1st Edition
Indian Practice of International Law Global Norms and their Domestic Enforcement
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;
- Extradition and diplomatic immunities;
- Intellectual property;
- International obligations.
The essays in this book also establish the linkage between observance of international law and bilateral and multilateral relations between different countries.
Comprehensive and analytical, this book will be useful for scholars and researchers of law, international law, human rights, and foreign policy. It will also be an invaluable companion for professionals in law firms and think tanks, bureaucrats, and diplomats.
Introduction
Siddhartha Misra
Part I: Legal and Constitutional Framework
1. Enforcement of International Law in India: Constitutional and Legal Framework
V.K. Ahuja and Parthvi Ahuja
Part II: Human Rights, Humanitarian Law, and Refugees
2. International Human Rights Law in India: Practice and Trends
Siddhartha Misra
3. Implementation of International Humanitarian Law (IHL) in India
Sanoj Rajan
4. Global Regime on Protection of Refugees and India’s Response: A Way Forward
B.G. Balaji Naika
Part III: Diplomacy: Privileges, Immunities and Extradition
5. Diplomatic Privileges and Immunities: Indian Practice, Approach, and Trends
Siddhartha Misra and Arjun Anand
6. Legal Immunity of International Organisations: Reception, Praxis, and Trend in India
Ashish Kumar
7. Indian Practice of International Extradition Law
Vishal Arun Hegde and Prakriti Bandhan
Part IV: Environment and Atomic Energy
8. Reception of International Environmental Law in India
Stellina Jolly and G.S. Moses Raj
9. The Civil Liability for Nuclear Damage Act of India: A Critical Perspective Regarding the Supplier’s Liability
R.B. Grover
Part V: Investment, Trade, Taxation, and Conflict of Laws
10. India’s Perspective on the Evolution of International Investment Law
Katarzyna Kaszubska
11. Commercial and Investor-State Disputes Settlement, the Role of UNCITRAL and Indian Practice: An Analysis
R.J.R. Kasibhatla
12. India and the WTO: Initiatives Taken at a Glance
R.J.R. Kasibhatla, Vishal Arun Hegde, and Shantanu Kanade
13. International Double-Taxation Avoidance Law and Indian Practice
Manuj Sabharwal
14. Indian Practice of Private International Law
Priya A. Sondhi and Anoop Kumar
Part VI: Sea and Maritime
15. India’s Response to International Law of the Sea
Ambika and Rohit Sharma
16. India’s Compliance of International Maritime Law: Jurisdiction and Claims
Ashutosh Acharya and Khushal Garg
Part VII: Air and Space
17. Indian Practice of International Space and Remote Sensing Laws
Asha P. Soman
18. Indian Practice of International Civil Aviation Law
M. Abdullah Daniel
Part VIII: Cyber Security and Data Protection
19. International Cyberspace Law in India: Needs, Challenges, and Way Forward
Bhavna Sharma and Ajay Singh Chauhan
20. Protection of Data and Privacy in the Digital Age: International Obligations and Indian Practice
Amit Luhach
Part IX: Intellectual Property Law
21. Indian Practice of International Copyright Law
Shaiwal Satyarthi and Swati Rawal
22. International Patents Law and Indian Practice
Amit Singh and Harshit Upadhyay
23. Reception of International Trade Mark Law in India
Hemant Khosla
Biography
Siddhartha Misra is a Senior Assistant Professor in Faculty of Law, University of Delhi. He has vast experience of teaching and research in international law and related areas. He has written extensively on these areas in various books and research journals and made many conference presentations. He has been a part of research projects on various socio-legal issues in India. He regularly writes for leading newspapers and magazines in India and is on editorial boards of various law journals.
