India and international settlement of disputes

This study seeks to discern an Indian approach towards settlement of disputes in four distinct stages. The first stage has its genesis with British India becoming part of the League system. The 1929 and 1940 reservations to the Article 36 of the PCIJ by the United Kingdom are extended to India as well which remains unchanged after its independence. The shaping of Indian Constitutional Scheme seeking to resolve all its international disputes by taking recourse to arbitration essentially reflects the complex situation that emerged after the partition of the Indian sub-continent. The second stage begins with Portugal filing a case in 1956 against India. It shakes up India’s approach resulting in the immediate replacement of its colonial 1940 reservation to the ICJ. The third stage of this evolutionary trajectory is traced to the aftermath of the 1971 conflict with its neighbours resulting in India taking a relook at its 1956 reservations. The last one decade has seen the emergence of the fourth stage wherein India in a major policy shift consents to settle couple of disputes pursuant to its obligations under Indus Water Treaty. Continuing with this and pursuant to its obligations under the UNCLOS, India consents to the Bay of Bengal Maritime Boundary Arbitration and also the Enrica Lexie case. All these cases, including several cases within the framework of the WTO in recent times shape and reshape the Indian position on international settlement of disputes.