Abstract
There are some people who leave an indelible mark on history. Jawaharlal Nehru, the first Prime Minister of independent India, was such a great leader. He was not only the architect of independent India’s destiny during the first seventeen years he was its undisputed leader and the prime minister, but he “played a decisive role in the history of the twentieth century—as a leader of the Indian people, as a representative of the new mood of Asia, and as a spokesman of the international conscience.”1 As Michael Brecher, his political biographer, said:
“Few statesmen in the twentieth century have attained the stature of Jawaharlal Nehru. As the pre-eminent figure in India’s era of transition he bears comparison with Roosevelt and Churchill, Lenin and Mao, men who towered above their colleagues and guided their people through a period of national crisis. Only Gandhi inspired greater faith and adoration among the masses. Only Stalin, perhaps, had greater power. Like these outstanding men of the age he has also imposed his personality on a wider canvas. He is for many a symbol of Asia’s political awakening and the outstanding spokesman of ‘the middle way’ in a world of ideological crusades. His name conjures up a host of associations, some praiseworthy, some critical... Yet friends and foes alike recognize him as a leading actor on the stage of contemporary history.”2
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
References
Sarvepalli Gopal, Jawaharlal Nehru: A Biography, vol. 1 (1889–1947), (Bombay,!976), p. 5.
Michael Brecher,Nehru—A Political Biography“ (London, 1959), p. 595.
Brecher, ibid., p. 564.
See R. P. Anand, “Japan and International Law in Historical Perspective”, Paper presented at the Centenary Symposium of the Japanese Association of International Law (Kyoto, 1997).
K.M. Panikkar, Asia and Western Dominance (London, 1954) pp. 197, 199.
According to Professor Brecher, “Japan’s military sweep of 1941—2 had shattered the foundations of the colonial order. In the aftermath of the Second World War a dozen states acquired independence in the regionchrw(133)” Michael Brecher, The New States of Asia: A Political Analysis (London, 1963), p. 155.
Brecher, n. 2, p. 592.
Brecher, ibid., p. 593.
Jawaharfal-Nehru, “Meeting ground of East and We$t”, Speech in the Constituent Assembly, NeW Delhi, March 8, 1949, in Jawaharlal Nehru s Speeches, vol. One, (Delhi, 1949), pp. 232–33.
To the Overseas Club in New York on 19 October 1949, quoted in Brecher, n. 2, p. 593.
Jawaharlal Nehru “isia finds herself again”, Inaugural speech at Asian Relations Conference, New Delhi, (March 23, 1$47, vol, i n. 9, p: 300.
Nehru, ibid., p. 301.
Ibid., p. 303.
Nehru, ibid., p 325. in Jawaharlal Nehru’s Speeches, vol. One, (Delhi, 1949), p. 300.
Nehru, Press conference 19 July 1955, quoted in Sarvepalli Gopal, Jawaharlal Nehru: A Biography, vol. Two 1947–1956 (Delhi, 1979). p. 217.
Gopal, ibid., p. 217.
Nehru’s communication to Chief Ministers, 20 May 1955, quoted in Gopal, ibid., p. 216.
Nehru, speech at Poona, 4 June 1955, quoted in Gopal, ibid., p. 217.
Nehru, address to U.P.P.C.C. at Sitapur 21 August 1955, qudted in Gopal, ibid.
Nehru, speech in Lok Sabha, 17 September, 1955,quoted in Gopal, ibid.
Gopal, ibid., pp. 217–18.
See Jawaharlal Nehru, “Background to the Liberation”, in Jawaharlal Nehru’s Speeches Vol. 4 (Sept. 1957—April 1963*4 (Delhi, 1964), p. 36. It maybe noted that the Portuguese authorities threatened to “blow up most of the important institutes, buildings etc. in Goa.” Nehru, ibid., p. 39.
Nehru, ibid. p.36.
ibid. 988th meeting, paras 130–31.
Ibid, para 140/But see Quincy Wright, “The Goa IncidentAmerican Journal of International Law vol. 56 (1962), p. 617.
Ibid, 987th Meeting, 18 December 1961, para 40.
Selected Documents of the Bandung Conference (Institute of Public Relations) (New York, 1955), p. 34.
Declaration on granting of Independence to Colonial Countries and Peoples, Res. 1514 (XV) 14 December 1960. United Nations Review (January 1961), p. 6.
See report of the Special Committee on principles of International Law Concerning Friendly Relations and Cooperation among States, General Assembly Official Records, 23n/ Session (New York, 1968), pp. 37–8,53,63. The Friendly Relations Declaration was later adopted by the General Assembly by consensus on 24 October, 1970. For a doctrinal study of the Declaration see V.S. Mani, Basic Principles of International Law: A Study of the United Nations Debates on the Principles of International Law concerning Friendly Relations and Cooperation among States (New Delhi, 1993).
Nehru, “Our Objectives”, in Nehru, vol. I, n. 9, p. 265.
R. B. Pal, Yearbook of the International Law Commission (1957), vol. 1, p. 158.
Westlake, quoted in Pal, ibid.
R.B. Pal, “Future Role of the International Law Commission in the Changing World”, United Nations Review vol. 9 (September 1962), p. 31.
See R.P. Anand, New States and International Law (New Delhi, 1972) pp. 45ff.
Nehru, Inaugural Address at the Indian Society of International Law, Indian Journal of International Law vol. 1 (1960), p. 6.
P. Chandrasekhara Rao,The Indian Constitution and International Law (New Delhi, 1993), p. 5.
Nehru, “Discovery of America”, Address to the East and West Association, New York, October 10, 1949, in Nehru, Jawaharlal Nehru Speeches 1949–1953 (New Delhi, 1954), pp. 124–25.
Nehru, “Asia is Renascent”, Speech delivered in Canadian Parliament, October 24, 1949, ibid., p. 129.
Nehru, “Peace or War”, Speech in Parliament on December 6, 1950, in Nehru, vol. II, n. 69, p. 173.
Nehru, “Appeal to the USA and the USSR”, New Delhi December 27, 1957, in Jawaharlal Nehru’s Speeches 1957–1963, vol. 4, (New Delhi, 1964), pp. 308–309.
Nehru in a communication to the Chief Ministers of States in India 14 April, 1954, quoted
Rao, n. 38, p. 6.
Rao, ibid., p. 7.
The case concerning Gujarat-West Pakistan boundary dispute between India and Pakistan was submitted to Pakistan Western Boundary Case Tribunal which gave its award, known as the Kutch Award on 19 February 1968.The award created a lot of controversy in India and was strongly criticized. R. P. Anand, “The Kutch Award”, in hisStudies in International Adjudication (New Delhi, 1969), pp. 218–49. See also Rao, ibid.
See ICJ Reports, 1960, p. 6.
Anand, “India and the World Court”, in his Studies in International Adjudication (New Delhi, 1972), p.52.
C. Wright Mills,The Causes of World War IIINew York, 1960, p. 18.
Nehru, “Non-alignment with Blocs”, Speech in the Constituent Assembly, New Delhi, March 8, 1948, in Nehru, vol. 1, n. 9, pp. 214–15.
Ibid, p 215.
Nehru, ibid., p. 219.
Nehru, speech in Parliament June 12, 1952, in Nehru, vol. II, n. 41, pp. 116–17.
Nehru, “Our policy is positive”, Speech in Parliament on March 17, 1950, ibid., p. 144.
Brecher, n. 2, p. 559.
Nehru, n. 54, p. 144.
Nehru, “We will not compromise”, Speech in Parliament on March 28, 1951, in Nehru, vol. II, n. 41, pp. 192–93.
Nehru, “Changing India”, Foreign Affairs (New York, April 1963) in Nehru, vol. 4, p. 407.
Brecher, n. 2, p. 555.
Nehru, “Effective International Law”, in Nehru’s Speeches, vol. Ill, p. 510.
Nehru, ibid., p 511.
Nehru, “Agreement on Tibet”, Nehru’s Speeches, vol. III,.pp. 262–63.
Nehru, “The South-East Asia Treaty Organization”, ibid., p. 273.
Nehru, “United Nations in India”, World Focus (New Delhi, Oct.-Dec. 1997), p. 59.
Nehru, “Peace or War”, Nehru’s Speeches, vol. II, p. 169.
Nehru, “We will not compromise”, ibid. p. 199.
Nehru, “Our objectives”, Nehrus Speeches, vol. I, p. 257.
Nehru, “To the United Nations”, ibid., pp. 317–18.
K. P. Misra, “India’s policy of recognition of states and governments”,American Journal of International Law, vol. 55 (1961), p. 408.
Nehru in a speech in Parliament on March 17, 1950, quoted in Misra, ibid., p. 401.
See for a discussion on Nehru’s policy, Misra, ibid., pp. 404–408.
Burma was the first. See Brecher, n. 2, p. 588
Brecher, ibid.
See also Brecher, ibid., p. 588.
India had post office, telegraph office, some soldiers, trade and commercial rights, and some pilgrim routes. See Nehru, “India’s border with China”. Nehru’s Speeches, vol. IV, p. 210.
See Nehru, “Peace or War ”Jawaharlal Nehru’s Speeches, vol. II, pp. 173–74.
See for a detailed discussion about Tibet’s de facto independence which was not formally ‘recognized’ by any state, R.P. Anand, “The Status of Tibet in International law”, International Studies (New Delhi), vol.10 (1968–69), pp.401–445
Nehru, Letter to G. L. Mehta, quoted in Gopal, n. 16, p. 181.
See Gopal, ibid., pp. 175–81. Even when Nehru pointed out about the mistakes in Chinese maps, Chinese leaders avoided the issue. See Gopal4 ibid., pp. 228–29.
V. P. Menon, The Story of the Integration of the Indian States (Calcutta, 1956), p. 410.
Menon, ibid. p. 399; see also Gopal, n. 16, p. 20.
Nehru, “The State’s Accession”, vol. I, ibid., 162 ff.
See Menon, n. 80, pp. 400, 413.
See Gopal, n. 16, p. 27.
Nehru Letter to Krishna Menon, 20 February, 1948, quoted in Gopal, ibid.
See how British sent Indian armed forces “to conquer and suppress other peoples”, Nehru,The Discovery of India Bombay, 1961, p. 448.
Gopal, n. 16, p. 254
Nehru, Letter to Vijayalakshmi, 16 February 1948, quoted in Gopal, ibid., pp. 27–28.
Nehru, Speech in Lok Sabha, September 17, 1953, Nehru“s Speeches vol. Ill, pp. 243–44.
This de facto amendment of the Charter got a powerful legal support from the Intrnaitional Court of Justice in its advisory opinion in Certain Expenses of the United Nations case See ICJ Reports 1962, p. 163.
See R. P. Anand, “Influence of History on the literature of international law”, in hisConfrontation or Cooperation: International Law and the Developing Countries (New Delhi, 1986), pp. 34–36.
Gopal, n. 16, p. 236.
Churchill to Nehru, 21 February 1955. Quoted in Gopal, ibid., p. 236. Churchill again repeated this phrase in his letter to Nehru on 30 June 1955. Quoted in Gopal, ibid., p. 237.
Rights and permissions
Copyright information
© 2004 R.P. Anand
About this chapter
Cite this chapter
Anand, R.P. (2004). Jawaharlal Nehru and International Law and Relations. In: Studies in International Law and History. Developments in International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-5600-6_1
Download citation
DOI: https://doi.org/10.1007/978-94-017-5600-6_1
Publisher Name: Springer, Dordrecht
Print ISBN: 978-90-04-13859-9
Online ISBN: 978-94-017-5600-6
eBook Packages: Springer Book Archive