Download or read book Comparative Law and Nepalese Legal System written by Laxmi Prasad Kharel and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Nepalese Legal System written by Rewati Raj Tripathee and published by . This book was released on 2008 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Download or read book Nepalese Legal System written by Rewati Raj Tripathee and published by . This book was released on 2011 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Companion to Comparative Law written by Mauro Bussani and published by Cambridge University Press. This book was released on 2012-08-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
Download or read book Comparing Law written by Catherine Valcke and published by Cambridge University Press. This book was released on 2018-10-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.
Download or read book Nepalese Legal System written by Yubaraj Sangroula and published by . This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.
Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Download or read book Comparative Law and Anthropology written by James A.R. Nafziger and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 1084 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Download or read book International Crime and Justice written by Mangai Natarajan and published by Cambridge University Press. This book was released on 2010-11-15 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: International crime and justice is an emerging field that covers international and transnational crimes that have not been the focus of mainstream criminology or criminal justice. This book examines the field from a global perspective. It provides an introduction to the nature of international and transnational crimes and the theoretical perspectives that assist in understanding the relationship between social change and the waxing and waning of the crime opportunities resulting from globalization, migration, and culture conflicts. Written by a team of world experts, it examines the central role of victim rights in the development of legal frameworks for the prevention and control of transnational and international crimes. It also discusses the challenges to delivering justice and obtaining international cooperation in efforts to deter, detect, and respond to these crimes.
Download or read book Trademark Under the Nepalese Legal System written by Ramesh Karky and published by . This book was released on 2015 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines Nepalese trademark legal regime and conducts comparative study with TRIPS Agreement.
Download or read book A Textbook on Nepalese Legal System written by and published by . This book was released on 2018 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practice and Theory in Comparative Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2012-07-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.
Download or read book Judicial Activism and the Use of International Law as Gap Filler in Domestic Law written by Rishikesh Wagle and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of writing, Nepal faces many complex challenges for the consolidation of the rule of law that was brought to its lowest ebb during the conflict, and for the establishment of a stable democratic regime. For this purpose, among other things, it is necessary to deal with the human rights violations committed during the armed conflict. Even after the end of the conflict, the failure of the Nepalese State system to prevent or end the culture of impunity perpetuated during the armed conflict has not been ameliorated, nor have the provisions of the CPA relating to the post-conflict justice measures aimed at remedying past abuses been implemented. Among the reasons for the difficulty facing the domestic legal system in dealing with past human rights abuses may be the absence of a strong legal framework and the role for the principle of legality in dealing with past cases (prohibition of retroactive application of the law). International experience shows that international law may in such a situation provide a workable foundation for bridging a gap in the law. Nepalese practice also follows this line. To fill a clear gap in the domestic law's ability to deal with past cases of forced disappearance, the Supreme Court of Nepal in June 2007 handed down a ground-breaking judgment in which it invoked the Disappearance Convention to deal with past cases of forced disappearances. This judicial activism paved the way for the transmission of international law to the domestic sphere as a means for dealing with past abuses of human rights. This chapter examines the role of the Supreme Court of Nepal in adopting the international rule of law value in post conflict situations by breaking with its previous cautious approach toward the internalization of international law. The Dhakal Case decided by the Supreme Court of Nepal against this backdrop introduced various international justice norms into the Nepalese legal system. Its main contributions are: recognition of the right to know the whereabouts of a disappeared person as an integral part of the right to a judicial remedy; recognition of the right to compensation to the family of the disappeared person; and ordering the government to initiate legal action against the perpetrators of past human rights violations and providing an adequate legal framework for addressing the issue of enforced disappearances of persons on the basis of the Disappearance Convention. The Dhakal judgment has contributed to the internalization of international law norms in dealing with past human rights violations by interpreting domestic constitutional provisions and drawing on the persuasive force of the principles laid down in the judgments of the regional human rights courts and the Indian Supreme Court. However, the case did not settle the deficiencies prevailing in current judicial practice in respect of the status of international treaty norms in the Nepalese legal system. Moreover, to some extent, the case created a further problem in respect of determining an obligation of the State arising under a treaty. The court's emphasis on internalizing the provisions of the Disappearance Convention blurred the distinction between obligations arising out of a treaty to which the State is a party and to which it is not. Despite those problems, however, the general acceptance of this judgment by different stakeholders has paved the way for internalization of international norms in dealing with past human rights violations, despite the lack of a principled and coherent judicial practice to internalize international legal norms in the Nepalese legal system. Section 2 of this chapter offers a brief explanation of the place of international law in the Nepalese legal system to provide context for Nepalese practice in this area. Section 3 sets out the background of the Dhakal case, followed by a critical analysis of the judgment and an evaluation of the role played by the several actors in the lead-up to the judgment. It also examines the way the judiciary asserted judicial power pursuant to the Constitution to fulfill obligations under international human rights law in case of failure of the Executive, and provided remedies to the victims of forced disappearance by invoking innovative investigative mechanisms. The chapter concludes with an evaluation of the judgment's contributions to domesticating the international rule of law and dealing with past human rights abuses in Nepal.
