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 of 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Beginning with the premise that relations between the two countries are governed by treaties which are now outdated, the author contends that if mutually beneficial developments are to take place, a sea change in the approach and attitude of both countries must occur.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 hydroelectric power.
The book argues persuasively in favour of a major review of Indo-Nepal treatise 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.
About the Author:
Surya P. Subedi, O.B.E., is Professor of International Law, University of Leeds, UK.
CONTENTS
| Acknowledgments | xi | |
| Introduction | xiii | |
| 1. | Indo-Nepal Relations: The Causes of Conflict and their Resolution | 1 |
| 2. | India-Nepal Security Relations and the 1950 Treaty | 23 |
| 3. | The Concept of a Zone of Peace: The Vision of a Country at Peace with Itself and at Ease with her Neighbours | 39 |
| 4. | The Role of the United Nations in Resolving the Trade and Transit Problems of Landlocked States and their Implications for Indo-Nepal Relations | 53 |
| 5. | The Marine Fishery Rights of Landlocked States and Nepal's Rights in the EEZ of Neighbouring Countries | 84 |
| 6. | Transit Arrangements between Nepal and India | 101 |
| 7. | Hydro-diplomacy between Nepal and India, and the Mahakali River Treaty | 120 |
| 8. | The Supreme Court of Nepal and the Tanakpur Agreement between India and Nepal | 153 |
| Conclusions | 162 | |
| APPENDICES | ||
| Treaties Relating to Indo-Nepal Relations | ||
| I. | Treaty of Commerce with Nepaul, 1 March 1792 | 165 |
| II. | Treaty with the Raja of Nepaul, 1801 | 168 |
| III. | Treaty of Peace (the Sugauli treaty) between Nepal and the British East India Company and Related Instruments, 1815-16 | 175 |
| IV. | Treaty with Nipal, 1 November 1860 | 182 |
| V. | 1920 Sarada Barrage Project Agreement between British India and Nepal | 184 |
| VI. | Treaty of Friendship between Great Britain and Nepal, Kathmandu, 21 December 1923 | 188 |
| VII. | Treaty of Peace and Friendship between India and Nepal, Kathmandu, 31 July 1950 | 191 |
| VIII. | The 1954 Agreement on the Koshi Project (as revised in 1966) | 196 |
| IX. | Agreement between His Majesty's Government of Nepal and the Government of India on the Gandak Irrigation and Power Project, Kathmandu, 4 December 1959 | 204 |
| X. | The 1965 'Secret' Arms Agreement between Nepal and India | 210 |
| XI. | Nepal-India Joint Communique of 1990 | 213 |
| XII. | Treaty Between His Majestry'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 | 217 |
| Other Treatise of Interest | ||
| XIII. | Agreement of Friendship and Commerce between Nepal and the United States | 226 |
| XIV. | 1947 Tripartite Agreements between Nepal, India, and the United Kingdom after Partition of Retain Gurkha Services in the British and Indian Armies | 231 |
| XV. | Indo-Bhutan Treaty of Peace and Friendship, 1949 | 238 |
| XVI. | Indo-Sikkim Treaty of Peace and Friendship, 1950 | 243 |
| XVII. | Treaty of Peace and Friendship between the Government of the United Kingdom and the Government of Nepal. Signed at Kathmandu, on 30 October 1950 | 247 |
| XVIII. | Treaty of Peace and Friendship between Nepal and China, 28 April 1960 | 251 |
| Draft Agreements | ||
| XIX. | Agreement between the Government of India and His Majesty's Government of Nepal on Mutual Cooperation | 253 |
| XX. | Proposed Model Draft Treaty of Peace and Friendship between Nepal and India | 258 |
| Bibliography | 262 | |
| Index | 272 | |
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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 of 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 hydroelectric power.
The book argues persuasively in favour of a major review of Indo-Nepal treatise 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.
About the Author:
Surya P. Subedi, O.B.E., is Professor of International Law, University of Leeds, UK.
CONTENTS
| Acknowledgments | xi | |
| Introduction | xiii | |
| 1. | Indo-Nepal Relations: The Causes of Conflict and their Resolution | 1 |
| 2. | India-Nepal Security Relations and the 1950 Treaty | 23 |
| 3. | The Concept of a Zone of Peace: The Vision of a Country at Peace with Itself and at Ease with her Neighbours | 39 |
| 4. | The Role of the United Nations in Resolving the Trade and Transit Problems of Landlocked States and their Implications for Indo-Nepal Relations | 53 |
| 5. | The Marine Fishery Rights of Landlocked States and Nepal's Rights in the EEZ of Neighbouring Countries | 84 |
| 6. | Transit Arrangements between Nepal and India | 101 |
| 7. | Hydro-diplomacy between Nepal and India, and the Mahakali River Treaty | 120 |
| 8. | The Supreme Court of Nepal and the Tanakpur Agreement between India and Nepal | 153 |
| Conclusions | 162 | |
| APPENDICES | ||
| Treaties Relating to Indo-Nepal Relations | ||
| I. | Treaty of Commerce with Nepaul, 1 March 1792 | 165 |
| II. | Treaty with the Raja of Nepaul, 1801 | 168 |
| III. | Treaty of Peace (the Sugauli treaty) between Nepal and the British East India Company and Related Instruments, 1815-16 | 175 |
| IV. | Treaty with Nipal, 1 November 1860 | 182 |
| V. | 1920 Sarada Barrage Project Agreement between British India and Nepal | 184 |
| VI. | Treaty of Friendship between Great Britain and Nepal, Kathmandu, 21 December 1923 | 188 |
| VII. | Treaty of Peace and Friendship between India and Nepal, Kathmandu, 31 July 1950 | 191 |
| VIII. | The 1954 Agreement on the Koshi Project (as revised in 1966) | 196 |
| IX. | Agreement between His Majesty's Government of Nepal and the Government of India on the Gandak Irrigation and Power Project, Kathmandu, 4 December 1959 | 204 |
| X. | The 1965 'Secret' Arms Agreement between Nepal and India | 210 |
| XI. | Nepal-India Joint Communique of 1990 | 213 |
| XII. | Treaty Between His Majestry'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 | 217 |
| Other Treatise of Interest | ||
| XIII. | Agreement of Friendship and Commerce between Nepal and the United States | 226 |
| XIV. | 1947 Tripartite Agreements between Nepal, India, and the United Kingdom after Partition of Retain Gurkha Services in the British and Indian Armies | 231 |
| XV. | Indo-Bhutan Treaty of Peace and Friendship, 1949 | 238 |
| XVI. | Indo-Sikkim Treaty of Peace and Friendship, 1950 | 243 |
| XVII. | Treaty of Peace and Friendship between the Government of the United Kingdom and the Government of Nepal. Signed at Kathmandu, on 30 October 1950 | 247 |
| XVIII. | Treaty of Peace and Friendship between Nepal and China, 28 April 1960 | 251 |
| Draft Agreements | ||
| XIX. | Agreement between the Government of India and His Majesty's Government of Nepal on Mutual Cooperation | 253 |
| XX. | Proposed Model Draft Treaty of Peace and Friendship between Nepal and India | 258 |
| Bibliography | 262 | |
| Index | 272 | |
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