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Dynamics of Foreign Policy and Law
Dynamics of Foreign Policy and Law

Dynamics of Foreign Policy and Law

by Surya P Subedi

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Product ID:14784

Language

English

Publisher

Oxford University Press

ISBN

0195672011 - Year: 2005 - Pages: 274

Binding

Hardcover

Surya P Subedi

Author: Surya P Subedi
Publisher: Oxford University Press
Year: 2005
Language: English
Pages: 274
ISBN/UPC (if available): 0195672011

Description

This book, by one of Nepal's leading experts on international law, analyses the current state of treaty relations between India and Nepal in the light of contemporary principles of international law. Describing the complex historical background to these relations, it highlights those aspects of the relationship which have remained stumbling blocks. It goes on to propose ways to resolve outstanding issues between India and Nepal.

Beginning with the premise that relations between the two countries are governed by treaties which are now outdated, the author contends that if mutually beneficial developments are to take place, a sea change in the approach and attitude of both countries must occur. The book covers all the major outstanding issues between the two countries including security concerns, the proposal for making Nepal a zone of peace, transit arrangements, marine fishery rights of landlocked countries, sharing of river waters and related benefits like hydroelectric power.

The book argues persuasively in favour of a major review of Indo-Nepal treaties and replacement of some based on modern and equitable principles of international law. The author proposes a model Treaty of Peace and Friendship between India and Nepal.

This landmark study in Indo-Nepal relations will be essential reading for policymakers, scholars of international law and foreign policy, journalists, and diplomats.

Contents

ACKNOLEDGEMENTS

INTRODUCTION

Indo-Nepal Relations: The Causes of Conflict and their Resolution

India-Nepal Security Relations and the 1950 Treaty

The Concept of a Zone of Peace: The Vision of a Country at Peace with Itself and at Ease with her Neighbours

The Role of the United Nations in Resolving the Trade and Transit Problems of Landlocked States and their Implications for Indo-Nepal Relations

The Marine Fishery Rights of Landlocked States and Nepal’s Rights in the EEZ of Neighbouring countries
Transit Arrangements between Nepal and India

Hydro-diplomacy between Nepal and India, and the Mahakali River Treaty

The Supreme Court of Nepal and the Tanakpur Agreement between India and Nepal

CONCLUSIONS

APPENDICES

TREATIES RELATING TO INTO-NEPAL RELATIONS

Treaty of Commerce with Nepaul, 1 March 1792

Treaty with the Raja of Nepaul, 1801

Treaty of Peace (the Sugauli Treaty) between Nepal and the British East India Company and Related Instruments, 1815-16

Treaty with Nipal, 1 November 1860

1920 Sarada Barrage Project Agreement between British India and Nepal

Treaty of Friendship between Great Britian and Nepal, Kathmandu, 21 December 1923

Treaty of peace and Friendship between Great Britain and Nepal, Kathmandu, 31 July 1950

The 1954 Agreement on the Koshi Project (as revised in 1966)

Agreement between His Majesty’s Government of Nepal and the Government of India on the Gandak Irrigation and power Project, Kathmandu, 4 December 1959

The 1965 Secret Arms Agreement between Nepal and India

Nepal-India Joint communiqué of 1990

Treaty Between His majesty’s Government of Nepal and the government of India Concerning the Integrated Development of the Mahakali River Including Sarada Barrage, Tanakpur Barrage, and Pancheshwar Project

Treaties of Interest

Agreement of Friendship and Commerce between Nepal and the Untied States

1947 Tripartite Agreements between Nepal, India, and the United Kingdom after partition to Retain Gurkha Services in the British and Indian Armies.

Indo-Bhutan Treaty of Peace and Friendship, 1949

Indo-Sikkim Treaty of Peace and Friendship, 1950

Treaty of Peace and Friendship between the Government of the United Kingdom and the Government of Nepal. Signed at Kathmandu, on 30 October, 1950

Treaty of Peace and Friendship between Nepal and China, 28 April 1960

DRAFT AGREEMENTS

Agreement between the Government of India and His Majestry’s Government of Nepal on Mutual Cooperation

Proposed Model Draft Treaty of Peace and Friendship between Nepal and India

Bibliography

Index

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