Private International Law: South Asian States' Practice

ISBN-13: 9789811034572 / Angielski / Twarda / 2017 / 442 str.

Sai Ramani Garimella; Stellina Jolly

Opis

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.

Spis treści

Introduction

Thematic Statement

Section I. Contemporary Discourse on Private International Law – Some Strands

 1.       South Asian Legal Systems and Families in Foreign Courts: The British case --  Prakash A. Shah, Reader in Culture and Law, Queen Mary University of London

 2.       Choice of Law in International Commercial Arbitration - Markus Petsche, Associate Professor, Legal Studies Department, Central    European University, Budapest, Hungary

3.       The Hague Convention on Choice of Court Agreements – Should the European Union’s footsteps be Followed? -   Dr. Poomintr SOOKSRIPAISARNKIT, City University of Hong Kong

 Section II. Private International Law in South Asia – States’ Practice in Family Law space

 4.       Conflict of Laws – State Practice in Afghanistan -- Wali Mohammed Naseh, Professor of law, University of Kabul

 5.       Conflict of Laws – State Practice in Nepal - Apurba Khatiwada, Attorney at Law, Prudent Legal Services, Kathmandu, Nepal

 6.       Conflict of Laws – State Practice of Bangladesh - Mohammed Abdur Razzak, Barrister and Solicitor, Canada, & Advocate, Bangladesh

 7.       Cross-border divorce regime in Bangladesh -- Md Sanwar Hossain, Barrister at law, Advocate, Supreme Court of Bangladesh

 8.       Cross-border Divorce - Sri Lankan State Practice -Ruwani Dantanarayana and John Wilson, JOHN WILSON PARTNERS, Colombo, Sri Lanka

 9.       Cross-Border Divorce Decrees - Recognition in India and Public Policy Considerations -  Vasanthi N., Professor, NALSAR University of Law, Hyderabad, India

 10.   Foreign judgments in Matrimonial disputes – Recognition in Nepal and Public Policy Considerations - Srijana Regmi, Legal Officer, Ministry of Law, Justice, Constituent Assembly and   Parliamentary Affairs, Nepal

 11.   Recognition and Enforcement of Foreign Judgments in Pakistan – Public Policy Considerations - Amanullah Malik, Assistant Professor, Faculty of Law, Punjab University, Lahore, Pakistan

< 12.   Cross-Border Surrogacy: Indian State Practice - Stellina Jolly, Assistant Professor, Faculty of legal Studies, South Asian University, New Delhi

 13.   Inter-Country Child Abduction – India’s Legal response - Molshree A. Sharma, Attorney & Partner at Mandel, Lipton, Roseborough and Sharma, Ltd., Greater Chicago area, USA

 14.   Inter-Country Child Abduction - Pakistan’s Legal response - Sarmad Ali, Advocate High Court, Lahore, Pakistan

15.   Inter-Country Child Abduction  – Sri Lankan Legal Response - Rose Wijesekera, Department of Private Law, Faculty of Law, University of Colombo, Sri Lanka.

Section III - Private International Law in South Asia – States’ Practice in Commercial Law space

 16.   Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration:  A Bangladesh Perspective - Maimul Ahsan Khan, Professor of Law, University of Dhaka, Bangladesh

 17.   Enforcement of Foreign Arbitral Awards in Bangladesh  - Sameer Sattar, Barrister (Lincoln's Inn); Advocate (Bangladesh Bar)

 18.   Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration:  An Indian Perspective - Sai Ramani Garimella, Faculty of Legal Studies, South Asian University, New Delhi, India

 19.   Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration:  A Pakistan Perspective -Ijaz Ali Chisti, Supreme Court of Pakistan, Islamabad, Pakistan

 20.   Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration:  A Sri Lankan Perspective - Justice Saleem Marsoof, P.C

 21.   Private International Law Issues in Intellectual Property Cases in India - Vandana Singh, Assistant Professor of Law, USLLS, Guru Gobind Singh Indraprastha University, Delhi India

Conclusion

Glossary

 

O autorze

Dr. Stellina Jolly is an assistant professor at the South Asian University (SAU), New Delhi. Her teaching interests include international environmental law, conflict of laws and bio-ethics. She has worked with the Rajiv Gandhi Foundation, Delhi on a research project to develop indicators for “Rule of Law” for states in India. She is part of the Expert Group on National Consultation on Rule of Law project in the National Law University (NLU), Delhi. Her publications include articles in the European-Asian Journal of Law and Governance, UNESCO Journal of Bio-Ethics, International Journal of Public Law and Policy, and the International Journal of Juridical Sciences. She has been part of the editorial board of peer-reviewed journals, including the Indian Journal of Human Rights, the International Journal of Bioethics, the NUJS International Journal of Legal Studies and Research, and the Kuwaiti Journal of Health Care Management. She has been a visiting professor at the Indian Institute of Public Administration (IIPA), the Indian Society of International Law (ISIL), and the NLU Delhi.

Dr. Sai Ramani Garimella works as an assistant professor at the Faculty of Legal Studies, South Asian University, New Delhi, India. She trained at the International Chamber of Commerce (ICC) Summer programme in International Commercial Arbitration. Her research interests are in legal theory and in private law as represented in private international law, international commercial arbitration, international dispute settlement and comparative constitutional law. She has published numerous articles in area of private international law and has also written a textbook on private international law for undergraduate courses in Indian universities entitled “Private International Law” (Central Law Publications, 2014). She was an invited faculty speaker at the Institute of Security Studies, University of Hamburg, at the Indian Institute of Corporate Affairs, Government of India. She also serves on the editorial board of various journals, including the Journal of Law and Conflict Resolution.