The State Practice of India and the Development of International Law: Dynamic Interplay between Foreign Policy and Jurisprudence(4 Brill's Asian Law Series)

The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.

Table of Contents:
Foreword Acknowledgments Abbreviations List of National Legislations Table of Cases CHAPTER I INTRODUCTION Introduction State Practice and Customary International Law India’s Search for Making of International Law India’s Attitude to Fundamental Definition of International Law Constitution of India, International Law and State Practice Mapping the Influence of Scholarly and Institutional Debates Selection of topics CHAPTER II HISTORY OF INTERNATIONAL LAW IN PRE-1945 INDIA Introduction Important developments and their influence on evolution and practice of international law Geographical scope of inquiry Basis of international law Disappearance of British common law from international law practice of independent India Sources of international law in pre-1945 India Sources of international law in ancient India and their influence on post-Independence India Concepts of international law International law-making through treaties Administration of justice and international law Private international law State Responsibility Concluding remarks CHAPTER III LAW OF THE SEA Introduction India and the basic issues on the Law of the Sea Indian position and interests and the Law of the Sea Convention of 1982 India’s position on issues of non-significance interest Analysis of domestic maritime laws of India Implementation of the UN Law of the Sea Convention provisions and possible conflicts Enforcement Challenges Climate change and maritime boundary issues Role of the Indian judiciary and the UN Convention on the Law of the Sea Maritime Zone Act, 1981 India at UNCLOS Forums Ratification issue Challenges Concluding remarks CHAPTER IV REFUGEE LAW Introduction Facts and Figures International legal regime on Refugees Legislative and regulatory framework of India Policy and practices by the executive organs Refugee issue and foreign policy of India Role of the Judiciary on International Refugee Law Concluding remarks CHAPTER V HUMAN RIGHTS Introduction Rights of the Marginalised People Economic, Social and Cultural Rights (ESCR) Right to Food Social security Public health Education Right to Habitat Right to transparent and accountable governance Rights of Indigenous People Issues concerning women Economic Rights – a way forward for women empowerment in India Rights of Children Concluding remarks CHAPTER VI INTERNATIONAL ENVIRONMENTAL LAW Introduction Evolution of environmental law in India Right to Healthy Environment India’s contribution to important international environmental law principles: Strict and absolute liability Role of the Indian Judiciary Bhopal Gas Disaster and its Importance for the international environmental law Jurisprudence Absolute Liability Principle Sustainable development Precautionary and Polluter Pays Principle Precautionary Principle Precautionary Principle Replaced the Assimilative Capacity Principle Polluter Pays Principle Concluding remarks CHAPTER VII INTERNATIONAL CLIMATE CHANGE LAWS Introduction Issues and Challenges Implementation of climate regime at domestic level Climate Change Negotiations and India Concluding remarks CHAPTER VIII Laws of Disarmament of the Weapons of Mass Destruction: A Case Study of Chemical Weapons Convention Introduction Overview of the Chemical Weapons Convention Regime on the destruction of chemical weapons and destruction and/or conversion of chemical weapons production facilities Initial declaration on CW programmes Annual Plans, Reports and Detailed Facility Information Declarations with regards to CWPF programme CW Defense Programme of India Challenges to prevent proliferation of chemical weapons Government control and problem of enforcement with the non-proliferation Lacunae in Indian CWC Act International Cooperation and Assistance and the Promotion of peaceful uses of chemistry Administrative, legal, and organizational matters Implementation of international obligations at national level Universality of the CWC and role of India India, Chemical Weapons and International Law India, CWC, and Peace Dividend Concluding remarks CHAPTER IX INDIA AND THE UNITED NATIONS REFORMS (2005-2012) Introduction Linkage between UN Reforms and International Law UN Reforms: Definition and Meaning India’s role and responsibility: Understanding the aspirations of a rising global power India’s proposals in the current reform exercise India & Reform of the Security Council Economic Development Rationale of the Indian position on reforms on economic issues Peacekeeping Operations Peace Building Commission (PBC) Humanitarian intervention and relief Terrorism Administrative and inter-institutional reforms UN Outreach Use of strategies and public relations campaign: A critical appraisal Limitations of India Achievements Indian State Practice and Functioning of Group of 20 Concluding remarks CHAPTER X INTERNATIONAL COURT OF JUSTICE AND INDIA Introduction Indian Position on the Role and Functioning of the Court India as a Party in the Contentious Cases Indian Position on the Legal Rules and Principles in the Contentious Cases Preference for Diplomatic Negotiations ICJ Advisory Proceedings Concluding remarks Indian Declaration of Acceptance of the Compulsory jurisdiction of ICJ: An evolution CHAPTER XI CONCLUSIONS General Distinct Approach of Judiciary and Executive to International Law Post-Independence Practice of India: A Rising Power Approach to International Law Use and Effectiveness of the Proactive versus Reactive Approaches to Ensure Desired Outcomes India will continue to avoid the ICJ as a means of Dispute Settlement Patience and Persistence: Virtues of Statecraft in the UN Reforms Permanent Membership of the Security Council: Success Chances are Stronger than Ever Before Law of the Sea: Reflection of a Growing Hegemonic Power India: Shaping and implementing international law of human rights in its own way and pace International Environmental Law: Tension will continue between the Executive and Judiciary Disarmament: India will continue to Insist for Non-Discriminatory Truly Disarmament Instrument while remaining Ambivalent in Its Practices International Law offers India Benign Tools to Promote National Interest India: Alternating between Idealist and Realist Postures International Law to Help Achieve India – Developed Nation Status by 2020 Status of Multilateral Treaties and India Bibliography Subject Index

About the Author :
Bimal N. Patel, PhD (Leiden), PhD (Jaipur), LLM (Leiden) is Director and Professor of Public International Law at Gujarat National Law University, India. He is the author and editor of works on international courts and tribunals, law of the sea and maritime law, state practice and international law, international organizations and arms control and disarmament.