Can Island Nations Secure Fixed Baselines under International Law? Part II – Jindal Forum for International and Economic Laws

Can Island Nations Secure Fixed Baselines under International Law? Part I – Jindal Forum for International and Economic Laws

Introduction The 21st century, heralded for its unprecedented surge in technological advancements, is currently confronted with a malignant phenomenon termed ‘climate change’. Extreme weather, global warming, and the ensuing rise in sea levels are now very much a ubiquitous reality. Among its various negative impacts, one particularly distressing reality is the swallowing of territory of…

Read More
Can Island Nations Secure Fixed Baselines under International Law? Part II – Jindal Forum for International and Economic Laws

Can Island Nations Secure Fixed Baselines under International Law? Part II – Jindal Forum for International and Economic Laws

Part I of the series argues that the fixed baseline approach violates the good faith obligation under UNCLOS, as it contradicts the treaty’s ordinary meaning and intent by disregarding actual coastal geography. While equity and climate justice are invoked, such interpretations risk distorting UNCLOS’s foundational principles and legal coherence. Part II evaluates whether the fixed…

Read More
Away From A Fixed Identity And Towards A Dynamic Equilibrium – The Original Position

Away From A Fixed Identity And Towards A Dynamic Equilibrium – The Original Position

Mr. Karan gupta Abstract In this article, the author argues, in response to Jacobsohn, that constitutional identity, though dialogical, need not be fixed. Important constitutional aspects emanate from distinct principles and tensions between them may be perpetuated, repudiating the claim that the constitution has a fixed identity and may be either militant or acquiesce. Jacobsohn…

Read More