Building the Nation: Sovereignty and International Law in the Decolonisation of South Asia

Abstract

The position of the territorially sovereign nation-state as the fundamental building block of the contemporary world order has come under increasing challenge. Historians have long focused on social, cultural, economic, and technological factors to examine the constructed nature of the nation-state. In this article, I explore the role of law, and specifically the concept of sovereignty, in the creation of the unified spatial entity constituting the nation-state. I focus in particular on the decolonisation of South Asia and analyse legal arguments made in two international disputes (over Hyderabad and the river Indus) to understand the process through which the Indian nation-state came into being.

Worldmaking at the End of History: The Gulf Crisis of 1990–91 and International Law

“…215 This meant absolute sovereignty over the territorial state which would be, in the words of Priyasha Saksena, a "unified national space for development" in which "exclusive and absolute control" over political and economic decisions could be made. 216 Realizing this version of territorial sovereignty and non-intervention meant interpreting the principles alongside a thicker conception of sovereign equality and, especially, in light of the right to self-determination-specifically the economic aspects of self-determination as envisioned by the G77. 217 Consider, in this connection, the role of sovereignty as expressed in the Declaration on Friendly Relations.…”

Fluid Ecologies, Sovereignty, and Colonialism: Princely contestations over riverine islands in colonial India

“…Even amidst the dichotomy of 'civilised' European and 'uncivilised' non-European societies prevalent in the western legal circles, both princely and colonial administrations used it to further their respective positions. For detailed discussion of this, seeSaksena (2023).Sudhindranath & Lourdusamy: Fluid ecologies, sovereignty and colonialism…”

The ideograph ofTerritorial Sovereignty: Framing of China's Belt and Road Initiative by theTimes of India

“…Since Indian nationalists fought for independence from the British Raj, territory has been tied to sovereignty. After the partitioning of the subcontinent, the notion of sovereignty created the basis of the Indian nation-state and became emotionally charged, almost sacrosanct (Saksena, 2020). Defending sovereignty was then construed as a national imperative and cultural belief and has been practiced since.…”