Studies in International Law and History: An Asian PerspectiveAlthough modern international law is now recognized as universally applicable to all the states as soon as they emerge as independent entities (whether members of the United Nations or not, they are accepted as members of the ever-expanding international society, and are bound by its rules and seek its protection), this is only a recent phenomenon not older than the United Nations itself. Before the Second World War, modern international law was supposed to be merely a law of and for the civilized Western European Christian states, or states of European origin, and applicable only between them. Not only Asian and African states which had come to be colonized, but also the position of independent states, such as Persia, Siam, China, Abyssinia, and the like, was said to be anomalous. Since they belonged to different civilizations, questions were raised as to how far relations with their governments could be based on the rules of international law. If that is the case, when did European international law become universally binding? Can states, which did not, and could not, participate in its origin and development question some of its rules, which are inimical to their interests? How can and does this law change, or be modified, in the absence of any supra-national legislature or other authority? What has been the attitude and practice of these newly independent Asian and African states towards international law, which was largely developed by and for the benefit of the rich and industrialized states of Western Europe and the United States, and even more importantly, their role in its development? The author, an Asian scholar and well-known Professor of International Law, trained and educated in the West, has sought to deal with these and other questions in the nine papers contained in this book. |
Contents
A Story | 24 |
The Status of Tibet in International Law | 103 |
Enhancing the Acceptability of Compulsory Procedures | 142 |
Copyright | |
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Common terms and phrases
accepted agreement American Asian Assembly authority Bangladesh baselines Britain British century China civilized claim coastal colonial Commission compulsory jurisdiction Conference Constitution continental shelf Court of Justice Dalai Lama declared deep seabed delegates Delhi developing countries disputes East economic Emperor environment established Europe European exploitation force foreign freedom Gopal Government of Tibet high seas ibid ICJ Reports independent India industrial innocent passage interests International Court international law International Law Commission island Japan judges judicial Korea Lhasa Manchuria Maritime Boundaries military navigation negotiations Nehru Nicaragua note 19 optional clause Pakistan Palk Bay passage of warships peace political principles problems provisions quoted R.P. Anand recognized regime relations right of innocent rules Russia sea-bed ships Shogun sovereign sovereignty Soviet Union Sri Lanka straits territorial sea territorial waters Tibet Tibetan trade transit passage treaty UNCLOS unequal treaties United Nations Western Powers World Court zone