Treaty Law and Practice: Implications for the Foreign Policy of Asia and Africa

Bimal N. Patel

Treaty Law and Practice: Implications for Foreign Policy of Asia and Africa, is an inter-disciplinary pioneering work analysing the treaty law and practice of several Asian and African states. The work analyses the historical evolution and contemporary practices of these States. Yet at the same time, the work identifies challenges and issues that are being faced by these States, despite the growing importance of bilateral, regional and multilateral treaties. While foreign ministry of all states remains primary actor in the initiation and execution of treaties, the work brings out role of other two organs – Parliament or equivalent and Judiciary. There is no clear trend discernible as far as whether all the studied states strictly follow monism or dualism. This work will be essentially a reference tool for legal advisers, officials working in the foreign ministry and judicial organs within and beyond Africa and Asia. The book advocates necessity for studying the treaty law and practice of every single African and Asian state.

Bimal N. Patel

Prof. (Dr) Bimal N. Patel, Member, United Nations International Law Commission, and Vice-Chancellor, Rashtriya Raksha University (RRU), India and Member, National Security Advisory Board. Professor Patel specialises in international law, law of the sea and maritime law, international courts and tribunals and national security and international law. World Court Reference Guide(s)—ICJ Case-Law Digest; Law of the Sea: ITLOS Jurisprudence, India and International Law, National Security of India and International Law, Responsibility of International Organisations, are some of his edited or authored scholarly works.

Contents

Introduction

Tables and Figures

About the Contributors

1. Addressing the Geographical Imbalance in Registration of Treaties: The ‘Depositary’ as a Proposed Solution for Asian States
Bimal N. Patel and Antarnihita Mishra

2. Unravelling Treaty Law and Practice in Ethiopia: From the Late 19th Century to Contemporary Times
Firew Kasaye Giday

3. The Contrast between the Scope and the Value of the Rights Proclaimed in the Rainforest Protection Pact of 2022
Ivon Mingashang and Prosper Djuma Bilali

4. Non-Legally Binding Instruments
Jeremy Hill

5. Treaty Law and Nigerian Practice: Foreign Policy Objectives and Implications
Muhammed Tawfiq Ladan

6. Beyond Approval: The Role of the Legislature in the Treaty-making Process—Experiences from Uganda
Olum Lornah Afoyomungu

7. Treaty Law and Practice in Central Asia: Kazakhstan
Rustam Atadjanov

8. We the Central Asian Laws on Treaties: A Comparative Perspective
Sergey Sayapin

9. Challenges to the Implementation of International Human Rights Treaties in Malaysia
Shahrizal M. Zin and Ikmal Hisham Md. Tah

10. Fair and Equitable Treatment in Indian Investment Treaties: Carving Indian Best Practices
Shantanu Pachahara

11. Treaty Interpretation in a Dualist System: Judicial Practice in Thailand
Thanapat Chatinakrob

12. Treaty Law and Practice in Mongolia
Tuulaikhuu Enkhee

13. Viet Nam’s Law on Treaties
Vu Quoc Tuan and Le Thi Anh Dao

Index