The Indian Yearbook of Comparative Law 2016

Description

In the modern age of internationalism and globalization, comparative study of law has become a sine qua non for participation in almost all transactions across countries. The Indian Yearbook of Comparative Law 2016 addresses this significant area of legal research and writing in India that has hitherto not received much attention. This volume is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives across different branches of law. It presents cutting-edge research from scholars around the world with the view that comparative study would initiate dialogue on law and legal culture across jurisdictions. The work does not conflate international law with comparative law, but introduces an essential divide between the two interrelated yet very different disciplines. It also encourages readers to gain a deeper understanding of the working of law and legal systems, leading to important insights into the constituents of an ideal system of law.

Table of contents

List of Tables and Figures
Preface
Introduction by Upendra Baxi
List of Abbreviations

PART I COMPARATIVE LAW: GENERAL THEMES

1 Of Apples and Mangoes: Comparing the European Union and India
Philipp Dann, Maxim Bönnemann, and Tanja Herklotz
2 Legal Cultures in Comparative Perspective
Markus Kotzur
3 Democracy, Privatization, and the Rise of Non-state Regulatory Power
George Katrougalos
4 Ambedkar’s Liberty Concept in Comparative Constitutional Thought
Moiz Tundawala and Salmoli Choudhuri

PART II PRIVATE LAW

5 The Stakeholder Approach towards Directors’ Duties under Indian Company Law: A Comparative Analysis
Mihir Naniwadekar and Umakanth Varottil
6 Corporate Governance of Family-run Companies: Comparison of India and Hong Kong
Swati Deva

PART III PUBLIC LAW
SECTION A CONSTITUTIONAL LAW

7 Constitutionalism: African Perspectives
Yash Ghai
8 Establishing Judicial Review in China: Impediments and Prospects
Qianfan Zhang
9 Constitutionalizing Public Participation in Kenya
Jill Cottrell
10 Inclusive Constitutionalism and the Indigenous People of the Chittagong Hill Tracts in Bangladesh
Ridwanul Hoque
11 A Comparative Study of Constitutional Policies Relating to Ethnic Pluralism in SAARC Countries
P. Ishwara Bhat and Aratrika Choudhuri

SECTION B HUMAN RIGHTS

12 Comparing Fundamental Social Rights in the European and the Indian Union
Jörg Luther
13 Direct Complaints of Individuals against Legal Acts Adopted by the European Union
Wolfram Cremer
14 Sizing up the Opposition: Taking the Comparative Route to Entrench the CRPD Paradigm
Amita Dhanda
15 Disability Rights at a Crossroads: Reflections on Evolution of Public Law of Physical and Mental Disability
Sanjay Jain
16 Three Models of Affirmative Action through the Lens of Separation of Powers: South Africa, Canada, and India
Arpita Sarkar

SECTION C ENVIRONMENTAL LAW

17 The Chances of a National Sustainability Strategy for a Balanced and Stable Development: The Example of India
Michael von Hauff
18 Public Participation in Environmental Governance in India and Indonesia
Nupur Chowdhury and Arie Afriansyah
19 Environmental Courts and Tribunals: A Comparative Analysis of Australia’s LEC and India’s NGT
Usha Tandon

Index
About the Editor and Contributors