Workshop Bilateral: O. P. Jindal/University of Delhi – FGV Direito SP

Workshop Bilateral: O. P. Jindal/University of Delhi – FGV Direito SP

A FGV Direito SP convida todas e todos para o primeiro workshop bilateral entre a escola e a O. P. Jindal/University of Delhi , que contará com a presença de professores de ambas as instituições para um debate sobre o direito comparado dos BRICS.

 

Organização:

Prof. Thiago Reis

Prof. André Corrêa

 

Programação:

Segunda-feira, 21 de outubro

09:00 Abertura

Prof. Dr. Thiago Reis

Prof. Dr. André Correa

 

PAINEL 1 | DIREITO DOS CONTRATOS

09:30 – 10:30 - Termination for the breach of a contract in Indian Law

Prof. Dr. Saloni Khanderia, OP Jindal Global University

Under the Indian law, termination for the breach of an agreement is regulated by the Indian Contract Act, 1872 and the Sale of Goods Act, 1930. These legislations do not, however, adopt uniform criteria while stipulating the circumstances in which, the parties may exercise their right to rescind the contract for breach. The convoluted nature of the rules on termination for breach has, consequently, rendered the Indian law of contract unsuitable to govern domestic or transnational agreements. The discussion assesses the plausible means of developing Indian law according to well-defined and internationally accepted standards

10:30-10:45 - Coffee Break

 

PAINEL 2 | RESPONSABILIDADE CIVIL AMBIENTAL

10:45 – 11:45 - The Evolution of Environmental Torts in India post-Bhopal

Prof. Dr. Ronald P. Blue II, OP Jindal Global University

After the Bhopal case, the Indian Government enacted the Environment (Protection) Act of 1986. It is a type of umbrella legislation designed to provide a framework for the Indian Government to coordinate the activities of various central and state authorities, but its stated goals go beyond coordination as it divests some power from the legislature to the executive branch of the Indian Government in order to push for a cleaner India, e.g. the Swachh Bharat campaign. Most recently, Prime Minister Modi has pushed for reform in the area of household waste management through attempts to restrict ‘single-use’ plastics, such as soda bottles, straws and disposable plates.  Modi’s policy is expected to be released to the public on October 2nd. In this presentation, we will be looking at legislation that has increased liability for industrial polluters, such as the Hazardous and Other Wastes Rules of 2016 and the E-Waste Management Rules of 2016.  Additionally, we will examine concepts that have largely pushed for exemplary damages against large-scale polluters, such as the ‘extended producer responsibility’, as well as cases the utilize these new laws, executive campaigns and legal concepts to enact justice for those that have suffered harm, such as the Sterlite Industries case and the ongoing Vardhman Kaushik case.

Recommended reading:

Bhopal Gas Tragedy "Union Carbide v. Union of India"

Vardhman Kaushik

 

Quarta-feira, 23 de outubro

PAINEL 3 | DIREITO DE PROPRIEDADE

09:00 – 10:00 - Changing dynamics of property law with reference to Hindu Women in India

Prof. Dr. Yashita Munjal, University of Delhi

In India, Hindus are a majority in the secular milieu of our multi-ethnic society. Hindu women and daughters have for decades, been deprived of equal rights as against their male counterparts, when joint family property was divided. The law has however, undergone changes in the recent past and the enactment of the Hindu Succession (Amendment) Act, 2005 has pushed to include women as equal partakers in situations when the property had to be divided upon partition. The coparcener rule has undergone changes and it has given rise to many complicated situations which continue to be contested in the Indian courts. The presentation shall attempt to clarify the Indian scenario with respect to Hindu women and their property rights in India.

10:15 – 10:30 - Coffee Break

 

PAINEL 4 | DIREITO DE FAMÍLIA

10:30 – 11:30 - Homosexuality in India – permission without empowerment

Prof. Dr. Diksha Munjal-Shankar, University of Delhi

Homosexuality is new to the modern Indian society but certainly was not to the ancient counterpart. After much activism and legal battles, the LGBTQ community in India witnessed a new dawn with the Supreme Court of India repealing Sec.377 of the Indian Penal Code, 1860 which criminalized homosexuality in 2018. While homosexuality has been de-criminalized per se, the battle is still an ongoing one as persons from the LGBTQ community are unable to give any form of marital certainty to their relationships or rights that emanate from marital ties. The paper aims to explore emerging dimensions and tensions in discussions surrounding family law in India.

Recommended readings:

Navtej Singh Johar v Union of India 2018 (10) SCC

Vikram Kolmannskog, Love in Law – The Indian Supreme Court decides in favour of LGBT persons, Centre on Law and Social Transformation

 

 

Patrocínio:

 

* Informamos aos participantes que o evento poderá ser fotografado e gravado em áudio e/ou vídeo e que os materiais produzidos poderão ser usados pela FGV Direito SP para divulgação institucional

  • 21/10/20199:00 - 12:00
    Auditório (Rua Rocha, 233, 2º subsolo, São Paulo - SP)
    Informações: 11 3799 2226
    INSCRIÇÕES ENCERRADAS

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