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Evaluation of Jurisdiction of International Court of Justice on the Basis of Consent

Introduction   The ICJ (International Court of Justice) is the principal judicial organ of the United Nations. ICJ was established to help materialize the fundamental objectives of the UN, i.e., maintenance of peace and a stable world order. It is the only international court that has a universal character of general jurisdiction on all kinds of legal disputes between members of the United Nations.  ICJ is the continuation of PCIJ. PCIJ  held in the advisory opinion on the Status of Eastern Carelia (1923)  that no State can, without its consent, be compelled to submit its disputes to  any other kind of pacific settlement.  This is called “principle of consent”. Consent is the fundamental difference between the international and domestic legal order. The Court has a dual jurisdiction i.e. jurisdiction in contentious cases and advisory jurisdiction. This paper specifically discusses on contentious cases. Jurisdiction of ICJ on the basis...

Election Results in Uttar Pradesh, India and what Nepal could Learn:

Leaders like Donald Trump in U.S., Narendra Modi in India and Khadga Prashad Oli in Nepal are hugely popular among their respective constituencies— white supremacists for Trump , Hindu nationalists for Modi , Khas Aryas for Khadga Prashad Oli  and all three are highly resented by those who disagree with them.   All three of them are powerful orators. They have rhetorics in their speeches and cleverly point out the discontents of the ruling Government or the past Government. They are somehow polarizing figures. They are experts in bringing humour in their speeches while trying to deliver what they want to deliver. No doubt that they have contribution in bringing the right wing in rise in 21 st century. No doubt right wing is at rise in the world. Whether be the victory of Modi or result of Brexit. South Asia has a positive message to learn from the victory of Bharatiya Janata Party (BJP) which governs India today and which provides prime minister to the nation. The victor...

Mo:Mo- The most famous food in Capital of Nepal

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When we go visit to any of the restaurants in the town with our friends, one of the order has to be mo:mo.  Mo:mo is the most popular food in Kathmandu.  It is gaining popularity in other countries too where Nepalese people live. But the question arises what is mo;mo? It is called jiaozi in China and gyoza in Japan. Newar community, residing in valley, who still have trading practice with Tibet may have brought the technique of making momo from Tibet. Mo:mo is simply a type of dumpling filled either with meat or vegetables. It is cheap compared with other food and a plate of mo:mo is sufficient to make us full. The best part of it is that they are delicious.  Nowadays, there are various varieties of mo:mo. Different materials could be used to prepare momo for instance mutton, chicken, cabbage,  paneer and so on. Some restaurants have started using cheese and mushroom fillings too. W hen the tomato pickle with momo spices are added, then your taste buds w...

Challenges for implementation of citizenship provision in Nepal

Citizenship is a document which provides individuals with legal recognition of a particular state. This document which provides legal status to individual has huge importance in Nepalese context. The paper has made study in the area identifying the challenges in transferring citizenship from mother to child with reference to interim constitution. Introduction In general sense, person signifies three major components i.e. right to identity, right to contract and right to property. But when it is considered in terms of citizenship right, it also incorporates corresponding duty associated with above mentioned three major rights. In fact, the sense of one’s own independent personality is worthy to legitimate citizenship right. In Nepal, citizenship is a pre requisite of a person to enter to the social and economic life as it is the single most important legal document a Nepali can possess. It not only establishes the holder’s official identity as a Nepali national; it also prov...

Progressive Changes in Traffic Rules need further Considerations

The parliamentarians in Nepal seldom come up with private bills. They are so busy in forming and deforming the Government that they probably don’t get time. Probably they haven’t understood their roles as law makers. This proposition is not simply made because they don’t propose private bills but also because they don’t seriously participate is discussions of public bills and scrutiny of bye-laws. Today lets talk about some traffic related rules. Following provisions are to be implemented soon   : Heavy vehicles will not be allowed to enter the ring road of Kathmandu Valley from 9 to 11 a.m. and from 4 to 6 p.m. However those vehicles carrying petroleum products and water are not restricted even during the scheduled time. Micro buses which used to carry as many people as possible will not be entertained to carry passengers greater in number than the seats available. Also unusual extension of seats couldn’t be done. The buses which take people for long distance shal...

GROWING MILITARY BASES AND THREATS OF WAR: CONTINUATION OF REALIST POSITION IN THIRD MILLENIUM

ABSTRACT This essay deals about the applicability of realism in post cold war i.e. the third millennium time. The number of military bases in the world is constantly increasing. Here the authors have made an attempt to find out whether the military bases are a threat to war or they have been a means of balance of power in current circumstances. The essay starts with the concept of realism and liberalism. Analysis has been made on the basis of comparisons of great military powers in the world including China, Russia, Japan, Korea and most importantly United States of America. The essay has dealt about the balance of power through fear, self-help and power maximization. Introduction ‘ Conflict is a process in which one party perceives that its interests are being opposed or negatively affected by another party .’ If a manager of an organization takes conflict as an opportunity or a journey then it would lead towards constructive path, show positive results and depict the open ...