Curriculum Vitae and major works of RP Anand
CURRICULUM VITAE
Dr. R.P. Anand
Professor Emeritus of International Law
EDUCATIONAL QUALIFICATIONS
B.A. (Delhi Delhi Delhi
PROFESSIONAL DISTINCTIONS
MEMBER, Institut de Droit International (Geneva
Executive President, Indian Society of International Law from 1997;
Secretary General, Indian Society of International Law 1992- 1996;
Visiing Professor, Institute of Public Law and International Relations, Thessaloniki, Greece, September 1996;
Visiting Professor, Hague Academy The Hague , Netherlands
Member, Editorial Board
- Ocean Development and International Law Journal (USA
- Marine Policy Reports (USA
- Indian Journal of International Law;
- International Studies;
Member, Executive Council of the Indian Society of International Law, 1983-1998; 2006--
Member, Executive Board, Law of the Sea Institute at the University of Hawaii Law School (USA), 1987-1995;
Life Member, Indian Law Institute since 1965-
Consultant to the United Nations Secretary General on Law of the Sea, 1973;
National Lecturer in Law, 1969-70 (Nominated by the University Grants Commission of the Government of India to deliver lectures in various universities in India
Fellow, Woodrow Wilson International Center Washington , D.C.
Rockfellor Foundation Fellow in International Relations, Columbia University, New York, 1960-61;
RESEARCH & TEACHING
Professor (Emeritus) of International Law, School of International Jawaharlal Nehru University
Visiting Scholar, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany, June-August, 2001 and June-July 2002, 2003 and 2004, 2005, 3006..
Professor of International Law, School of International
Research Associate, Culture Learning Institute, East-West Center Honolulu , Hawaii USA
Research Associate, World Rule of Law Center USA
Senior Research Fellow in International Law, Indian School of International
Research Officer, Indian Law Institute, 1958.
ADMINISTRATIVE DISTINCTIONS
Dean, School of International
Chairman, Centre for Studies in Diplomacy, International Law & Economics, School of International Studies, JNU, 1968-78; 1988-90.
Head, Department of International Law, School of International
PUBLICATIONS
Published 21 books (including 7 edited works) and about 100 articles in Indian, European and American professional journals. (For details see Annexure – I).
Annexure- I
BOOKS:
Changing Dimensions of International Law: An Asian Perspective (A course of six lectures delivered at the Xiamen Academy of International Law, Xiamen, China, September, 2006) (Under publication)
Development of International Law and India Frankfurt , Germany Frankfurt , 2005; New Delhi 2007)
Studies in International Law and History: An Asian Perspective,( Martinus Nijhoff, The Hague New Delhi
New Law of the Sea: Emergent Norms and Institutions, Lectures delivered at the Institute of International Public Law and International relations, Aristotle University, Thessaloniki, Greece 1996;
The United Nations and the Gulf Crisis (Published under the auspices of the International Legal Studies Division of the Jawaharlal Nehru University
Confrontation or Co-operation: International Law the Developing Countries (Banyan Publications, New Delhi The Hague
Sovereign Equality of States in International Law, Lectures at the Hague Academy The Hague
Origin and Development of the Law of the Sea: History of International Law Revisited (Martinus Nijhoff, The Hague, 1983), pp. 287.
Legal Regime of the Sea-Bed and the Developing Countries (Thomson Press ,India, Delhi, 1975), pp. 287
International Courts and Contemporary Conflicts (Published under the auspices of the Indian School of International Studies
New States and International Law, Lectures delivered under the University Grants Commission’s National Lecturership scheme) (Vikas Publications, Delhi, 1972), pp. 119.
Studies in International Adjudication (Vikas Publications, Delhi: Oceana Publications, Dobbs Ferry, N.Y. 1969), pp. 298.
Compulsory Jurisdiction of the International Court of Justice (Published under the auspices of the Indian School of International Studies
Salient Documents in International Law (Editor), (New Delhi, 1994).
Recent Developments in Civil Aviation in India
Law, Science and Environment (Co-editor) (Lancers Books, New Delhi, 1987).
ASEAN; Identity, Development and Change (Co-editor) (Published under the auspices of the University of Philippines Law Center and East-West Center Culture Learning Institute, Honolulu, Hawaii) (Quezon City, 1981), pp. 411.
Cultural factors in International Relations (Editor) (Published under the auspices of the East-West Center Culture Learning Institute, Honolulu, Hawaii) (Abhinav Publications, New Delhi, 1981), pp. 291.
Law of the Sea: Caracas
SELECTED ARTICLES
Review Article on Onuma Yasuaki’s “When was International Law Society Born?- An Inquiry of the History of International lawfrom an Intercivilizational Perspective in Jounrla of the History of International Law, Vol. 2 (2000), pp. 1-66” in History of International Law, Vol 6 (2004), pp. 1-14.
“Family of ‘Civilized’ States and Japan Defiance
“Non-European Sources of the Law of the Sea”, in P.Ehlers, E. Mann-Borgese, and R. Wolfrum (eds), Marine Issues, ; Kluwer Law International, (The Hague
“Effectiveness of International Judicial Procedures in the Settlement of International Disputes”, Paper presented at the Indian Society of International Law’s “ International Conference on International Law in the New Millennium: Problems and Challenges Ahead”, 4-8 October, 2001. Hosgaku Shimpu: Special Issue of Chuo Law Review (Japan
“Jawaharlal Nehru and International Law and Relations”, Paper presented at the Jawaharlal Nehru Centre, Mumbai , India May 12, 2001 . (Forthcoming).
“Jawaharlal Nehru and International Law”, Indian Journal of International Law, Vol. 42, No. 1 (January-March, 2002), pp. 5-29.
“Non-European Sources of the Law of the Sea”, Paper presented at XXVIII Pace in Maribus Conference at Hamburg , Germany
“Enhancing the Acceptability of Compulsory Procedures of International Dispute Settlement”, Paper presented at the Inauguration of the Law of the Sea Tribunal at Hamburg , Germany September 14, 2000 (Forthcoming)
“Japan and International Law in Historical Perspective”, Nisuke Ando (Editor), Japan and International Law: Past, Present and Future: International symposium to Mark the Centennial of the Japanese Association of International Law on Japan and International Law held at Kyoto, Japan, (Kluwer Law International, The Hague, 1999), pp. 389-398.
“South Asia and the Law of the Sea: Problems and Prospects” in Thomas A. Mensah (editor), Ocean Governance: Strategies and Approaches for the 21st Century (Law of the Sea Institute, Honolulu, Hawaii, 1996), pp. 331-353.
“Common Heritage of Mankind: Multilation of an Ideal”, Indian Journal of International Law, Vol. 37, No. 1., (January –March 1997), pp. 1-18.
“Navigation through Territorial Sea
“The International Court as ‘Legislator’”, in M.S. Rajan (Editor) United Nations at 50 and Beyond, Published under the auspices of the Indian Society of International Law, (Lancers Books, New Delhi, 1996), pp. 209-220.
“A New International Economic Order for Sustainable Development?, Najeeb Al-Nauimi (Editor) Proceedings of the International Conference on Sustainable Development held under the auspices of the Asian African Legal Consultative Committee in Doha Qatar
“Hijacking – A Disease which needs Strong Medicine” in R.P. Anand, S.S. Sidhu et al (editors) Recent Development in Civil Aviation in India New Delhi
“The World Court on Trial” in R.S. Pathak and R.P. Dhokalia, International Law in Transition: Essays in Honour of Judge Nagendra Singh) Lancer’s Books New Delhi in Cooperation with Martinus Nijhoff, Dordrecht, 1992), pp. 245-66.
“Deep Seabed Mining: A comment”, in Kuribayashi and Miles (Ed), The Law of the Sea in 1990s: A Framework for International Cooperation” (Honolulu
“Marine Scientific Research: A Commentary”, in Alfred H.A. Soons, Implementation of the Law of the Sea Convention through International Institutions, (Honolulu
“Recent Developments in the Law of the Sea”, International Studies, Vol. 26 (1989), pp. 247-55.
“Transit Passage and overflight in International Straits”, Indian Journal of International Law (Vol. 26) 1989, pp. 72-105.
The Settlement of Disputes and the Law of the Sea Convention”, in Jon M. Van Dyke (ed), Consensus and Confrontation: The United States and the Law of the Sea Convention (Honoluluu, 1985).
“The Politics of a new legal order for fisheries”, Ocean Development and International Law Journal (New York
“Odd Man Out: the United States United States Hawaii
“UN Convention on the Law of the Sea and the United States”, Indian Journal of International Law, vol. 24, April-June 1984, No. 2, pp. 153-199.
“Influence of History on the Literature of International Law” in R.St.J. Macdonald and Douglas M. Johnston) (Ed.) The Structure and Process of International Law” Modern Essays in Legal Philosophy Doctrine and Theory, (Dalhousie, Law School Halifax , Canada
“Toward a New Legal Order for Fisheries” paper presented at the International Colloquium on Fisheries Legislation, Mexico City
“Maritime Practices and Customs in Southeast Asia until 1600 A.D. and the Modern Law of the Sea”, International and Comparative Law Quarterly (London
“Freedom of the Seas: Past, Present and Future”, in Rafael G. Guitierrez, Ridder, Sarin, Schilleer (Ed) New Direction in International Law: Essays in International Law and International Relations: Festschrift in Honour of Wolfgang Abendroth, (University of GieBen, Giessen, West Germany), (Frankfurt 1982), pp. 215-233.
“Psychological Factors in International Adjudication of Disputes” paper presented at the Annual Convention of the Peace Science Society (West) held at the Department of Political Science, University of Hawaii University of Hawaii
“Industrialization of the Developing Countries and the problem of Environmental Pollution”, Mazingira (Oxford
“Development and Environment: The Case of the Developing Countries”, Indian Journal of International Law, Vol. 20, No. 1 (January-March 1980), pp. 1-19.
Exploitation of Deep Sea-bed Resources: Interests of the Developing Countries”, in the Deep Seabed and its Mineral Resources, Proceedings of the 3rd International Symposium 1978 Tokyo
“The Legality of the Interim Seabed Regimes”, Foreign Affairs Reports (New Delhi
Mid-Ocean Archipelagos in International Law”, in M.S. Rajan and Shivaji Ganguly (Ed.) Great Power Relations; World Order and the Third World : Essays in Memory of Sisir Gupta, (Vikas Publications, Delhi
ASEAN and the Law of the Sea: The problems of Mid-Ocean Archipelagos” in R.P. Anand (Editor), Cultural Factors in International Relations, (New Delhi, 1981), pp. 245-266.
“Legal Regime of Fisheries”, Cochin University
“Legal Continental Shelf”, in R.P. Anand (Editor), Law of the Sea: Caracas
“Winds of Change in the Law of the Sea” Paper presented at Seminar on Recent Developments in the Law of the Sea, 3-4 December 1976, Jawaharlal Nehru University, New Delhi in R.P. Anand (Editor), Law of the Sea: Caracas and Beyond (New Delhi 1978), pp. 36-61.
“Iceland
“The Cold War” between the U.K. Iceland India
“Towards a New Economic Order”, International Studies, Vol. 15, No. 3, (1976).
“Confrontation or Cooperation? The General Assembly at Crossroads” in Robert J. Akkerman and others (eds) Declarations on Principle, A quest for Universal Peace: Liber Amicorum Discipulonunque Professor Bert V.A. Roling (Sijjthoff, Leyden ), (1977), pp. 5-24.
“Role of International Adjudication”, in Leo Gross (Editor), The Future of the International Court of Justice (Published under the auspices of the American Society of International Law) Oceana Publications, New York
“Equitable Use and Sharing of the Common Heritage of Mankind”, L.M. Alexander ed.) Proceedings of the Seventh Annual Conference of the Law of the Sea Institute, University of Rhode Island, Kingston, R.I., U.S.A., June 1972 (1973), pp. 70-85.
“Interests of the Developing Countries and the Developing Law of the Sea”, Annals of International Studies, (Geneva
“Tyranny of the Freedom of the The Sea Doctrine”, International Studies, Vol. 12, No. 3 (July-September 1973), pp. 79-193.
Legal Continental Shelf and What it includes”, Journal of the Institute of Defence Studies and Analyses (Delhi
“Pakistani POWS and International Law”, India
“International Police Force”, in Harman Singh, (Ed.), Studies in World Public Order, (Delhi
“Afro-Asian States and the Development of a Universal International Law”, in Albert Lepawsky, Edward H. Buehrig, Harold D. Lasswell, (Ed.) the Searh for World Order, Studies by Students and Colleagues of Quincy Wright (Merdith Corporation, New York), pp. 157-179.
Report of the Seminar on “Asian States
“Status of Tibet
“The Kutch Award”, India
“Legality of the Soviet Threatened Intervention in West Germany
“Sovereign Equality of States in International Law – Part I”, International Studies, (April 1967), pp. 313-341.
“Sovereign Equality of Staes in International Law – Part II”, International Studies, (April 1967), pp. 386-421.
“Sovereign Equality of States in the United Nations”, Indian Journal of International Law, Vol. VII, No. 2., (April, 1967), pp. 195-200.
“Rebus Sic Stantibus in the Law of Treaties”, Paper Presented at the Annual Meeting of the Indian Society of International Law in January 1967 proceedings of the Indian Society of International Affairs, Vol. XV, (1967).
“Judicial System of the Hindus”, Indian Yearbook of International Affairs, Vol. XV, (1967).
“Proliferation’s of Nuclear Weapons”, paper presented at the Seminar on Nuclear Weapons and Foreign Policy, November 6-12, 1966, I.S.I.S., New Delhi.
“Suitability or Unsuitability of a Federal Constitution for India
“Indian Law in Historical Perspective”, Supreme Court Law Journal, (September, 1966), pp. 11-34.
“Attitude of the Asian-African States towards Certain Problems of International Law”, Paper Presented at the Third Annual Conference of the Congress of Scientists on Survival, New York City, June 19-21, 1964 International and comparative Law Quarterly, Vol. 15, part I, (January 1966), pp. 55-75.
“The International Court of Justice and the Development of International Law”, International Studies, Vol. VII, No. 2, (October 1965), pp. 228-261.
“Role of Individual and Dissenting Opinions in International Adjudication”, International and Comparative Law Quarterly, Vol. 14, Part 3 (July, 1965), pp. 788-808.
“Execution of International Judicial Awards – Experience Since 1945”, University of Pittsburg Law Review, Vol. 26, No. 4 (June 1965), pp. 671-703.
“Attitude of the ‘New’ Asian-African Countries Towards the International Court of Justice”, International Studies (New Delhi
“The International court of Justice and Impartially Between Nations”, Indian Yearbook of International Affairs, (1963), pp. 12-55.
“Role of the ‘New’ Asian-African Countries in the Present International legal Order”, American Journal of International Law, Vol. 56, No. (April 1962), pp. 383-406.
“India World Court ”, International Studies,(New Delhi
“Reservations to Multilateral Conventions”, Indian Journal of International Law, Vol. 1, No. 1 (July, 1960), pp. 84-91.
“How Far Taxation Powers Control Freedom of Trade, Commerce and Intercourse”, Journal of the Indian Law Institute, (1959).
ARTICLES IN WEELIES AND NEWSPAPERS
“Repatriation of Pakistani Prisoners of War and International Law’, Round Table (New Delhi, 1972).
“Proposed French Nuclear Tests and International Law’, Round Table (New Delhi June 24, 1973 , pp. 24-27.
“Repatriation of Pakistani Prisoners of War and International Law”, National Herald (New Delhi June 3, 1972 .
“The Five Oceans: Reservoir of Vast Resources”, Indian and Foreign Review (New Delhi JULY 1, 1972 , pp. 13-17.
Tribute from Yale Law School - Prof Michael Reisman
It is sad news but I thank you for conveying it to me. Ram Prakash
Anand was a great scholar and leader in our field and a source of
immense pride for the Yale Law School. Ram knew he was one of
international law's immortals but bore himself with modesty. Wherever
we met, whether at Yale, in Washington, at meetings of the Institut or
for a wonderful afternoon with Ram and his wife at their apartment in
New Delhi, he was always a delight to be with. I will miss his wisdom,
his warm personality and his jolly company but, like everyone in our
field, will continue to consult him through his work. This is a
painful loss for India and the world community.
Please convey my condolences to the members of his family and assure
them that all his friends from his days at Yale mourn his passing.
Sincerely,
Michael
Anand was a great scholar and leader in our field and a source of
immense pride for the Yale Law School. Ram knew he was one of
international law's immortals but bore himself with modesty. Wherever
we met, whether at Yale, in Washington, at meetings of the Institut or
for a wonderful afternoon with Ram and his wife at their apartment in
New Delhi, he was always a delight to be with. I will miss his wisdom,
his warm personality and his jolly company but, like everyone in our
field, will continue to consult him through his work. This is a
painful loss for India and the world community.
Please convey my condolences to the members of his family and assure
them that all his friends from his days at Yale mourn his passing.
Sincerely,
Michael
Tribute from Japan Chapter of Asian Society of Int Law.
Dear Professors Mani and Chimni,
On behalf of the Japan Chapter of the Asian Society of International Law, let
us express our sorrow on the sudden and unexpected passing of Professor Anand.
With his outstanding academic contribution, Professor Anand was such a
positive role model and inspiration to us all. We are in deep grief,
especially because we remember well his thoughtful presentation and friendly
smiles at the Tokyo Conference and because we were all hoping that we could
meet again soon in Beijing. We are very sorry that he is no longer with us
and miss him very much.
Our thoughts and prayers are with the family of the late Professor Anand and
our Indian colleagues.
With our deepest sympathy,
The Japan Chapter of the Asian Society of International Law
Directors
AGO Shinichi (Kyushu University)
NAKAMOTO Koichiro (Anderson Mori & Tomotsune)
ONUMA Yasuaki (Meiji University)
SAKAMOTO Shigeki (Kobe University)
UCHIDA Harumichi (Mori Hamada & Matsumoto)
On behalf of the Japan Chapter of the Asian Society of International Law, let
us express our sorrow on the sudden and unexpected passing of Professor Anand.
With his outstanding academic contribution, Professor Anand was such a
positive role model and inspiration to us all. We are in deep grief,
especially because we remember well his thoughtful presentation and friendly
smiles at the Tokyo Conference and because we were all hoping that we could
meet again soon in Beijing. We are very sorry that he is no longer with us
and miss him very much.
Our thoughts and prayers are with the family of the late Professor Anand and
our Indian colleagues.
With our deepest sympathy,
The Japan Chapter of the Asian Society of International Law
Directors
AGO Shinichi (Kyushu University)
NAKAMOTO Koichiro (Anderson Mori & Tomotsune)
ONUMA Yasuaki (Meiji University)
SAKAMOTO Shigeki (Kobe University)
UCHIDA Harumichi (Mori Hamada & Matsumoto)
Tribute from a student - Sridhar Patnaik
Professor Anand is a legend in international law. His untimely demise is deeply saddening and has deprived international legal fraternity of a truly great scholar.
Professor Anand was a fearless professor with profound impact of teaching and scholarship that will endure and inspire international law scholars for many generations to come. I count myself very fortunate to have known Professor Anand; and to have been guided by him and benefited immensely from his work and leadership. It is unlikely that the world of international law will see another scholar who is able to achieve such high standards of Professor Anand.
He is one the Greatest Masters I will never forget and whose joyful spirit will be deeply missed.
With sincere condolences and prayers for his family.
Kind regards,
Sridhar
--
Dabiru Sridhar Patnaik
Assistant Professor & Course Coordinator
Post Graduate Diploma in International Law and Diplomacy
Indian Academy of International Law and Diplomacy
Indian Society of International Law
Room 209, V.K.Krishna Menon Bhawan
9, Bhagwan Dass Road
New Delhi 110 001, India
Professor Anand was a fearless professor with profound impact of teaching and scholarship that will endure and inspire international law scholars for many generations to come. I count myself very fortunate to have known Professor Anand; and to have been guided by him and benefited immensely from his work and leadership. It is unlikely that the world of international law will see another scholar who is able to achieve such high standards of Professor Anand.
He is one the Greatest Masters I will never forget and whose joyful spirit will be deeply missed.
With sincere condolences and prayers for his family.
Kind regards,
Sridhar
--
Dabiru Sridhar Patnaik
Assistant Professor & Course Coordinator
Post Graduate Diploma in International Law and Diplomacy
Indian Academy of International Law and Diplomacy
Indian Society of International Law
Room 209, V.K.Krishna Menon Bhawan
9, Bhagwan Dass Road
New Delhi 110 001, India
Tribute from a student - Udaya Ramakrishna.
Dear All,
It is shocking to know that Professor R.P. Anand is no more. India lost the doyen of international law, whose unsurpassed and immeasurable contribution to the development of international law in India and beyond will be remembered by the students and scholars forever. I pray God to give eternal peace to his pious soul.
Sincerely,
Udaya.
(former student, CILS, JNU)
It is shocking to know that Professor R.P. Anand is no more. India lost the doyen of international law, whose unsurpassed and immeasurable contribution to the development of international law in India and beyond will be remembered by the students and scholars forever. I pray God to give eternal peace to his pious soul.
Sincerely,
Udaya.
(former student, CILS, JNU)
Tribute from a student.of Prof Anand - Nirmalya Sen
Dear Teachers and my fellow scholars,
I convey my deepest condolence on the sad demise of Professor R.P. Anand. Professor Anand's contribution towards developing an Asian and African perspective on international law, and towards building the scholarship of international law in India is in itself a colossal accomplishment. He has been an inspiration for subsequent generations of scholars of international law from a third world perspective. I was very fortunate to have had some opportunity of being taught by Prof. Anand. As I reflect on the news of his demise, I feel that one of the most subtle attributes behind the greatness of Prof. Anand was that he always considered himself to be a keen student of international law. He would invariably be present in almost every Friday seminar in spite of the difficulty it would have perceivably caused him to attend the same in the last few years. Indeed, he had a deep passion and urge to know more about international law and contemporary issues related to international law. Such passion and commitment is worthy of the highest salutation.
I join the fraternity of the Centre for International Legal Studies and the larger JNU community in paying a rich tribute to Prof. Anand. In this regard, I wish to make a humble suggestion to institute an annual academic event appropriate to honour Prof. Anand (e.g., a memorial lecture series).
Yours Sincerely
Nirmalya Syam
I convey my deepest condolence on the sad demise of Professor R.P. Anand. Professor Anand's contribution towards developing an Asian and African perspective on international law, and towards building the scholarship of international law in India is in itself a colossal accomplishment. He has been an inspiration for subsequent generations of scholars of international law from a third world perspective. I was very fortunate to have had some opportunity of being taught by Prof. Anand. As I reflect on the news of his demise, I feel that one of the most subtle attributes behind the greatness of Prof. Anand was that he always considered himself to be a keen student of international law. He would invariably be present in almost every Friday seminar in spite of the difficulty it would have perceivably caused him to attend the same in the last few years. Indeed, he had a deep passion and urge to know more about international law and contemporary issues related to international law. Such passion and commitment is worthy of the highest salutation.
I join the fraternity of the Centre for International Legal Studies and the larger JNU community in paying a rich tribute to Prof. Anand. In this regard, I wish to make a humble suggestion to institute an annual academic event appropriate to honour Prof. Anand (e.g., a memorial lecture series).
Yours Sincerely
Nirmalya Syam
Tribute from Judge Thomas Mensah from Yale Law School
I got the news of RP's passing with much sorrow. I was a great fan of his, and my children still remember him with great affection. He was a real giant of a scholar, and the third world has lost a most respected and knowledgeable spokesperson. However, I take consolation from the fact that he has left such a tangible legacy in his many writings and the many scholars that he helped to shape and inspire. I am convinced that his contribution and influence will continue to be felt wherever international law is taught or discussed.
A heartfelt tribute to Prof Anand and his contributions to Int Law.
The passing away of Prof Anand is sad. Old age and ill-health did not prevent
him from serving the profession of international law until his last breath.
International law was his life and we as associates were his family. He
aspired and worked for the best and most dignified place for India and
other developing countries in the world order following decolonization. He
did not condemn international law because it was used against India and
others for establishing and sustaining colonialism; he ruthlessly fought
the idea that "International law" and "civilized society"were the creation
and hall-mark of Europe; he strived hard to show through historical
evidence, a la Alexandrowicz, India and other ancient civilizations
evolved transnational law and practiced international humanitarian law
long before Europe got civilized; even questioned the status of "Father of
International Law " given to Grotius.He believed in the peaceful settlement
of disputes and the compulsory jurisdiction of the International Court of
Justice. Like Sir Hersch Lauterpacht, essayed development of international
law by the ICJ. This contribution along with his article in the American
Journal of International Law (1962) on the Asian and African States earned
him international recognition at any early age. With his contributions to
the history of international law, he stands tall along with other stalwarts
like Nussbaum. Shedding light on early Indian practice in International law
he is in great company of other distinguished Indian international lawyers
like C.R.Rsastry, Chacko and Nagendra Singh. His outpourings on law of the
sea were energetic in tracing the Indian maritime traditions and in
exposing the gaps and inequities that needed to be redressed as part of
modernization of the law of the sea. His long essay on sovereign equality
is perhaps the only piece standing alone on that subject hitting at the
foundations of international law which are built on power and subjugation
of poor and underprivileged nations and peoples. He, like most of us,
bemoaned the blight of poverty which he described it as an "Iron Curtain"
both as a factor frustrating the large majority of States and people from
occupying their true and legitimate place in the constantly evolving world
order and global institutions and as condition which needs to be constantly
addressed and fought to bring it down.
Anand occupied a special place in the scholarly world of international law,
earned the gratitude of multitude of students, respect from all colleagues
and the undivided attention of his audience whenever he lectured. He will
reamin an example of forceful delivery, powerful advocacy and untiring
presentaion of long essays with dense and extensive foot-notes to reflect
his wide reading and research. He had a unique style of writing presenting
his materials and thoughts paraphrasing in the words of the authors on whom
he relied.
As one who served him as a research associate early in his teaching career
at the Sapru house(1965-67), and later as an associate at the Woodrow Wilson
International Center for Scholars (1971), as a colleague in the Governing
Body of the Indian Society of International Law (1975-2002), participating
in numerous seminars or events of international law saw Anand as a
perfectionist, proud Indian, unyielding to others, man of dignity, never
seeking any favor, fighting for his place, grooming some of the best Indian
international law students, a bit of a loner but never indulged in
self-pity or harbored hatred towards others. Personally I and my family
enjoyed his affection. I am also grateful for his appreciation for my
humble efforts to live upto the demands the profession of international law
has made on me.
I join the rest of the fraternity of international law both at home and
abroad in praying the Almighty to grant his Soul the eternal bliss!
Sreenivasa Rao Pemmaraju
with knd regards,
Sreenivasa Rao
him from serving the profession of international law until his last breath.
International law was his life and we as associates were his family. He
aspired and worked for the best and most dignified place for India and
other developing countries in the world order following decolonization. He
did not condemn international law because it was used against India and
others for establishing and sustaining colonialism; he ruthlessly fought
the idea that "International law" and "civilized society"were the creation
and hall-mark of Europe; he strived hard to show through historical
evidence, a la Alexandrowicz, India and other ancient civilizations
evolved transnational law and practiced international humanitarian law
long before Europe got civilized; even questioned the status of "Father of
International Law " given to Grotius.He believed in the peaceful settlement
of disputes and the compulsory jurisdiction of the International Court of
Justice. Like Sir Hersch Lauterpacht, essayed development of international
law by the ICJ. This contribution along with his article in the American
Journal of International Law (1962) on the Asian and African States earned
him international recognition at any early age. With his contributions to
the history of international law, he stands tall along with other stalwarts
like Nussbaum. Shedding light on early Indian practice in International law
he is in great company of other distinguished Indian international lawyers
like C.R.Rsastry, Chacko and Nagendra Singh. His outpourings on law of the
sea were energetic in tracing the Indian maritime traditions and in
exposing the gaps and inequities that needed to be redressed as part of
modernization of the law of the sea. His long essay on sovereign equality
is perhaps the only piece standing alone on that subject hitting at the
foundations of international law which are built on power and subjugation
of poor and underprivileged nations and peoples. He, like most of us,
bemoaned the blight of poverty which he described it as an "Iron Curtain"
both as a factor frustrating the large majority of States and people from
occupying their true and legitimate place in the constantly evolving world
order and global institutions and as condition which needs to be constantly
addressed and fought to bring it down.
Anand occupied a special place in the scholarly world of international law,
earned the gratitude of multitude of students, respect from all colleagues
and the undivided attention of his audience whenever he lectured. He will
reamin an example of forceful delivery, powerful advocacy and untiring
presentaion of long essays with dense and extensive foot-notes to reflect
his wide reading and research. He had a unique style of writing presenting
his materials and thoughts paraphrasing in the words of the authors on whom
he relied.
As one who served him as a research associate early in his teaching career
at the Sapru house(1965-67), and later as an associate at the Woodrow Wilson
International Center for Scholars (1971), as a colleague in the Governing
Body of the Indian Society of International Law (1975-2002), participating
in numerous seminars or events of international law saw Anand as a
perfectionist, proud Indian, unyielding to others, man of dignity, never
seeking any favor, fighting for his place, grooming some of the best Indian
international law students, a bit of a loner but never indulged in
self-pity or harbored hatred towards others. Personally I and my family
enjoyed his affection. I am also grateful for his appreciation for my
humble efforts to live upto the demands the profession of international law
has made on me.
I join the rest of the fraternity of international law both at home and
abroad in praying the Almighty to grant his Soul the eternal bliss!
Sreenivasa Rao Pemmaraju
with knd regards,
Sreenivasa Rao
Confrontation or Cooperation - International Law and the Developing Countries (Preface to 2nd Edition)
Preface for the Second Edition
Confrontation or Cooperation?
International Law and the Developing Countries
A lot has changed in our ever-changing world since these papers were written and published. The United Nations has expanded even further to include practically all the countries of the world which emerged after the collapse of western colonialism and numerous states which gained independence after the disintegration of the Soviet Union and several East European countries. The world organization now consists of 191 members, a vast majority of them being still poor, so-called developing countries, struggling to survive in a treacherous world.
With the collapse of communism during the last few years and the disintegration of the Soviet Empire and the Soviet Union itself, the cold war, waged relentlessly since the Second World War, has subsided and there is some respite. But the world is still deeply divided. The “great divide” today is between the rich and the poor. As the former Finance Minister of Pakistan
“A poverty curtain has descended right across the face of our world, dividing it materially and philosophically into two different worlds, two separate planets, two unequal humanities – one embarrassingly rich and the other desperately poor. This invisible barrier exists within nations as well as between them, and often provides a unity of thought and purpose to the Third World countries which otherwise have their own economic, political and cultural differences. The struggle to lift this curtain of poverty is certainly the most formidable challenge of our time”.[1]
It is important to remember that due to their diverse historical, geographical, political, social, cultural, and other factors, these underdeveloped or developing countries exhibit wide differences not only in their way of life, but even in their thinking and practice. Though widespread poverty is a problem that afflicts most of the underdeveloped and new states, it is not a homogenous group. They range from China and India Latin America . And yet, for a variety of purposes all these countries perceive themselves as a group, a perception made more impressive because it overcomes an underlying, undeniable diversity.
It is also important to mention that, despite the expansion of the international society and all the changes that have occurred since the collapse of western colonialism and Soviet hegemony, the economic and even political conditions of the developing countries have not changed much. One need not dwell in the past only when the Asian-African countries, under colonial domination, had no choice. Unfortunately, the exploitation of the poor countries still continues through subtle and sophisticated means and under an economic order which is merely a continuation of the hated colonial era. Although colonialism has died a natural death, the international framework of the old order has been kept intact by the more pragmatic and self-confident colonial powers. The “white man’s burden” in respect of the impoverished, conquered and humiliated natives of the Third World still continues through the developed countries’ superiority and dominant voice in the international economic system. The division of labour between developed and underdeveloped countries, imposed in the colonial era, still continues and it is difficult to escape from it. Developed countries, or rather their business interests and transnational corporations, are unwilling to share their technology. Trade secrets are jealously guarded and markets are dominated by companies of the developed countries, and it is difficult for newcomers to enter them. The prices charged for manufactured goods are largely monopoly prices, and in any case they rise steadily over time.
The international monetary system and the international economic institutions, created after the Second World War by the Bretton Woods Agreement amongst the industrialized rich countries, established the basis of progress in the industrial world while completely ignoring the needs and demands of the developing countries. The poor nations have hardly any participation in the economic decision-making of the world. Their advice is never solicited when the big ten industrialized nations get together to take key decisions on the world’s economic future. Their voting strength in the Bretton Woods institutions (World Bank and I.M.F.) is less than one-third of the total; and their numerical majority in the UN General Assembly has meant no real influence on international economic decisions.
Underdeveloped countries, still producing mainly primary commodities and raw materials for the developed economies, have several problems. The prices for their primary commodities and raw materials fall not only in relative and sometimes in absolute terms, but they fluctuate widely from year to year; their economies are highly dependent on exports and many of them are highly dependent on the export of new, sometimes just one or two, commodities. The fluctuations in commodity prices can be dramatic and are accentuated by speculation in commodity markets in London
In these papers we have tried to understand the feelings and aspirations of the new states which affect their attitude towards international law in no uncertain degree. It is only natural that hostility toward colonialism should spill over to influence their attitude toward certain other aspects of international law and these views much be understood in this light. Thus, they rebel against some of the economic and political rights acquired during the period of their subservience which they have felt and still feel are unreasonable and inequitable. Since the problems of the developing countries and their struggles continue unabated, we have not made any changes in the papers as they were originally published except to substitute one paper on “International Police Force” with
”South Asia and the Law of the Sea: Problems and Prospects” published originally in Thomas Mensah (Editor), Ocean Governance: Strategies and Approaches for 21st Centurey (Honolulu, 1994), pp.331-353.
”South Asia and the Law of the Sea: Problems and Prospects” published originally in Thomas Mensah (Editor), Ocean Governance: Strategies and Approaches for 21st Centurey (Honolulu, 1994), pp.331-353.
R.P. Anand
Vision for this website
Dear academics and students of International Law,
We are creating this website in honor of Professor R.P. Anand who left us recently. He has left behind a vision and a lot of rich material and writings which we hope to share with you to keep the cause that he stood for alive. Professor Anand published over 20 books on the subject and over 100 articles in various journals which we will also try to share with you. His latest 2nd edition of "New States and International Law" will also be available soon and we will share that with his colleagues and students as well as distribute it to libraries as he would have wished. This vision is to evolve this site into a useful forum for research and discussions on international law especially from an Asian and "Third World" perspectives. Your comments, ideas and contributions will be most welcome as we develop this site further.
Regards,
Vivek Anand, Sanjay Anand & Kavita Anand (children of RP Anand)
We are creating this website in honor of Professor R.P. Anand who left us recently. He has left behind a vision and a lot of rich material and writings which we hope to share with you to keep the cause that he stood for alive. Professor Anand published over 20 books on the subject and over 100 articles in various journals which we will also try to share with you. His latest 2nd edition of "New States and International Law" will also be available soon and we will share that with his colleagues and students as well as distribute it to libraries as he would have wished. This vision is to evolve this site into a useful forum for research and discussions on international law especially from an Asian and "Third World" perspectives. Your comments, ideas and contributions will be most welcome as we develop this site further.
Regards,
Vivek Anand, Sanjay Anand & Kavita Anand (children of RP Anand)
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