Fidelity and Honour The Indian Army From Seventeenth to the Twenty-first Century

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Item Code: IDF226
Publisher: Oxford University Press, New Delhi
Author: Lt. General S.L. Menezes (retd.)
Language: English
Edition: 2004
ISBN: 0195650476
Pages: 722
Cover: Paperback
Other Details 8.4" X 5.4"
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Book Description
About the Book:

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Beginning with the premise that relations between the two countries are governed by treaties which are now outdated, the author contends that if mutually beneficial developments are to take place, a sea change in the approach and attitude of both countries must occur.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

Acknowledgmentsxi
Introduction

xiii
1.Indo-Nepal Relations: The Causes of Conflict and their Resolution1
2.India-Nepal Security Relations and the 1950 Treaty23
3.The Concept of a Zone of Peace: The Vision of a Country at Peace with Itself and at Ease with her Neighbours39
4.The Role of the United Nations in Resolving the Trade and Transit Problems of Landlocked States and their Implications for Indo-Nepal Relations53
5.The Marine Fishery Rights of Landlocked States and Nepal's Rights in the EEZ of Neighbouring Countries84
6.Transit Arrangements between Nepal and India101
7.Hydro-diplomacy between Nepal and India, and the Mahakali River Treaty120
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 1792165
II.Treaty with the Raja of Nepaul, 1801168
III.Treaty of Peace (the Sugauli treaty) between Nepal and the British East India Company and Related Instruments, 1815-16175
IV.Treaty with Nipal, 1 November 1860182
V.1920 Sarada Barrage Project Agreement between British India and Nepal184
VI.Treaty of Friendship between Great Britain and Nepal, Kathmandu, 21 December 1923188
VII.Treaty of Peace and Friendship between India and Nepal, Kathmandu, 31 July 1950191
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 1959204
X.The 1965 'Secret' Arms Agreement between Nepal and India210
XI.Nepal-India Joint Communique of 1990213
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 States226
XIV.1947 Tripartite Agreements between Nepal, India, and the United Kingdom after Partition of Retain Gurkha Services in the British and Indian Armies231
XV.Indo-Bhutan Treaty of Peace and Friendship, 1949238
XVI.Indo-Sikkim Treaty of Peace and Friendship, 1950243
XVII.Treaty of Peace and Friendship between the Government of the United Kingdom and the Government of Nepal. Signed at Kathmandu, on 30 October 1950247
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 Cooperation253
XX.Proposed Model Draft Treaty of Peace and Friendship between Nepal and India

258
Bibliography262
Index272
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