Article

India

Bimal N. Patel

in The Oxford Handbook of the History of International Law

Published in print November 2012 | ISBN: 9780199599752
Published online December 2012 | | DOI: http://dx.doi.org/10.1093/law/9780199599752.003.0022

Series: Oxford Handbooks in Law

India

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This chapter examines the history of international law in India between 1500 and 1945 and identifies those practices that have disappeared since the independence of India or which have become part of the regional system in one way or another. The historical analysis is confined to the colonization period, when India was under the rule of the European powers. Unlike many other States of Asia, which challenged some of the fundamental tenets of modern international law, India and the native States of India never challenged international law to the same degree. The discussion considers principles of international law observed by the princely States; the disappearance of British common law from the international law practice of independent India; the doctrines of equity, justice, and good conscience; treaties as a source of regional international law; concepts and areas of international law; international law making through treaties; executive and judiciary powers; and private international law.

Keywords: modern international law; international law history; Indian independence; European powers; British colonization

Article.  10130 words. 

Subjects: Law ; History of Law ; International Law

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