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Ankit Malhotra
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30:06
Ankit Malhotra's Paper in Cornell University on International Criminal Law& Corporate Complicity
This in-depth analysis explores corporate involvement in atrocity crimes, including genocide, war crimes, and crimes against humanity, while examining regulatory trends from the 1600s to the present day. Corporate complicity in such crimes has a long history, with businesses operating in conflict zones or under oppressive regimes often becoming entangled in human rights violations. Drawing from Annika van Baar’s research, this discussion outlines key legal, historical, and corporate responsibility frameworks that have shaped global responses to corporate participation in mass atrocities. Over the centuries, corporate involvement in crimes against humanity has evolved from state-sanctioned exploitation during colonialism to modern-day corporate partnerships with oppressive regimes. The lack of regulation in the early periods allowed businesses to profit from human rights abuses without consequence. However, with the rise of international law and human rights norms, efforts have been made to hold corporations accountable. From the Nuremberg Trials, which established precedents for prosecuting business leaders for war crimes, to contemporary cases like Lafarge’s involvement in terrorism financing, legal systems have struggled to consistently apply justice to corporate actors. An important aspect of corporate crime regulation is the role of international criminal justice and civil society. While legal accountability remains difficult to enforce, human rights organizations and advocacy groups have played a significant role in pressuring corporations to uphold ethical business practices. The increasing focus on corporate due diligence and human rights compliance has led to the institutionalization of regulatory norms, although challenges persist in ensuring meaningful enforcement. This video provides a structured overview of the historical and legal dimensions of corporate involvement in atrocity crimes. By analyzing key cases—including Shell’s complicity in human rights violations in Nigeria, Blackwater’s role in war crimes in Iraq, and the Lafarge terrorism financing case—this discussion highlights patterns in corporate misconduct and the ongoing efforts to establish accountability. The role of civil society and legal reform is also examined as a crucial factor in shaping the future of corporate responsibility.
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13:46
Ankit Malhotra's Paper on Ineffective International Cultural Heritage Law in Indian Courts
Our cultural heritage is under siege—not by war or conquest, but by the insidious plunder of illicit trade. The inability of legal frameworks to effectively safeguard India's heritage has allowed invaluable artifacts, from ancient idols to modernist furniture, to disappear into the international market. Nowhere is this failure more apparent than in the case of Chandigarh’s mid-century modern furniture, designed by Le Corbusier and Pierre Jeanneret, which has been systematically removed from government buildings and auctioned abroad for staggering sums. This is not merely a matter of aesthetics but a glaring indictment of legal shortcomings—both international and domestic—that have enabled such cultural depredation. International cultural heritage law, including the 1970 UNESCO Convention, was established to prevent the illicit trafficking of cultural property. However, the practical enforcement of these laws remains weak. India, despite being a signatory, has faced significant obstacles in reclaiming stolen artifacts, largely due to the non-retroactive nature of the Convention and the burden of proof placed on source nations. Courts in market countries often demand conclusive evidence that an object was illegally exported, shifting the onus onto India to establish clear documentation. This requirement is particularly challenging for objects like Chandigarh’s furniture, which, unlike traditional antiquities, were not historically registered or cataloged as cultural treasures. In several instances, such as the 2008 Paris auction controversy, Indian authorities have been unable to halt sales due to the lack of immediate and definitive proof of illicit export. Beyond international treaties, India’s domestic legal framework is similarly inadequate. The Antiquities and Art Treasures Act of 1972, designed to regulate the export of cultural property, only applies to objects over 100 years old. This arbitrary threshold excludes significant pieces of modern heritage, such as Chandigarh’s mid-century furniture, leaving them unprotected under Indian law. Even for antiquities that qualify under the Act, enforcement has been weak due to poor documentation, lack of awareness, and procedural inefficiencies. Judicial interpretations have further complicated enforcement, as seen in cases like *State v. Bhuwan Chand Joshi*, where legal loopholes and insufficient expert testimony led to acquittals in cases of stolen heritage. India’s challenges in enforcing cultural property laws are compounded by jurisdictional and evidentiary hurdles. Legal action against smugglers and dealers is often slow and cumbersome, allowing stolen artifacts to be dispersed across multiple jurisdictions before legal proceedings can be initiated. The global nature of the illicit antiquities trade demands stronger cross-border cooperation, yet India’s efforts have been largely reactive rather than preventive. Bilateral agreements, such as the 2016 U.S.-India Cultural Property Agreement, have provided some recourse, restricting the import of stolen artifacts into the U.S., but similar agreements with European nations remain limited. To address these deficiencies, a multi-pronged strategy is required. Comprehensive documentation and inventory of heritage assets must be prioritized to establish provenance and prevent illicit export. Strengthening enforcement mechanisms, including specialized art crime units within law enforcement agencies, can enhance vigilance at ports and borders. Legislative amendments to the Antiquities and Art Treasures Act should expand its scope to include historically significant objects regardless of age. Additionally, India must actively engage in diplomatic negotiations for stronger bilateral treaties with major art market countries, ensuring expedited repatriation of stolen artifacts. Public awareness and community involvement are equally crucial. A well-informed populace is the first line of defense against heritage theft, particularly in regions housing vulnerable cultural artifacts. Local engagement in heritage conservation efforts can deter illegal trade and foster a sense of collective responsibility for cultural preservation. The ongoing loss of India’s cultural heritage is not an inevitable fate but a consequence of systemic legal and enforcement failures. By modernizing its legal framework, strengthening enforcement, and fostering international collaboration, India can reclaim its heritage and prevent future losses. The protection of cultural property is not merely a legal obligation but a civilizational imperative—one that demands urgent and decisive action. The fate of our heritage depends not only on the strength of our laws but on the will to enforce them effectively.
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18:30
Ankit Malhotra’s Paper on Heritage& History of the Sikh Empire
Dive into the fascinating history of the Sikh Empire, the last major indigenous power in India before British colonial rule. This comprehensive exploration unveils the remarkable leadership of Maharaja Ranjit Singh, famously known as the "Lion of Punjab," whose vision transformed the Punjab region into a prosperous and united empire. Learn how this iconic empire navigated turbulent times, resisted invasions, and fostered inclusivity, unity, and progress. This video covers the rise of the Sikh Empire, tracing its origins during the decline of the Mughal Empire and the threats posed by Afghan incursions. It highlights Maharaja Ranjit Singh’s extraordinary military strategies, diplomatic acumen, and inclusive governance. Discover how he modernized his army with the help of French and Italian generals, introduced gold and silver Nanakshahi coins, and strengthened the cultural and spiritual heritage of Punjab, including the iconic transformation of the Harmandir Sahib into the Golden Temple. Explore the empire’s revolutionary water resource management, leveraging the fertile lands of Punjab’s five rivers—Jhelum, Chenab, Ravi, Beas, and Sutlej—for agricultural prosperity. This video also discusses how these practices laid the groundwork for modern irrigation systems and influenced the region’s development under British rule. Understand the critical treaties, including the Treaty of Amritsar, that defined the Sikh Empire’s relations with the British East India Company. Delve into the conflicts, such as the Anglo-Sikh Wars, that led to the empire’s eventual annexation in 1849, marking a turning point in South Asian history. Gain insights into how the Sikh Empire’s legacy shaped contemporary issues like water-sharing disputes and the Indus Waters Treaty. From the historic Koh-i-Noor diamond to the modern implications of resource management, this video connects past and present, offering valuable lessons for leadership, sustainability, and international cooperation. If you're passionate about Indian history, heritage, international relations, and the enduring impact of visionary leadership, this video is a must-watch. Subscribe now and explore the rich history of the Sikh Empire, its achievements, and its lasting influence on South Asia and the world.
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13:04
Ankit Malhotra's Paper on Determining the Legal Correctness in the International Court of Justice
This Paper proposes a comprehensive analysis of the landmark case "Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation)" before the International Court of Justice (ICJ). This case epitomizes the intricate overlay of legal frameworks addressing terrorism financing, racial discrimination, and their broader implications on Economic, Social, and Cultural Rights (ESCR), as well as other human rights violations and crimes. The paper begins by outlining the foundational aspects of the case, where Ukraine accuses the Russian Federation of violating the International Convention for the Suppression of the Financing of Terrorism by purportedly providing funds, weapons, and other forms of support to illegal armed groups. These groups have committed acts of terrorism in Ukrainian territory, including the tragic downing of Malaysia Airlines Flight MH17. Concurrently, Ukraine alleges violations of the International Convention on the Elimination of All Forms of Racial Discrimination, asserting that Russia has engaged in systematic discrimination against Ukrainian and Crimean Tatar communities, particularly in the annexed region of Crimea. Our analysis then delves into the procedural and substantive legal arguments presented by both Ukraine and the Russian Federation, highlighting the novel legal questions raised by the case regarding the interpretation and application of the two conventions. It emphasizes the ICJ's role in interpreting these international instruments within the context of contemporary geopolitical conflicts and the challenges posed by asymmetric warfare and non-state actors. Furthermore, the paper explores the connections between violations of the conventions and broader human rights concerns, particularly focusing on Economic, Social, and Cultural Rights (ESCR). It argues that the financing of terrorism and racial discrimination have far-reaching implications for the realization of ESCR, as they can exacerbate poverty, hinder access to education and healthcare, and disrupt social cohesion. By undermining the economic and social infrastructure, these violations perpetuate a cycle of deprivation and discrimination that extends beyond the immediate victims. Additionally, the analysis extends to the interrelation between the alleged violations and other forms of human rights abuses, including the potential for acts of terrorism to constitute crimes against humanity, and the systemic discrimination against ethnic groups to trigger international concerns over genocide and ethnic cleansing. It critically examines how the intersectionality of human rights violations requires a holistic approach to international law that encompasses the protection of civil, political, economic, social, and cultural rights. The paper concludes by reflecting on the broader implications of the case for international legal practice and the enforcement of international human rights norms. It underscores the importance of international judicial mechanisms in addressing complex human rights issues and the need for robust international cooperation to prevent the financing of terrorism and eliminate racial discrimination. The case study serves as a pivotal reference point for understanding the dynamic interplay between different facets of international law and human rights, highlighting the challenges and opportunities for advancing global justice and human dignity.
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02:21
On Remembrance
In this video, we explore the significance of remembrance and its portrayal through broadcasters. How do they shape collective memory, and what happens when remembrance fades? Join us as we delve into the language of remembrance—vergangugeisverithgung—and examine its role in shaping narratives, preserving history, and addressing the gaps left by a lack of remembrance.
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15:15
Ankit Malhotra’s Paper on International Ad Hoc Investment Arbitrations in South Asia
Trade has emerged as a critical growth engine in Southeast Asia, generating welfare, creating jobs, and alleviating poverty. The dynamic growth in services trade, driven by digitalization and new technologies, presents vast opportunities in one of the world's most economically vibrant regions. However, this growth is accompanied by challenges such as regulatory complexities and geopolitical tensions. International investment arbitrations and ad hoc courts and tribunals play a pivotal role in navigating these opportunities and challenges International investment arbitrations provide a framework for resolving disputes that arise between investors and states, ensuring that foreign investments are protected and disputes are resolved impartially. For instance, the case of Sanum Investments v. Laos highlighted the importance of investment arbitration under the China-Laos Bilateral Investment Treaty (BIT). The tribunal's decision provided clarity on the BIT's application and underscored the role of arbitration in safeguarding investor rights in Southeast Asia. Another significant case is Beijing Urban Construction Group Co. Ltd. v. Yemen, where the investor sought redress under the China-Yemen BIT. Although Yemen is not in Southeast Asia, this case is pertinent due to the involvement of a Chinese company and reflects the broader application of investment treaties in protecting Asian investors' interests abroad, which in turn bolsters confidence in Southeast Asia’s investment landscape. Ad hoc courts and tribunals also contribute significantly to the services trade landscape in Southeast Asia. These institutions address disputes on a case-by-case basis, allowing for flexibility and adaptability in resolving complex trade and investment issues. For example, the UNCITRAL arbitration case between Indonesia and Churchill Mining demonstrated the effectiveness of ad hoc tribunals in resolving disputes involving substantial investments and state actions. This case underscored the necessity for fair and impartial dispute resolution mechanisms in maintaining investor confidence. Both international investment arbitrations and ad hoc tribunals help mitigate the regulatory complexities that characterize Southeast Asia. They offer legal certainty and predictability, which are crucial for businesses operating in multiple jurisdictions with varying legal frameworks. These institutions also play a role in managing geopolitical tensions by providing a mechanism for peaceful resolution of disputes, thereby contributing to regional stability and cooperation. The evolving economic landscape in Southeast Asia, marked by rapid digitalization and technological advancements, requires robust legal frameworks to support and sustain growth. International investment arbitrations and ad hoc tribunals are integral to this process, as they help ensure that the legal and regulatory environments keep pace with economic developments. Their role in providing a fair and efficient means of resolving disputes is indispensable for fostering an environment where trade can flourish. In conclusion, international investment arbitrations and ad hoc courts and tribunals are vital to the growth and stability of services trade in Southeast Asia. They provide the legal infrastructure necessary to navigate the region's opportunities and challenges, ensuring that trade continues to be a driving force for economic development. As Southeast Asia continues to evolve economically, the importance of these institutions in maintaining a stable and predictable trade environment cannot be overstated.
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23:54
Ankit Malhotra’s Paper on Examining Amazônian Rights through Sebastião Salgado’s Visual Advocacy
The abstract delves into the intricate relationship between the reliance of Amazonian traditional peoples and communities on international legal mechanisms, and how the historical and structural violations of their territories manifest within the Amazon region. Despite Brazil's rich cultural and ecological tapestry, the legacy of colonization, marked by the absence of protective policies for original peoples and traditional communities, underscores a disturbing continuity of exploitation and neglect. The work of Sebastião Salgado, a renowned social documentarian, serves as a poignant lens through which these issues are examined, offering a visual sociology that transcends mere observation to become a catalyst for social mobilization. Salgado's photography, characterized by its profound humanism, does not merely document the hardships faced by marginalized communities but actively participates in the discourse on social justice and environmental conservation. His projects, including notable works on the Amazon, reveal the daily realities of those living on the fringes of society, challenging the viewer to confront the banality of suffering in the modern world. Salgado's ability to bridge the gap between distant realities and the global audience underscores the potential of documentary photography as a tool for advocacy and change. The essay, drawing inspiration from Salgado's approach, aims to address the systemic issues plaguing the Amazon and its inhabitants. By focusing on the impacts of historical injustices and the current challenges faced by traditional communities, the workshop seeks to explore avenues for redress that prioritize the voices and needs of those directly affected. This entails a critical examination of international legal frameworks and their efficacy in safeguarding the rights and territories of Amazonian peoples. The goal is to foster a discourse that not only highlights the plight of these communities but also mobilizes support for sustainable and equitable solutions. Central to this discussion is the recognition of the Amazon's significance as both a cultural and ecological treasure. The essay emphasizes the interconnectedness of human rights and environmental protection, advocating for a holistic approach to addressing the challenges faced by the Amazon. By integrating the concerns of traditional communities into broader environmental conservation efforts, the workshop advocates for policies that are not only inclusive but also cognizant of the complex dynamics at play in the region. In conclusion, the essay, inspired by Sebastião Salgado's impactful work, seeks to shine a light on the overlooked narratives of Amazonian traditional peoples and communities. Through a comprehensive examination of the role of international legal mechanisms and the importance of prioritizing indigenous voices, the workshop aims to contribute to the ongoing efforts to protect both the cultural heritage and the natural beauty of the Amazon. This abstract calls for a renewed commitment to justice, equality, and sustainability in the face of longstanding challenges, urging stakeholders to reconsider their approach to environmental conservation and human rights in the Amazon region.
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20:10
Ankit Malhotra's Paper on the Role of International Conventions as Sources of International Law
This ongoing judicial practice, framed within the JJ Act and the UNCRC, continues to fill the legislative gap, providing guidance to litigants and courts on handling international child custody disputes. This notable trend of finding alternate solutions for return of removed children till India signs the 1980 Hague Convention on Abduction, is an offshoot of protecting the best interest of the child secured by the UNCRC. Aided by principles of comity of courts, determination of best interest by jurisdiction of closest contact relief is found in law enacted under the UNCRC umbrella.
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27:55
Ankit Malhotra's Paper on International Child Law in English and Indian Courts
Presentation by Ankit Malhotra, Advocate, LLM, Felix Scholar (2022-2023), School of Oriental and African Studies, University of London. This Paper and Presentation were presented at the International Society of Family Law, Caribbean Regional Conference on Convention on the Rights of the Child (CRC) at 35 years- A Promise Kept or ‘A Dream Deferred’ on 13 November 2024.
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Jindal Society of International Law
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29:35
Complicity and Conflict of Laws in International Family Law by ILA Young Scholar Ankit Malhotra
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52:21
Where is China going in the 2020s
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01:07:01
Impact of COVID-19 on Global Health Law: How to Ensure Legal Protection against Future Pandemics
Gian Luca Burci is Adjunct Professor of international law at the Graduate Institute of International and Development Studies, Geneva since 2012. He is also the Director of the joint LLM on Global Health Law and Governance between the Graduate Institute and Georgetown Law School, as well as Academic Adviser in the Global Health Centre of the Graduate Institute. Before this appointment, he served in the Legal Office of the World Health Organization from 1998 to 2016 and was its Legal Counsel from 2005 to 2016. Professor Burci previously worked in the International Atomic Energy Agency (1998-1999) and the Office of the UN Legal Counsel (1989-1998). His courses include the law of international organizations, the role of an international legal counsel and global health law. While in WHO, he was involved in the negotiation and implementation of the Framework Convention on Tobacco Control, the revision and implementation of the International Health Regulations, WHO's response to the 2009-2010 H1N1 inuenza pandemic and the 2014-2016 Ebola outbreak. Prof. Burci holds a post graduate degree in law from the University of Genova, Italy. His areas of expertise are public international law, the law of international organizations as well as global health governance and law. Prof. Burci is the co-author of the leading English book on WHO, editor of the rst research collection on global health law, co-editor of the rst research handbook on global health law and author of numerous articles and book chapters.
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01:20:45
Human Rights Organisations and the Global South
Sanchez is interested in both, journalism and in humanitarian action. Her core topics of interest are armed conicts, human rights and political issues. She nished her Master's degree in International Humanitarian Action (NOHA+) at Uppsala University with a specialisation in Armed Conicts at the University of Warsaw, as well as a post-graduated degree in IHL and IHRL at Rosario University, Colombia. She is the winner of the Orlando Sierra Awards 2019 and of the Data Journalism Awards 2017. She is also the finalist of the SIP Awards 2018 and of the 'Círculo de Periodistas de Bogotá' Awards 2019. She is currently planning, budgeting and monitoring humanitarian aid and development projects, securing new donors and building alliances with partner organisations managing relations and liaising with donors, partners, Health Clusters, other INGOs and CSO and representing Polska Misja Medyczna/Polish Medical Mission in international NGO forums and clusters.
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01:06:50
Mechanisms for the Peaceful Settlement of International Disputes
Professor McRae joined the Faculty of Law in 1987 where he served as Dean of the Common Law Section until 1994. Currently, he teaches contracts, international law, international trade law, and law of the sea. He is also an adjunct professor at the Norman Paterson School of International Affairs at Carleton University. He was formerly Professor and Associate Dean at the University of British Columbia. Professor McRae was elected to the International Law Commission in 2006. He was awarded the Canadian Council on International Law's John E. Read Medal in 2003 and made a Fellow of the Royal Society of Canada in 2002.
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01:32:21
To the Uttermost Parts of the Earth: Book Launch and Discussion
To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300–1870 (Cambridge University Press, 2021). Sixteen years in the making, the book is a marvelously crafted telling of 600 years of European legal imagination centered on the formation and consolidation of “sovereignty” and “property”. As we read the book we asked ourselves many questions: how to characterize the work—is it a history, a genealogy, a mythology? and a history of what? of international law? of statehood? of capitalism? of European expansion? We asked about the many (European men) whose monologues populate the story, and about the absent voices of “others”, women, and imperial subjects. We asked about the relation between this book and Koskenniemi’s previous work that has influenced many of us. To conclude our discussion we invited Professor Koskenniemi to join us for an online public conversation. Led by the group’s members Judge Lulia Motoc, Hendrik Simon and Christian Pogies this will also be an occasion to celebrate the book and honor its author
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01:16:01
Book Launch and Discussion: Sentimental Life of International Law: Literature, Language, and Longing
The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being and speaking that might help us consummate that longing. This book treats international law as an experience, a language and an aspiration. It is the culmination of a decade of thinking about the practice of international lawyering (in classrooms, at conferences, in treaty negotiation) and the modes of thinking and being that naturalise that practice. In particular, it asks both how we might engage in a professional practice that has become, to adapt a title of Janet Malcolm’s, not just impossible but also difficult; and whether we might be disabled by the governing idioms of international lawyering and, then, importantly, re-enabled, by speaking different sorts of international law or by speaking international law in different sorts of ways. It tries to answer that question by making the effort to discern or, better still, to bring to the surface international law’s hidden literary prose or its redemptive enclaves, and it does so in a series of chapters on international law’s bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners, and then, finally in a chapter in which international law is re-envisioned through the practice of gardening. All of this done in the hope of offering a contribution to the project of making international law, again, a compelling language for our times.
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01:51:17
: Re-Visiting the Russia-Ukraine Crisis
: President Putin has said Russia, acting in self defence, was launching a special military operation in the Donbas and called on Ukrainian forces to lay down their weapons. Russian forces have, however, been conducting a full-scale assault on the country. After failing to take Kyiv, Russian forces are currently focusing on southern and eastern Ukraine. The port city of Mariupol is now effectively under Russian control after Ukrainian forces surrendered following several months of fighting. Russia’s actions came days after President Putin officially recognised the self-declared independence of the Donetsk People’s Republic (DPR) and Luhansk People’s Republic (LPR), the regions of eastern Ukraine that are under the control of Russian-backed separatist forces, and deployed forces to the region, under the guise of peacekeeping operations. Russia had previously denied that it was planning to invade Ukraine and said its build up of forces was in response to provocative actions by NATO. Russia’s invasion of Ukraine and its subsequent conduct, which has led to widespread allegations of war crimes, has been met with international condemnation. An “unprecedented” package of sanctions has been imposed on Russia by the US, EU, UK and other allies and partners around the world.
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01:26:46
Careers in International Law
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