India’s approach to international law needs balance between sovereignty and cooperation to become a responsible global player.
Authors
Abhinav Mehrotra, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Amit Upadhyay, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Summary
India’s status as a significant world power has strengthened in the last few decades as a member state to various international treaties and conventions. However, its practice of instrumentalisation and withdrawal through the reservations imposed to the compulsory jurisdiction of the International Court of Justice and the resistance to becoming a party to the Rome Statute to join the International Criminal Court has been the subject of discussion.
In this paper, the authors discuss India’s approach to implementing the decisions arising from international disputes before the International Court of Justice by reflecting upon the history of its membership in the International Court of Justice and various bilateral and multilateral disputes to which India has been a party. Based on the specific cases, different arguments have been made to decipher the rationale behind the approach undertaken by India and the scholarly views on whether there is a need for change in its approach to establishing transparency about compliance with international law.
Published in: Janus.net
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