Kautilyan Principles and the Law of Nations (1965–66)

Abstract

This chapter analyses the Kautilyan tradition as followed in India or Further India during the sixteenth, seventeenth, and eighteenth centuries. It draws upon Kautilya’s Arthasastra (fourth century BC), one of the most significant sources indicating the principles of inter-sovereign conduct. Some of the most significant principles include: individual responsibility of each sovereign within the collectivity or concert of all sovereigns in the circle of states for the maintenance of a measure of inter-state public order; balance of power within the circle, modified by the evolution towards centralization of power and potential unification of states under a supreme authority; the principles relating to the treatment of foreign settlements; and negotiation to the limit before resort is made to sanctions or force (or even voting) for the solution of conflicts. The chapter concludes with a discussion of the impact of these principles on the development of the system of international law.

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