Abstract
An appraisal of the above material will now be made in the light of the question whether the practices of the Asian nations dealt with above have contributed positively — or perhaps negatively — to the development of international law.1 It is proposed here to discuss this matter under the following headings:
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(1)
The attitudes of the Asian states as appear from their past practices.
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(2)
The contributions of these states to the development of international law.
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(3)
Some speculations on their future attitudes.
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Reference
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See e.g. quotation of Brierly in Chapter I supra at 21.
Kennan, “Peaceful Coexistence — A Western View,” 38 For. Alf. 172 (1960).
Reports I.C.J. 47–109 at 53 (1953).
In Africa too reference is frequently made to ancient empires, e.g. the Mali empire.
Supra at 121.
Supra at 163.
Supra at 175.
U. N. Doc. No. A/Conf. 13/L. 56.
Stone, Aggression and World Order, 143 (1958).
See Kennan, supra note 3, at 190.
Mahadevan makes the statement that “politics must be fair.” Mahadevan, “India’s Policy of Non-Alignment,” 2 I.Y.I.A. 97 (1953).
Supra at 23.
Supra at 92.
Krishna Chettiar v. Subbiya Chettiar, High Court of Burma, 5 April 1948, Annual Digest 537–548, at 544 (Case no. 178) (1948).
Maung Maung, Burma in the Family of Nations 101 (1956).
Id. at 128.
Thayer, Southeast Asia in the Coming World, 244 (1953).
See Nehru’s rejection of arbitration in the Kashmir case, supra at 166. 20 See infra at 233.
Thomas, The Right of Passage over Indian Territory, 6–24 and 46–55 (1959).
Brierly, The Law of Nations 44 (1949).
See Chapter I, supra at 17.
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See supra at 201.
Becker, in an address made before the Am. Soc. Int. Law, Washington 26 April 1958, 38 Dept. of State Bull. 835 (1958).
Fortunately, Mr. Becker’s statement does not seem to be very representative of U.S. opinion. Mr. Dean, the Head of the American delegation said in his closing statement that “Every country must be the judge of its own position and needs, and, while we are disappointed, we have nothing to say about the decision made here.” 38 Dept. of State Bull. 1110 (1958). See also Jessup, “The Geneva Conference on the Law of the Sea, ” 52 A.1.I.L 731 (1958).
See the Synoptical Table of Some Asian Claims, supra at 204.
See for a similar attitude of Russia after the Revolution, Snyder and Bracht, “Coexistence and International Law,” 7 LC.L.Q.55 (1958).
Tearbook LC..J. 233–256 (1959–1960).
onal law.
See e.g. Chapter II supra note 3.
The principle of “weighted voting” has become more popular now. S3 Goodwin, “The expanding U. N.,” 36 Int. Aff. 182–185 (1960).
Fifield, The Diplomacy of Southeast Asia, 164, 213–214 (1958).
Id. at 110, 175–176, 498.
Supra at 234.
Min. of Foreign Affairs of the Rep. of Indonesia, Bulletin of the Asian-African Conference (no. 1) at 3 (1955).
See Kahin, The Asian-African Conference, 32–33 and 36–38 (1956).
Supra at 232.
Hafez Ghanem, “The Asian-African Legal Consultative Committee,” 14 Revue Egypt. de Droit Int. 63 (1958).
Takayanagi and Tanaka, “The First Session of the Asian Legal Consultative Committee,” 2.J.A.I.L. 110–124 at 110. (1958).
Such views were also heard at the Geneva Conference on the Law of the Sea, among others by the Ceylonese delegate.
Takayanagi and Tanaka, supra note 41, at 111.
Id. at 113–123.
Hafez Ghanem, supra note 40, at 65.
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Syatauw, J.J.G. (1961). Conclusions. In: Some Newly Established Asian States and the Development of International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-3192-8_4
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