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AThirtyEight was originally started by siblings Kirthi and Karthik Jayakumar in 2012. Quite simply, A38 is the abbreviated name of Article 38 of the Statute of the International Court of Justice, which talks of the Sources of International Law. 

The idea, in a nutshell, was to fill the gaps that we ourselves encountered while at law school. Research in Public International Law, at least in India, remained confined to Malcolm Shaw, Antonio Cassesse, Ian Brownlie and Oppenheim for a long time. Resources weren’t easy to come by, and no matter what law school you went to, access to thinking and resources in public international law remained confined. What made that doubly unpalatable was the fact that one chanced upon very few academics in the field – some of whom didn’t quite think out of the box themselves. We wanted to create a space that would allow people to really delve into Public International Law, and explore the dynamics it brings to fore. 

A38 was an idea that tried to fill that gap. After a brief sojourn, it closed down in 2015, and has since been revived in 2017 by Sourya Banerjee, of Arguendo and LearnLaw fame. (Kirthi Jayakumar just lingers around for the cookies and stationery.)

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Use Of Human Shield In Kashmir – A Legal Analysis

A lot has been debated and written about the ‘human shield’ incident that happened on April 9, 2017, in Kashmir’s Budgam district. Farooq Ahmed Dar, a 26-year-old shawl weaver of Chil village in Beerwah sub-district was tied in front of an Army Jeep and allegedly paraded through several villages for nearly five hours.[1] The media, lawyers, politicians and even army officers have stark differences of opinion on the legality of the said incident.[2] Major Leetul Gogoi, who tied the victim on the army jeep was awarded chief of army staff’s Commendation Card for sustained efforts in counter-insurgency operations.[3] This award was given pending proceedings before the court of inquiry into the said incident. On the other hand, the victim, Farooq Ahmed Dar approached the State Human Rights Commission against the reward given to Major Gogoi by the Army and separate petitions were filed before the National Human Rights Commission against the felicitation.[4] It is alleged that the actions of…

Qatar invokes ICJ Jurisdiction against UAE- Alleges Racial Discrimination

The State of Qatar on the 11th of July, instituted proceedings against the United Arab Emirates at the International Court of Justice (ICJ), with regard to alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination,1965 (hereinafter the “CERD”), to which both States are parties. Qatar invoked the ICJ's jurisdiction under Article 36, paragraph 1, of the Statute of the Court and Article 22 of the CERD. Qatar contended that the UAE has enacted and implemented a series of discriminatory measures directed at Qataris based expressly on their national origin [that] remain in effect to this day, resulting in alleged human rights violations. According to Qatar, on and following 5 June 2017, the UAE expelled all Qataris within its borders; prohibited them from entering or passing through the UAE; closed UAE airspace and seaports to Qatar and Qataris; interfered with the rights of Qataris who own property in the UAE; limited the rights of Qatar…

The Battle of the Oil Titans: Qatar drags UAE to the ICJ alleging violations of the CERD

In what can be said as a fresh face-off in already hostile relations between The State of Qatar and Gulf countries, the former acting under parens patraie doctrine has initiated proceedings at the International Court of Justice against United Arab Emirates (UAE) on 11th June invoking Article 36, paragraph 1, of the Statute of the Court and Article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (hereinafter CERD). The proceedings come a year after Qatar was accused of funding terrorism in the region keeping in view its proximity with Iran and consequently, Egypt, Bahrain, UAE and Saudi Arabia severed its diplomatic and trade ties with it. Qatar (Applicant) in its application to the Court contends that “[t]he UAE has enacted and implemented a series of discriminatory measures directed at Qataris based expressly on their national origin [that] remain in effect to this day, resulting in alleged human rights violations.”
According to Qatar…