Suchergebnisse

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations.

Acknowledgements -- List of Abbreviations -- Table of Cases Table of Conventions -- Foreword 1 - Professor Neels Foreword 2 - Professor Dutta -- Part I: General Principles -- 1. Introduction -- 2. Basic Concepts and Status of Private International Law in India I. Introduction II. Overview of Indian Legal Framework III. Conceptual Foundations of Private International Law IV. Genesis of Private International Law in India V. Operationalisation of Private International Law; Classic Concepts VI. Conclusion -- 3. Domicile, Nationality and Residence -- I. Introduction II. Domicile III. Nationality and Residence -- IV. Ascertaining the 'Domicile' under the Indian Private International Law Rules V. Conclusion -- 4. Proving, Pleading, and Excluding the Foreign Laws I. Introduction II. Substantive and Procedural Laws III. Pleading Foreign Law IV. Exclusion of Foreign Law V. The Overriding Mandatory Norms and the Public Policy ( Ordre Public ) of India VI. Conclusion -- Part II: Jurisdiction 5. Jurisdiction: Which Court Will Adjudicate the Matter? I. Introduction II. Persons Who May File a Suit Before an Indian Court III. Jurisdiction in personam IV. Jurisdiction in Actions in rem V. Reflections on Indian Law: Some Insights Based on Global Trends VI. Conclusion -- Part III: Family Law -- 6. Private International Practice in Marriage -- I. Introduction II. Indian Legislative Framework on Marriage and Religious Base III. Same-Sex Marriage: Legal Analysis of Private International Law Principles IV. Hague Conference on Private International Law and Matrimonial Conventions V. Conclusion -- 7. Private International Practice in Divorce and Related Matters I. Introduction II. Conflict of Laws Issues in Divorce III. Recognition of Foreign Divorce in India IV. Ancillary Financial Orders and Nullity of Marriage -- V. Annulment and Nullity of Marriages -- VI. Conclusion -- 8. Private International Law Practice and Children: Issues of Custody and Abduction -- I. Introduction II. Child Jurisprudence: Interplay of Public and Private International Law.