NUJS Journals West Bengal National University of Juridical Sciences
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ARBITRATION OF SPACE DISPUTES: A REVIEW OF THE OPTIONAL RULES FOR ARBITRATION OF DISPUTES RELATING TO OUTER SPACE ACTIVITIES
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SPACE TRAVEL: SELECT LEGAL ISSUES
Get PDFThe rise of commercial space travel presents exciting opportunities but also raises significant legal and environmental challenges. Issues such as passenger safety, liability waivers, and the impact of space tourism on atmospheric pollution require urgent attention. This article examines key legal doctrines, including volenti non fit injuria, contractual liabilities, and evidentiary concerns for space travellers. It also highlights the environmental risks posed by frequent rocket launches and calls for stricter regulations to balance economic benefits with sustainability
HANG UP THE DOUBLE HAT: SAFEGUARDING LEGITIMACY IN INVESTMENT ARBITRATION
No full textThe steadfast notions of justice have concomitantly carried with them the schemes of impartiality and independence of an adjudicator. The roles rendered by an adjudicator and an advocate need to be mutually exclusive in order to preserve the identity of third-party dispute adjudication. If the two roles, for some reason, are intermingled, it results in ostensible perceptions of conflict of interest. Double-hatting is one such problem besieging International Investment Arbitration whereby the same individual renders the role of an arbitrator and adjudicator, either simultaneously or sequentially. This situation gives rise to systemic legitimacy concerns based on lack of impartiality and independence of an adjudicator who has an inherent interest in the outcome of the dispute. Investment arbitration as a juridical paradigm is predicated in public international law; therefore, these disputes arguably have a bearing on one another. When an arbitrator has a pre-existing relationship with the subject matter of the dispute, it engenders issue conflicts. Double-hatting as a practice is perceived as ‘deplorable’ in the investment dispute settlement regime. However, this endeavour focuses on demonstrating that with the requisite measures incorporated in the procedural schemes, this practice can be extenuated. The relevant stakeholders in this firmament have taken steps to prevent this practice by imposing codes of conduct for disclosure and recusal obligations for adjudicators to nip this menace at the bud. This paper discusses the general notions of double-hatting, how it is inimical to attaining justice and then explores solutions to dual-hatting by discussing various institutional safeguards and sui generis solutions
LOSING AFGHAN LAND, AND ALSO SKIES
Get PDFThe Taliban’s takeover of Afghanistan has led to significant disruptions in global aviation, particularly affecting flights over Afghan airspace. Airlines are now forced to reroute, leading to increased operational costs and longer flight durations. The instability has also influenced oil prices, exacerbating financial burdens on the aviation industry, which is still recovering from the COVID-19 crisis. Despite the potential for the Taliban to monetize overflight permits, international recognition remains unlikely due to geopolitical and security concerns. This article explores the impact of these disruptions on consumer behaviour, airline economics, and global diplomacy, emphasizing the need for coordinated international action to stabilize Afghanistan and protect regional interests
