1,721,004 research outputs found
China’s Belt-Road Initiative and Investment Strategies: A Two Pillar Approach to Afghanistan
Get PDFChinese investment in Afghanistan is part of the Belt and Road Initiative (BRI), the country's major foreign policy initiative
that aims to build land and maritime infrastructure links to support trade within and outside Asia. However, there are still significant
concerns regarding including Afghanistan in the Belt and Road initiative. This article examines the impact of the Chinese Belt and
Road Initiative and investment in the mineral resources of Afghanistan. The article concludes by discussing the challenges Kabul will
face in reaping the benefits of participating in this extensive connectivity and investment initiative
War crime in Afghanistan
Get PDFWar crimes are identified with violations of the law of war at the time of armed conflict. It is an extensive concept and if any harm is caused to mankind during peacetime, it is regarded as a war crime. Any kind of infringement of human rights falls under war crimes. The suffering of Afghans was ignored by the world for a couple of decades but what is not acceptable is that Afghanistan’s government is doing the same. Afghanistan does not have any substantial law on genocide. War crimes in Afghanistan include acts such as abuse of civilians or prisoners of war. It is important to deal with the problem of genocide and related violence. Hence, war crimes in Afghanistan are violations of international humanitarian laws incurring
individual criminal responsibility and must be adequately investigated
Survivors and Disability of Armed Conflicts: The Conundrum of Differently Abled Persons in Afghanistan
No full textThe United Nations Convention on the Rights of Persons with Disabilities is a significant international document that seeks to guarantee equal human rights and freedoms for all individuals with disabilities. The convention outlines specific articles, such as Article 24, which calls for equal access to education for people with disabilities on an equal footing with others. Article 27 prohibits workplace discrimination against individuals with disabilities and requires state parties to provide reasonable accommodations. Additionally, Article 12 stipulates that people with disabilities should have their legal capacity on par with others. By establishing these provisions, the CRPD is working towards creating a more inclusive society for people with disabilities, where they can live with dignity and without discrimination. The marginalization of people with disabilities in Afghanistan has been a longstanding issue that has resulted in social barriers, exclusion from public participation, and denial of their right to equality. Crimes related to disabilities often go unreported due to stigma, lack of public awareness, and the absence of an effective legal framework. While Afghanistan ratified the CRPD convention in 2012, discrimination and social stigma against Afghan PWD continue to be prevalent. Ratification alone is not sufficient for a war-torn state, and the country must implement effective disability laws to address the issue. This book employs emancipatory research methods and provides a roadmap for resolving the conundrum of people with disabilities in Afghanistan. Understanding disability as a complex social phenomenon and the intersectionality of social and medical models of disability is crucial in addressing the issue
The Agonising Narrative of Environmental Dilapidation in the tussle of Armed Conflict; From the Lens of International Humanitarian Laws
No full textIt is reasonable that humans have long recorded war fatalities in terms of injuries, death of combatants and civilians, the devastation of cities, and lost livelihoods; we fail to consider the environment, yet, we cannot disregard this issue. The study focuses on how war fuelled catastrophic environmental proceedings have continued to contamination of land, destruction of forests, plunder natural resources, and climate change, forcing the mass displacement of populations within and across borders and creating threats to human health; accordingly, these threats include the direct and indirect consequences of war and conflict such as a lack of clean air, water, nutrition, and housing, increased exposure to infectious diseases, and psychological trauma. The United Nations already tries to reduce the destruction from warfare through international laws called the Fourth Geneva Convention. However, this law has not stopped the degradation of the environment during the war. There is a need for a new set of rules that protect human health and the environment during armed conflict. In this study, the current study engaged in the debate and contextualises it with the research related to the war and environment to offer a better explanation than what already exists and, on its subtext, what the social renovation model needs to bear to stand the test of time and challenges. This research is a normative legal study in which part of the literature will be reviewed to acquire the necessary data using normative approaches. This study will collect and use secondary data from primary, secondary, and legal documents
A Tale of Two Tax Systems: A Comparative Analysis of General Anti-Avoidance Rules Provisions in India and Australia
Get PDFGeneral Anti-Avoidance Rules (GAAR) is designed to curb tax evasion through legal loopholes, is explored in depth, shedding light on both jurisdictions' statutory intricacies and judicial decisions. While the overarching goals of GAAR align in both countries, notable disparities exist in their scope and application. In India, GAAR provisions extend to all arrangements, whereas in Australia, their application is limited to schemes. Notably, the Indian GAAR mandates a lack of commercial substance for the arrangement, a requirement absent in the Australian provisions. This paper examines a comprehensive comparative study of General Anti-Avoidance Rules (GAAR) in India and Australia, examining the legislative frameworks and judicial interpretations governing these provisions. The paper also scrutinizes judicial interpretations, revealing a more restrictive approach adopted by Indian courts in contrast to the comparatively liberal stance embraced by Australian counterparts. Drawing on the comparative analysis, the paper emphasizes the necessity of a nuanced, case-specific approach to the application of GAAR provisions, recognizing the distinct facts and circumstances of each situation. This paper contributes to a more profound understanding of the multifaceted nature of anti-avoidance principles in these jurisdictions by dissecting the divergences and convergences in India and Australia's statutory frameworks and judicial attitudes
The Chronicle Constitutional Failures in Afghanistan: A Narrative of Agonising Constitutional Death
Get PDFAfghan constitutions fell because these constitutions were the regime’s constitution and not the Afghan people’s constitution. Each regime had its constitution, and all these constitutions were adopted in shrowded secrecy without a public referendum or inclusive public participation. The country was simply ungovernable; each regime collapsed because it lacked legitimacy in the eyes of the people. In this article, the study begins to examine the chronicle failure of the Constitutions in Afghanistan by highlighting the Afghanistan experience with the Constitutions 1923 and 1931, Constitution 1964, and Constitution 2004, which all serve as core the for the present discourse. The contention of this paper is to explain the causes of constitutional failure in the context of political transition. The premise of this paper is to overview the constitutional crisis over the last 98 years. The study employed doctrinal legal research in which normative approaches were to evaluate the literature to acquire the required legal propositions. The literature gathered and used in this study will include secondary, primary, and legal documents. This qualitative explorative study aims to analyse the constitutional failure and demise of constitutionalism, which are scarce. To cope up with such scarcity, this study mined any type of relevant materials that have been published, including written manifestos, books and articles
Rethinking diplomacy: Afghanistan’s trade renaissance
Get PDFAfghanistan, a landlocked and post-conflict nation, has faced significant challenges integrating into the global economy. Despite the integration made by Afghanistan with accession by the World Trade Organization (WTO), the country continues to lack international support. The question is how trade diplomacy can assist Afghanistan in establishing a resilient future by connecting the country with other nations. The existing study argues that trade bilateralism and multilateralism move the country from a period of isolation to a more interconnected system through commercial partnerships. In order to promote economic growth, raise living standards, generate jobs, and draw foreign direct investment into Afghanistan, and integrate its trade with the global trading system, and create a sustainable economy, the nation joined the WTO. There is an abundance of research articles discussing foreign direct invasion in Afghanistan, but there is relatively little information available regarding the amount of foreign direct investment Afghanistan has received since joining the WTO. The existing study employs doctrinal research approaches and is limited to Afghanistan international trade of post 2003
The International Legal Status of Afghanistan’s Ambassadors Representing a Defunct Government
No full textThis study explores the international legal status of
Afghan ambassadors representing a defunct government and the complexities it entails for diplomatic recognition and authority. It focuses on clarifying how Afghan embassies function without a chain of command after the collapse of the previous government. The paper emphasizes the diplomatic
actions of Afghan embassies in countries like the USA and India, as well as their engagement with international organizations such as the United Nations. It also discusses the challenges faced by diplomats representing a dissolved government and examines the diplomatic engagement of the Taliban. The study concludes by presenting the current
scenario of diplomatic relations in Afghanistan,
considering the unique challenges faced by the
defunct government's representatives. Lastly, it
delves into the concept of virtual embassies and
consulates and their relevance in the modern
diplomatic landscape
The Fourth World Approaches to International Law: A Cursory Glance
Get PDFThe questions of Fourth Worlds are still not widely discussed in philosophical perspectives, even though a Third-World interpretation of international law is an established and thriving theme. The segmentation of the world community along economic, political, and ideological lines is referred to as the "Fourth World." It is an exegetical evolution of the "Three Worlds" theory. The study uses doctrinal research methods and literature from the "Third World" to spotlight the "Fourth World." under international law. This article aims to highlight the similarities and differences between third- and fourth-world people’s experiences and expectations under international law
Protection of Video Games under Indian and the United States of America Copyright Law
Get PDFVideo games raise various legal questions and challenges for the IPR system, mainly due to the complexity and segmentation of the game and there is some particular problem with a particular video like trademark registration, and copyrighted content directly such as sound effects. The current area of the legal protection of video games is very complex. Though Art. 2 of the Berne Convention protects video games under copyright protection. Vidoe game is also subject to protection under the national law of the member states, protection of video games is required in the world of technology and creativity. The modern game contains audiovisual few features software that interacts with a different part of the video game. The present study employs the doctrinal method of research and is limited to the protection of video games under the Indian Copyright protection and the United State of America Copyright Protection
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