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India has lost its way in the use of International Law

  • Published
    13th Sep, 2022

Context

In its journey of 75 years of freedom, India has discussed a wide variety of issues but India’s tryst with international law has not been undertaken. At the time of independence, India embarked upon international law which was euro-centric in character and has remained committed to the UN Charter. Over the year, its engagement with international law norms in multiple fields has increased but it has failed to leave an impact.

Missing 'elements of Lawfare’:

  • Through International Solar Alliance (ISA), and Comprehensive Convention on International Terrorism (CCIT), India has been instrumental in influencing international laws, but still, it has areas where it lacks a firm standing, for example:
  • Articulation of its national interests internationally: Indian generalist diplomats unlike their western counterparts aren’t much versed in the language of international law to gain legitimacy for their actions.
  • Missing elements of international law in the diplomatic toolkit: Instances like- India’s failing to legally challenge Pakistan’s denial of most favoured nation status to India at the World Trade Organization and forgetting to cite Pakistan’s specific breaches of the treaty and customary international law in order to rubbish Pakistan’s falsehoods against India are few of the areas where Indian diplomats have performed miserably.
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