Although 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.

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nexusstc/Studies in International Law and History/953a9e734261cd1f2ab810d8d1691452.pdf

scihub/10.1007/978-94-017-5600-6.pdf

zlib/Jurisprudence & Law/R. P. Anand (auth.)/Studies in International Law and History: An Asian Perspective_2313500.pdf

Ram Prakash Anand

Anand, R.P.

Springer Science + Business Media BV

Martinus Nijhoff Publishers

Springer London, Limited

Koninklijke Brill N.V.

Brill | Nijhoff

Developments in international law ;, v. 49, Leiden, Boston, Netherlands, 2004

Developments in international law, vol. 49, Leiden, 2004

Developments in International Law Ser, Dordrecht, 2013

Softcover reprint of the original 1st ed. 2004, 2004

Brill Academic Publishers, Leiden, 2004

Netherlands, Netherlands

Dordrecht, 2004

lg1144791

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Includes bibliographical references and index.

International law now theoretically makes no distinction between large and small state, and encloses in its fold a new entity as soon as it emerges as an independent state, says Anand (emeritus, international legal studies, Jawaharlal Nehru U., New Delhi), but before the United Nations, modern international law was supposed to be merely a product of the Western European Christian states or states of European origin, and applicable only between them. He delves into such questions as when European international law become universally binding, whether states that had no role in its origin can question some of its rules, how can it be changed without any supra-national authority, and whether it is in fact transforming from a European construction into a common law of all nations. Martinus-Nijhoff is an imprint of Brill. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com)

Front Matter....Pages i-xiv
Jawaharlal Nehru and International Law and Relations....Pages 1-23
Family of “Civilized” States and Japan: A Story of Humiliation, Assimilation, Defiance and Confrontation....Pages 24-102
The Status of Tibet in International Law....Pages 103-141
Enhancing the Acceptability of Compulsory Procedures of International Dispute Settlement....Pages 142-158
The World Court on Trial....Pages 159-179
Common Heritage of Mankind: Mutilation of an Ideal....Pages 180-196
Navigation through Territorial Sea and Straits—Revisited....Pages 197-224
South Asia and the Law of the Sea: Problems and Prospects....Pages 225-243
A New International Economic Order for Sustainable Development?....Pages 244-273
Back Matter....Pages 275-287

Deals with such questions as: 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? And, how can and does this law change in the absence of any supra-national legislature?

2014-01-18