JOURNAL ARTICLE

The Sino-Indian Boundary Dispute: Exploring Its Historical Roots and Addressing Colonial Cartography Using Innovative Methodology beyond the Western International Law Framework.

  • Published In: Chinese Journal of Comparative Law, 2024, v. 12. P. 1 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Lone, Fozia Nazir 3 of 3

Abstract

This article focuses on the ongoing Sino–Indian Border Dispute (SIBD), analyzing its historical roots, geopolitical complexities, and the limitations of Western international law in resolving it. It proposes an innovative, sector-specific resolution framework combining the Third World Approach to International Law (TWAIL), the New Haven Approach (NHA), and the Five Principles of Coexistence (5PC)—a diplomatic norm emphasizing mutual respect and peaceful coexistence—within the Shanghai Cooperation Organisation (SCO) framework. The article argues that extreme nationalist ideologies in both China and India hinder progress and that establishing a Joint Historical Commission of Experts (JHCE) under the SCO could facilitate dialogue, address historical grievances, and promote cooperative negotiation. By integrating these approaches, the article suggests a more inclusive, context-sensitive methodology that considers colonial legacies, human rights, and the interests of border populations, aiming to move beyond colonial cartographic legacies and foster sustainable peace and regional stability.

Additional Information

  • Source:Chinese Journal of Comparative Law. 2024/01, Vol. 12, p1
  • Document Type:Article
  • Subject Area:Geography and Cartography
  • Publication Date:2024
  • ISSN:20504802
  • DOI:10.1093/cjcl/cxae016
  • Accession Number:182370183
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