PRACTICAL SOLUTION TO BORDER DISPUTES
Unable to resolve its border disputes with Pakistan and China, India has now managed to create a dispute with Nepal in the process of building a road to Kailash Mansarovar in Tibet through areas which are claimed by Nepal. History has taught us that such disputes will require disproportionate attention and resources and will remain a bone of contention over a long period, sometimes erupting in wars costing immense human suffering and lives, keeping our relationship with neighbours if not bitter, at least not such that we can trust each other. Why can the Prime Minister who wanted this road built to cater to his Hindu constituency not talk to Nepal, with whom India shares its majority religion, to have a joint management of the disputed area, something which may be more difficult to arrive at with Pakistan or China because of the complexity and history of problems involved? Time has come to revisit a largely abandoned theory of boundary dispute resolution: The Condominium. A condominium in international law exists when two or more States exercise joint sovereignty over a territory. More specifically, a condominium exists when “two or more states together exercise joint sovereignty on the same territory, and such sovereignties mutually limit their activities, at least in principle, on the grounds of legal equality.” Condominium has been burdened historically, by the primacy of sovereignty as a consideration in the state system at the cost of peace and loss of lives. Other resolution devices rely upon indivisible notions of sovereignty, which means that, regardless of whether a dispute is resolved peacefully or through armed conflict, one side invariably loses on a claim it believed to be valid. This resolution is often temporary as the losing side never completely abandons its claim and seizes every opportunity to recapture it. If we look closely, we find that there is nothing in the nature of sovereignty to render impossible a permanent and agreed division of sovereignty as suggested by the very nature of a condominium. A Framework Agreement was signed on 3 August 2015 by the Narendra Modi government with National Socialist…