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Title: Indian perspective on the international rule of law: through the lens of international agreements on free trade
Authors: Sen, Rohini
Keywords: Constitution of India
Indian legal system
Issue Date: 31-Dec-2013
Publisher: Groupe Larcier
Citation: Sen, Rohini. (2013). Indian perspective on the international rule of law: through the lens of international agreements on free trade. Belgian Journal of International Law, No.2: 382-403
Abstract: The Constitution of India recognises the doctrine of rule of law as a central and characteristic feature of the Indian legal system. Through various judicial decisions juxtaposed with liberalisation 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 liberalisation 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 liberalisation and in furtherance of efficient enforcement, it recognises 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.
Appears in Collections:JGU Research Publications

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