Articles by Bharat H Desai

The sheer audacity of Justice P N Bhagwati’s vision, philosophical rationale and futuristic imprint of judicial activism appear to be unparalleled. It provides a beacon of hope to us that much desired changes in the Indian legal system are possible. This can happen if conscientious judges with wider horizons can marshal ideas that are duly guided by taking the Constitution as an organic beacon of hope for betterment of the society at large.

Sexual and gender-based violence in conflict zones is largely regarded as an inevitable by-product of war, random acts of a few renegades, or mere collateral damage. Though a process for concerted action against SGBV during armed conflicts has taken shape in the wake of the United Nations Security Council resolutions as well as incorporation of crimes of sexual violence in the statutes of International Criminal Court and international criminal tribunals, more needs to be done to squarely address this menace.

In terms of international law and relations, how is it possible to ensure “closure” of past wrongs as sovereign states and their heads seek to tender “apology” for simmering past incidents?

In order to assess the legal validity of the Crimean declaration of independence from Ukraine, one should delve into intricacies of secession and the right to self-etermination under international law. The right to self-determination was initially thought to be applicable in the colonial contexts. However, in the neocolonial situations the right often collides with the territorial integrity of the sovereign states.