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Description
This publication is essentially a collection of select essays on Private International Law.
This book is not an exhaustive treatise or even a critical review of all the aspects of Private
International Law. These essays project certain perspectives of the subject. The book
comprises of three parts.
Part I covers the contributions generally concerning the role of judiciary and State immunity
in jurisidictional matters. Rt. Hon. Justice Thorpe, Head of International Family Law,
Court of Appeal, U.K. makes the point with a challenge to the judges to dare shed their national
constraints and don the robes of international law givers. The benefits of judicial activism are
proven and required no trumpeting in India which has witnessed remarkable achievements,
opined Justice Thrope in his essay.
Part II concerns specifically with family law issues viz., marriage, divorce and children
(custody and adoption). The contributions in this part bring out more importantly the Indian
position through highest judicial pronouncements among State practices of other countries.
Part III stresses on conflicts aspects of economic regulation and law of obligations (contracts
and torts) on the one hand and International Commercial Arbitration in India and Bangladesh
on the other. Mehmood Bagheri investigates the implications of contracts and torts in Private
International Law in the context of national regulatory laws.
This is the first ever book on Private International Law being published under the auspices of the
Indian Society of International Law.
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Contents
Part - I
• The case for Judicial Activism
• Unification of Private International Law with Special Reference to Matrimonial Causes
• Foreign Sovereign Immunity under the U.N. Convention:
Certain matters of Jurisidictional Importance
Part - II
• Marriage and matrimonial causes in private International Law - Indian Perspective
• Issues in African Family Law : The Nigerian perspective
• Conflicts of jurisidiction in making custody order for cross-border children:
Search for a uniform Rule
• Conflicts of jurisidiction in inter-parental child custody disputes- The Indian Experience
• Inter - country adoption : Law and policy in India
• Towards a better approach for inter - country adoption
• Inter-Country adoption: Border Control measures and interface with Private International
Law-An Indian perspective
• Children : Inter - Country adoption in India
Part - III
• Conflict of Laws, Economic Regulations and Corrective/Distributive Justice
• Enforcement of Foreign Arbitral Awards Related to commercial disputes in
Bangaladesh : A brief overview
• International Commercial Arbitration - Vital Issues
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Author Details
Professor Lakshmi Jambholkar taught in the Faculty of Law, University of Delhi for 30 years.
She is an expert in the field of Private International Law, having her Masters in Law from the
University of Madras.
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