The Asian Yearbook of Human Rights and Humanitarian Law

Volume 4


Volume Editors: , , and
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.

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Javaid Rehman, Ayesha Shahid and Steve Foster

Part 1: Focused Theme: India and Human Rights

 1 The Indian Death Penalty and the ‘Collective Conscience of Society’
Satvinder Juss
 2 Situating Modern Indian Secularism: A Constitutional Perspective
Tony Meacham
 3 Right to Land as Part of the Right to Culture: An International Law Critique of the Recent Indian Supreme Court Order on the India’s Forest Rights Act
S. Pandiaraj
 4 Debunking the Validity of Culture-Based Justifications for the Retention of the Marital Rape Exemption in India
Adrija Ghosh

Part 2: General Articles

 5 The ‘Unwilling’ and ‘Unable’ Test in International Law: The Use of Force against Non-State Actors in Pakistan and Afghanistan
Niaz A. Shah
 6 Reconciling Religious Speech with the Duty to Maintain Equality and Diversity: The Decision in Ngole v Sheffield University
Steve Foster
 7 Childhood Radicalisation and Parental Extremism: How Should Family Law Respond? Insights from A Local Authority v X, Y and Z
Fatima Ahdash
 8 Protection of Adopted Children’s Rights to Custody and Maintenance: An Appraisal of the Law Governing Muslims in Malaysia
Azizah Mohd and Nadhilah A. Kadir
 9 The Extent of the Right to Freedom of Speech and Expression for the Parliamentary Immunity and Privilege
Muthanna Saari and Wan Noorzaleha Wan Hasan
 10 Indigenous People in South Asia: Issues of Identity and Protection of Cultural Rights in a Changing World
Devashree Tulankar
 11 The Importance of Customary International Law for the Resurrection and Enforcement of the Norms
Bushra Malik and Syed Raza Shah Gilani

Part 3: Recent Developments and State Practice

 12 The War on Terror on the Silk Road: Changing Discourses
Matthias Vanhullebusch
 13 Protection of the Right to Freedom of Religion or Belief in Pakistan
Zia Ullah Ranjah
 14 Institutionalised Islamophobia: The Rise of European Nationalism against Freedom of Religion for Muslims
Saira Khan
 15 Bahrain’s Pioneering Role in the Protection of the Rights of Temporary Workers in the Gulf Region
Ahmed Almutawa and Khalid Aldweri
 16 The Laws against Acid Violence in Bangladesh: Gaps in Implementation
Taslima 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 Majesty’s 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 2018–September 2019)

Part 5: Book Reviews

Five Women, Five Books and Pakistan
 Amber Darr
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