Overview

How do Asian states navigate the complex terrain between international legal obligations and strategic national interests in matters of war and peace? What justifications are invoked to wage war, and what are the legal frameworks used to restore peace? Do bilateral settlements comply with and support the development of international law, or do they undermine it? This comprehensive study examines conflict and peace-building across Asia since 1945, providing a distinctly Asian perspective on international law and relations. Written by an eminent Asian international jurist, scholar and former diplomat, the book considers how Asian history, including the region's experience of colonialism, shapes ideas of international order. The book considers rules against the threat or use of force; management of sovereignty disputes over borders and territories; insurgencies or conflicts arising from groups seeking self-determination; annexations of one State's territory by another State; conflicts under the guise of ""humanitarian intervention"" and the Responsibility to Protect (R2P) doctrine; self defence against terrorists and non-State actors who are driven by ideology; and armed intervention by invitation. The study reveals how Asian states balance principles with strategic realities, offering scholars, policymakers, and practitioners crucial insights into conflict dynamics in this geopolitically volatile region.

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9789813253308

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Reviews

""This book serves as the essential treaties on the everlasting problem of war and peace from an Asian perspective. For anyone seriously interested in humanitarian law, this book is a must – researched in detail, clear, comprehensive, informative, forward-thinking and beautifully written it dovetails the close yet complicated relationship between international law and politics."" – Yun Zhao, University of Hong Kong ""International law that governs the intersection between war and peace has always been underpinned by the tension between noble principles and strategic interests. Professor Kittichaisaree tackles this important and complex topic in relation to Asia with the confidence, subtlety, attention to detail, and pragmatism that his readers have come to expect."" – Martins Paparinskis, University College London ""Drawing on his extensive experience as a diplomat, lawyer, and judge on the International Tribunal for the Law of the Sea, Judge Kittichaisaree provides a deeply informed account of Asian governments' varied perspectives on international law relating to armed conflict since 1945. War and Peace in Asia is an essential guide to students, practitioners, and scholars of international law and relations seeking to understand how international law is understood and operates in one of the world's most diverse, economically significant, and geopolitically contested regions of the world."" – Oona A. Hathaway, Yale Law School

Author Information

Professor Dr. Kriangsak Kittichaisaree is a Judge of the International Tribunal for the Law of the Sea.

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