The Indian Yearbook Of Comparative Law 2018

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The Indian Yearbook of Comparative Law 2018

Author : Mahendra Pal Singh
Publisher : Springer
ISBN 13 : 9811370524
Total Pages : 398 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2018 by : Mahendra Pal Singh

Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

The Indian Yearbook of Comparative Law 2019

Author : Mathew John
Publisher : Springer Nature
ISBN 13 : 9811621756
Total Pages : 371 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2019 by : Mathew John

Download or read book The Indian Yearbook of Comparative Law 2019 written by Mathew John and published by Springer Nature. This book was released on 2021-07-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.

The Indian Yearbook of Comparative Law 2020

Author : Mathew John
Publisher : Springer Nature
ISBN 13 : 9819954673
Total Pages : 293 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2020 by : Mathew John

Download or read book The Indian Yearbook of Comparative Law 2020 written by Mathew John and published by Springer Nature. This book was released on 2023-12-02 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

The Indian Yearbook of Comparative Law 2016

Author : Mahendra Pal Singh
Publisher :
ISBN 13 : 9780199096985
Total Pages : 526 pages
Book Rating : 4.0/5 (969 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2016 by : Mahendra Pal Singh

Download or read book The Indian Yearbook of Comparative Law 2016 written by Mahendra Pal Singh and published by . This book was released on 2019 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions, by eminent scholars, included in 'The Indian Yearbook of Comparative Law 2016' discuss the discipline of comparative law in India, and is of immense importance for legal scholarship around the globe. The issues covered include corporate law, constitutional law, human rights, environmental law, globalization, democracy, privatization and several other contemporary legal issues.

The Indian Yearbook of Law and Interdisciplinary Studies

Author : Ranita Nagar
Publisher : Taylor & Francis
ISBN 13 : 1000801187
Total Pages : 217 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis The Indian Yearbook of Law and Interdisciplinary Studies by : Ranita Nagar

Download or read book The Indian Yearbook of Law and Interdisciplinary Studies written by Ranita Nagar and published by Taylor & Francis. This book was released on 2022-11-23 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook focuses on law and its interdisciplinarity in India. It brings together scholars of law, economics, and policy to foster multidisciplinary thinking and analysis across subject areas. The contributors to this volume embody an interdisciplinary spirit through their academic experience and aim to bring to the fore unique suggestions for a better understanding of the law. The volume explores various key issues that are central to state policy demanded by a functioning democracy, in terms of democratic quality, aspirations and sustainability. It discusses global and social issues, such as foreign interference in domestic elections, feminism, and climate change and looks at other subjects such as economics, religion, history, literature from the perspective of law. A unique contribution to the study of law in India, this book will be an essential read for scholars and researchers of law, jurisprudence, political science, economics, public policy, sociology, social anthropology, the Indian Constitution, and South Asia studies.

Comparative Law

Author : Mathias Siems
Publisher : Cambridge University Press
ISBN 13 : 110884085X
Total Pages : 591 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Comparative Law by : Mathias Siems

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2022-03-24 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.

Environmental Constitutionalism in the Anthropocene

Author : Domenico Amirante
Publisher : Routledge
ISBN 13 : 1000567427
Total Pages : 285 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Environmental Constitutionalism in the Anthropocene by : Domenico Amirante

Download or read book Environmental Constitutionalism in the Anthropocene written by Domenico Amirante and published by Routledge. This book was released on 2022-04-03 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.

The Origin and Evolution of Investment Treaty Standards

Author : Federico Ortino
Publisher : Oxford University Press
ISBN 13 : 0192580213
Total Pages : 208 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Origin and Evolution of Investment Treaty Standards by : Federico Ortino

Download or read book The Origin and Evolution of Investment Treaty Standards written by Federico Ortino and published by Oxford University Press. This book was released on 2019-12-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees. Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.

Religious Offences in Common Law Asia

Author : Li-ann Thio
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937315
Total Pages : 480 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Religious Offences in Common Law Asia by : Li-ann Thio

Download or read book Religious Offences in Common Law Asia written by Li-ann Thio and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.

Leading Works in Criminal Law

Author : Chloë Kennedy
Publisher : Taylor & Francis
ISBN 13 : 1000926281
Total Pages : 278 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Leading Works in Criminal Law by : Chloë Kennedy

Download or read book Leading Works in Criminal Law written by Chloë Kennedy and published by Taylor & Francis. This book was released on 2023-08-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.

An Introduction to the Study of Comparative Law

Author : Indian Law Institute
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis An Introduction to the Study of Comparative Law by : Indian Law Institute

Download or read book An Introduction to the Study of Comparative Law written by Indian Law Institute and published by . This book was released on 1971 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Climate Constitutionalism Momentum

Author : Pasquale Viola
Publisher : Springer Nature
ISBN 13 : 3030973360
Total Pages : 140 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Climate Constitutionalism Momentum by : Pasquale Viola

Download or read book Climate Constitutionalism Momentum written by Pasquale Viola and published by Springer Nature. This book was released on 2022-03-29 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the “aurora” of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects. Based on the need to rethink legal paradigms, “Climate Constitutionalism Momentum: Adaptive Legal Systems” deals with three major means to combat anthropogenic climate change—namely science, politics and law—further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum. Academic researchers are the book’s primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.

An Introduction to the Study of Comparative Law. Under the Auspices of The Indian Law Institute

Author : Rahmatullah Khan
Publisher :
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis An Introduction to the Study of Comparative Law. Under the Auspices of The Indian Law Institute by : Rahmatullah Khan

Download or read book An Introduction to the Study of Comparative Law. Under the Auspices of The Indian Law Institute written by Rahmatullah Khan and published by . This book was released on 1971 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Post-WTO International Legal Order

Author : Meredith Kolsky Lewis
Publisher : Springer Nature
ISBN 13 : 3030454282
Total Pages : 296 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis A Post-WTO International Legal Order by : Meredith Kolsky Lewis

Download or read book A Post-WTO International Legal Order written by Meredith Kolsky Lewis and published by Springer Nature. This book was released on 2020-06-16 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudence, effective collapse of the DSB); or (b) Falls apart completely. While neither is desirable, the book underlines that it must be conceded that neither is inconceivable. The collapse of the Soviet Union tells us that anything is possible (in 1986 no one foresaw the end of the Cold War - clearly it was a much more significant event than would be the case for the demise of the WTO and the current international economic legal order (IELO)). Similarly, just a year or two before Brexit or the election of US President Donald Trump, no one foresaw those two eventualities. Consequently, a worst-case scenario for the future of the WTO cannot be ignored – rather, it must be explored, as has been done in this book. Indeed, despite most IEL academics’ commitment to multilateralism and specifically to a vibrant and dynamic WTO, academics in the field are now beginning to seriously discuss what a post-WTO world could look like (and it was the project behind this book that first launched those discussions). Accordingly, this examination of the post-WTO world will be of great value to practitioners, governmental and international officials and scholars in the IELO. This is particularly so in an era of increasingly rapid change, during which legal scholarship must also address the future if it wants to contribute creative solutions to the resolution and management of the many serious contemporary problems facing our field.

The Global South and Comparative Constitutional Law

Author : Philipp Dann
Publisher : Oxford University Press, USA
ISBN 13 : 0198850409
Total Pages : 321 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Global South and Comparative Constitutional Law by : Philipp Dann

Download or read book The Global South and Comparative Constitutional Law written by Philipp Dann and published by Oxford University Press, USA. This book was released on 2020-10-29 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.

Treatment of Foreign Law in Asia

Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956565
Total Pages : 482 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Treatment of Foreign Law in Asia by : Kazuaki Nishioka

Download or read book Treatment of Foreign Law in Asia written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.

Deciphering the Genome of Constitutionalism

Author : Ran Hirschl
Publisher : Cambridge University Press
ISBN 13 : 1009473247
Total Pages : 387 pages
Book Rating : 4.0/5 (94 download)

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Book Synopsis Deciphering the Genome of Constitutionalism by : Ran Hirschl

Download or read book Deciphering the Genome of Constitutionalism written by Ran Hirschl and published by Cambridge University Press. This book was released on 2024-03-31 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--