Himanil Raina | The Graduate Institute of Geneva (original) (raw)
Papers by Himanil Raina
American Journal of International Law
The entrenched understanding of the law governing nationality does not permit a state to look bey... more The entrenched understanding of the law governing nationality does not permit a state to look beyond a ship's flag and registration to ascertain its nationality during peacetime. Nonetheless, this very understanding also allows a state to pierce the veil of a ship's registration to ascertain its enemy character during wartime. However, the war in Ukraine has witnessed fresh state practice whereby states have claimed equivalent rights during peacetime as well, thus encouraging the concordant interpretation of the status of nationality across both the peace and wartime legal orders.
Opinio Juris, 2022
Ships and oceans are not what leaps to one's mind when thinking of the Russia-Ukraine war. Noneth... more Ships and oceans are not what leaps to one's mind when thinking of the Russia-Ukraine war. Nonetheless, this conflict has begun unearthing crucial state practice, which has long been absent owing to the outbreak of a 'classical' war.
The willingness to pierce the veil of ship registration in search of a genuine link has pivotal implications for both the civil maritime industry and for states and the maritime security community as well. These developments will undoubtedly be of keen interest in any future maritime conflagration, particularly in the Indo-Pacific.
India and China, two of the world's oldest civilisations, have had little historically releva... more India and China, two of the world's oldest civilisations, have had little historically relevant interactions with one other. Separated by the world's highest mountain range, the Himalayas, neither of these two nations has ever displayed expansionist tendencies vis-A -vis each other. Both nations have a history of colonialism at the hands of Western powers and are excessively protective of their sovereignty and territorial integrity. They share a common desire to strengthen their nations by enhancing their economic affluence, pursuant to which both are invested, albeit to varying degrees, in the current global economic order and reliant on lengthy sea lines of communication to ferry their goods and resources. In contemporary times the principal security threats to both India and China emanate in entirely different theatres located in the exact opposite direction of each other. Why then is it that despite significant commonalities, relations between the two nations have been p...
Maritime Affairs: Journal of the National Maritime Foundation of India
This book explores Eurasia’s growing embrace of its maritime geography from the Indian Ocean to P... more This book explores Eurasia’s growing embrace of its maritime geography from the Indian Ocean to Pacific Asia and the Arctic. In an age of climate change, the melting of the Arctic will transform Eurasia’s importance, in addition to influencing the political, economic, and military dynamics across Eurasia’s main maritime regions. These emerging shifts have already begun to alter maritime trade and investment patterns, and thus the global political economy. It also creates a rising threat to the current status quo of world order that has long been dominated by the Atlantic World. This edited volume showcases some of the world’s leading experts and examines Eurasia from a saltwater perspective, analyzing its main maritime spaces in a threefold manner—as avenue, as arena, as source—to show the significance of this geostrategic change and why it matters for the future of the world’s oceans.
Strategy and International Law, 2020
The works of these three authors comprise the lodestone of strategic studies. Yet, international ... more The works of these three authors comprise the lodestone of strategic studies. Yet, international law is conspicuously absent in all three of their works. This feature creates a potential blindspot for any strategist who narrowly relies upon the classical trilogy of strategic thought for understanding strategic decision-making processes and interactions in contemporary conditions. This article explores the significance of ignoring international law as an element of strategy and proposes a power-centric framework for thinking about both strategy and international law.
National Maritime Foundation, 2018
National Maritime Foundation, 2018
Missing in action: India’s aircraft carriers, 2018
Long considered the crowning jewel of the fleet, India has continuously operated an aircraft carr... more Long considered the crowning jewel of the fleet, India has continuously operated an aircraft carrier for well over half-a-century. Since 1961, when its first carrier entered service, India has gone to war with Portugal (1961), China (1962), and Pakistan (1965, 1971, and 1999.
The article examines the right of self-defence against non-state actors under the use of force re... more The article examines the right of self-defence against non-state actors under the use of force regime in international law and also examines the issue of force gaps in the U.N Charter. A survey of the historical evolution of the law relating to the use of force is conducted before examining the shortfalls of the U.N Charter and the accompanying I.C.J jurisprudence. A wider understanding of the Article 51 right to self-defence is developed with reference to the Charter's negotiation history, the I.C.J's jurisprudence and state practice. The relevant literature is surveyed to provide the broad outlines of the different approaches to accommodate an expanded understanding of Article 51. By tracing the development of the value hierarchy underlying Article 2(4) the larger policy questions inherent in the modification of the existing use of force regime are addressed while addressing challenges to the continued vitality of the use of force regime. Finally a look is cast across the horizon to identify and flag emerging trends in the use of force by various actors so as to establish the case for the need to give Article 51 an expansive understanding.
Shashi Tharoor, an Indian M.P, made the case for Britain to pay India reparations at a recent Oxf... more Shashi Tharoor, an Indian M.P, made the case for Britain to pay India reparations at a recent Oxford Union debate. With the video going viral, high praise followed from none other than the Indian Prime Minister Narendra Modi. Tharoor's arguments have had the effect of reigniting old debates about the nature and justness of Britain's colonial endeavours in India, kindling old wounds that generated consensus across party lines. However, Akhilesh Pillalamarri
Defence News, Feb 2, 2015
Era in Undersea Warfare' authored by Bryan Clark on January 22, 2015 has sparked a wave of intere... more Era in Undersea Warfare' authored by Bryan Clark on January 22, 2015 has sparked a wave of interest in the realm of underseas warfare.
Defence News, Jan 19, 2015
slug it out in a long anticipated debate on the future of the aircraft carrier hosted by the Unit... more slug it out in a long anticipated debate on the future of the aircraft carrier hosted by the United States Naval Institute.
International Affairs Review, The Elliot School of International Affairs at George Washington University, Dec 10, 2014
Pro Active Military Operations & the Nuclear Dimension in Indo-Pak Relations
American Journal of International Law
The entrenched understanding of the law governing nationality does not permit a state to look bey... more The entrenched understanding of the law governing nationality does not permit a state to look beyond a ship's flag and registration to ascertain its nationality during peacetime. Nonetheless, this very understanding also allows a state to pierce the veil of a ship's registration to ascertain its enemy character during wartime. However, the war in Ukraine has witnessed fresh state practice whereby states have claimed equivalent rights during peacetime as well, thus encouraging the concordant interpretation of the status of nationality across both the peace and wartime legal orders.
Opinio Juris, 2022
Ships and oceans are not what leaps to one's mind when thinking of the Russia-Ukraine war. Noneth... more Ships and oceans are not what leaps to one's mind when thinking of the Russia-Ukraine war. Nonetheless, this conflict has begun unearthing crucial state practice, which has long been absent owing to the outbreak of a 'classical' war.
The willingness to pierce the veil of ship registration in search of a genuine link has pivotal implications for both the civil maritime industry and for states and the maritime security community as well. These developments will undoubtedly be of keen interest in any future maritime conflagration, particularly in the Indo-Pacific.
India and China, two of the world's oldest civilisations, have had little historically releva... more India and China, two of the world's oldest civilisations, have had little historically relevant interactions with one other. Separated by the world's highest mountain range, the Himalayas, neither of these two nations has ever displayed expansionist tendencies vis-A -vis each other. Both nations have a history of colonialism at the hands of Western powers and are excessively protective of their sovereignty and territorial integrity. They share a common desire to strengthen their nations by enhancing their economic affluence, pursuant to which both are invested, albeit to varying degrees, in the current global economic order and reliant on lengthy sea lines of communication to ferry their goods and resources. In contemporary times the principal security threats to both India and China emanate in entirely different theatres located in the exact opposite direction of each other. Why then is it that despite significant commonalities, relations between the two nations have been p...
Maritime Affairs: Journal of the National Maritime Foundation of India
This book explores Eurasia’s growing embrace of its maritime geography from the Indian Ocean to P... more This book explores Eurasia’s growing embrace of its maritime geography from the Indian Ocean to Pacific Asia and the Arctic. In an age of climate change, the melting of the Arctic will transform Eurasia’s importance, in addition to influencing the political, economic, and military dynamics across Eurasia’s main maritime regions. These emerging shifts have already begun to alter maritime trade and investment patterns, and thus the global political economy. It also creates a rising threat to the current status quo of world order that has long been dominated by the Atlantic World. This edited volume showcases some of the world’s leading experts and examines Eurasia from a saltwater perspective, analyzing its main maritime spaces in a threefold manner—as avenue, as arena, as source—to show the significance of this geostrategic change and why it matters for the future of the world’s oceans.
Strategy and International Law, 2020
The works of these three authors comprise the lodestone of strategic studies. Yet, international ... more The works of these three authors comprise the lodestone of strategic studies. Yet, international law is conspicuously absent in all three of their works. This feature creates a potential blindspot for any strategist who narrowly relies upon the classical trilogy of strategic thought for understanding strategic decision-making processes and interactions in contemporary conditions. This article explores the significance of ignoring international law as an element of strategy and proposes a power-centric framework for thinking about both strategy and international law.
National Maritime Foundation, 2018
National Maritime Foundation, 2018
Missing in action: India’s aircraft carriers, 2018
Long considered the crowning jewel of the fleet, India has continuously operated an aircraft carr... more Long considered the crowning jewel of the fleet, India has continuously operated an aircraft carrier for well over half-a-century. Since 1961, when its first carrier entered service, India has gone to war with Portugal (1961), China (1962), and Pakistan (1965, 1971, and 1999.
The article examines the right of self-defence against non-state actors under the use of force re... more The article examines the right of self-defence against non-state actors under the use of force regime in international law and also examines the issue of force gaps in the U.N Charter. A survey of the historical evolution of the law relating to the use of force is conducted before examining the shortfalls of the U.N Charter and the accompanying I.C.J jurisprudence. A wider understanding of the Article 51 right to self-defence is developed with reference to the Charter's negotiation history, the I.C.J's jurisprudence and state practice. The relevant literature is surveyed to provide the broad outlines of the different approaches to accommodate an expanded understanding of Article 51. By tracing the development of the value hierarchy underlying Article 2(4) the larger policy questions inherent in the modification of the existing use of force regime are addressed while addressing challenges to the continued vitality of the use of force regime. Finally a look is cast across the horizon to identify and flag emerging trends in the use of force by various actors so as to establish the case for the need to give Article 51 an expansive understanding.
Shashi Tharoor, an Indian M.P, made the case for Britain to pay India reparations at a recent Oxf... more Shashi Tharoor, an Indian M.P, made the case for Britain to pay India reparations at a recent Oxford Union debate. With the video going viral, high praise followed from none other than the Indian Prime Minister Narendra Modi. Tharoor's arguments have had the effect of reigniting old debates about the nature and justness of Britain's colonial endeavours in India, kindling old wounds that generated consensus across party lines. However, Akhilesh Pillalamarri
Defence News, Feb 2, 2015
Era in Undersea Warfare' authored by Bryan Clark on January 22, 2015 has sparked a wave of intere... more Era in Undersea Warfare' authored by Bryan Clark on January 22, 2015 has sparked a wave of interest in the realm of underseas warfare.
Defence News, Jan 19, 2015
slug it out in a long anticipated debate on the future of the aircraft carrier hosted by the Unit... more slug it out in a long anticipated debate on the future of the aircraft carrier hosted by the United States Naval Institute.
International Affairs Review, The Elliot School of International Affairs at George Washington University, Dec 10, 2014
Pro Active Military Operations & the Nuclear Dimension in Indo-Pak Relations
National Maritime Foundation, 2018
This presentation was delivered at Indonesia-India Conference on “How UNCLOS Addresses Emerging I... more This presentation was delivered at Indonesia-India Conference on “How UNCLOS Addresses Emerging Issues in Indo-Pacific”, organised by the Indonesian Embassy, New Delhi, and the India Foundation at Hotel The Leela Palace, New Delhi on 11 December 2018.