Indian perspective on the international rule of law: through the lens of international agreements on free trade

Sen, Rohini (2013) Indian perspective on the international rule of law: through the lens of international agreements on free trade. Belgian Review of International Law, 2013 (2). pp. 382-403. ISSN 25661906

[thumbnail of THE INDIAN PERSPECTIVE ON.pdf]
Preview
Text
THE INDIAN PERSPECTIVE ON.pdf - Published Version

Download (1MB) | Preview

Abstract

The Constitution of India recognizes the doctrine of rule of law as a central and characteristic feature of the Indian legal system. Through various judicial decisions juxtaposed with liberalization measures, attempts have been made to cull out the relevance, impact and relationship of this doctrine to the Constitutional framework in India. This process has inevitably given rise to questions that ponder if rule of law is measured by consequentialist ethics or in the abstractum of statutory based deontological ethics. The amorphous nature of the Indian Constitution has attracted praise and in equal measures the progressive liberalization context. This paper identifies and interprets the possible application of rule of raw concepts to international agreements, with specific focus on free trade and economic development. With increased liberalization and in furtherance of efficient enforcement, it recognizes the law creating capacities of civil societies and their ability to contribute to rule of law from a multi-stakeholder/actor perspective. Through a suggested shared governance model, it will be interesting to see how India reconciles its Constitutional practices and obligations to economic expansion in the form of "structural coupling" of key players.

Item Type: Article
Keywords: Rule of Law | Constitutional Framework | India | Indian Constitution
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 14 Apr 2022 07:33
Last Modified: 14 Apr 2022 07:33
Official URL: http://rbdi.bruylant.be/public/index.php?module_id...
URI: https://pure.jgu.edu.in/id/eprint/2361

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item