An Asian Perspective

300 Pages·2004·0.77 MB·English

STUDIES IN INTERNATIONAL LAW AND HISTORY
AN ASIAN PERSPECTIVE
Developments in International Law
VOLUME 49
Preface iii
R.P. ANAND
Studies in International Law
and History
An Asian Perspective
MARTINUS NIJHOFF PUBLISHERS
LEIDEN – BOSTON
A C.I.P. Catalogue record for this book is available from the Library of Congress.
Printed on acid-free paper.
ISBN 90-04-13859-5
© 2004 R.P. Anand
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To
My Students
For
Their Love and Affection
R.P. Anand
Professor Emeritus at present in the Division of International Legal Studies
of the Jawaharlal Nehru University in New Delhi, India, Professor Anand
retired from the University in 1998 after serving there for nearly 33 years as
Professor and Head of that Division. Anand is a well-known scholar in the
field of International Law and widely recognized as a spokesman of the
Third World views on the subject. Member of the prestigious Instiut de
Droit International, Professor Anand has been recipient of a number of
awards and honours in the field, Visiting Professor or Scholar in several
universities and institutes of higher learning in the United States and Europe,
Lecturer at the Hague Academy of International Law, U.G.C. National
Lecturer in Law in India, and has served as Legal Consultant to the UN
Secretary-General on Law of the Sea. Author or Editor of 18 books,
Professor Anand has published more than one hundred articles in professional
journals in Canada, Europe, India, Japan, and the United States.
By the Same Author
BOOKS
New Law of the Sea: Emergent Norms and Institutions, Lectures delivered
at the Institute of International Public Law and International relations, Aristotle
University, Thessaloniki, Greece 1996;
The United Nations and the Gulf Crisis (Published under the auspices of the
International Legal Studies Division of the Jawaharlal Nehru University)
(New Delhi, 1994);
South Asia: In Search of a Regional Identity (Banyan Publications, New
Delhi, 1991).
Confrontation or Co-operation: International Law and the Developing
Countries (Banyan Publications, New Delhi; Martinus Nijhoff. The Hague,
1987), pp. 267.
Sovereign Equality of States in International Law, Lectures at the Hague
Academy of International Law (Extract from Recueil des Cours, vol. 197,
1986-III 9 Martinus Nijhoff, The Hague, 1986.
Origin and Development of the Law of the Sea: History of International
Law Revisited (Martinus Nijhoff, The Hague, 1983), pp. 287.
International Courts and Contemporary Conflicts (Published under the
auspices of the Indian School of International Studies) (Asia Publishing
House, New York, London, Bombay 1974), pp. 479.
New States and International Law, Lectures delivered under the University
Grants Commission’s National Lecturership scheme) (Vikas Publications,
Delhi, 1972), pp. 119.
Studies in International Adjudication (Vikas Publications, Delhi: Oceana
Publications, Dobbs Ferry, N.Y. 1969), pp. 298.
Compulsory Jurisdiction of the International Court of Justice (Published
under the auspices of the Indian School of International Studies) (Asia
Publishing House, New York, London, Bombay, 1961) pp. 342.
Salient Documents in International Law (Editor), (New Delhi, 1994).
Recent Developments in Civil Aviation in India (Co-editor) (Lacers Books,
New Delhi, 1987).
viii By the Same Author
Law, Science and Environment (Co-editor) (Lancers Books, New Delhi,
1987).
ASEAN; Identity, Development and Change (Co-editor) (Published under
the auspices of the University of Philippines Law Center and East-West
Center Culture Learning Institute, Honolulu, Hawaii) (Quezon City, 1981),
pp. 411.
Cultural factors in International Relations (Editor) (Published under the
auspices of the East-West Center Culture Learning Institute, Honolulu,
Hawaii) (Abhinav Publications, New Delhi, 1981), pp. 291.
Law of the Sea: Caracas and Beyond (Editor) (Radiant Publishers, New
Delhi, 1978), pp. 380.
Asian States and the Development of a Universal International Law (Editor)
(Vikas Publications, New Delhi, 1972), pp. 245.
Contents
Preface xi
1. Jawaharlal Nehru and International Law and Relations 1
2. Family of “Civilized” States and Japan: A Story of
Humiliation, Assimilation, Defiance and Confrontation 24
3. The Status of Tibet in International Law 103
4. Enhancing the Acceptability of Compulsory Procedures
of International Dispute Settlement 142
5. The World Court on Trial 159
6. Common Heritage of Mankind: Mutilation of an Ideal 180
7. Navigation through Territorial Sea and Straits—Revisited 197
8. South Asia and the Law of the Sea: Problems and Prospects 225
9. A New International Economic Order for Sustainable
Development? 244
Index 275