© A.V. Shenoy, R.P. Vyas and R. Murarka, 2020 | doi:10.1163/9789004437784_017
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State Practice of Asian Countries in
International Law
Nepal
Amritha V. Shenoy*, Ravi Prakash Vyas** and Rachit Murarka***
Air Law – Convention for the Unification of Certain
Rules for International Carriage by Air (Montreal
Convention), 1999
Nepal acceded to the Convention on 16 October 2018. The Convention
amended the Warsaw Convention. It also consolidates the Warsaw conven-
tion and related treaties dealing with civil aviation. The convention applies
to international carriage of passengers, baggage and cargo. Article 17 of the
Convention provides for the liabilities of the international carriage. Article 21
makes provisions for “compensation in case of death or injury of passengers.”
The compensation provided is mentioned in Special Drawing Rights that is
described in Article 23.
Criminal Law – Crime Victim Protection Act, 2018
Article 21 of the Constitution of Nepal, 2015 provides the right of victims to
justice. Right to victims is elucidated in the UN Declaration of Basic Principles
of Justice for Victims of Crimes and Abuse of Power and under Article 25 of
the United Nations Convention against Transnational Organised Crime. In
this regard, the Act is a comprehensive one that provides various rights to
crime victims like the right to fair treatment under Section 4, right against dis-
crimination according to Section 5, right to privacy under Section 6, right to
information relating to investigation under Section 7 and other rights for crime
victims.
* Assistant Professor, Kathmandu School of Law, Bhaktapur, Nepal.
** Assistant Professor, Kathmandu School of Law, Bhaktapur, Nepal.
*** Assistant Professor, Kathmandu School of Law, Bhaktapur, Nepal.
We acknowledge our research assistant, Rasmi Regmi, for assisting us to come up with
this comprehensive piece on Nepal’s State practice.
Amritha V. Shenoy, Ravi Prakash Vyas, and Rachit Murarka - 9789004437784
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