The state practice of India and the development of international law : selected areas

Abstract

The thesis examines the state practice of India and analyses how it has contributed to the development of international law. These areas are: history of international law, law of the sea, human rights, humanitarian law, chemical weapons convention, UN reforms, environmental law, climate change, International Court of Justice. The thesis proves that state practice of India is similar to the state practice of a hegemonic power and India will use more and more international law to promote its national interests and rightful place in the international society of states. Summary conclusions: Distinct Approach of Judiciary and Executive to International Law; Post-Independence Practice of India: A Rising Power Approach to International Law; Use and Effectiveness of the Proactive versus Reactive Approaches to Ensure Desired Outcomes; India will continue to avoid the ICJ as a means of dispute settlement; Patience and Persistence: Virtues of Statecraft in the UN Reforms; Permanent Membership of the Security Council: Success Chances are Stronger than Ever Before; Law of the Sea: Reflection of a Growing Hegemonic Power; India will continue to shape and implement the international law of human rights in its own way and pace; International Environmental Law: Tension will continue between the Executive and Judiciary;