Peaceful resolution of international boundary disputes: drawing lessons from the Indian experiences
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Peaceful resolution of international boundary disputes: drawing lessons from the Indian experiences P. Ishwara Bhat
The Indian Society of International Law 2020
Abstract In order that international boundaries shall be stable, peaceful and fair, the substantial principle of boundary jurisprudence should traverse holistic path addressing multiple factors. The rule of uti possidetis juris has a colonial basis and purpose, and is not a norm of invariable application despite its initial insights. Treaty allows holistic consideration but depends upon consensus of parties. Third World approach aims at justness of boundary from the perspective of equity, human rights and welfare, and favours wider consultation of interests. The Indian experience on international boundaries reflects a mosaic of fair principles of dispute resolution and experiments with third worldism anchoring on peace and stability. It is a beacon light for larger application in and outside the Indian sub-continent. Keywords Boundary Uti posseditis Agreement Settlement Stability
The author is grateful to the suggestions made by the unknown referees, whose compliance has added value to the exposition. P. Ishwara Bhat (&) Vice Chancellor, Karnataka State Law University, Hubballi, Karnataka, India e-mail: [email protected]
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P. I. Bhat
1 Introduction Stable boundaries greatly contribute towards good neighbourly relations, security and peace.1 They are the geographical markers of national identities, expressions of territorial sovereignty2 and the basis for recognition of rights and obligations of inhabitants. But historical wrongs in delineation of national boundaries, continuing prejudices and acquisitive rivalries have challenged the task of keeping both the boundaries and relations in good health. History of Asia has not been peaceful especially in the light of territorial disputes emerging since the birth of States themselves. With more than fifty territorial disputes involving almost all the Asian States,3 Asia stands as a serious threat to the maintenance of international peace and security. The territorial disputes based on stale notions of sovereignty have often resulted in wars, cessation of diplomatic relations as well as serious distortion of international trade, each resulting in much more loss to the States than what they would have gained out of their territorial claims.4 India as a peace loving nation has established the tradition of settling the disputes amicably either through arbitration, diplomatic negotiation and treaties. As territorial stability and peace depend much upon stability of border, law on border has attained a great significance. Chapter VI of the Charter of United Nations calls the parties to a dispute to resort to peaceful settlement through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means chosen by the parties to the dispute.5 Alternatively, the Security Council has been vested with the powers to call the
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