Colonial Influence Over International Law: Dominance Assertion Of Western Idea

Niharika Gayakwad, KLE Society's KLE College of Law

ABSTRACT

International Law, unlike the domestic law, concerns itself with relations that one nation has with another; there are several differentiating factors between the International Public Law and Domestic Law. To maintain the sense of peace by means of diplomacy and various other treaties and laws to ensure harmony between the states is the main objective of International Law.

Like many laws, International Law has a deep rooted lineage, edged in the papers of history, to trace the origin of International Law would be a task for a historian, for the existence of mutually agreed rules and principles are just as old as the trade itself. The seeds of International Law were planted at the same time when civilisation started trading with other nations and civilizations. Over a course of time, International Law as we know it or as we have seen today is quite different from where it started; it has been developed and evolved delicately and gradually, it has been nurtured by many philosophers and legislators and has been influenced by many in this process.

It is recently that we have observed a formal way of making the rules in International Law where for a change the opinion of all the countries are taken in a formal forum but not too long ago, the situation was different since the people were different and the form of government was different. These mutually agreed rules were made by the head of the state irrespective of the type of government. These rules were influenced by the current needs, system of governance, need of the hour and suitability for both the parties. Imperialism gave birth to formal advancement of International Law, Imperialism also gave birth to Colonization, the lust to have more and more land, the lust for resources to own what did not belong to them. The sun never sets in the Queen’s kingdom and for what? A queen who never visited India but rules its people, land and resources, even without being aware of the populous. Colonization therefore had a deep impact on International Law. Laws made at the time were heavily influenced if not completely drafted by the colonies, these rules did not simply affect the colonizers or settlers as they were called but also the natives.

This research aims at bringing light to the topic, to understand and discover the Colonial Influence on International Law.