Shifting Horizons of Public International Law A South Asian Perspect
This book offers a South Asian perspective on international law, maintaining a suitable distance from the ‘Western’ approach. The themes discussed reflect the region’s particular contribution to the development of international law. Each South Asian count
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ifting Horizons of Public International Law A South Asian Perspective
Shifting Horizons of Public International Law
J.L. Kaul Anupam Jha •
Editors
Shifting Horizons of Public International Law A South Asian Perspective
123
Editors J.L. Kaul Campus Law Centre, Faculty of Law University of Delhi New Delhi India
Anupam Jha Law Centre-II, Faculty of Law University of Delhi, University Enclave New Delhi India
ISBN 978-81-322-3722-8 ISBN 978-81-322-3724-2 https://doi.org/10.1007/978-81-322-3724-2
(eBook)
Library of Congress Control Number: 2017936889 © Springer (India) Pvt. Ltd. 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer (India) Pvt. Ltd. The registered company address is: 7th Floor, Vijaya Building, 17 Barakhamba Road, New Delhi 110 001, India
Dedicated to Siddheswari Daadi
Foreword I
In an era of exponential expansion of public international law marked by fragmentation and specialization where lex specialis prevails and iex generalis seems to be all but over,1this excellent work by Vice Chancellor J.L. Kaul, Dr. Anupam Jha, and the learned contributors tells us a special story. The unusual story is about how the SAARC region may have contributed to the progressive development of late post-Westphalian international legal development. The work is focussed on ‘peripheral’ nations. This is a precious focus as contributions of such nations to the making and unmaking of international law have gone largely unrecognized. The term ‘peripheral’ has some wholesome meanings.2 Kaul and Jha write (in the Introduction) that the SAARC contributions to international ‘negotiations’ regarding international law were rarely considered. A ‘newer grouping of nations’ is itself an important development, enhanced when perceived as a ‘challenge to status
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