( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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WEST ASIA, CHINA AND INDIA IN THE MAKING OF INTERNATIONAL LAW

    1 Author(s):  DR GHULAM YAZDANI

Vol -  8, Issue- 11 ,         Page(s) : 236 - 246  (2017 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

The European understanding of the birth of modern International Law is argued to be the result of the Treaty of Westphalia amongst the European nations in 1648. The most significant contribution of this treaty has been the concept of ‘sovereign equality of the states’ which became the basis for the development of modern International Law. However, this understanding, which negates the non-European states in the development of International law, is highly contested among the third world scholars. The pioneer challenge to this understanding comes from the third world International Scholars especially coming from the Arab world, China and India. The scholars from this part of the world, sharing a common, if not similar, experience of colonization and utter undermining of their contribution, highlight the biases inherent in the mainstream understanding in the development of International Law. The participation of these nations challenges the narrative, component and the substance of International legal order towards making the International relation more dynamic and integrated through International Law. This paper provides the historical contribution of international law scholarship coming from the Arab World, China and India towards the creation of a international legal order.

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  6.   The League of Nation primarily upheld the westphelian principles: (i) resort to war was prohibited (except for a limited number of cases); (ii) when nevertheless admissible, recourse to war was subjected to a cooling-off period of three months; and (iii) if a dispute was submitted to the League Council, to the Permanent Court of International Justice, or to an arbitral tribunal, war could only be resorted to three months after the decision of one of these bodies. The system was flawed in many respects: first, there was no prohibition on use of force; second, war was not banned de toto, but only subjected to a cooling-off period; third, no collective system proper was set up for enforcing the law against a State breaking the prohibitions laid down in the Covenant. The system was too unrealistic to prove successful. It is no surprise that it failed in a matter of a few years.
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