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This book addresses the forms of legal protection extended to
people displaced due to the consequences of climate change, and who
have either become refugees by crossing international borders or
are climatically displaced persons (CDPs) in their own homelands.
It explores the legal response of the South Asian Jurisdictions to
these refugee-like situations, and also to what extent these people
are protected under current international law. The book critically
examines and assesses whether States have obligations to protect
people displaced by climate change under international refugee law
(IRL) and international climate change law (ICCL). It discusses the
issue of climate migration in South Asia, analyzes the legal and
judicial response initiated by South Asian nations, and also
investigates the role of SAARC in relation to climate change and
climate refugees. Drawing on the International Legal Standards and
States' Practices in South Asia regarding climate refugees, the
book shows how IRL, ICCL, and IHRL (international human rights law)
have been used to address and identify the gaps in the global legal
protection framework concerning the contours of the normative
debate on climate refugees, climate change displacement, migration,
forced migration, susceptibility to climate change, typology of
climate change-induced displacement, role of the SAARC and its
municipal legal systems, approaches to climate change, human
mobility and developing a hybrid regional law, or advocating a
legal alternative of equal measure in a region characterized by
diversity and multiculturalism. The book offers valuable takeaways
for students, researchers, consultants, practitioners and
policymakers alike.
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.
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.
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.
The relentless advance of science is expanding the breadth and
scope of human activity. Its impact can be felt in almost all walks
of life. It has contributed to a sea change in individual and
community healthcare, communication, etc. Along with the multitude
of positive impacts in the past few decades, however, the world
have been faced with a new range of issues, including differential
gender impact as a result of advancement of technology. This book
deals with some of the contentious issues of science and
technology, with its impact on women. The book analyzes how far
gender concerns find a place in national and international human
right doctrines. Law, Technology and Women examines the impact of
the Human Genome Project on women's dignity and rights,
reproductive rights, surrogacy issues, stem cell research, the
question of women's health, etc. The book looks at the extent that
women's issues, in relation to scientific and technological issues,
have sometimes been underestimated in the legal human rights
framework.
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