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Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik
Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik
Articles
Water being a scarce resource, questions of its allocation and distribution, coupled with concerns of its depletion have troubled policy makers, legislators, and judges alike. While, over the years there has been significant development on the discussion surrounding the rights-duty paradigm of water resources, by establishing the obligation of states, discussion surrounding a certain value-based approach to guide the minds of important stakeholders in creating and enforcing policy has gained far less traction comparatively. It is in this context that this paper explores an alternative justice-based approach to water, drawing from the works of Amartya Sen on capabilities and more …
International Rule Of Law And Domestic Courts: A Few Concerns, Akhila Basalalli
International Rule Of Law And Domestic Courts: A Few Concerns, Akhila Basalalli
Articles
The manifestation of the international rule of law appears as one of the possible paths to check the rule of power and establish an egalitarian system. Many international organizations have emphasized on the international rule of law in their objectives and mandates and have called the states to act in their service. The domestic courts have resonated with the call by exhibiting internationalism in their decisions. The international norms have been domesticated by the courts by adopting several incorporation and interpretation methods. The domestic courts, therefore, have been called as the ‘agents’ in the service of international law and protectors …
Debating The Interface Between International Law And Municipal Law: A Few Concerns Regarding The Relevance Of The Traditional Debate, Primary Of Law And Integration Of The Legal Systems, Akhila Basalalli
Articles
The interface between international and municipal legal systems has moved from segregation towards convergence and integration. The changing contours of sovereignty are evident by the blurring divide between the two legal systems. This process is manifested by relaxing the requisite of transformation of treaties and elevating status of customary norms to ‘law of the land’. The Indian Courts too have emanated a varied set of judicial techniques. Considering contemporary developments, the paper examines the relevance of the monist-dualist debate, questions the primacy of law in the event of conflict and pursues the trending integration.