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.

Autorentext

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 serveson the editorial board of various journals, including the Journal of Law and Conflict Resolution.

Inhalt

South Asian Legal Systems and Families in Foreign Courts: The British case.- Choice of Law in International Commercial Arbitration.- The Hague Convention on Choice of Court Agreements - Should the European Union's footsteps be Followed?.- Conflict of Laws - State Practice in Afghanistan.- Conflict of Laws - State Practice in Nepal.- Conflict of Laws - State Practice of Bangladesh.- Cross-border divorce regime in Bangladesh.- Foreign judgments in Matrimonial disputes - Recognition in Nepal and Public Policy Considerations.- Recognition and Enforcement of Foreign Judgments in Pakistan - Public Policy Considerations.- Cross-Border Surrogacy: Indian State Practice.- Inter-Country Child Abduction - India's Legal response.- Inter-Country Child Abduction - Pakistan's Legal response.- Inter-Country Child Abduction - Sri Lankan Legal Response.- Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Bangladesh Perspective.- Enforcement ofForeign Arbitral Awards in Bangladesh.- Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: An Indian Perspective.- Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Pakistan Perspective.- Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Sri Lankan Perspective.- Private International Law Issues in Intellectual Property Cases in India.