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The Asian Yearbook of Human Rights and Humanitarian Law
Volume 4
Series:
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.
The focused theme of Volume 4 is India and Human Rights.
The focused theme of Volume 4 is India and Human Rights.
Contents
Editorial
âJavaid Rehman, Ayesha Shahid and Steve Foster
â1âThe Indian Death Penalty and the âCollective Conscience of Societyâ
âSatvinder Juss
â2âSituating Modern Indian Secularism: A Constitutional Perspective
âTony Meacham
â3âRight to Land as Part of the Right to Culture: An International Law Critique of the Recent Indian Supreme Court Order on the Indiaâs Forest Rights Act
âS. Pandiaraj
â4âDebunking the Validity of Culture-Based Justifications for the Retention of the Marital Rape Exemption in India
âAdrija Ghosh
â5âThe âUnwillingâ and âUnableâ Test in International Law: The Use of Force against Non-State Actors in Pakistan and Afghanistan
âNiaz A. Shah
â6âReconciling Religious Speech with the Duty to Maintain Equality and Diversity: The Decision in Ngole v Sheffield University
âSteve Foster
â7âChildhood Radicalisation and Parental Extremism: How Should Family Law Respond? Insights from A Local Authority v X, Y and Z
âFatima Ahdash
â8âProtection of Adopted Childrenâs Rights to Custody and Maintenance: An Appraisal of the Law Governing Muslims in Malaysia
âAzizah Mohd and Nadhilah A. Kadir
â9âThe Extent of the Right to Freedom of Speech and Expression for the Parliamentary Immunity and Privilege
âMuthanna Saari and Wan Noorzaleha Wan Hasan
â10âIndigenous People in South Asia: Issues of Identity and Protection of Cultural Rights in a Changing World
âDevashree Tulankar
â11âThe Importance of Customary International Law for the Resurrection and Enforcement of the Norms
âBushra Malik and Syed Raza Shah Gilani
â12âThe War on Terror on the Silk Road: Changing Discourses
âMatthias Vanhullebusch
â13âProtection of the Right to Freedom of Religion or Belief in Pakistan
âZia Ullah Ranjah
â14âInstitutionalised Islamophobia: The Rise of European Nationalism against Freedom of Religion for Muslims
âSaira Khan
â15âBahrainâs Pioneering Role in the Protection of the Rights of Temporary Workers in the Gulf Region
âAhmed Almutawa and Khalid Aldweri
â16âThe Laws against Acid Violence in Bangladesh: Gaps in Implementation
âTaslima Yasmin
Agreement on the Establishment of South Asian Regional Standards Organisation (SARSO)
Charter of the SAARC Development Fund (SDF)
Protocol of Accession of Islamic Republic of Afghanistan to Agreement on South Asian Free Trade Area (SAFTA)
SAARC Convention on Mutual Assistance in Criminal Matters
Agreement for Establishment of South Asian University
SAARC Limited Multilateral Agreement on Avoidance of Double Taxation and Mutual Administrative Assistance in Tax Matters
Agreement for Establishment of SAARC Arbitration Council
SAARC Agreement on Mutual Administrative Assistance in Customs Matters
Agreement on South Asian Free Trade Area (SAFTA)
SAARC Convention on Narcotic Drugs and Psychotropic Substances
Headquarters Agreement Between His Majestyâs Government of Nepal and the Secretariat of the South Asian Association for Regional Cooperation (SAARC)
Summaries of Proceedings of Human Rights Monitoring Bodies (Covering the Period August 2018âSeptember 2019)
Five Women, Five Books and Pakistan
ââAmber Darr
Editorial
âJavaid Rehman, Ayesha Shahid and Steve Foster
Part 1: Focused Theme: India and Human Rights
â1âThe Indian Death Penalty and the âCollective Conscience of Societyâ
âSatvinder Juss
â2âSituating Modern Indian Secularism: A Constitutional Perspective
âTony Meacham
â3âRight to Land as Part of the Right to Culture: An International Law Critique of the Recent Indian Supreme Court Order on the Indiaâs Forest Rights Act
âS. Pandiaraj
â4âDebunking the Validity of Culture-Based Justifications for the Retention of the Marital Rape Exemption in India
âAdrija Ghosh
Part 2: General Articles
â5âThe âUnwillingâ and âUnableâ Test in International Law: The Use of Force against Non-State Actors in Pakistan and Afghanistan
âNiaz A. Shah
â6âReconciling Religious Speech with the Duty to Maintain Equality and Diversity: The Decision in Ngole v Sheffield University
âSteve Foster
â7âChildhood Radicalisation and Parental Extremism: How Should Family Law Respond? Insights from A Local Authority v X, Y and Z
âFatima Ahdash
â8âProtection of Adopted Childrenâs Rights to Custody and Maintenance: An Appraisal of the Law Governing Muslims in Malaysia
âAzizah Mohd and Nadhilah A. Kadir
â9âThe Extent of the Right to Freedom of Speech and Expression for the Parliamentary Immunity and Privilege
âMuthanna Saari and Wan Noorzaleha Wan Hasan
â10âIndigenous People in South Asia: Issues of Identity and Protection of Cultural Rights in a Changing World
âDevashree Tulankar
â11âThe Importance of Customary International Law for the Resurrection and Enforcement of the Norms
âBushra Malik and Syed Raza Shah Gilani
Part 3: Recent Developments and State Practice
â12âThe War on Terror on the Silk Road: Changing Discourses
âMatthias Vanhullebusch
â13âProtection of the Right to Freedom of Religion or Belief in Pakistan
âZia Ullah Ranjah
â14âInstitutionalised Islamophobia: The Rise of European Nationalism against Freedom of Religion for Muslims
âSaira Khan
â15âBahrainâs Pioneering Role in the Protection of the Rights of Temporary Workers in the Gulf Region
âAhmed Almutawa and Khalid Aldweri
â16âThe Laws against Acid Violence in Bangladesh: Gaps in Implementation
âTaslima Yasmin
Part 4: Documents
Agreement on the Establishment of South Asian Regional Standards Organisation (SARSO)
Charter of the SAARC Development Fund (SDF)
Protocol of Accession of Islamic Republic of Afghanistan to Agreement on South Asian Free Trade Area (SAFTA)
SAARC Convention on Mutual Assistance in Criminal Matters
Agreement for Establishment of South Asian University
SAARC Limited Multilateral Agreement on Avoidance of Double Taxation and Mutual Administrative Assistance in Tax Matters
Agreement for Establishment of SAARC Arbitration Council
SAARC Agreement on Mutual Administrative Assistance in Customs Matters
Agreement on South Asian Free Trade Area (SAFTA)
SAARC Convention on Narcotic Drugs and Psychotropic Substances
Headquarters Agreement Between His Majestyâs Government of Nepal and the Secretariat of the South Asian Association for Regional Cooperation (SAARC)
Summaries of Proceedings of Human Rights Monitoring Bodies (Covering the Period August 2018âSeptember 2019)
Part 5: Book Reviews
Five Women, Five Books and Pakistan
ââAmber Darr