The Publication Archive of Nabil Iqbal

Welcome to my archive of published content, where I offer a curated collection of articles that reflect my thoughts and experiences. Delve into captivating narratives, thought-provoking analyses, and innovative perspectives. Discover a range of topics with a special emphasis on legal matters, particularly within the realm of human rights. Let’s ignite meaningful conversations together!

About Me

As a human rights lawyer, I hold a Juris Doctor degree from Jamia Millia Islamia, New Delhi, India. Currently, I am pursuing a Master of Human Rights at the University of Manitoba, Canada. My academic pursuits have led me to focus on an imperative topic within the realm of human rights: climate refugees. My thesis delves into the legal intricacies surrounding this pressing issue, aiming to contribute meaningfully to the discourse on safeguarding the rights of those displaced by climate change.

In addition to my academic endeavours, I am working with the legal services division in the Department of Justice, Province of Nova Scotia, Canada.

Published Articles

Human Rights

Is Canada’s Decision to Suspend UNRWA Funding a Failure in Its Duty to Prevent Genocide?

The article questions whether Canada’s decision to suspend funding to UNRWA, amid allegations of employee involvement in an attack by Hamas, breaches its duty to prevent genocide. It highlights the significance of UNRWA’s role in Gaza, analyzes the response to the allegations, and compares Canada’s current stance with past approaches to similar situations involving UN officials. Ultimately, it suggests that Canada’s decision may not have been made with due diligence, potentially undermining its obligation to prevent genocide. (Published in University of Pittsburgh – Jurist)

India-Canada Diplomatic Strains in Light of International Human Rights Law


The article examines the diplomatic tensions between India and Canada following Canadian Prime Minister Justin Trudeau’s allegations regarding Indian government involvement in the killing of a Sikh separatist leader in Canada. It delves into the potential violation of international human rights law, particularly the right to life under the International Covenant on Civil and Political Rights (ICCPR), and explores the concept of extraterritorial jurisdiction in such cases. Furthermore, it analyzes various interpretations of extraterritorial obligations and assesses whether Canada’s allegations against India meet the criteria for such jurisdiction under international human rights law.(Published in University of Pittsburgh – Jurist)

The identity crisis for transgender people in Hungary: A transgression of human rights

This article critically examines Hungary’s legislation restricting the rights of transgender and intersex individuals, highlighting the ensuing challenges to their legal recognition and identity. It underscores the violation of human rights and dignity, calling for urgent action to address discrimination and promote inclusivity in Hungarian society. (Published in London School of Economics Blogs).

Pre-trial Detention of Pregnant Women and Negligence of International Norms: The Case Study of Safoora Zargar’s Arrest

This article examines the Citizenship (Amendment) Act protests in India, focusing on the violent response at Jamia Millia Islamia University and the subsequent arrest of pregnant student Safoora Zargar under the UAPA. It highlights the international human rights violations in her pre-trial detention, emphasizing India’s disregard for legal standards and obligations. (Published in Promise Institute of Human Rights Blog, University of California).

The rights of dead persons and the right to water in India on the occasion of COVID-19

This article delves into the reports of unaccounted human bodies floating in rivers amidst the COVID-19 crisis in India, highlighting violations of the rights of the deceased and the right to clean water. It explores domestic and international legal frameworks protecting these rights, emphasizing the need for governmental action to uphold human dignity and environmental standards. (Published in Netherlands Human Rights Research).

India’s Grim Reality of Custodial Violence and Torture

This article addresses instances of police brutality in India, comparing the international response to cases like George Floyd’s in the US with similar incidents, such as the deaths of Jayaraj and Bennix in Tamil Nadu. It highlights the violation of human rights, explores legal frameworks and judicial responses, and proposes comprehensive police reforms as essential measures to combat systemic abuses of power and ensure accountability. (Published in Gujarat National Law University Blog).

Environmental Rights

Upsurge of Environmental Hazards and the Need for Global Recognition of the Right to a Healthy Environment

The article discusses the intertwined relationship between the environment and the economy, noting the reduction in greenhouse gas emissions during the pandemic as a silver lining. However, it also highlights environmental disasters like the gas leak in Vishakhapatnam, emphasizing the necessity of the right to a healthy environment and urging for stronger implementation mechanisms globally. (Published in University of Pittsburgh – Jurist).

Ordering Private Enterprises to Comply with the Paris Agreement: The Netherlands Court’s Landmark Decision

This article discusses the Netherlands’ court order requiring Royal Dutch Shell to cut its carbon emissions by 45% by 2030, citing a duty of care and human rights violations. It sets a precedent for private companies to align with climate goals and could inspire similar legal actions worldwide, potentially boosting climate justice efforts in courts globally. (Published in University of Pittsburgh – Jurist).

Climate Change as a Key Contributor to Migrant Crisis: A Case Study of Developmental & Environmental Challenges to Kiribati People

This article discusses how climate change exacerbates environmental challenges in Kiribati, leading to displacement and migration of its people. It highlights the urgent need for global action to address the root causes and mitigate the impacts of climate change on vulnerable populations. (Published in International Journal of Sustainable Development – Ontario International Development Agency).

Resilience in Flux: Understanding the Interplay of Disability and Climate Change Dynamics

This article explores the complex relationship between disability and climate change, emphasizing the need to understand how environmental shifts disproportionately affect individuals with disabilities and to develop strategies to enhance their resilience in the face of climate-related challenges. (Published in International Journal of Legal, Research & Analysis).

Netherlands Court on Paris Agreement

The district court of Netherlands has ordered Royal Dutch Shell to cut its carbon emissions by 45% by 2030, marking a landmark decision in environmental litigation. This ruling stemmed from a case filed by Dutch NGOs and individuals alleging Shell’s failure to meet the Paris Agreement targets, highlighting both the duty of care towards citizens and the violation of human rights. (Published in Climatechangeblawg).

The Effect of 5G Networks on the Right to a Healthy Environment

The article explores the environmental implications of 5G networks, including concerns about energy consumption, e-waste generation, and threats to ecosystems and human health. Despite efforts to address these issues, uncertainty remains, underscoring the importance of research and adherence to environmental policies. (Published in Earth Refuge).

Private Corporation and Paris Agreement

This article analyses a judgment of a Netherlands court (that ordered a private company to comply with the objectives of the Paris Agreement) with special emphasis on the grounds on which the judgment has been delivered and its significance in the contemporary world. (Published in Open Legal Blog).

Glo(c)alization of Climate Change Impact & Environment Sustainability in International Human Right Perspective

This article delves into the intersection of climate change, environmental sustainability, and international human rights, highlighting the global impact of climatic shifts on various aspects of human well-being. It emphasizes the disproportionate burden faced by vulnerable populations and underscores the importance of a human rights-based approach to address the crisis. Additionally, it discusses the role of legal frameworks, judicial doctrines, and international agreements like the Paris Agreement and the Sustainable Development Goals in guiding climate action and safeguarding human rights in the face of environmental challenges. (Published as a chapter in the book Expectations of Mankind and Sustainable Development Goals).

Refugee Rights

India’s Problematic Stance on Non-Refoulement: The Deportation of Rohingyas

The article discusses the Supreme Court of India’s refusal to grant interim relief in a case involving Rohingya refugees, allowing their deportation to Myanmar despite the risk of genocide. It highlights the contradiction between India’s stance and international laws on non-refoulement, raising concerns about human rights violations and the court’s departure from previous judgments. (Published in Refugee Law Initiative – University of London).

International Humanitarian Law

Status of Prisoners of War in International Humanitarian Law

This article explores the legal status of prisoners of war (POWs) within the framework of international humanitarian law (IHL). It examines the rights and protections afforded to POWs under various international treaties and conventions, including the Geneva Conventions. Additionally, it discusses the obligations of states and non-state actors towards captured combatants, emphasizing the importance of upholding humanitarian principles even in times of armed conflict. (Published in Aligarh Muslim University Law Journal).

Alternate Dispute Resolutions

Tracking the History of Alternative Dispute Resolution in India

This article tracks the historical development of Alternative Dispute Resolution (ADR) in India, examining its evolution from ancient times to modern legal systems. It explores how ADR methods like mediation, arbitration, and conciliation have been utilized in Indian society, and how they are now incorporated into the formal legal framework to provide efficient and accessible means of resolving disputes outside of traditional court proceedings. (Published in International Journal of Law, Management & Humanities).

Role of Judiciary in ADR

This article explores the crucial role played by the judiciary in advancing Alternative Dispute Resolution (ADR) mechanisms within the Indian legal system. It examines how judges promote, manage, and ensure the fairness of ADR processes, highlighting their pivotal contribution to fostering efficient and accessible dispute resolution pathways. (Published in SCRIBD).

Book

A Handbook on The Canadian Legal System

This book uncovers the complexities of the legal system of Canada briefly. These issues encompass the Mergers & Acquisitions Law, the Bankruptcy and Insolvency Act of Canada International Commercial Arbitration in Canada, etc. The book is divided into eight chapters that deal with the aforementioned issues in an orderly manner. The book does not cover a detailed analysis as such. However, each chapter deals with a particular aspect of the Canadian legal system and explain the key provisions that are crucial for understanding the particular legislation. The authors, through legislative and judicial approaches, tend to bring out the details necessary for understanding the Canadian legal system. The authors have compiled the book to make the understanding of law easy for those who are not well versed with the facets of law. The book has been prepared with a view that many international students do not have a basic understanding of the Canadian legal system, so the book would provide them with a basic awareness of the law. Lastly, each chapter has a conclusion that brings out the analysis of the authors and their viewpoints in a legal manner. (Published by Lambert Academic Publishing, Germany).


Contact information:

Halifax, Nova Scotia
Canada
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