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The Battle for International LawSouth-North Perspectives on the Decolonization Era$
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Jochen von Bernstorff and Philipp Dann

Print publication date: 2019

Print ISBN-13: 9780198849636

Published to Oxford Scholarship Online: December 2019

DOI: 10.1093/oso/9780198849636.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 December 2021

Reading RP Anand in the Post-Colony

Reading RP Anand in the Post-Colony

Between Resistance and Appropriation

(p.297) 13 Reading RP Anand in the Post-Colony
The Battle for International Law

Prabhakar Singh

Oxford University Press

Professor RP Anand analysed the birth of new states and their theoretical and functional inclusion in the post-UN world. The 1947 Indian independence afforded Indian lawyers a choice between Nehruvian internationalism and Judge Pal’s Tokyo dissent. Essentially, Anand preferred state interest over cultural differences as the currency of international law while celebrating the UN Charter, the International Court of Justice, and the UN Convention of the Law of Sea as the achievements of the mankind. Anand saw the rejection of international law as synonymous with power politics. While optimistic, his universalism engendered a Western anti-thesis that an Asian approach to international law, if any, was otiose. Subsequently, post-colonial scholars responded with a synthesis that brought colonialism from periphery to the centre of international legal theory.

Keywords:   history of international law, decolonization, India, Asian approaches to international law, ICJ

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