BOOK REVIEW ON NEW STATES AMD INTERNATI0NAL LAW BY R.P.

ANAND
BY VIKAS PUBLISHING HOUSE PVT.LTD

DAMINIJA G S

B.A.L.L.B(HONS)

A-SECTION

YEAR-IV

HA21019

PREFACE OF THE BOOK:

This Book consists essentially of a course of lectures which he

delivered at the Universities of Ahmedabad, Bangalore, Delhi, Kerala, Madras in August-
September 1970, under the University Grans Commission’s National Lecturership
Programme.

ABOUT THE AUTHOR:

Ram Prakash Anand was an international legal scholar and a pioneer

of Third World approaches to International law later considered to be a scholar of the TWAIL
I movement.. He wrote extensively on the law of the sea, international adjudication, the birth
of states, and the sovereign equality of states, authoring and editing over 20 books and nearly
100 articles in leading journals of international law. He was invited to give a lecture on
"Sovereign Equality of States in International Law" at the prestigious Hague Academy of
International Law. He was elected an Associate Member of the Institute de Droit
International. In 1973, he was appointed as a consultant to the United Nations Secretary-
General on the Law of the Sea. He was one of the founders of the Asian Society of
International Law and served as president of the Indian Society of International Law. His
work was instrumental in shaping the understanding of international law from the perspective
of developing countries, and his insights continue to be relevant in contemporary
international legal discourse.

INTRODUCTION:

R.P.Anand have highlighted the concept CHANGE in relevance International

Law. As change is the law of life, it is the obvious truth of the history. Here he explores the

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rapid and profound changes in the modern world. It highlights how the pace of change has
accelerated, transforming global society more dramatically than ever before. The decline of
colonialism has introduced many new nations into the international arena, each with its own
unique cultural and economic contexts. While this expansion has broadened the international
community, it has also exposed significant divisions, including economic disparities and
ideological conflicts. It emphasizes the interconnected nature of today's world, where
technological advancements have made distances nearly irrelevant, but also increased the
potential for global threats. Overall, it presents a view of the current era as one of both
immense opportunities and severe risks, underscoring the need for careful and cooperative
global management.

LAW IN THE CHANGING WORLD:

He discusses that Law cannot remain immune to the changes in

the world and the need for updating international law in response to dramatic global changes.
As the world has evolved rapidly, traditional legal frameworks, which were designed in a
colonial context, must adapt to the realities of newly independent states from Asia, Africa,
and Latin America. These new states, with diverse cultures and needs, challenge the existing
international legal system, which historically served the interests of European powers.

He outlines a plan to examine how international law was originally shaped, how it must
address current global issues like economic inequality and development, and how it should be
reformed to better meet the needs of the modern, diverse international community. The goal
is to create a more equitable and effective legal framework for today’s interconnected world.

TRADITIONAL INTERNATIONAL LAW:

The author points out the emergence of new states

impacts traditional international law. Anand delves into the complexities introduced by newly
independent nations from Asia, Africa, and Latin America, exploring how these countries
challenge and reshape the existing legal frameworks largely developed by Western European
powers. He argues that traditional international law, shaped by European Christian
civilization, is deeply rooted in the historical and cultural contexts of its creators. This legal
system, which has spread globally, often fails to accommodate the diverse perspectives and
needs of new states. Then he critically assesses how these new nations, with their distinct
cultural and historical backgrounds, confront and influence international law.

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It is methodically structured, beginning with an analysis of the historical development of
international law and its European origins. He then explores the impact of newly independent
states on this established legal order, highlighting their contributions and challenges. His
detailed examination reveals that while international law has been universally adopted, it
often inadequately reflects the realities and aspirations of newer states. He work is both
scholarly and accessible, making it a valuable resource for students, scholars, and
practitioners of international law. It provides insightful perspectives on the need for legal
reform to accommodate a more diverse and evolving global community.

EUROCENTRISM:

It discusses how Western European ideas have shaped international law and
the challenges this poses for non-Western countries, especially in Asia. It argues that
international law has been heavily influenced by European values and concepts, which are
rooted in Christian traditions. This Eurocentric approach means that non-Western countries
often have to follow these Western standards, which might not fit their own cultural and legal
practices. This has created problems for these new states, particularly those in Asia and
Africa, as they may struggle to fully understand or accept the Western-based legal system. It
also mentions that European scholars have criticized these new Afro-Asian countries for
rejecting Western international law due to cultural differences. They argue that traditional
European laws do not always align with the legal practices of these new states, which can
limit their national sovereignty and their ability to manage their own affairs. For example,
ancient India had its own sophisticated legal rules that were considered more humane and
detailed than the Western legal practices that evolved after the French Revolution. These rules
covered various aspects of international relations, such as treaties, asylum, and the treatment
of foreigners. Despite these differences, Asian states have been recognized as full members of
the international community. The idea is that international law should be universal and apply
equally to all nations, based on principles like non-discrimination, which were supported by
early thinkers like Hugo Grotius. It highlights the challenges that arise when a legal system
developed in one cultural context is applied globally, and it advocates for a more inclusive
approach that respects diverse legal traditions and practices.

NEED FOR STABILITY AND DEMAND FOR CHANGE:

Traditional international law has been heavily influenced by Western

European countries, which developed these laws to benefit themselves and their powerful,

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industrialized states. Historically, many parts of the world, especially newly independent
states, were colonized by these Western powers. These new states, often small, poor, and
struggling, face difficulties adapting to a legal system that was created by and for their former
colonizers. As these new states grow and gain more influence, there is increasing pressure to
change international laws to better fit their needs and cultural backgrounds. The old
Eurocentric laws may not be suitable for a world where many countries have different
traditions and priorities. For example, a representative from the United Arab Republic (UAR)
argued that colonialism was a major issue in the 20th century, not just an aggressive act but a
matter of freedom for these countries. However, Western powers focused more on whether
actions violated international rules rather than addressing the colonial legacies affecting these
new states. These new states are increasingly aligning with the Soviet Union or other powers
in response to their own needs, especially when they feel their fundamental rights and
freedoms are threatened. Imperialism and colonialism are seen as threats to international
peace and law. The text suggests that as these new states address their issues, their attitudes
towards international law will evolve. The author argues that it is important to understand and
address the aspirations and concerns of these new states as international law continues to
develop.

WESTERN REACTION:

Initially, Western scholars and leaders were surprised and frustrated by the
demands and aspirations of new states for changes in international law. They saw these new
states as less sophisticated and not serious, considering them inferior compared to established
Western nations. During the colonial period, most of the world's population was oppressed
and exploited, and the laws in place often supported this injustice. The new states argued that
these outdated laws, which were designed to suppress and exploit, should be abandoned.
They believed that international law should evolve to reflect political realities and be more
just. Essentially, if politics and governance are changing, the laws governing them must also
adapt to ensure fairness and equality.

NEED TO STRENGTHEN INTERNATIONAL LAW:

To improve and strengthen international law, it’s essential

to address the interests and needs of new states. Before World War II, the use of military force
and threats was more common in international relations. However, after the Cold War, there
was a shift toward respecting international norms and seeking peaceful solutions.Given the

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changes in the global landscape and the rise of new states, it has become crucial to update and
adjust traditional international laws. These laws must be re-evaluated to better fit the new
conditions and challenges of today’s international society. This means making legal
frameworks more inclusive and responsive to the diverse needs and perspectives of all
countries, especially those that are newly independent or emerging.

ECONOMIC DEVELOPMENT AND INTERNATIONAL LAW:

In the past, many countries were oppressed and discriminated against while
their resources were exploited by Western powers. As Western countries industrialized, these
nations were forced to provide raw materials without benefiting from the profits. European
countries gained significantly more from manufacturing these materials into finished
products. To develop, poorer countries need to increase their own production and
industrialize. However, this requires significant investment, which they often lack. Although
these countries might seem to be developing due to improvements in factors like reduced
mortality rates, they still face major economic challenges. For example, countries that
produce valuable commodities like coffee and tea often find that these goods are heavily
taxed or controlled, which limits their ability to trade effectively with developed nations. As a
result, these countries struggle to gain from their own resources and face difficulties in
boosting their economies.

CONCLUSION:

To create a stable and peaceful world, it's crucial to change current trends and
support the development of poor countries. Historically, international law has been
Eurocentric, meaning it primarily benefited European nations and their colonies, like those in
North America. This legal framework was mostly designed to serve the interests of these
Western powers. However, with the emergence of new states in Asia and Africa, the
international community has become more diverse and inclusive. These new states now make
up the majority of the global community and have started to exert significant influence. Their
presence means that international law must evolve to reflect this new global reality,
addressing the needs and perspectives of a broader range of countries. Supporting the
development of these nations and adjusting international law to be more inclusive will help
achieve global stability and peace.