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Accountability in Extraterritoriality
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
The State Practice of India and the Development of International Law
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.
Indian Practice of International Law
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; ...
HUMAN RIGHTS LAW AND PRACTICE, SECOND EDITION
The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality, and human dignity and their reflections in international human rights law referring to the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development, and theories of human rights ...
Judicial Review of Administrative Action
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
India and International Law, Volume 2
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.
