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This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India's role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India's drift from its traditional role as an ally and proponent of the third world towards the pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces.
List of contents
Introduction.- Gandhi and International Law: Satyagraha as Universal Justice.- A Critic and an Apologist: India's Quest for UN Security Council Permanent Membership.- Collective Engagement and Selective Endorsement: India's Ambivalent Attitude towards Laws of Armed Conflict.- Two Decades of Trade Remedy Litigations in WTO: India the Protectionist Trader.- India and Bilateral Investment Treaties: From Rejection to Embracement to Hesitance?.- Making International Tax Law: Analysing Tax Jurisprudence in India.- Protection Of Traditional Knowledge And Expressions Of Folklore: Locating India in the Global Framework.- Transnational Influences in Trade Mark and Domain Name Protection: The Indian Experience.- India's Participatory Role in the Database Debate at WIPO.- TRIPS and Public Health: Challenges for India and its Response.- India and International Environmental Law.- Implementation of the Convention On Biological Diversity And Its Protocols in India.- Indian Civil Nuclear Liability Law (CNLD Act): An Adventurism or Exceptionalism in International Legal Discourse.
About the author
Dr. Srinivas Burra is an Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi. Earlier, he worked as Legal Adviser with the Regional Delegation of the International Committee of the Red Cross, New Delhi, and as a Senior Legal Of¿cer with the Asian-African Legal Consultative Organization (AALCO) Secretariat, New Delhi. His research interests include human rights law, international humanitarian law, international refugee law, treaty law, international institutions, international criminal law and legal theory. He has several publications to his credit. He is a member of the Editorial Board of the
Indian Journal of International Law, published by Springer.
Dr. R. Rajesh Babu is a Professor of Law in the Public Policy Group at the Indian Institute of Management Calcutta (IIMC). He received his Ph.D. from Jawaharlal Nehru University in International Law. His research and teaching interests include international economic law, international dispute resolution, property rights and corporate liability. He has several books, book chapters and articles in international and national journals to his credit. His books include "Remedies under the WTO Legal System" published by Martinus Nijhoff Publishers, Leiden, 2012, and the co-edited book "Management Education in India: Perspectives and Practices", by Springer, Singapore, 2017. He is also a member of the Editorial Board of the
Indian Journal of International Law and was till recently (April 2018) the Editor-in-Chief of the journal Decision (Of¿cial Journal of IIM Calcutta); both journals are published by Springer.
Summary
This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India’s role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India’s drift from its traditional role as an ally and proponent of the third world towards the pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces.
