In an era of exponential expansion of public international law marked by fragmentation
and specialization where lex specialis prevails and iex generalis seems to
be all but over,1this excellent work by Vice Chancellor J.L. Kaul, Dr. Anupam Jha,
and the learned contributors tells us a special story. The unusual story is about how
the SAARC region may have contributed to the progressive development of late
post-Westphalian international legal development.
The work is focussed on ‘peripheral’ nations. This is a precious focus as contributions
of such nations to the making and unmaking of international law have
gone largely unrecognized. The term ‘peripheral’ has some wholesome meanings.2
Kaul and Jha write (in the Introduction) that the SAARC contributions to international
‘negotiations’ regarding international law were rarely considered. A ‘newer
grouping of nations’ is itself an important development, enhanced when perceived
as a ‘challenge to status quo in international affairs’ and the fact that ‘nations of
South Asia have asserted their collective will which is, at times, at variance with the
common will of other nations’. The work in your hands speaks about the ‘greater
involvement of these nations, which … have greatly influenced outcomes of
international law making’. And yet the sad fact is that the contributions made by the
SAARC region ‘are yet to be’ fully explored or even acknowledged in the burgeoning
literature on international law.