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Author : F. E. Noronha
Publisher : Universal Law Publishing
Page : 360 pages
File Size : 21,73 MB
Release : 2010
Category : Conflict of laws
ISBN : 9788175347793
Author : Stellina Jolly
Publisher : Bloomsbury Publishing
Page : 389 pages
File Size : 12,34 MB
Release : 2021-10-07
Category : Law
ISBN : 1509938206
This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.
Author : V.C. Govindaraj
Publisher : Oxford University Press
Page : 566 pages
File Size : 21,41 MB
Release : 2019-07-15
Category : Law
ISBN : 019909781X
Conflict of laws, or private international law, is an increasingly important subject of study due to growing movement and relocation of a large number of people from one jurisdiction to another for personal and professional reasons. Despite the existence of rules and principles, there is a general uncertainty on issues such as commercial transactions, personal law subjects, and laws relating to property. The Conflict of Laws in India not only lucidly examines the inter-territorial conflicts, but also lays a special emphasis on inter-personal disputes in the Indian context. This book is a detailed and up-to-date study of conflict of laws, and focuses on its three main areas: the law of obligations, law of property, and law of persons. The volume also evaluates the role of various international instruments and conventions, including The Hague Conventions on Private International Law in resolving international conflicts. The author provides fresh perspectives on the subject, and analyses its significance in the dynamic contemporary world. This second edition elaborates on recent developments in two areas of the subject, namely Muslim law and the law relating to guardianship.
Author : Siddhartha Misra
Publisher : Taylor & Francis
Page : 534 pages
File Size : 18,68 MB
Release : 2024-03-19
Category : Law
ISBN : 1040003737
This book engages with different aspects of India’s practice of international law. It covers a diverse range of areas such as human rights, humanitarian law, migration, diplomacy, extradition, environment, trade, investment, taxation, cyberspace, data protection, maritime, and intellectual property to showcase India’s strong commitment to respect and observe international law. The volume discusses various themes which include: Legal and constitutional framework; Air, space, and atomic energy; Environment; Sea and maritime law; Trade, investment, and taxation; Conflict of laws; IT and data protection; Human rights and humanitarian law; Issues of refugees and internally displaced persons; Extradition and diplomatic immunities; Intellectual property; International obligations. The essays in this book also establish the linkage between observance of international law and bilateral and multilateral relations between different countries. Comprehensive and analytical, this book will be useful for scholars and researchers of law, international law, human rights, and foreign policy. It will also be an invaluable companion for professionals in law firms and think tanks, bureaucrats, and diplomats.
Author : R. S. Chavan
Publisher :
Page : 254 pages
File Size : 24,12 MB
Release : 1982
Category : Conflict of laws
ISBN :
Includes case laws.
Author : Paras Diwan
Publisher :
Page : 778 pages
File Size : 30,68 MB
Release : 1993
Category : Conflict of laws
ISBN :
Author : Bimal N. Patel
Publisher : BRILL
Page : 596 pages
File Size : 35,14 MB
Release : 2008-02-01
Category : Law
ISBN : 9047430808
India and International Law, volume 2 examines India’s policy and practical approach to modern and emerging subjects such as energy, investment, sports, banking, biotechnology, taxation, water courses, feminism, air law and role of India in UN reforms. The most discussed interlinked issues of civilian nuclear energy and nuclear weapons are analysed in two separate chapters. This volume also examines legal challenges and offers possible solutions in the area of private international law, which hopefully would serve the purposes of relevant policy-makers, judiciary, common men and women and 2.5 million Non-Resident Indians (NRIs).India and International Law, volume 2 will enable the readers to realize the sheer magnitude of legal challenges faced by India, hence, one way forward is to consider some of the suggestions offered by the authors. It is hoped that these two volumes will provide a useful framework for similar studies and will remain a must source of consultation for those who are interested in India’s state practice on international law.
Author : Xandra Kramer
Publisher : Edward Elgar Publishing
Page : 409 pages
File Size : 28,71 MB
Release : 2024-05-02
Category : Law
ISBN : 1800375530
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Author : Sai Ramani Garimella
Publisher : Springer
Page : 457 pages
File Size : 40,58 MB
Release : 2017-01-19
Category : Law
ISBN : 9811034583
This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
Author : Bimal N. Patel
Publisher : BRILL
Page : 253 pages
File Size : 40,87 MB
Release : 2020-07-20
Category : Law
ISBN : 9004427562
National Security of India and International Law is a pioneering inter-disciplinary scholarly exercise in the context of India. It offers first-of-its kind perspective on interplay between the needs, concerns and interests of the national security actors, means and institutions and inherent limitations and prospects of international law to achieve the national security objectives of India. The work analyses traditional and contemporary issues and challenges – water, natural resources, refugee management, use of force, nuclear doctrine, space developments, defense procurement and manufacturing and private players, among others. It aims to generate inter-disciplinary debate, teaching and research in this emerging field of national security.