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1. Affirmative action [2018]

Book
xxxiii, 1123 pages ; 24 cm
  • Foreword
  • Preface
  • Introduction
  • Basis of affirmative action
  • Social justice across the globe
  • Economic justice across the globe
  • Political justice across the globe : united by law, divided by caste
  • The formal equality and affirmative action : reservation to first generation graduates
  • Reservation plans in public employment sector
  • Reservation in higher education : not in minority institutions
  • Quest for identity
  • Diversity and plurality
  • Security issues and the human rights
  • Reservation in private jobs
  • Quota, set aside and affirmative action
  • Affirmative actions and women empowerment
  • Removal of untouchability and affirmative measures (Article 17)
  • Reverse discrimination
  • Reviewing reservation.
"The system of reservation in India comprises a series of affirmative action measures, such as reserving access to seats in the various legislatures, to government jobs, and to enrolment in higher educational institutions. The societal inequality in India was represented by the grossly inadequate representation of scheduled castes, scheduled tribes and other backward castes in employment and education due to historic, societal and cultural reasons. The reservation nourishes the historically disadvantaged castes and tribes, listed as scheduled castes and scheduled tribes by the government of India. The reservation is undertaken to address the historic oppression, inequality and discrimination faced by those communities and to give these communities a place. It is intended to realize the promise of equality enshrined in the Constitution. However, there has been a serious debate about reservation. Review of positive discrimination is long overdue. The theme is no longer economic, social or educational it is now purely political. The so-called vulnerable have consolidated themselves as solid vote banks or have been so made on greed of Affirmative action. Is it not a opportune time to review the policy of positive discrimination or at least the extent, it has benefited protected groups the progress they have made as a group or what modification can there be either in the policy or beneficiary groups (with inclusion and exclusion). Should affirmative action go by caste, age, religion or sex or to the first generation graduate?"-- Publisher's website.
Law Library (Crown)
Book
xv, 178 pages ; 23 cm
  • Introduction
  • Social activism, political processes, and rights legislation
  • Anti-corruption campaign and the politics of the Lokpal
  • Mobilization and opposition to gender quotas in legislatures
  • Conclusion.
The book examines (1) the relationship between political mobilization and the making of policy/ to grant socio-economic rights (2) the creation of institutions and (3) representation in public institutions i.e. legislatures. It investigates the relationship of political mobilization, party strategies and policy change to understand how campaigns and agitations organized by actors outside traditional electoral networks interact with established political actors to influence the making of social policy and legislations in India in the broader frame of democratic politics. The central question is in what circumstances is social and political mobilization to claim rights and entitlements or the demand for accountability or greater representation in legislatures responded to and addressed to by the state. This is done through an analusis of three empirical cases: (1) Right to employment and Right to food; (2) The anti-corruption or Lokpal or movement, (3) Legislative reservations for women. All but one resulted in legislation. These three cases cover recurring themes in the sphere of political mobilization and the claims they make for redistribution, accountability and representation. By focusing on political actors and processes that shape various legislations to expand rights, accountability and representation, the book argues that it is principally the political context, party processes and leadership strategies that influenced policy decisions of the government. Taken together, the arguments advanced here underlines the social and political implications of situations where both state and mobilization campaigns are the agents and loci of dominance, resistance, and critique. Outcomes are contingent on political responses and party strategies which are an important element of the underlying dynamics, and not merely the scale and intensity of public protest and collective action.
(source: Nielsen Book Data)9780199482177 20181022
Law Library (Crown)
Book
xxviii, 450 pages : illustrations ; 23 cm
  • Alternative dispute resolution : is it an alternative mechanism? / Arijit Pasayat
  • Interim measures under the Indian Arbitration and Conciliation Act, 1996 / Atmaram N.S. Nadkarni
  • Impartiality and independence of the arbitral tribunal / R.C. Lahoti and Divyakant Lahoti
  • The doctrine of Kompetenz-Kompetenz : an Indian perspective / Suresh C. Gupte
  • Grounds for challenging an arbitral award in India / Tushar Mehta
  • Rectification of jurisdiction to entertain arbitration application in the Commercial Courts Act 2015 : pending practical re-alignment to restore the statutory right to appeal? / Ajay Bhargava
  • Institutional arbitration in India : the way forward / Deepto Roy and Madhukeshwar Desai
  • Emergency arbitrator in the Indian context / Tejas Karia
  • Rise of the expert witness in alternative dispute resolution / Gagan Puri, Geetu Singh, and Deepankar Sanwalka
  • Med-Arb / Rajiv Shakhder
  • Limits of arbitrability : some jurisdictional issues in the context of public law rememdies / Prag P. Tripathi
  • Arbitration : an in-house counsel's perspective / Sanjeev Gemawat
  • The concept of seat in international arbitration : developments in India / Vikramjit Sen and Satyajit Gupta
  • Introduction to investment arbitration : a perspective from India / Shreyas Jayasimha and Radha Raghavan
  • Allocation of costs in international abitration / Sonal Kr. Singh and Manish Lamba
  • International arbitration with an Indian connection / Sheila Ahuja
  • Commercial mediation : an evolving frontier of alternative dispute resolution in India / Allison M. Malkin and D. Gracious Timothy
  • Mediation in India : practical tips and techniques / Thomas P. Valenti and Tanima Tandon.
Alternative dispute resolution (ADR), as a mechanism to resolve disputes, has gained wide acceptance in India. This is primarily because the traditional adversarial system of dispensing justice is dilatory, expensive, and, many a time, ineffective. The recent spurt in India's economic development coupled with the renewed confidence of foreign investors to invest in India has also made it imperative that India provides a swifter justice delivery system to resolve commercial disputes. The volume examines some of the important aspects of dispute resolution being practiced in India. More than twenty national and international experts from various fields within the domain of dispute resolution have come together to answer some of the most complex issues and shed light on the usage of the best practices of dispute resolution in India. The work aims to enhance the understanding of the legal issues related to dispute resolution, and provides an updated account of law incorporating the recent Arbitration and Conciliation (Amendment) Act, 2015.
(source: Nielsen Book Data)9780199483617 20180717
Law Library (Crown)
Book
xxiv, 299 pages ; 23 cm
  • Foreword / Jasti Chelameswar
  • From Kania to Sarkaria : judicial appointments from 1950 to 1973 / Suchindran B.N.
  • A committed judiciary : Indira Gandhi and judicial appointments / T.R. Andhyarujina
  • Recovering lost ground : the case of the curious eighties / A.K. Ganguli
  • The judicial collegium : issues, controversies, and the road ahead / Arun Jaitley
  • A plague on both your houses : NJAC and the crisis of trust / Pratap Bhanu Mehta
  • Judicial review and parliamentary power : reorienting the balance / K.T. Thomas
  • Checks and balances revisited : the role of the executive in judicial appointments / Mukul Rohatgi
  • Opening up appointments : civil society participation in the NJAC / Madhavi Divan
  • The obvious foundation test : re-inventing the basic structure doctrine / Raju Ramachandran and Mythili Vijay Kumar Thallam
  • Eight fatal flaws : the failings of the National Judicial Appointments Commission / Arvind Datar
  • The sole route to an independent judiciary? : the primacy of judges in appointment / Gautam Bhatia
  • Justice Lokur's concurring view : the future of appointments reform / Alok Prasanna Kumar
  • Justice Chelameswar's dissent : reforming to preserve / Arghya Sengupta
  • The NJAC case and judicial independence : conceptual and contextual safeguards / Gopal Subramanium
  • Comparative law in the NJAC judgment : a missed opportunity / Suhrith Parthasarathy
  • Judicialization of judicial appointments? : a response from the United Kingdom / Chintan Chandrachud
  • South Africa : analysing a commission model / Chris McConnachie
  • Appointments to the Supreme Court of Canada : procedures and controversies / Peter McCormick
  • Judicial appointments in Pakistan : the seminal case of the 18th Amendment / Sameer Khosa
  • Judicial appointments in Sri Lanka : a politicized trajectory / Rehan Abeyratne
  • Appointments to the Supreme Court of Nepal : a new beginning / Semanta Dahal.
In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court of India, by majority, struck down the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts. Unsurprisingly, the NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. The essays in this volume analyse the NJAC judgment, and provide a rich context to it, in terms of philosophical, comparative, and constitutional issues that underpin it. The work traces the history of judicial appointments in India; analyses constitutional principles behind selecting judges and their application in the NJAC Case; and comparatively examines the judicial appointments process in six select countries-UK, South Africa, Pakistan, Sri Lanka, Canada, and Nepal-enquiring into what makes a good judge and an effective appointments process.
(source: Nielsen Book Data)9780199485079 20180910
Law Library (Crown)
Book
xi, 215 pages ; 24 cm.
  • Preface
  • Introduction
  • Constitutional democracy in India : an ideational battle
  • The British initiatives in constitutionalizing India
  • Designing of constitutional democracy in India : the Constituent Assembly's inputs
  • Indian democracy : reconceptualizing liberalism in a non-Western context
  • Changing texture of Indian polity : the 2014 national poll
  • Judiciary and constitutional democracy in India
  • Conclusion.
Constitutional democracy is both a structure of governance and a way of providing an ideological perspective on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be understood without comprehending the politico-ideological processes that consolidated simultaneously both colonialism and constitutional liberalism. This book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed doctrine. A careful study of the processes reveals that the 1950 Constitution was the culmination of an ideational battle that had begun with the consolidation of the British Enlightenment philosophy in the early days of British paramountcy in India. The book therefore argues that constitutionalizing endeavour in India had a clear imprint of ideas which had its root in this philosophy. The study reveals a striking continuity of the same kind of ideological sentiments when the nationalists devised their own constitutionalizing design, visible in the 1928 Motilal Nehru report and which reappeared in the 1945 Sapru Committee report. Deviating from the conventional study of constitutional evolution of a polity, which is generally legalistic, this book explores the processes since the beginning of colonial rule in India which led to the conceptualization of constitutional democracy in a milieu engaging with arguments formulated by James and JS Mill. A detailed analysis of the roots of constitutional and political liberalism in India, this book sheds light on the material surrounding India's constitutional development. It will be of interest to scholars in the field of Indian Political Theory, South Asian Politics and History.
(source: Nielsen Book Data)9781138551886 20180508
Law Library (Crown)
Book
xi, 215 pages ; 25 cm.
  • Introduction 1. Constitutional Democracy in India: an ideational battle 2. The British initiatives in constitutionalizing India 3. Designing of constitutional democracy in India: the Constituent Assembly's inputs 4. Indian Democracy: liberalism in its reinvented form 5. Changing texture of Indian polity, the 2014 national poll and its aftermath 6. Judiciary and Constitutional Democracy in India Conclusion.
  • (source: Nielsen Book Data)9781138551886 20180326
Constitutional democracy is both a structure of governance and a way of providing an ideological perspective on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be understood without comprehending the politico-ideological processes that consolidated simultaneously both colonialism and constitutional liberalism. This book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed doctrine. A careful study of the processes reveals that the 1950 Constitution was the culmination of an ideational battle that had begun with the consolidation of the British Enlightenment philosophy in the early days of British paramountcy in India. The book therefore argues that constitutionalizing endeavour in India had a clear imprint of ideas which had its root in this philosophy. The study reveals a striking continuity of the same kind of ideological sentiments when the nationalists devised their own constitutionalizing design, visible in the 1928 Motilal Nehru report and which reappeared in the 1945 Sapru Committee report. Deviating from the conventional study of constitutional evolution of a polity, which is generally legalistic, this book explores the processes since the beginning of colonial rule in India which led to the conceptualization of constitutional democracy in a milieu engaging with arguments formulated by James and JS Mill. A detailed analysis of the roots of constitutional and political liberalism in India, this book sheds light on the material surrounding India's constitutional development. It will be of interest to scholars in the field of Indian Political Theory, South Asian Politics and History.
(source: Nielsen Book Data)9781138551886 20180326
Green Library
Book
xvii, 146 pages : maps ; 23 cm
  • Foreword
  • Preface
  • Types of states
  • A brief political history of the republics in ancient India
  • Constitutional features of the republics in ancient India
  • Decline of the republics
  • Democratic traditions within the framework of monarchy
  • Conclusion.
"Democracy has not been the exclusive monopoly of the west...[and] has its roots in the common life of the people. Sovereignty has always been shared by local bodies and communal groups. India can also be described as a political federation with a very large share of local autonomy in village communities, communal assemblies, guilds and village unions. India has had an unbroken record of group institutions, which have been practically self-sufficient and self-governing. The central government has rarely interfered with the local democracies. While they were strong for themselves, contended with their free inner life and freedom, they could not do much for the organization of the country at large as it was too vast for any confederation of small states to govern and organize. A flood of light has been thrown oh the different facets of ancient Indian polity and the republican system of government was one of them. An attempt has been made in the following book to survey the history and institutions of ancient Indian republics from earliest times to the sixth century AD. Essential constitutional features of the ancient Indian republics form the theme of discussion. The book deals with the types of states flourishing in ancient India, political history of the republics, the constitutional features of these republics, their decline and democratic traditions existing within the framework of monarchy."-- Publisher's website.
Law Library (Crown)
Book
xiii, 220 pages : illustrations, map ; 24 cm
  • List of maps and figures-- Acknowledgments-- Note on translation, transliteration, and abbreviations-- Introduction-- 1. Forging secular legal governance-- 2. Personal law and the problem of marital property-- 3. Taming custom-- 4. Ritual and the authority of reason-- 5. Pathologizing Muslim sentiment-- 6. Islamic economy - a forgone alternative-- Conclusion-- Select bibliography-- Index.
  • (source: Nielsen Book Data)9781107173910 20180806
Governing Islam traces the colonial roots of contemporary struggles between Islam and secularism in India, Pakistan, and Bangladesh. The book uncovers the paradoxical workings of colonial laws that promised to separate secular and religious spheres, but instead fostered their vexed entanglement. It shows how religious laws governing families became embroiled with secular laws governing markets, and how calls to protect religious liberties clashed with freedom of the press. By following these interactions, Stephens asks us to reconsider where law is and what it is. Her narrative weaves between state courts, Islamic fatwas on ritual performance, and intimate marital disputes to reveal how deeply law penetrates everyday life. In her hands, law also serves many masters - from British officials to Islamic jurists to aggrieved Muslim wives. The resulting study shows how the neglected field of Muslim law in South Asia is essential to understanding current crises in global secularism.
(source: Nielsen Book Data)9781107173910 20180806
Green Library
Book
xviii, 551 pages ; 24 cm.
  • History
  • Topics
  • Influences
  • Interpretive approaches.
Law Library (Crown)
Book
213 pages ; 22 cm
  • Modern historiography : special reference to ancient Indian legal studies
  • The notion of law in ancient India : reflections from modern historians
  • Interpretations of social legislation in ancient India
  • Proprietary laws in ancient India : an interpretational insight
  • The laws of state affairs : historiographical perspectives
  • Judicial and penal laws : historians' observations.
"The book is a maiden voyage to compile and analyze the interpretations of ancient Indian law in modern historiography. There has been a dearth of books with historiographical approach to the study of classical Indian law, despite the fact that law has occupied a prominent place in the historical studies over the past two hundred years. Starting from British Indologist Sir William Jones, the historians owing allegiance to different schools like Imperialism, Nationalism, Marxism and Postmodernism commented fervently upon the ancient Indian law. Irrespective of their interpretive models, such comments and studies have broadened our understanding of the ancient Indian law and enriched the historiography of the same. But the comprehensive study of such vast intellectual heritage, remained a virgin territory. The followers of ancient history confined themselves to Sutra-Smriti texts, and those from law schools focused on post-independent codified Hindu law. In this backdrop, the present work, by studying the modern historiography of ancient Indian law, stands to be the first of its own kind. The book is historiographical in its methodology, but as and when required, primary sources have also been referred to in order to critically examine the historian's assumptions. The various interpretations have been put together...to delineate a holistic and objective picture of various law topics such as - marital laws, son-ship & adoption, succession & inheritance, women's property rights, international laws, and laws of judicature, etc."-- Provided by publisher.
Law Library (Crown)
Book
viii, 302 pages ; 23 cm
  • Introduction: Iterations of law : legal history from India / Aparna Balachandran, Bhavani Raman, and Rashmi Pant
  • The life of law in modern India : a present history of the Martha court / Janaki Nair
  • Speaking in multiple registers : property and the narrative of care / Rashmi Pant
  • Violence and the language of law / Neeladri Bhattacharya
  • Law in times of counter-insurgency / Bhavani Raman
  • Petition town : law, custom, and urban space in colonial South India / Aparna Balachandran
  • 'To mount or not to mount?' : court records and law making in early modern Rajasthan / Nandita Sahai
  • Power, petitions, and the 'povo' in early English Bombay / Philip J. Stern
  • Of truth and taxes : a material history of early stamp't paper / Shrimoyee Ghosh
  • Public finance and personal law in late colonial India / Eleanor Newbigin.
This volume reflects a recent transformation of the concerns of social scientists regarding the legal history of South Asia. While, earlier, historians looked at the results rather than the performance of law, the concerns later shifted to unravelling the socioeconomic and political contexts that shaped law-making and its practice. Iterations of Law advances these new perspectives on legal history from South Asia. Going beyond an area studies rubric to critically engage with recent work in colonial and transnational legal history, the essays in this volume utilize both archival and everyday records to interrogate the relationship between the discipline of history and the institution of law. The contributors to this volume include both young and established scholars who address the enacted and performative aspects of law that illuminate how rights are inscribed into a hierarchical order, a process that is often elided and fragmented by jurisdictional contexts. Their essays focus on complex moments in the life of the law when rights or claims simultaneously inaugurate a new economy of power and authority. Through these chapters, it becomes possible to interrogate the framing of legal regimes 'from below' and treat the law as a process that entails constant exchange, conflict, and adjustment between the rulers and the governed.
(source: Nielsen Book Data)9780199477791 20180416
Law Library (Crown)
Book
xxvii, 481 pages : illustration, map ; 25 cm
This new translation offers a contemporary rendering of this ancient work which addresses fundamental questions of law and duty for all members of society. One cannot but be impressed by the breadth of scope conjoined with sometimes minute and informative detail. The Laws embody the genius of their originators whose minds could contemplate the full extent of human society and accommodate a code of conduct which would ensure its lawful and harmonious regulation. The modern mind will certainly take issue with many of its directions and prohibitions, yet the same mind may also find within The Laws a source of inspiration and guidance in a world of apparently increasing disorder and conflict. Societies continuously modify the conventions by which they function and these may be evolutionary or consciously directed. It is for each generation to discover how the laws expressed in this work may find contemporary relevance. The present age thirsts for new frontiers of enquiry to bring advancement to the world. Within The Laws with its wealth of principles there is rich material for such an exploration. The text is of great interest as a cultural document but will equally find validity as an object of serious consideration for those who have a practical vision for the welfare of mankind. The text used is the version which has been translated by Jones (1794), Burnell (1884), Buhler (1886), and Doniger (1991). It includes the following eight appendices: Appendix I Weights, Measurements, Denominations; Appendix II Penances, Sacrifices, Teachers; Appendix III Places and Peoples; Appendix IV Prayers, Hymns, Verses cited in The Laws of Manu; Appendix V Fauna, Flora, Foods; Appendix VI Time Durations and Seasons; Appendix VII Gods and Deities; Appendix VIII The Circle of Neighbouring Kingdoms; Extensive index (almost 100 pages).
(source: Nielsen Book Data)9780856835230 20181015
Green Library
Book
xvi, 337 pages : illustrations ; 23 cm.
  • List of Figures and Tables. Contributors. Acknowledgments. Abbreviations. Introduction Melvil Pereira Part I: Conflict Resolution Systems: Theories, Thoughts and Concepts 1. Conflict Resolution Systems in the Tribal Societies of Northeast India: Legal Pluralism and Indian Democracy Nandita Haksar 2. Diverse Personal Laws, Gender Justice and Controversy over the Uniform Civil Code Flavia Agnes 3. Customary Law, State Law and Non-State Organisation: The Predicaments of Legal Pluralism and Growing Conflict in Nagaland N. K. Das 4. Customary Law and the politics of Peace and Conflict Resolution in Post-Colonial States: Threats Posed by Modernisation and Development Bitopi Dutta 5. Legal Pluralism and Alternative Dispute Redressal Systems in the Northeast Ranga Ranjan Das 6. The Resilience of Tribal Conflict Resolution Systems in North East India: A Panoramic View Melvil Pereira and R. P. Athparia 7. Mizo Customary Laws and the Discourse of Women's Rights V. Sawmveli Part II: Fights in the Field: Case Studies of Resolution Systems from the Communities of Northeast India 8. Traditional Methods of Conflict Resolution of the Sumi Naga Tribe Herali Achumi and Alphonsus D'Souza 9. The Hall without Walls-The Role of Namghars in Peace-building: Practices and Prospects Jayanta Madhab Tamuly 10. The Khasi-Pnar Ideology of Peace and Conflict Resolution Valentina Pakyntein 11. Indigenous Methods of Conflict Resolution in Sikkim: A Case Study on the Dzumsa Ganga Maya Tamang 12. Exploring Traditional Approaches to Resolving Conflicts over Land Resources: The Case of the Nyishi Tribe in Arunachal Pradesh Tame Ramya 13. Hmar Traditional Practices in Conflict Resolution: An Anthropological Perspective Immanuel Zarzosang Varte and R. Th. Varte 14. Conflicts and Systems for its Resolution among the Paites of Manipur H. Kamkhenthang 15. Forums for Conflict Resolution in the Jaintia Tribal Community over Land Resources Rikil Chyrmang 16. Indigenous Conflict Resolution Mechanisms: A Study on the Riang of Tripura Janet Florine Tellis. Epilogue Thomas C. B. P. Small. Glossary. Index.
  • (source: Nielsen Book Data)9781138230781 20180213
This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law's continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; andhighlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women's rights. Part of the prestigious `Transition in Northeastern India' series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.
(source: Nielsen Book Data)9781138230781 20180213
Green Library
Book
x, 337 pages ; 25 cm
  • Introduction / Srinivas Burra and R. Rajesh Babu
  • Part I. Ideas, justice and humanitarianism. Gandhi and international law : Satyagraha as universal justice / S. G. Sreejith
  • A critic and an apologist : India's quest for UN Security Council permanent membership / Srinivas Burra and Haris Jamil
  • Collective engagement and selective endorsement : India's ambivalent attitude towards laws of armed conflict / Srinivas Burra
  • Part II. Trade, investment and taxation. Two decades of trade remedy litigations in WTO : India the protectionist trader / K. D. Raju
  • India and bilateral investment treaties : from rejection to embracement to hesitance? / Prabhash Ranjan
  • Making international tax law : analysing tax jurisprudence in India / Ajay Kumar
  • Part III. Intellectual property regimes. Protection of traditional knowledge and expressions of folklore : locating India in the global framework / R. Rajesh Babu
  • Transnational influences in trade mark and domain name protection : the Indian experience / V. K. Unni
  • India's participatory role in the database debate at WIPO / Indranath Gupta
  • TRIPS and public health : challenges for India and its response / Reji K. Joseph
  • Part IV. Nature, resources and rights. India and international environmental law / Shiju Mazhuvanchery
  • Implementation of the Convention on Biological Diversity and its protocols in India / Pushpa Kumar Lakshmanan
  • Indian Civil Nuclear Liability (CNLD Act) : an adventurism or exceptionalism in international legal discourse / M. P. Ram Mohan.
"This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India's role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India's drift from its traditional role as an ally and proponent of the third world towards pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces"--Back cover.
Law Library (Crown)
Book
xiii, 234 pages ; 24 cm
  • Foreword
  • Introduction
  • Historical background of investment protection
  • Conditions of entry, operation and consequences of violations (doctrine of illegality)
  • Applicable laws and jurisdiction
  • Treatment standards
  • Dispute resolution and enforcement of investment awards
  • Indian judiciary and investment treaty arbitration
  • India and ICSID
  • Conclusion.
"[This book] aims at introducing the driving concepts of investment arbitration with a focus on bilateral investment treaties (BITs) and free trade agreements. India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing BITs and announced to renegotiate them based on the newly issued model BIT. This book is the first...commentary and analyses of international investment law with a focus on India. It offers...examination of India's legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country's governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment."-- Back cover.
Law Library (Crown)
Book
viii, 218 pages ; 22 cm
  • Preface
  • Introduction
  • Law and morality
  • Christian sources of secular law
  • The cannibal's guide to jurisprudence
  • Law and rationality
  • Wronging rights?
  • Towards an Indian philosophy of law
  • From Dharmashastra to modern Hindu law
  • The persistence of caste
  • The politics of shariat
  • Ambedkarite jurisprudence
  • Free speech and All India Bakchod
  • Equality and reservation
  • Queering law
  • Rape and security : a Buddhist vantage point
  • The ethics of organ donation
  • Indian Supreme Court jurisprudence : five exemplary cases
  • Conclusion.
What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.
(source: Nielsen Book Data)9781138630314 20180514
Law Library (Crown)
Book
xiv, 191 pages ; 24 cm
  • On legal profession
  • On judicial conduct
  • On judicial appointments
  • On judicial management
  • On some judicial verdicts
  • On constitution and legislations
  • On judicial approach.
Law Library (Crown)
Book
xxxvii, 206 pages ; 23 cm
Law Library (Crown)
Book
pages cm
Law Library (Crown)
Book
xxvi, 303 pages, 12 unnumbered pages of plates : illustrations (black and white) ; 23 cm
Law Library (Crown)