Category: Private International Law

The Role of International Financial Institutions in Developing and Least Developed Countries

International financial Institutions such as the World Bank and the International Monetary Fund are facing varied economical, financial, political, social and environmental issues today. Their role with regards to the administration of global distributive justice, minimising poverty or aiding in the developmental processes is being called into question. In this paper, the author has tried to expose the internal working procedure of these institutions and the effects of their policies which have been debated vigorously as skepticism looms large in the wake of a worsening economic situation and living standards especially in the Developing and Least Developed countries.

The Struggle of a Democracy against Terrorism: Sacrificing Civil Liberties to Reduce Terrorism Risks

Terrorist threats have existed throughout modern history, and the importance of deterring and preventing terrorist acts is of central importance. The impulse to abandon human rights norms in times of fear and crisis is short-sighted and self-defeating. As the revelations of shocking abuses at Abu Gharib prison have demonstrated, the world will not easily accept inhumane treatment in any context, and such treatment will tarnish and undermine even legitimate security operations. Therefore, this is an issue which requires in-depth analysis, as done by the author, due to its complex and multidimensional nature.

Principle of Non-Refoulement and its Absolute Nature

By Akkiraju Chandralekha, SLS Pune   Editor’s Note: The principle of non-refoulement is a major concept in public international law, dealing specifically with refugee laws within the human rights regime. The principle basically says that a refugee, once entered another country, cannot be forced back to his original country unless […]

Private International Law

Sucharita Manjunath, UPES Dehradun Editor’s Note: Private International Law is the legal framework composed of conventions, protocols, model laws, legal guides, uniform documents, case law, practice and custom, as well as other documents and instruments, which regulate relationships between individuals in an international context. Introduction Private International Law is a merger of […]

The Protection of Refugees Bill, 2014

By Shristi Banerjee and Aditya Pattnaik, WBNUJS Editor’s Note: This paper is in the form of a proposed draft for a bill titled the Protection of Refugees Bill. The Bill contains 48 sections and 14 chapters. The preamble states that it is a  bill “to provide for the legalisation of asylum […]

Private International Law and Inter-Parental Custody Disputes in India

By Aditi, NUJS Editor’s Note: Disputes resulting from such global families, especially involving inter-parental custody battles have yet to be addressed comprehensively by the Indian legal regime. The present paper explores the current Indian position on this issue and the future potential in the background of the Hague Convention of 1980 […]