations to the State Party. This precedent-setting decision by the Committee acknowledges how the continuum of gender-based discrimination against […]
- [The ICL Ecosystem in the Asia Pacific: The Rome Statue and Beyond](https://asiansilvoices.com/the-icl-ecosystem-in-the-asia-pacific-the-rome-statue-and-beyond/): A collaboration between CIL Dialogues and AsianSIL Voices [This blogpost is based on a talk for the NUS Centre for Asian Legal Studies in November 2022, recording available here.] The fact that there are low ratifications of the Rome Statute in the Asia-Pacific region—with only 19 States Parties to the Rome Statute—is certainly cause for concern. Coupled with the fact that there are, unfortunately, multiple examples in the region of mass atrocities that need to be addressed and require accountability. These include Afghanistan, Myanmar, and the Philippines. The ratification of the Rome Statute in this region is a tale of ups and downs—withdrawals […]
- [Accountability for core international crimes in the ASEAN region: diversity in recent developments](https://asiansilvoices.com/accountability-for-core-international-crimes-in-the-asean-region-diversity-in-recent-developments/): A collaboration between CIL Dialogues and AsianSIL Voices While most ASEAN states are not parties to the Rome Statute, this fact should not distract from the region’s growing engagement with accountability for core international crimes at the domestic, regional, or international level. This trend reflects broader regional developments, such as ASEAN’s affirmation of its commitment to a rule-based international order. While ASEAN states continue to place much importance on principles of sovereignty and territorial integrity, the state and non-state actors in the region increasingly affirm and participate in accountability efforts for core international crimes. For example, ASEAN states have participated in […]
- [Internet Shutdowns in Asia: Locating the Right to the Internet a Human Right Under International Human Rights Law](https://asiansilvoices.com/internet-shutdowns-in-asia-locating-the-right-to-the-internet-a-human-right-under-international-human-rights-law/): On May 2022, the United Nations Human Rights Council (UNHRC) published a report which documented that the majority of the internet shutdown was reported in Asia.  Internet shutdown has become an instrument for many authoritarian governments to control the country and its citizens by suppressing dissenting voices, criticism of government policies, and censoring information. Bangladesh, Cambodia, China, India, Iran, Kazakhstan, Kyrgyzstan, Myanmar, Pakistan, Philippines, Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan, have imposed some kind of internet shutdowns to restrict access to the internet. Justifications offered for such shutdowns include preventing cheating in government exams, public safety, containing the spread of incitement to discrimination, hostility or violence, or combatting disinformation and deterioration in law and order. The UN General Assembly’s resolution (non-binding instrument) declared the right to internet […]
- [Russian Invasion of Ukraine is not an Exception or Rupture but a Continuity](https://asiansilvoices.com/russian-invasion-of-ukraine-is-not-an-exception-or-rupture-but-a-continuity/): The Russian invasion of Ukraine is in clear violation of the rules governing the use of force enshrined in the United Nations Charter. This adds to the list of previous violations of the prohibition of the use of force. Previous violations met with contradictory responses. Often the powerful states that were involved justified the use of force. These include the violations in the contexts of Kosovo, Iraq, Libya, and Syria. The Russian invasion of Ukraine is another instance of such violations and justifiably draws condemnations. However, Western states and their allies insist on the singularity and egregiousness of the Russian […]
- [Transferring of the Ukrainian Children to Russia as Genocidal Act](https://asiansilvoices.com/transferring-of-the-ukrainian-children-to-russia-as-genocidal-act/): Genocide is one of the most severe international crimes. The meaning of genocide and the acts that fall under it are defined in the UN Convention on the Prevention and Punishment of the Crime of Genocide or the Genocide Convention of 1948 and in Article 6 of the Rome Statute of the International Criminal Court. According to them, genocide is defined as an act committed with the intent to destroy, in whole or in part, any national, ethnical, racial or religious group. These actions include killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on […]
- [Significance of travaux preparatoires in interpreting the New York Convention](https://asiansilvoices.com/significance-of-travaux-preparatoires-in-interpreting-the-new-york-convention/): Since international law so often involves the application of treaties, the Vienna Convention on the Law of Treaties (“VCLT”) serves as a key instrument governing this process. Of particular interest for many disputes are the rules of treaty interpretation contained in Article 32 of the VCLT focusing on the drafting history. Some commentators often go so far as to suggest that the VCLT entrenches a categorical prejudice against travaux. However, this piece argues that such assertions are incorrect and that the travaux preparatoires plays (as it rightfully should) an important role in the interpretation of international agreements including the Convention on the Recognition and Enforcement of Foreign […]
- [Asia and the International Financial Institutions](https://asiansilvoices.com/asia-and-the-international-financial-institutions/): In this post we examine Asia’s engagements with the international financial institutions-notably the World Bank (“the Bank”) and International Monetary Fund (“the Fund”). We begin with Asia’s participation in the Bretton Woods Conference and analyze the Bank and Fund’s involvement with specific countries across South and East-Asia. We argue that Asia’s dealings with international financial institutions will evolve and adapt even as new fora and institutions have emerged for intra-regional economic and geo-strategic cooperation. India, China, and the Philippines represented South Asia and East Asia at the 1944 Bretton Woods Conference convened to discuss post-war reconstruction and financial stability. As Eric […]
- [Counter Terrorism, International Humanitarian Law and an Opportunity for India to Promote Congruence](https://asiansilvoices.com/counter-terrorism-international-humanitarian-law-and-an-opportunity-for-india-to-promote-congruence/): In a first since its establishment in 2001, a special meeting of the UN Security Council’s Counter Terrorism Committee (UNSC-CTC) has been hosted in India. India is also set to preside over the Open Briefing on ‘Global counter terrorism architecture: Principles and the way ahead’ as part of its UNSC Presidency in December. As she prepares herself to lead the discussion on counter terrorism at the international level, India must be mindful of the challenges that counter terrorism law may pose to other regimes, in particular to international humanitarian law (IHL), and support an approach that promotes congruence.  The Applicability of IHL to Counter […]
- [Harmonious Construction and the International Law Allegory in India](https://asiansilvoices.com/harmonious-construction-and-the-international-law-allegory-in-india/): Introduction The debate on whether international law can be considered as true ‘law’ has been unremitting, with no definite answer to the bindingness of international law. This paper analyses a contemporary constitutional practice—and tries to look at the way in which the Indian Supreme Court (“SC”) has applied the doctrine of ‘harmonious construction’ to incorporate international law to the domestic legal system of India, and its implications. Legal frameworks of most countries, including India, provide for international law within the domestic/municipal system. Typically, there are two traditions in this respect: First, as per the monist tradition, international law is automatically incorporated within domestic law, without […]
- [Genocide or Natiocide?](https://asiansilvoices.com/genocide-or-natiocide/): On February 24, 2022, the Russian Federation launched an open armed aggression against Ukraine. The main purpose of this so-called “special military operation” is the “denazification” of Ukraine contrived by the Russian leadership. Immediately, the world was shocked by the atrocities committed by the Russian occupation forces in Ukraine. In particular, Russians committed mass murders, tortured, and raped civilians on the occupied territories.        During hostilities, the occupiers very often resort to prohibited weapons: underwater mines, cluster munitions, high-explosive, phosphorus, and thermobaric bombs. And, having occupied the relevant towns or villages, they kidnap and torture local authorities. Hundreds of thousands of Ukrainian children have been deported to Russia during the “special […]
- [Fishing and Fishing-Related Activities: A Deadly Mutualism in the IUU Fishing Chain](https://asiansilvoices.com/fishing-and-fishing-related-activities-a-deadly-mutualism-in-the-iuu-fishing-chain/): Should fisheries support vessels play a more active role in addressing illegal, unreported, and unregulated (IUU) fishing and its associated crimes? IUU fishing is a broad term encompassing a wide range of fishing activity that contravenes international, regional, and national laws and regulations. IUU fishing vessels can remain at sea for extensive time without any port visit and are, therefore, able to elude oversight and control. Oceana reported that some fishing vessels could even spend more than 500 days at sea without any return to port. The nature of such fishing activity, particularly in waters beyond national jurisdiction, allows other crimes to […]
- [Loopholes in the Application of the “Fork-in-the-Road” Provisions in Investor-State Dispute Settlement Mechanisms](https://asiansilvoices.com/loopholes-in-the-application-of-the-fork-in-the-road-provisions-in-investor-state-dispute-settlement-mechanisms/): I. Introduction Foreign investors often make their investments by setting up or investing in a local company in the host state to carry out large-scale projects for public services such as road construction or electricity supply. A state’s conduct that injures a local company, and causes a loss in share values, may also affect its shareholders, including foreign investors. Domestic law normally prohibits shareholders from claiming their reflective loss on the assumption that only a directly injured company can recover the losses because such a rule is efficient and fair to all other shareholders. Under international investment regime, the investor […]
- [Time to Manifest Ourselves against a Total Collapse](https://asiansilvoices.com/time-to-manifest-ourselves-against-a-total-collapse/): International law is in turmoil, and under challenge. It has been likewise for centuries, but particularly since 24 February this year. It does not mean that international law has to be suddenly capable of terminating the aggression mounted against Ukraine. It has never been in the realm of international law to halt aggressions or the use of force in general, as far as the “halt” implies enforcive and effective action. However, the challenge posed to international law and international lawyers is existential, calling their values into question. It was President Zelensky of Ukraine who, in his online address to the […]
- [Has Germany made a mistake in pursuing its claims against Italy in the ICJ?](https://asiansilvoices.com/has-germany-made-a-mistake-in-pursuing-its-claims-against-italy-in-the-icj/): On 29 April 2022, Germany instituted proceedings against Italy for allegedly failing to respect its jurisdictional immunity as a sovereign State, and, subsequently, requested the indication of provisional measures. In this case, the parties, the basis of the court’s jurisdiction, and most of the alleged violations are the same as in the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) case. Therefore, as I will argue below, Germany could have achieved the same result by requesting an interpretation of the 2012 judgment, spending much less money and time, instead of instituting a separate case.   Following the institution of proceedings by Germany, the International Court […]
- [“New” Human Rights and Human Dignity](https://asiansilvoices.com/new-human-rights-and-human-dignity/): Introduction Some “new” rights have recently been added to the international human rights catalogue, such as the human right to a clean, healthy, and sustainable environment. These new rights protect global public goods, i.e. goods that benefit the totality of all States and all individuals together. They are thus different from the “old” human rights, such as the right to life, the right to liberty and security of person, the right to liberty of movement, and so on, whose beneficiary is the individual as individual. Whilst the academic community is busy promoting these new rights, some of the “old” human rights are challenged in […]

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- [About](https://asiansilvoices.com/about/): ABOUT US Vision-Mission The AsianSIL Voices is the official blog of the Asian Society of International Law (AsianSIL). The blog seeks to pursue the same broad goals that underpin our Society and its journal, the Asian Journal of International Law (AsianIL), namely, to promote international law in Asia and foster the development and articulation of Asian perspectives on international law.  The creation of the AsianSIL Voices is timely, if not urgent, for several reasons. Blogs play an important role in disseminating information and scholarship, furthering discussion and debate, and providing expert analysis of complex and often controversial issues in a […]
- [Home](https://asiansilvoices.com/): Welcome to The official blog of the  Asian Society of International Law The AsianSIL Voices seeks to pursue the same broad goals that underpin the Asian Society of International Law and its journal, the Asian Journal of International Law (AsianJIL), namely, to promote international law in Asia and foster the development and articulation of Asian perspectives on international law. Like the Society itself and the AsianJIL, AsianSIL Voices seeks to be attuned to the many challenges that academics in Asia face in presenting their ideas out into the world. We have chosen the title AsianSIL Voices for our blog as […]


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