1.

Record Nr.

UNINA9910495230603321

Titolo

The Indian Yearbook of Comparative Law 2019 [[electronic resource] /] / edited by Mathew John, Vishwas H. Devaiah, Pritam Baruah, Moiz Tundawala, Niraj Kumar

Pubbl/distr/stampa

Singapore : , : Springer Nature Singapore : , : Imprint : Springer, , 2021

ISBN

981-16-2175-6

Edizione

[1st ed. 2021.]

Descrizione fisica

1 online resource (XI, 371 p. 3 illus., 2 illus. in color.)

Collana

The Indian Yearbook of Comparative Law, , 2524-7050

Disciplina

340.9

Soggetti

Private international law

Conflict of laws

International law

Comparative law

Administrative law

Constitutional law

Mediation

Dispute resolution (Law)

Arbitration (Administrative law)

Medical laws and legislation

Environmental Law

Private International Law, International and Foreign Law, Comparative Law

Administrative Law

Constitutional Law

Dispute Resolution, Mediation, Arbitration

Medical Law

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

The Limits and Challenges of Comparativism -- A Call for Order: Intra-Disciplinary Challenges and ‘Comparative Environmental Law’ -- The Curious Case of Overfitting Legal Transplants -- The Concept of Arbitral Award under the New York Convention: A Comparative Study of English, French and Indian Approaches -- A comparative assessment of



the legal framework on cross-border consumer disputes -- Sustainable Development Component in Model BITs - A Comparative Analysis -- Proportionality – A Balancing Act for Achieving Constitutional Rights (A Comparative Study) -- Authoritarian Constitutions: Audience and Purposes -- The Rechtsstaat as a German Concept? –An Attempt at Contouring and Contextualizing -- Does Authoritarian Legality Work for China?.

Sommario/riassunto

This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.