Stellina Jolly's Books

Indian Private International Law

By: Stellina Jolly,Saloni Khanderia

Write a review Read reviews Take a Quiz Solve Book Puzzle

Indian Private International Law

By: Stellina Jolly,Saloni Khanderia

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.

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

416

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509938192

ISBN 13

9781509938193

Climate Refugees in South Asia

Protection Under International Legal Standards and State Practices in South Asia

By: Stellina Jolly,Nafees Ahmad

Write a review Read reviews Take a Quiz Solve Book Puzzle

Climate Refugees in South Asia

Protection Under International Legal Standards and State Practices in South Asia

By: Stellina Jolly,Nafees Ahmad

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.

Average ratings

N/A