Indian courts and international law (V.G. Hegde)

Author

V.G. Hegde

Keywords

Environment; Globalisation; Human rights; India; International environmental law; International law; International trade; Legal history

Abstract

Examines how international law has been interpreted and applied by the Indian courts, with particular reference to the jurisprudence of the Supreme Court. Identifies three phases in the courts’ engagement with international law: (1) 1947-1970, when complex territorial and boundary issues arising from the partition of the Indian subcontinent within the framework of the Constitution of India were resolved; (2) the 1970s to the 1990s, when socio-economic turmoil resulted in human rights and environmental law issues; and (3) the rapid economic development from the 1990s onwards, requiring consideration of the legal aspects of globalisation.

Citation

(2010) 23(1) Leiden Journal of International Law 53-77

Paper

Indian courts and international law