ICS Occasional Papers

It is no secret that a nation state’s domestic legal system, its functioning and continued reformation is essential to maintain the ‘rule of law’. While the notion of this ‘rule of law’ differs from state to state based on the extent of enshrined constitutional guarantees, independence of the judiciary and various other socio-cultural factors, China and India present two very contrasting examples.

 

This paper will delve into exploring the origin and nature of the differences that these two states exhibit in their understanding of ‘rule of law’. After delineating these schisms, the authors analyze the myriad forms in which these base differences have manifested themselves in China’s and India’s approach to international legal order governed by public international law.