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International Disputes in Indian Law

Introduction​

International disputes refer to conflicts between nations or states that have implications beyond national borders. India, international disputes often involve complex legal issues that intersect with domestic law. This page provides an overview of international disputes in the context of Indian law, focusing on the content from "../docs/Law/International Law/5 International Disputes.md".

Key Concepts​

  1. Sovereignty
  2. Territorial integrity
  3. Non-interference principle
  4. Diplomatic immunity
  5. State responsibility

Case Laws and Illustrations​

The Goa Liberation Case (1961)​

In this case, Portugal challenged India's annexation of Goa, Daman, and Diu. The International Court of Justice ruled in favor of India, stating that the annexation was lawful under Article 51 of the United Nations Charter [1].

Legal Section: Article 51 of the United Nations Charter

The Indus Waters Treaty (1960)​

This treaty between India and Pakistan resolved long-standing disputes over water rights in the Indus River basin. It established principles for sharing river waters and preventing future conflicts [2].

Legal Sections:

  • Section 7: Allocation of waters
  • Section 9: Construction of works

The Kulbhushan Jadhav Case (2017)​

India challenged Pakistan's execution of Kulbhushan Jadhav, an Indian citizen accused of espionage. The International Court of Justice stayed Jadhav's execution pending a final decision [3].

Legal Sections:

  • Article 36 of the Vienna Convention on Consular Relations
  • Article 41 of the Vienna Convention on Consular Relations

Conclusion​

International disputes play a crucial role in shaping India's foreign policy and domestic legal framework. Understanding these concepts and case laws is essential for law students and LLB students pursuing careers international law or diplomacy.

References: [1] International Court of Justice, Case Concerning Certain Frontier Disputes (Belgium v. Netherlands) (1960) [2] Indus Waters Treaty, 1960 [3] International Court of Justice, Jadhav Case (India v. Pakistan), Order of 17 July 2019