Homicide at Sea: Which Vessel is the Pirate in the Italy-India Conflict?

Italian Oil Tanker

  Some two dozen rounds of a powerful automatic gun are suddenly fired from one vessel on the high seas onto another. The latter is an unarmed Indian fishing boat with nets cast. Two fishermen are killed on deck, some eleven are asleep below deck and are injured. The vessel has some 16 bullets on … Read more

Rape and Murder in India a Wake-Up Call for Reform

It’s ironic that in India – which proudly proclaims a rich, ancient heritage and where the very symbol for strength and power in ancient scriptures is female (Shakti) – women today are struggling for a safe and dignified environment. I was visiting India when a 23-year-old physiotherapy student, a victim of a brutal sexual assault … Read more

Critical Analysis: Gang Rape Brings India’s Sexual Assault and Rape Laws Under Scrutiny

  On Sunday, December 16, 2012, in New Delhi, six men gang raped and brutally beat a 23-year old female university student resulting in her death. These events re-ignited an ongoing debate concerning India’s sexual assault and rape laws. The Indian government indicated that in 2011 they received more than 220,000 reports of violent crimes … Read more

Critical Analysis: U.S. Naval Ship Fires on Indian Pleasure Boat

A U.S. Navy supply ship fired at a small boat in the Persian Gulf on Monday, injuring three people and killing one. United Arab Emirates officials reported that the casualties were Indians on a small, white pleasure craft. Before the incident, which some are calling a reflection of rising tensions in the region, the small … Read more

Solving Kashmir: On an Application of Reason

This article has its origins in a paper “Towards an Economic Solution for Kashmir” which circulated in Washington DC in 1992-1995, including at the Indian and Pakistani embassies and the Carnegie Endowment, and was given as an invited lecture at the Heritage Foundation on June 23 1998. It was first published in The Statesman, in … Read more

The Enrica Lexie and Unintentional Terrorism

Cross-posted at piracy-law.com An interesting exchange took place at the High Court of Kerala on Friday between presiding Justice PS Gopinathan and VJ Matthew, counsel for the owner of the Enrica Lexie. Regardless of the level of significance one attributes to Justice Gopinathan’s remarks, the dialogue sheds light on the tension and deep mistrust surrounding … Read more

Revisiting jurisdiction over the Enrica Lexie incident

In my last post about the Enrica Lexie incident, I stated that under the United Nations Convention on the Law of the Sea (UNCLOS), Italy had excusive jurisdiction over the Italian military personnel who allegedly killed two Indian fishermen mistaking them for pirates. Roger Philips at Communis Hostis Omnium rightly pointed out that the Convention … Read more

Armed Maritime Security and the Enrica Lexie

A dramatic story of death at sea has recently ignited both the Indian and Italian press. The story has yet to reach the United States, but it has all the makings of a headline-maker. Two Italian military personnel, operating as armed guards aboard the merchant vessel Enrica Lexie, are being investigated for the murder of … Read more

International Surrogacy: A Global Opportunity or Unregulated Exploitation?

Mother and son in India

By: Jesse Fishman Since 2002, when India legalized commercial surrogacy, India has become the one-stop-shop for international surrogacy.  Despite the increasing popularity, this international baby phenomenon has many critics.  They range from believing that the process is inherently exploitative, to the less critical: those that simply believe more legal regulations would help the process.  Proponents, … Read more