A Study on the Case of Kalbushan Jadev from the View of International Law

Kulbushan Yadhav Case is a unique case in which an Indian spy was caught during the operation of security forces in Pakistan in 2016. He was allegedly involved in sponsoring terrorism in the provinces of Baluchistan and Sindh in Pakistan. He confessed all the offenses committed by him which was telecasted on TV channels across the world. Kulbushan Yadhav was serving Commander of Indian Navy that confessed that he funded BLA and BRA named illegal terrorist organizations in the Province of Baluchistan while working for Indian Intelligence Agency RAW. He further confessed that he visited Karachi twice and gathered intelligence pertaining to Pakistan’s Navy. He also admitted that there are many other RAW agents like him working in He was sentenced to death in Pakistan. India denied the confession of Kulbushan Yadhav again and again. India approached International Court of Justice in 2017 which initially stayed the execution of death sentence against Kulbushan Yadhav. In the final verdict of the case the International court of Justice (ICJ) granted consular access to India and ordered review of death sentence of Kulbushan Yadhav in July 2019. India’s plea for the release of Kulbushan Yadhav was rejected. This case was contested by India Legal team headed by Mr. Harish Salve and Pakistan’s Legal Team headed by Mr. Khawar Qureshi. India’s stance was that Pakistan is denying consular access to India which is right of accused under the provisions of Vienna Convention. The proceedings of the case initiated in May 2017 and finally the case got decided in 2019. In this article we have used different spellings of the name of Kulbushan Yadhav (Jadhev) as this name is written both ways in India and Globally. Pakistan and India are neighboring countries located in sub-continent. Both got independence from Great Britain by virtue of Partition Act 1947. India never accepted Pakistan’s independence because of which it made things worse for Pakistan since the independence times. Both countries fought fierce wars against each other in 1948, 1965, 1971 and 1999. Pakistan also lost half of the country which was East Pakistan and later it becomes Bangladesh in 1971 because of the interference of India in the internal affairs of Pakistan. Pakistan came into being on the doctrine of Two Nation Theory which was given by Dr. Allama Muhammad Iqbal at his historic speech at Allahabad India in 1931. He was a renowned poet also known as poet of the east. According to the two nation theory there are two nations living in Indo-Pak Subcontinent which are different in their cultures, religions, morals, language and lifestyles. They cannot live together because of which there is a dire need of separate homeland for Muslims living in India. This two nation theory becomes the basis of division of India and creation of Pakistan in 1947. When Pakistan lost East Pakistan province, the then Primemininster of India Mrs. Indira Gandhi said “Two Nation Theory has been drowned in Bay of Bengal”. India has the same approach of destroying rest of Pakistan because of which it keeps sending its agents in Pakistan to destabilizing it. Kulbushan Yadhav is one of such agents which got arrested after considerable time. He was involved in sponsoring terrorism activities in Pakistan especially in the provinces of Baluchistan and Sindh. Pakistan and India are both Nuclear Armed Nations. Both the countries are well equipped with the state of the art machinery, fighter jets, strong armed forces and capability to destroy each other. There are border disputes also between both countries especially because of disputed territory of Jammu & Kashmir. If agents like Kulbushan Yadhav are not restrained from interfering in the matters of Pakistan, someday this world may become an unsafe place to live. Keywords: - Kulbushan Yadhav Case, Indian Spy Case, Consular Access Latest Judgment, Indian Terrorist Spy Case, Cross Border Terrorism by India, Indian Sponsored Terrorism DOI: 10.7176/JLPG/97-03 Publication date:May 31st 202

The East African Indian Ocean and the Security Challenges

Piracy is an ancient phenomenon practiced in many parts of the world by states and individuals to represent political authority, economic control, military strength, vengeance, etc. Global trading routes, free passage, and a dangerous threat to regional and international stability have been adversely interrupted by these illegal activities. This article is intended to study the security impacts of Somali pirates on the Indian Ocean and its implications for integral economic growth.The article also revisits the historical piracy experience on the horn of Africa and East Africa and how the regional states and the international community have come together to suppress piracy.The article further suggests that foreign military intervention is not the ultimate solution to Somali piracy; however, political and diplomatic engagement can significantly impact water-down the severity of maritime criminal activities in the Indian Ocean beyond. Regional and international communities have decisively engaged in several military operations against Somali pirates. Their offshoots on land have not managed to eradicate these groups.The paper concludes that for the Indian Ocean to be safe, navigable, and a potential economic base that guarantees smooth transportation, fishing, and extraction of marine resources, the East African Indian Ocean countries must ensure security and political stability restored in Somalia. Keywords: Piracy, global security, the East African Community, the Indian Ocean, piracy, maritime economy, maritime security DOI: 10.7176/JLPG/103-12 Publication date: November 30th 202

Regional Model Bit’s : A New Down For the Developing Countries

Foreign direct investment (FDI) plays a crucial role in the economic sector, particularly in developing countries. BIT lays down instrumental principles which help to protect investors’ establishments in host states, by inter alia encouraging prompt compensation in case of expropriation. Governments need FDIs to gear up their economic growth, advance technology, and scale down unemployment. Most scholarly writings are in favor that BIT is a necessary tool for promoting FDIs, however this study takes a different approach and categorically unveils the draw backs of BIT in developing countries by highlighting some of the contentious provisions that have sparked unprecedented legal, economic, sociopolitical and diplomatic strife between the host countries, investors and investors’ home countries. Therefore, the author proposes development for regional Model BITs that would go in line with national laws to curtail the persisting sovereignty and socio-economic challenges

THE FUTURE OF LAW FROM THE JURISPRUDENCE PERSPECTIVE FOR EXAMPLE :THE INFLUENCE OF SCIENCE & TECHNOLOGY TO LAW, AI LAW

The field of law is as old as the human civilization. In the ancient Holy Scriptures, the laws of humans, God made Laws, laws of nature, cultural laws, trade laws etc. have been discussed around the world. Even in the stone ages humans were following certain principles and laws which were the basis of law. This article touches the historical perspective, present scenario and future of law. Especially the use of technology in law has brought a revolutionary change in recent decades. The computers, cell phones, social media, internet as a whole, Google play store applications, laptops, i pods and various other devices have made significant changes in old practices and present-day practices in the field of law. Hence, the research aim is a consideration material in making future laws about AI in order to protect Artificial Intelligence users around the world. The research methods and techniques have been made simple. This is a fast world in which we are living. No one has time for anything in this era. With the use of technology many time-consuming activities can be performed in minutes and seconds in this era. We are heading in a direction of more human friendly and time saving environment. Although humans in different parts of the world have different cultures, norms, ethics, eating habits, religions, physical appearances and opinions but there are certain norms and international practices which are widely accepted around the world