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Papers by Devarshi Sen Deka

International legal personality plays a crucial role in the capacity to be the subject of interna... more International legal personality plays a crucial role in the capacity to be the subject of international law and also forms a status in acquiring certain rights and obligations. Individuals in international law have failed to acquire the status of ‘legal personality’ due to the state-centric approach to international law. Thus, excluding individuals from the capacity to be parties before the ICJ and its predecessor, PCIJ. Nonetheless, individuals have attained some capacity to recourse their claims before the PCIJ, but those claims were restricted in the state’s interest and subjectivity. The progress of international law and the progressiveness of the ICJ have placed individuals to attain rights and bear responsibility. The idea of ‘legal personality’ is placed within the framework of how individuals have attained recognition of their rights and obligations through the ICJ’s contentious cases and advisory opinions. This process is looked into to attribute the idea of ‘legal personality’ in international law to individuals. The idea of victim participation in the Inter-American Court of Human Rights have been also examined as a complementary approach to attain individuals ‘legal personality’ in international law, a project to frame as a subject in international law. This thesis also recommends the prospect of amending the UN Charter by keeping its original legal structure in place but also placing individuals claims as a party before the ICJ through Article 108 of the UN Charter.

Understanding International Conflict, 'conflict management', mediation, biased mediation, Great P... more Understanding International Conflict, 'conflict management', mediation, biased mediation, Great Power Mediation and Facilitative Mediator through the 1998 Wye River Memorandum. The essay supports proposition by authors, critiques like Siniver, Bercovitch, Deustch.

Clarifying Human Rights Law and Human Rights norms through the legality of implementing and also ... more Clarifying Human Rights Law and Human Rights norms through the legality of implementing and also distinguishing human rights norms and Human rights law in International Law. The essay studies and interprets at the backdrop of United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP) and also the declaration of 'Right to Development' its legality in nation state implementations focussing on the lives of the 'Adivasis' (the Originals) in India. The essay highlights the International and India's perception of the 'Originals' in India, through various Union and State Laws, its failure in enforcement, and the abandonment of the 'equality and justice' of the Adivasis by their Political Representatives.

Drafts by Devarshi Sen Deka

The constitution of a nation-state is one of the most important apparatus through which the funct... more The constitution of a nation-state is one of the most important apparatus through which the functioning of the political, social, economic and as well as the justice system of that particular nation-state is preserved in conformity with the principles of internationally recognized 'rule of law'. However, the absence of a transparent constitution is also the reason for the faltering of a nation-state into chaos and destruction. Corruption, dictatorial regimes and the absence of impartial judiciary are the main causes of many nation-states of third world countries to be the victims of either foreign/ neighbouring nation-states aggression (US's invasion of Iraq is one of the examples of such actions) that is illegal or economic blockades imposed by the 'imperialist states' on third world countries (the cases of Iran, Libya and Syria) are also in contravention to the principles of international law. This article analyses the Arab Spring and its aftermath on Yemen, which became a prey to various internal and as well as external actors that had simply exacerbated the country's stability. Keeping in view, the article also examines the role and the failure of the international humanitarian law as a regime, tracing its origin and its relevance in the case study of Yemen. The article concludes that despite the presence of international law, it is for the individual nation-state to preserve its constitutional structure in order to 'implement and uphold' the very ethos of international law that is the protection of civilians. The essence of the article is to reiterate that after the process of decolonization of the third world countries, the responsibility of the political institution is pivotal in administering affairs in accordance to the ' just rule of law'.

“The Road to Kabul” epitomes the romance involved in the freedom struggle of the Afghan Fighter... more “The Road to Kabul” epitomes the romance involved in the freedom struggle of the Afghan Fighters against the Soviet Union occupation. The soap opera was aired during the festive season of Ramadan in the year 2004, but after airing for eight episodes the opera was cut off due to “technical difficulties” . Nonetheless, “The Road to Kabul” is a perfect parable narrating the contemporaneous violent paradigm shift from “Foreign Fighter” to “Foreign Terrorist Fighters.” Through a budding romance, it introduces the audience to many complex characters, which highlights the contemporary fragile status of “Foreign Terrorist Fighters.” Over the decades of the failure of the UN Conflict resolution , the problem of “FTF” from national transcending to the Balkans and then Iraq and Syria, a transnational phenomenon now attracts the immediate attention of the International Community. The status of “FTF” is no longer transnational concern, rather it is the International crisis have to be dealt by the UN. The TV show centers on the influx of “Arab Afghan” volunteering from the various parts of the Arab world to fight for freedom against a forceful foreign occupation, and then the narration triggers the contemporary violent transformation from “Freedom” to “Terrorism”. The fight for “Kabul” always seen as a perfect tunnel through which the “Arab Afghan” metamorphosed Into “Al Qaeda” fighting against the Western invasion and injustice onto the Islamic world. The Contemporary legislation, treaties, agreements, committees has transpired the immediate attention of “FTF” under International Law. The paper through the origin of “Freedom Fighters” forth the reader to understand the emergence of “FTF,” It also tries to settle the status of “FTF,” through differentiating between romance and establishment of cohesive Islamic world order. Due to lack of efficacy to curb the emergence of “FTF,” unacceptable has become the UN’s “Urgent Global Security Matter” . As a student of International Law and Politics, I view the hegemony of the West and the Europeans to be defining the terms of International crisis to serve their purpose. The Contemporary International crisis in Syria draws the immediate action, but Russia permanent member of the UNSC always vetoed ‘quash broadly supported draft UN Security Council (UNSC) resolutions designed to censure the Assad regime.’ Such abuse of International power not only creates an imbalance in “equal status for nation-states” under Public International Law but also, in consequence alleviate the crisis. From a transnational identity of Islam, through decades of consolidation, and civil wars, fanatically transformed “Freedom” to “Terrorism”. To substantiate my proposition, observation made by Andreas and Nadelmann, that ‘International crime control is one of the most important – and one of the most overlooked – dimensions of US hegemony in world power.’ With power play mostly by the US and Russia in the present political unrest in Syria, has only resulted in causalities of innocent civilians. The UN’s primary concern is the protection of the civilians. But, the UN sadly but expectedly failed to protect civilians, history of failures in Rwanda, Sierra Leone, Sudan and now in Syria, civilians always have to suffer. The current world politics is biased and limited, and no sense of justice and equality; however, there still exist Western and Middle East imperialism and therefore, resulted in the foundation of “terror,” now triggering the gun at them, and so the conscience effort arise to deal with the crisis immediately.

In respect to understanding and critically scrutinizing International 'problems', the essay has f... more In respect to understanding and critically scrutinizing International 'problems', the essay has focused on one of the key theme of International Law, which is the ‘Law of non-international Armed Conflict’. The Armed Forces Special Powers (Assam and Manipur) Act, (1958) (hereinafter stated as AFSPA) came into force on the 11th September 1958. The Act was enforced in the Naga inhabited state of Assam and the Union Territory of Manipur. The primary concern of the essay is the regulation of the Armed Forces Special Powers Act, 1958 in relation to the fundamental rules of the Common Article 3 of the Geneva Conventions. The essay has criticized the misappropriation of the AFSPA (Assam and Manipur), 1958. The main question, which the essay has raised, whether, the AFSPA is bound by the principles of Customary International Law. The answer to that question is no. However, while functioning harmoniously with the principles of International Law, the AFSPA (Assam and Manipur) 1958 Act has always been brought under the purview of the Customary International Law. Thereby, the essay states that the AFSPA, 1958 escapes the purview of the Common Article 3 of the Geneva Conventions. The essay has also highlighted that in regards to the AFSPA, Article 21 of the Constitution has legitimized the ‘draconian law’ AFSPA through inner-clause ‘except according to the procedure established by law’ has set the authority for the Act to set limits upon the ‘Right to Life and Liberty’ in maintaining peace and order.

'One man's revolutionary is another man's terrorist.' Madras Cafe,2013. Th... more 'One man's revolutionary is another man's terrorist.'
Madras Cafe,2013.
The essay highlights the honour, progressiveness and also false representation of the 'Tamilian Identity' in the Contemporary World Politics and also the Indian Sub-Continent. The essay does not only uphold the struggle of the LTTE as ' a just revolution' in Sri Lanka, which proscribed as 'terrorism' by the Europe and also the US but also romanticizes the culture, an egalitarianism and humility of the 'Tamils' in the World Politics.

Conference Presentations by Devarshi Sen Deka

Gauhati Law Times, 2022

Judicial review is expanding its realm of supervision under Article 226 of the Constitution of In... more Judicial review is expanding its realm of supervision under Article 226 of the Constitution of India.

Gauhati Law Times, 2022