Author - Amit Paurush , Student , Faculty of Law , AMU.
1.INTRODUCTION:
Distinguished jurists look at International Law as the product of modern European culture. However, one cannot deny that the ancient uniqueunique ancient civilisations had existed carrying their distinct perception for everything they practicedpractised. The same way ancient Indian society, encompassed with unique traits and observance of its own. Almost every practice and traditions that ancient Indians used to practice getsfind a scientific reason in the modern world and no way fall short of shaping the basis of many modern theories, jurisprudence, and many more. Similarly, during research, the author observed countless favorablefavourable traditions, practices that eventually concrete the idea behind and the development of modern International Law. I seek to institute an implausible fact that ancient Indian peoples probably had a convinced knowledge and satisfactory approach for the International Law. I find distinct traditions of law in the ancient subcontinent, and had a historically self-determining school of legal theory and practice. The texts like Dharmaśāstras, Arthashastra, Manusmiriti and many more have played an important role for the development of such practices that suitably concrete the central idea for this manuscript. It is widely accepted from the age of Harappa civilisation people were engaged themselves in inter-state trade practices that eventually felicitate the development of international law customs to an extent. Several ancient civilisations and their practice allowed us to say that rules of International Law are not wholly of European origin. However reverting to the theme back, It is perceived that the rules of interstate relationships tracked in ancient India were much more civilized and way more elegant than the rules followed by all ancient civilisations of ancient times and even by nations of the modern world till French Revolution. The regularised interstate relations in ancient subcontinent were due to its geographical outline of India, unlike Greece, where city republics without an ideal organization were found existing and were isolated from each other, on the contrary, India country states were observed with the advanced political organisation The regions of these country states were adjacent to each other, this is the reason, they were not able to develop ‘Inter-municipal law’ as found in Greece. The ancient Indians do have the knowledge of the positive sanction of law, but they favoured to base the rules relating to interstate relationship on Dharma or religion as the sheet anchor of common humanity. They had no special code of International Law, but as will be seen later, their Dharmaśāstras and their Arthashastra lay down a body of rules guiding their interstate relations under the title, ‘Desha dharma’. Kautilya’s Arthashastra is one of the most substantial sources reflecting the ethics of inter-sovereign conduct including individual responsibility of each sovereign within the collectivitycollectivism or concert of all sovereigns in the circle of states for the maintenance of a measure of inter-state public order; a balance of power within the circle, modified by the evolution towards centralization of power and potential unification of states under a supreme authority; the principles relating to the treatment of foreign settlements.
International Law in ancient India was based largely on religion and implied consent but plying to the number of treaties and alliances to which ancient states were the party and easily trackable conception of the Balance of Power. Kautilya's Arthashastra made us aware ofabout the definite idea of international consciousness.
2.SOURCES OF INTERNATIONAL LAW:
It has been observed that the ancient Indians had a definitive knowledge about the practice and how they were to be practiced for a better end. It wants no proof that the term international law is a new one, though the branch and its internal jurisprudence traced the origin to centuries back. Exclusively Indians had not prescribed a special name to this branch of interstate relations; ‘Deshadharma’. Only they knew it was regulatory in nature and found a better place in thea sense of polity. International law immaterial of time is based on the sociability of humans directed by their need and interests, i.e., utilitarian approach, and this theory found its place in Agni Purana.
The primary sources of modern international law are:
1. Customs based on implied consent.
2. Conventions or Express Agreements.
Ancient Indians observed the first required source by means of Dharma in general. It was well accepted that from early times, Dharma encompasses both Law and Customs as well. Generally, Dharma means that leads to righteousness or for advancement along with restraints to prevent injury to creatures. Indeed the basis of all righteousness observed in dealing a man toward another or one sovereign to another sovereign state, and. And talking of the other source, i.e., conventions in the form of treaties carrying an international character. This sub-continent had a long standing trade practices with other ancient civilisations like Mesopotamia, several seals of that time, have been found in both civilisations but no express treaty of international character found therein in between the two. However, Arthashastra mentioned many treaties between foreigners, but they are not of such nature under international law, there exist substantive evidence of the existence of the awareness about humane principle, based on morality. Arthashastra, Yajnavalkya, Manu Smiriti, Apstamba and numerous others mention philosophies that concrete the idea and basis of International Law.
3.EXISTENCE OF STATE: SUBJECT TO INTERNATIONAL LAW:
Generally, a sovereign state is the subject matter of the International Law must possess/ satisfy undermentionedunder mentioned conditions:
a. Sovereignty
b. Definite Territory
c. Recognition
d. Reasonable promise of durability.
It has been observed no political organisation existing during the early Vedic period; it was only during the later Vedic Period, we traced a developed political system for administration. Afterwards, the Mauryan empireEmpire observed the enhanced status of states. Kautilya stated that, the king, minister, the country, and the fort, the treasury, the friend, as attributes to sovereignty. Furthermore, Kamandaka, observed four states of mandalas as sovereign. There existed a well-developed political system, during the Mauryan Empire and the king was represented as the ‘Narpati’, means protector of people. Kamandaka and Kautilya both have outlined friendly relations of their state [Aryya] with other states [Anarrya]. So, I observed and reached at a point that the well definite and sovereign states were existing felicitating principles and philosophy regarding International Law.
4.STATE INTERACTION IN ANCIENT INDIA:
Author observed a fine system or an appropriate way of intercourse in between the ancient Indian states. The element of immunity to ambassadors was prevalent in ancient Indian polity. It was this interaction that eventually led to the development of Interstate laws. Rigveda mentions, there exists Agni, which had the duty of ambassador. Also plying to the commentaries of Sayana, we got to know about Agni, who was nothing but devadoot means an ambassador. Taiterya Samhita talks of the distinction in between ‘doot’ and ‘prahit’. The former represented sovereignty, while the latter was merely an international Spy. Ambassadors were chosen carefully relying on their proficiency and skills. It has been observed that Bhisma, Manu and Agnipurana observed an almost identical approach toward ambassadors as they used to represent the state at foreign courts. Good diplomacy and a well- versed person in the art of diplomacy were preferred. Kautilya observed nine classes of spies from all sections of the society for the respective deeds. They were considered as the root of the kingdom. No permanent embassies were known to exist in ancient India, yet a substantive approach for the interstate relation by ambassadors is clearly traceable.
5.TRACING ALLIANCES AND TREATIES:
A treaty in general means an agreement/ negotiation. Kautilya talks of a treaty as an agreement with pledge, i.e., ‘Sandhi’. However, Sukracharrya, observed the treaty as an action to make a strong enemy a friend. Agni Purana on the same line,line defines an alliance containing a negotiation entered by two foreign kings on an issue. Treaties in International Law may be divided into social and political treaties. However, I observed that Kautilyan Arthashastra tells us about various kinds of treaties like Kapala Sandhi, Upanyasa sandhi, Adristapurusha Sandhi, Sangata Sandhi, Pratikar Sandhi, Adista Sandhi, Samyoga Sandhi, Purushantara Sandhi, Atmamisha Sandhi, Upagraha Sandhi and many more. Going into the demarcation, Author observe Kautilya differentiate several treaties for peace, and they are as Uchchinna Sandhi, Upagraha Sandhi, Parikraya Sandhi, Swarna Sandhi, Adhistha Sandhi, Kapala Sandhi, Atmamisha Sandhi, Adristapurusha Sandhi and the same Kamandaka furnished in his works. I observed several other Sandhis apart from the agreement between foreign kings for establishing peace or interstate relation. Author came across ‘Bhoomi Sandhi’ that Arthashastra mentions on the acquisition of land. Kamandaka observed the sanctity of these treaties and alliances and also prescribed the king not to make any agreement or sandhi with prescribed persons or sort of them.
6.CONCLUSION:
Though modern International law is of new origin but one can sufficiently trace its originating principles in ancient civilisations. And countless Indian practices and literature in no way fall short of enhancing the idea of humane prudence for the development of international law. Ancient Indian diasporadiasporas enriched with requisite to conclude that Indian have sufficient approach for interstate relations and a way to deal with conduct in the form of warfare, treaties (Sandhi), the balance of power and many more. Author observe that the sub-continent was well versed with equitable principle permeated with the notion of dharma and morality reflecting their sane understanding of this concept and the way they practiced, definitely concrete the idea that they have a good approach and knowledge about this new evolved discipline, i.e., International Law.
References:
i. Pramathanath Bandhopadhyay, International Law and customs in India, Calcutta University Press, 1920, P.8.
ii. Id
iii. Agnipurana, CCXXXIII, 20.
